This User Agreement regulates the relationship between the legal entity (hereinafter referred to as the User or the Seller) on the one hand, and the portal eiriq (hereinafter referred to as the Administration of the portal or eiriq) on the other hand (hereinafter referred to as the seller and eiriq, jointly referred to as the Parties), on the Internet portal eiriq.eu, eiriq.com (hereinafter referred to as eiriq).
Having registered and started using the portal eiriq, the User confirms that:
he became familiarized with the terms of this Agreement, accepts them in full and shall comply with them.
he became familiarized with the additional conditions and rules of the portal, accepts them in full and shall comply with them.
he became familiarized and agrees to the processing of his personal data in accordance with the rules established by the privacy policy.
Annexes to the Agreement are integral parts of this document: confidentiality agreement, rules for the publication of goods, prohibited goods, price list.
The portal is the information and reference system containing information about goods that are sold by the sellers and are allowing the seller to post information about the goods, and the User-Buyer to buy goods, by concluding a contract with the seller on the purchase of goods by making an order on the portal eiriq.
eiriq – online trading platform created for the sale, promotion and advertising of goods (hereinafter referred to as the Portal)
Administration – SAV GRUAP SIA, company - administrator registered in the Register of Enterprises of the Republic of Latvia with the registration number 40103934094, which is carrying out economic and administrative activities on the portal.
Account - set of data about the User, which is stored on the portal and is necessary for his/her authentication and provision of access to his/her personal data and settings.
User - person who has access to the services provided by the portal in the framework of the above-mentioned provisions.
Registration - procedure of creation of the account
Personal profile - specialized section of the portal, which is protected by special means of protection, which is providing the User the access to information about the made orders, as well as other information related to the use of the portal.
Seller - User who is engaged in the activities aimed at the sale of goods on the portal within the framework of this Agreement.
Buyer - User who is engaged in the activities aimed at buying (acquisition) of goods on the portal within the framework of this Agreement.
Goods - item intended for sale, posted on the portal in accordance with the provisions.
Seller’s Store - section of the portal, in which all the goods of the seller are presented.
Order - concluded contract of sale of goods in accordance with the terms specified by the seller, in particular, including the price and description of the offered goods.
Order number – unique number assigned to the order.
Rating system (seller’s rating) - system of the buyer’s subjective estimates.
2.1. The seller's account can be created by legal entities and private entrepreneurs who are engaged in commercial activities and can assume obligations on their behalf.
2.2. Registration is carried out by completing a separate registration form with the specification of the required data.
Subsequently, these organizations, at the request of the Administration of the portal, send copies of the documents that confirm the specified data on the commercial activities.
The Administration shall issue an invoice for 1EUR, which should be paid from the bank account of the enterprise in order to confirm the data and verify the seller.
2.3. After the positive verification of the data provided by the User, the seller's account shall be activated.
2.4. The Administration of the portal, in the course of verification of the data, shall have the right to refuse registration or to terminate the activities of any participating seller without giving any reason.
2.4. After registration, the User shall not be allowed to delete or change the data contained in the account settings, as well as to provide incomplete or false data, except for the cases permitted by the Administration of the portal.
2.5. The User cannot have more than one account, except for the cases permitted by the Administration of the portal.
2.6. The seller's account cannot be transferred to another seller or User.
2.7. The Administration of the portal shall have the right to suspend the User’s account for a certain or indefinite period.
2.8. The Administration of the portal shall not be liable for losses incurred as a result of suspension of the account.
2.9. Unless the contrary is proved by the seller, any actions committed by using its account shall be considered to be committed by the User.
3.1. The seller should provide all the information about the product that will be presented on the portal. On a regular basis, the seller shall provide and update product information, such as:
- code of the goods (article)
- brief description of the goods
- technical specifications, if available
- images (as specified in the data submission pattern)
- manufacturer’s part number (if available)
- quantity of inventory
- selling price
- delivery
- insurance options (if available)
- guarantee
- return procedure
The seller shall be fully responsible for the accuracy of all information provided on the portal and the related products that will be placed and/or sold on the portal eiriq.
3.2. The seller agrees not to post prohibited goods. The “Prohibited Goods” used herein are the products listed in the “List of Prohibited Goods”.
3.3. The publication of information on the portal should take place in full accordance with the Rules for Publication of Information on the portal and the Rules for Registration of the Goods.
3.4. The seller should offer a guarantee of replacement or refund for all goods, the guarantee or replacement of which should be at least favorable to customers, in accordance with the standard EU return policy. Sellers who offer an extended or any other additional guarantee should comply with the terms and conditions presented by them at the time of purchasing.
3.5. The seller shall be fully responsible for ensuring that all the information about the goods presented on the portal is accurate.
3.6. Upon receipt of a complaint from the buyer, the seller shall provide an answer within one business day.
3.7. The Administration of the portal may at its own discretion at any time cancel or remove any prohibited goods or other information that violates this Agreement.
If the seller or the goods are removed from the portal at the own discretion of the Administration, the Administration shall have the right to specify on the portal that the seller and goods were removed from the portal and to notify the clients who purchased such goods.
Under no circumstances the portal shall be liable for any material or reputational damage on the part of the seller arising from the removal or blocking of the seller on the portal.
3.8. The seller shall use the buyer's personal data only for the execution of the order.
3.9. The seller shall bear full responsibility for the safety of the buyer’s personal data.
3.10. The seller shall have the right to request additional information from the buyer, if it is necessary for the execution of the order in accordance with EU legislation.
3.11. The seller shall have the right not to execute the order if the buyer has provided incorrect or false information.
4.1. The Administration of the portal shall not be responsible for the information provided and published on the portal by the User, as well as for the content of information about the products, availability and reliability.
4.2. The Administration of the portal shall not be responsible for any possible disputes between the Users of the portal, including the lawsuits, claims and requirements.
4.3. The Administration of the portal shall never be liable for the damages resulting from the use or inability to use the portal.
4.4. The Administration of the portal shall have the right unilaterally to change the information on products published on the portal, by informing the Users about it.
4.5. The Administration of the portal shall have the right unilaterally to change the provisions that come into force upon their publication on the portal.
4.6. The Administration of the portal shall have the right to restrict access or to block the Users if the Users cause damage to the portal, create various legal problems, violate laws, intellectual property rights or other agreements, and shall be entitled to demand the compensation for damages (loss of profits and expenses related to interrupted commercial activity).
4.7. The Administration of the portal shall have the right to deactivate the seller's account if the seller has not been active on the portal for 45 calendar days.
4.8. The Administration of the portal shall have the right not to reply to the User's emails, and to ignore the requests and requirements that are not in compliance with the legal acts, the present or additional terms of the agreement.
4.9. The Administration of the portal shall not be a party of the agreements on the sale of goods concluded between the Users, and shall not guarantee that the seller and the buyer have the right to conclude and execute the agreement.
4.10. The Administration of the portal shall not be liable for the behavior of the Users within the framework of the agreement or for improper fulfillment or non-fulfillment of the conditions within the framework of the execution of the order, as well as for the consequences of the actions committed by the Users and the third parties that violate these provisions.
In particular, it is not be responsible for the quality, safety or legality of goods sold within the framework of the execution of the order, for the ability of the sellers to sell, the solvency of the buyers, the truthfulness and reliability of the information provided by the Users.
4.11. The parties shall be responsible in accordance with the regulatory enactments for non-fulfilment or improper fulfilment of their obligations hereunder.
5.1. In accordance with the terms of the order, the seller shall transfer, and the buyer shall accept and pay for the goods at the prices specified in the order.
5.2. The seller’s obligations to transfer the goods and the buyer's obligation to pay and receive goods arise from the moment of the order execution on the portal.
5.3. Non-fulfilment or improper fulfilment by the seller of its obligations within the framework of the order execution through the portal may be the basis for the cancellation of the seller's account on the portal.
5.4. In case of a seller's refusal to execute the order carried out on the portal, the seller, at the written request of the Administration, shall pay a penalty of 0.5% of the value of the order, including the cost of delivery. The specification of the requirements provided for in this Clause of the Provisions shall be the right rather than the obligation of the Administration.
6.1 The functionality of the portal does not provide for the possibility of changing the conditions of the order or its cancellation. The buyer can not perform any actions in order to change the order, and can not remove goods from the order or cancel the order.
6.2. The cancellation of the order shall not be governed by this Agreement. The User should contact directly the seller in order to cancel or change the order.
6.3. All actions related to the cancellation of the purchase/sale agreement between the buyer and the seller shall be regulated by the current legislation.
7.1. Delivery of the goods shall be carried out by the seller.
7.2. The seller shall be responsible for the goods before its transfer to the buyer.
8.1. Terms, conditions and procedure for the return and exchange of goods shall be regulated by the law “On the Protection of Consumer Rights”.
8.2. The buyer shall have the right to apply directly to the seller who sold the goods on all matters related to return/exchange of goods.
9.1. Within the portal, the rating system in both descriptive and graphical form (i.e. graphical sales rating) is provided to the buyers, which exchanges the subjective opinions about the progress of the order.
9.2. The content of the ratings and responses is public information for all visitors of the portal.
9.3. Ratings and responses should correspond to the actual course of order execution and cannot include:
a) curses, pornographic content, incitement to hatred, racism, xenophobia,
b) contact data or logins of the users, websites with advertising or advertising content.
9.4. The Administration of the portal shall not get involved in the content of the rating and responses, but shall reserve the right to edit, delete or block the possibility of their provision in cases of violation of this Agreement or at its own discretion.
10.1. Services provided by the portal are subject to payment. All fees shall be paid by the seller. This receivable shall be calculated on an ongoing basis and shall be submitted for payment for the settlement periods.
10.2. The settlement period shall be a calendar month.
10.3. Fees and charges for the services provided by the portal shall be paid by the seller to the bank account indicated in the invoice.
10.4. The actions of the User the purpose of which is the avoidance of payment of the fees indicated in the invoice are prohibited.
10.5. The amount of fees and charges for the services, the method of calculation, as well as the rules are published in Appendix No. 3.
11.1. The User shall give the permission to the Administration of the portal for the processing and use of the personal data and message distribution.
11.2. The User always shall have the right to refuse the message distribution.
11.3. The Administration shall not disclose the User's personal data to the third parties, except for the cases provided for by regulatory enactments.
12.1 The Administration shall send personal messages to the User to the postal address, e-mail address or self-service section indicated by the User, depending on the content of the message. Such messages shall be deemed to be received by the User after five (5) business days from the date of sending.
13.1. The Administration of the portal and the User are guided by the regulatory enactments.
13.2. Controversial issues shall be resolved through negotiations. If this is not possible, the dispute shall be resolved in the court of the Republic of Latvia.
13.1. If the disputes related to the use of the portal arise, the User and the Administration shall take all the measures to resolve the disputed on a mutually acceptable basis through negotiation.
13.2. Unless otherwise provided by the Rules, the Administration shall accept the User's claims for consideration in writing submitted through the personal profile or the portal, no later than within 5 (five) business days from the date of occurrence of the circumstances in regard to which the claim is presented.
13.4. The Administration shall consider the User's claim within 10 (ten) business days from the date of receipt, and then shall send a substantive response in writing to the User’s details specified in the claim.
13.5. The Administration shall have the right to refuse to accept and consider the User's claim if the User provides inaccurate information when executing an order.
14.1. The Administration and the User shall be guided by the legislation and good business practices in everything that is not expressly provided by the Agreement.
14.2. The Administration shall reserve the right at any time:
14.2.1. unilaterally to amend the Rules without prior notice to the User.
Changes made to the Agreement shall come into force upon publishing of the new version of the agreement on the portal. The history of amendments and additions to the Agreement shall be contained in the annex to the Agreement;
14.2.2. to suspend or terminate the operation of the portal upon condition of publishing of the relevant information on the portal.
01.08.2018