Terms and Conditions
All individual arrangements between us and a specific customer are discussed and recorded in a separate agreement. The terms and conditions set out below are general in nature and do not amend or override separately concluded and signed agreements.
As we may accept your order and conclude a legally binding contract without further reference to you, please read these terms carefully to make sure they meet your expectations and are acceptable to you. If anything is unclear, please call us on +371 27650521 or write to info@awl.lv.
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1. Application
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1.1. These terms and conditions (the "Terms") apply to the purchase of goods by you (the "Customer" or "you"). The seller is SIA "AW Latvia", trading under the brand Wooden Wall Design, unified registration No. 40103525986, VAT No. LV40103525986, registered office: Limbažu iela 2, Smiltene, Smiltenes nov., LV-4729, Latvia; e-mail: info@awl.lv; telephone: +371 27650521 (the "Supplier", "we" or "us").
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1.2. These are the terms on which we sell all Goods to you. By submitting an Order, you agree to be bound by these Terms. Before submitting an Order on the Website, you will be asked to confirm your acceptance of these Terms by ticking "I agree"; without this confirmation the Order cannot be completed. You may purchase Goods on the Website only if you have legal capacity to enter into a contract and are at least 18 years old.
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1.3. These Terms do not limit or exclude any consumer rights established by mandatory provisions of the laws of the Republic of Latvia or the European Union. The Privacy Policy available on the Website forms an integral part of these Terms.
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2. Definitions
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2.1. Consumer – a natural person who purchases Goods for purposes unrelated to his or her economic or professional activity.
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2.2. Contract – the legally binding contract between you and us for the sale and delivery of the Goods.
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2.3. Delivery Location – the place specified in the Order where the Goods are to be delivered, or the Supplier’s premises if the Goods are collected on site.
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2.4. Durable medium – paper, e-mail or any other medium that allows you to store information addressed personally to you in a way accessible for future reference for as long as necessary for the purposes of the information, and allows the unchanged reproduction of the information stored.
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2.5. Goods – the goods offered on the Website that we supply to you in the quantity and to the description specified in the Order.
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2.6. Order – the Customer’s order for the Goods submitted by following the step-by-step ordering process set out on the Website.
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2.7. Privacy Policy – the terms available on the Website which set out how we handle personal data and confidential information.
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2.8. Website – our website www.woodenwalldesign.com on which the Goods are offered.
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3. Goods
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3.1. The description of the Goods is set out on the Website and in catalogues, brochures or other advertising materials. Descriptions and images are for illustrative purposes only, and minor variations in the size and colour of the Goods delivered are permissible. Wood is a natural material, so the colour tone, texture and grain pattern of each item may vary; this shall not be regarded as a defect of the Goods.
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3.2. If the Goods are made to your individual requirements, you are responsible for ensuring that all information and specifications you provide are accurate.
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3.3. All Goods shown on the Website are subject to availability.
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3.4. We may make changes to the Goods which are necessary to ensure compliance with applicable laws or safety requirements. We will notify you of any such changes.
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4. Personal data and registration
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4.1. When registering on the Website, you must create a username and password. You are responsible for all actions taken using your username and password and undertake not to disclose them to any third party and to keep them secret.
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4.2. We store and process personal data in accordance with the Privacy Policy and applicable data protection laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation).
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4.3. In connection with the Order and the performance of the Contract, we may contact you by e-mail, by other electronic means of communication or by post, and you consent to this. We send commercial communications only in accordance with applicable law and the Privacy Policy.
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5. Formation of the Contract
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5.1. The description of the Goods on the Website constitutes an invitation to submit an Order and not a binding offer to sell. After receiving an Order, we may decline to accept it; if this happens, we will endeavour to inform you without delay and state the reason.
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5.2. The ordering process is set out on the Website. Each step of the process allows you to check and correct the data entered before submitting the Order. It is your responsibility to ensure that the Order is completed correctly and in full.
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5.3. The Contract for the sale of the Goods ordered is concluded when you receive an e-mail from us confirming the Order (the Order Confirmation). Please check that the Order Confirmation is complete and accurate and inform us of any errors without delay; we are not responsible for inaccuracies made by you in the Order. By placing an Order, you agree to receive confirmation of the Contract with all the information it contains by e-mail on a durable medium (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after the conclusion of the Contract, but no later than at the time of delivery of the Goods.
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5.4. Any offer made by us is valid for no longer than 14 days from the date it is made, unless we expressly withdraw it earlier.
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5.5. After the Contract has been concluded, changes to it (including to the description of the Goods or the price) may only be made if agreed in writing between the Customer and the Supplier.
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5.6. These Terms are intended for Contracts concluded by you as a Consumer. If you purchase Goods for the purposes of your trade, business or profession (as a business), please inform us – we will offer you contract terms appropriate for commercial transactions.
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6. Price and payment
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6.1. The price of the Goods and any delivery or other additional charges are as set out on the Website on the day the Order is submitted, unless we agree a different price in writing.
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6.2. Prices include value added tax (VAT) at the rate in force at the time the Order is placed.
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6.3. Payment is due upon submission of the Order using the payment methods offered on the Website (for example, payment card or bank transfer). We may take payment immediately or at any time before delivery of the Goods.
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7. Delivery
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7.1. We will deliver the Goods to the Delivery Location within the time stated on the Website or agreed separately or, if no time has been agreed, without undue delay and in any event no later than 30 days after the day on which the Contract is concluded.
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7.2. If we fail to deliver the Goods on time, you may (in addition to any other remedies) terminate the Contract if:
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7.2.1. we have refused to deliver the Goods, or delivery within the agreed period is essential taking into account all the relevant circumstances at the time the Contract was concluded, or you told us before the Contract was concluded that delivery within the agreed period was essential; or
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7.2.2. after we failed to deliver on time, you specified an additional period appropriate to the circumstances, and we did not deliver the Goods within that period either.
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7.3. If you terminate the Contract under clause 7.2, we will (in addition to any other remedies) promptly refund all payments made under the Contract.
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7.4. If you were entitled to terminate the Contract under clause 7.2 but did not do so, this does not prevent you from cancelling the Order in respect of undelivered Goods or rejecting Goods that have been delivered. In that case, we will (in addition to any other remedies) promptly refund all payments made for the cancelled or rejected Goods. If the Goods have already been delivered, you must return them to us or allow us to collect them, and in this case we will bear the related costs.
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7.5. If the Goods form a single commercial unit (a unit is a commercial unit if dividing it would materially impair the value of the Goods or the character of the unit), you may not cancel the Order or reject only some of those Goods without also cancelling or rejecting the Order for the rest of them.
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7.6. You agree that, for a good reason (for example, a temporary shortage of stock), we may deliver the Goods in instalments, subject to the above provisions and at no additional cost to you.
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7.7. If you or your nominated person fails, through no fault of ours, to accept delivery of the Goods at the Delivery Location, we may charge a reasonable fee for the storage and redelivery of the Goods.
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7.8. The Goods are at your responsibility from the completion of delivery or from the moment you collect them yourself. Where reasonably practicable, please examine the Goods before accepting them.
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8. Title and risk
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8.1. The risk of damage to or loss of the Goods passes to you when you, or a third party nominated by you (other than the carrier engaged by us), acquire physical possession of the Goods.
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8.2. You acquire ownership of the Goods only once we have received payment in full. If full payment is overdue or insolvency proceedings have been commenced against you, we may, by notice, suspend or cancel any delivery and reclaim any Goods still owned by us; in that case you must return them or allow us to collect them.
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9. Right of withdrawal, returns and cancellation
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9.1. Before the Contract is concluded, you may withdraw your Order by notifying us – including where you have simply changed your mind – without giving any reason and without incurring any liability.
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9.2. This is a distance contract (as defined in clause 9.16) and the Consumer has the right of withdrawal described below. The right of withdrawal does not apply (among other things) to:
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9.2.1. Goods made to the Consumer’s specifications or clearly personalised;
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9.2.2. Goods liable to deteriorate rapidly or with a short expiry date.
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9.3. The right of withdrawal also ceases to apply if, after delivery, the Goods are, by their nature, inseparably mixed with other items.
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9.4. Right to withdraw. Subject to these Terms, you as a Consumer may withdraw from the Contract within 14 days without giving any reason. The right of withdrawal does not apply to legal persons or to persons purchasing the Goods for the purposes of their trade, business or profession.
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9.5. The withdrawal period expires 14 days after the day on which you, or a third party indicated by you (other than the carrier), acquire physical possession of the Goods. If several Goods in one Order are delivered separately, the period runs from the day of receipt of the last item. For contracts for the regular delivery of Goods over a defined period (e.g. subscriptions), the period runs from the day of receipt of the first delivery.
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9.6. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the Contract by an unequivocal statement before the withdrawal period expires (for example, a letter sent by post or an e-mail to info@awl.lv). You may use the model withdrawal form annexed to these Terms, but it is not obligatory. We recommend keeping evidence of the time at which the withdrawal notice was sent.
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9.7. You may also submit the withdrawal notice or the completed withdrawal form electronically on our Website www.woodenwalldesign.com. If you use this option, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail) without delay.
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9.8. The withdrawal deadline is met if you send the notice of exercise of the right of withdrawal before the withdrawal period has expired.
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9.9. Effects of withdrawal. If you withdraw from the Contract, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
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9.10. Deduction for diminished value. We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods (i.e. beyond what you would reasonably be allowed to do in a shop). You are liable for any such diminished value; if the deduction has not been made at the time of the refund, you must pay us the relevant amount.
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9.11. Time of refund. If we have not offered to collect the Goods ourselves, we will make the reimbursement without undue delay and no later than:
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9.11.1. 14 days after the day we receive back from you all Goods supplied, or
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9.11.2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
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9.11.3. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent them back, whichever is the earliest.
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9.12. If we have offered to collect the Goods, or if the Goods had not yet been delivered, we will make the reimbursement without undue delay and no later than 14 days after the day on which we received your withdrawal notice.
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9.13. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
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9.14. Return of the Goods. If you have already received the Goods, you must send them back or hand them over to us without undue delay and in any event no later than 14 days from the day on which you notified us of your withdrawal, to: SIA "AW Latvia", Limbažu iela 2, Smiltene, Smiltenes nov., LV-4729, Latvia. The deadline is met if you send back the Goods before the 14-day period has expired.
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9.15. You bear the direct cost of returning the Goods. Bulky Goods (for example, wall panel sets, doors or panels) which, because of their nature, cannot normally be returned by post must be returned via a freight carrier; the cost depends on the size and weight of the Goods and on your location and, as an indication, will not exceed the delivery cost stated on the Website for the relevant Order. On request, we will provide an approximate cost estimate before the return.
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9.16. For the purposes of this right of withdrawal:
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9.16.1. "distance contract" means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
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9.16.2. "sales contract" means a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services.
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10. Conformity of the Goods and guarantees
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10.1. We are under a legal obligation to deliver Goods that are in conformity with the Contract.
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10.2. At the time of delivery, the Goods shall:
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10.2.1. be of satisfactory quality;
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10.2.2. be reasonably fit for any particular purpose which you made known to us before the Contract was concluded (except where you do not actually rely, or it would be unreasonable for you to rely, on our skill and judgement), and be fit for any purpose we have stated on the Website or in the Contract; and
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10.2.3. conform to their description.
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10.3. A defect caused by materials supplied by you or by incorrect specifications provided by you shall not be regarded as a lack of conformity.
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10.4. Statutory rights. A Consumer is entitled to submit a claim to us in respect of Goods that do not conform to the Contract within two years of the date of delivery of the Goods, in accordance with the procedure laid down in the Consumer Rights Protection Law of the Republic of Latvia; the claim should be submitted within two months of the day on which you discovered the lack of conformity. In the event of non-conformity, you are entitled first to require us to remedy the non-conformity free of charge or to replace the Goods with conforming Goods; if this is impossible or is not done within a reasonable time, you may require an appropriate price reduction or cancel the Contract and receive a refund.
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10.5. Any manufacturer’s commercial guarantee (where provided for specific Goods) is passed on to you free of charge. Details of the guarantee, including the name and address of the guarantor, the duration and the territorial scope of the guarantee, are set out in the guarantee document supplied with the Goods. The commercial guarantee takes effect from delivery of the Goods and does not limit or replace your statutory rights.
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11. Successors and subcontractors
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11.1. Either party may transfer its rights and obligations under the Contract to another person, while remaining liable to the other party for the performance of its obligations; the position of a Consumer must not be worsened as a result of such a transfer. The Supplier is responsible for the acts of any subcontractors it engages to perform its obligations.
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12. Force majeure
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12.1. If a party is unable to perform its obligations due to circumstances beyond its reasonable control:
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12.1.1. that party shall inform the other party as soon as reasonably practicable; and
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12.1.2. that party’s obligations shall be suspended for as long as the circumstances continue, so far as is reasonable, provided that the party acts reasonably to mitigate the consequences. A party shall not be liable for any failure it could not reasonably avoid, but this shall not affect the Customer’s rights in relation to delivery (section 7) and the right of withdrawal (section 9) set out above.
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13. Liability
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13.1. The Supplier does not exclude or limit its liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by the Supplier’s negligence or breach of its legal obligations; or (iii) any other matter for which the exclusion or limitation of liability is not permitted by applicable law.
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13.2. Subject to clause 13.1, the Supplier shall not be liable for: (i) losses that were not reasonably foreseeable by both parties at the time the Contract was concluded; and (ii) losses (such as loss of profit) related to the Customer’s trade, business or profession that would not be suffered by a Consumer, as the Supplier assumes that the Customer does not purchase the Goods wholly or mainly for the purposes of its trade, business or profession.
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13.3. Nothing in these Terms limits a Consumer’s statutory rights.
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14. Governing law and dispute resolution
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14.1. These Terms and the Contract are governed by the laws of the Republic of Latvia. The law applicable to contractual obligations is determined in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). If you are a Consumer habitually resident in another country, this clause does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence.
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14.2. The parties undertake first to seek to resolve amicably, through negotiations, any dispute connected in any way with the use of the Website or arising from the performance, interpretation or termination of the Contract.
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14.3. If no agreement can be reached, the dispute shall be resolved by the courts of the Republic of Latvia, unless mandatory provisions of law (including, with respect to consumers, Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction) provide for a different jurisdiction. If you infringe or threaten to infringe the intellectual property rights of us or of our affiliated companies, partners or licensors, we may seek interim relief in any competent court.
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14.4. Out-of-court dispute resolution. If you believe that we have infringed your rights as a Consumer, we invite you first to submit a written complaint to us (info@awl.lv); we will respond in accordance with applicable law. If the disagreement cannot be resolved, you may contact the Consumer Rights Protection Centre of Latvia (Patērētāju tiesību aizsardzības centrs, www.ptac.gov.lv) or the Latvian Consumer Dispute Resolution Commission, as well as the consumer protection authority of your country of residence.
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14.5. If the dispute concerns the protection of personal data, you may also contact the Data State Inspectorate of Latvia (Datu valsts inspekcija, www.dvi.gov.lv) or the data protection supervisory authority of your country of residence.
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15. Miscellaneous
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15.1. We may amend these Terms from time to time. The version of the Terms in force at the time the Order is submitted applies to that Order.
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15.2. If any provision of these Terms is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
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15.3. These Terms are drawn up in Latvian; versions in other languages are translations provided for your convenience.
