Terms of purchase and returns

1. Terms used

1. Seller – Orange Hat Coffee (SIA “Orange Hat”);

2. Buyer – physical person that is an adult and purchases items from Seller; a minor (aged 14 to 18), who has the permission from parents or guardian (except in cases when he/she pays with his/her own means), legal person or authorised representative of the person;

3. Terms of Use – contracts and regulations that stipulate the Buyer’s and Seller’s relationship, rights, duties and responsibilities;

4. Contract to Sell – contract between Seller and Buyer concluded during the sale.

5. E-catalogue – Seller’s homepage/store (orangehatcoffee.eu) that allows to identify the Buyer, his/her reservations, contact information, payment and delivery information;

6. Order – list of items purchased by Buyer.

2. General terms

1. These terms are a legal document that is binding to both parties and which states the rights, responsibilities of Buyer and Seller, terms of purchase and payment, procedure of item delivery and returns, duties of the parties and other terms of sale and purchasing regarding the selling of Seller’s items.

2. Before making an order the Buyer must familiarise with these terms and confirm that he/she has reviewed them by submitting the required information, concluding contracts and delivery requests.

3. Seller has the rights to change the terms in accordance with requirements of the law at any time. Buyer will be informed about any changes in the online store.

3. Moment of concluding contract

Contract between Buyer and Seller is concluded when:

1. Buyer creates an order in online store, submits all the required information for concluding the contract and delivering the items, and clicks on “Order”;

2. When making an order on the phone: Buyer gives all required information for concluding the contract and makes the order and delivery.

4. Rights of Buyer

1. Buyer has the rights to refuse the Contract to Sell and return the items. Buyer must inform the Seller in written format, indicating the item (-s) he/she wishes to return and the reason behind it. In accordance with Law on Consumer Protection of 2015, the consumer has rights to renumeration, item exchange, repairs and/or compensation if items are defective or don’t conform not their description.

2. Buyer can exercise his/her rights in Point 4.1. only if the item is not damaged, its appearance hasn’t significantly changed or it hasn’t been used.

3. If Buyer has purchased items form Seller and in accordance with Point 4.1. wishes to terminate Contract to Sell of a specific item (-s), he/she must return all the items to Seller. If at least one of the items doesn’t conform to requirements of Point 11.3., Seller has the rights to refuse to accept the returned items.

5. Duties of Buyer

1. Buyer must pay for items and accept them in the order stated by these terms.

2. When making an order in the online store, Buyer undertakes to follow these terms, terms in the online store and legislation of the Republic of Latvia.

6. Rights of Seller

1. Seller has the rights to determine the minimum order value by his discretion – the minimum sum required for a delivery free of charge. This sum must be stated in order terms.

2. If Buyer tries to threaten the stability and security of E-catalogue or violates his responsibilities, the Seller has the rights to stop or limit the Buyer’s access to E-catalogue immediately and without prior warning.

3. If there are any uncertainties about the order information after order has been made the Seller contacts Buyer using the provided contact information. If Seller can’t contact the Buyer within three (3) business days Seller has the rights to cancel order without prior warning to Buyer.

7. Duties of Seller

1. Seller agrees to allow the Buyer to use E-catalogue services based on these terms and those in E-catalogue.

2. Seller undertakes to consider Buyer’s privacy and rights to personal information and to process Buyer’s data only in accordance with terms and order stated in legislation of the Republic of Latvia.

3. Seller agrees to deliver items that Buyer has ordered to the address provided in the order stated in Point 9 of these terms.

4. If Seller can’t carry out the delivery of ordered items to Buyer due to special conditions, he undertakes to deliver the Buyer a different item/-s that are as similar to the unavailable item/-s as possible. If Buyer refuses to accept the similar items or other items of a similar nature, Seller agrees to refund the Buyer within three (3) business days, if payment for the items has already been made.

5. If Buyer uses the rights stated Points 4.1. and 4.3. of these terms, Seller agrees to refund the Buyer within 14 (fourteen) days, starting from the day the returned items are received.

8. Payment order and term

1. Buyer can pay for items in the following ways:

With bank transfer – a prepayment where the Buyer transfers money from their account to Seller’s account indicated in the order;
With debit or credit card;
With loyalty coupon, by entering the coupon code while during ordering.

2. Item delivery and receiving

Items purchased by the Buyer are delivered using DPD delivery services.

2. Item delivery:

1. Buyer chooses the order delivery time and undertakes to indicate a precise delivery address.

2. Buyer undertakes to accept the items or during the ordering to indicate the person who will receive them. If Buyer (or person assigned by him/her) can’t receive the items or if items are delivered to address specified by Buyer but it’s incorrect, the Buyer has no rights to raise claims against Seller regarding item delivery.

3. Seller or person authorized by him/her delivers the items.

4. Delivery (transporting) fee depends on order amount and weight, in accordance with the price list of the currier. Buyer will be informed about delivery fees during order confirmation.

5. Items will be delivered within 1 to 5 business days from 8:00 to 16:00. If there are any issues or items are sold out, Seller must immediately inform Buyer about a possible longer delivery period, and if Buyer agrees to that, Seller can continue executing the order.

6. Seller is never responsible for violating item delivery terms, if items haven’t been delivered to Buyer or delivered on time due to Buyer’s fault or circumstances caused by Buyer.

7. During item delivery the Buyer together with Seller or his representative must check the items and their condition and sign a delivery note.

8. After delivery note is signed it is considered that the item is delivered in appropriate condition, without damages that aren’t manufacture defects, and the item doesn’t have nonconformities (that can be detected by a visual inspection).

9. If the packaging of the order is damaged (wrinkled, wet or damaged in other ways), the item (-s) is/are damaged and/or doesn’t conform, the Buyer must note that in the delivery note and in the presence of seller or his representative must draw up a certificate of damage in a free format and take photos.

10. If Buyer doesn’t do this, Seller is relieved of any responsibility against the Buyer regarding item damages, if in the basis of such violations isn’t the manufacturer’s mistakes or non-conformities and if these non-conformities can be found during visual inspection of items.

10. Item quality guarantee and expiration date

2. Seller is not responsible if the colour, form or other characteristic of an item in E-catalogue doesn’t conform to actual item size, form and colour due to the display function of a device used by Buyer.

3. Quality guarantee provided by Seller doesn’t limit the consumer rights determined by law, if they purchase bad quality items or services.

4. When returning items, Buyer must contact the Seller to initiate return process. If item is returned, Seller agrees to accept such item and replace it with a similar or the same item. If Seller doesn’t have similar items or Buyer doesn’t want to exchange items, Seller issues a refund to the Buyer for the respective items. Fees for return are always covered by Seller.

11. Returning and exchanging items

1. In accordance with Law on Consumer Protection of 2015, the consumer has the rights to a refund, item exchange, repairs and/or compensation if items are defective or don’t conform to their description. If Buyer for any reason is not fully satisfied with their purchase, he/she can return the purchased items free of charge to the Seller within 14 calendar days after moment of purchasing.

2. To return an item in cases conforming to Point 11.1., Buyer must contact Seller and provide a written request on returning items. It must be carried out in accordance with Point 4.2.

3. When returning items to seller, the following must be considered:

Returned item must be in original packaging (this rule doesn’t apply if items for returning are defective);
Item can’t be damaged by the Buyer;
The item must be unused, usable for reselling (undamaged labels, protection film etc.) (This point is not applicable if faulty items are returned);
Returned item must have all the same parts that were in the packaging when item was received by Buyer;
When returning the item, the purchase document and written request for return must be attached.

4. Seller has the rights not to accept returned items if Buyer doesn’t follow the order of returning purchased items stated in this point.

5. When returning item, Buyer must contact the Seller to start returning process. If item is returned, Seller agrees to accept such item and exchange it with a similar or the same item. If Seller doesn’t have similar items or Buyer doesn’t want to exchange items, Seller issues a refund to the Buyer for the respective items. Fees for return are always covered by Seller.

6. Returning and exchanging items is carried out in accordance with Law on Consumer Protection of 2015.

7. Refund for returned items is always transferred to payer’s bank account.

12. Personal information

1. When making an order, Buyer must provide personal information that allows the Seller to identify Buyer, to deliver the order and in case it’s needed, to contact Buyer regarding additional information necessary, or to use Buyer’s information for direct marketing (with his/her permission).

2. When making an order, Buyer agrees that the communication required for item delivery will be carried out using the e-mail and phone number provided by the Buyer.

3. If Buyer wants his/her e-mail address or phone number not to be used for direct marketing purposes, he/she must inform Seller about it.

4. Seller confirms that the personal data of Buyer will be processed only for the purpose of purchasing items, as well as for direct marketing purposes (only if Buyer doesn’t state that he/she doesn’t want that their data are used for direct marketing purposes, as it’s stated in point 12.3. of these terms). Seller agrees not to disclose Buyer’s personal data to third parties, except Seller’s partners that ensure item delivery or other services regarding Buyer’s order. In all other cases the Seller can disclose Buyer’s personal data only in accordance with what’s stated in legislation of the Republic of Latvia.

5. Personal data that the Buyer sends to Seller about their credit or debit cards in bank systems, are securely processed using services with safe data transmission SSL (Secure Socket Layer) certificates. Banks used by Buyer take full responsibility for these personal data.

6. The Buyer as data subject has the rights to receive information about how his/her personal data are processed, so he/she could regulate, cancel or disagree to their data being processed.

7. To ensure the Buyer with comprehensive functionality of E-catalogue, Seller stores certain information in Buyer’s computer (device), called cookies. Seller uses the stored information to identify Buyer as the previous online store visitor, he has access to information about made purchases, as well as this information ensures statistics on homepage visiting. Buyer can review the information (cookies) saved by Seller, and Buyer can delete part or all saved cookies. The Buyer also has rights to object storing information (cookies) and using them in their computer (device), but in this case some E-catalogue functions might not be accessible to Buyer. By accepting cookie usage terms the Buyer agrees that information is saved in his/her computer (device). At any moment the Buyer can cancel the agreeing by changing browser settings or sending a request to Seller.

8. Any request or order related with personal data processing must be submitted by Buyer to Seller in written form. When receiving such request or order, the Seller must reply to Buyer in written form within thirty (30) calendar days.

9. Buyer can’t use E-catalogue services if he/she doesn’t agree with the rules stated in this point regarding personal data protection.

13. Responsibility

1. Buyer is fully responsible for the correctness of provided personal data. If buyer doesn’t provide specific personal data, Seller is not responsible for the consequences and has the rights to request compensation for direct losses from the Buyer.

2. Buyer is responsible for all operations carried out during the use of online store.

3. Seller is free of any responsibilities in case the Buyer hasn’t familiarized with these terms despite Seller’s suggestions and the provided access to them.

4. If Seller’s E-catalogue contains links to other companies, organisations or web pages of private persons, Seller is not responsible for information placed there or activities; Seller doesn’t monitor or control these web pages and doesn’t represent these companies and private persons.

5. Seller is not responsible for connections between Buyer and Seller’s partners, whose services the Buyer uses.

6. In case of losses the guilty party compensates the other party for direct losses.

14. Final terms

1. these terms are developed in accordance with legislation of the Republic of Latvia.

2. Legislation of the Republic of Latvia is binding to all judicial relationships that arise from terms stated in this document.

3. All disagreements arising from execution of these terms must be solved with negotiations. If it’s not possible to achieve agreement through negotiations, the disputes are solved in accordance with legislation of the Republic of Latvia.