Terms of service
Terms of Service
These Terms of Service govern the purchase, ordering, payment, delivery and other conditions relating to products offered in the Estere Nature Cosmetics online store, as well as the legal relationship between the Seller and the Buyer.
Seller
SIA “Rozes Skaistums”
Company Registration No.: 40203210081
VAT Registration No.: LV40203210081
Registered Address: Draudzības iela 3, Skrīveri, Aizkraukle Municipality, LV-5125, Latvia
Email: estere.cosmetics@gmail.com
Phone: +371 20301002
Product Return Address:
SIA “Rozes Skaistums”
Skolas iela 18
Ogre, Ogre Municipality, LV-5001
Latvia
1. Definitions and General Provisions
1.1. Seller – SIA “Rozes Skaistums”.
1.2. Buyer – a natural or legal person who places an order for a Product through the Online Store.
1.3. Consumer – a natural person who purchases a Product for purposes unrelated to their business or professional activities.
1.4. Website – the online store estere.lv.
1.5. Product – any product or electronic gift card offered for purchase on the Website.
1.6. Order – an order for Products placed by the Buyer through the Website.
1.7. Distance Contract – a contract concluded remotely between the Buyer and the Seller for the purchase of Products.
1.8. These Terms apply together with the Returns and Refunds Policy, Shipping Policy and Privacy Policy published on the Website.
1.9. If the Buyer is a Consumer, no provision of these Terms shall be interpreted in a manner that restricts the Consumer's statutory rights.
1.10. The consumer rights provided for under the Consumer Rights Protection Law apply to legal persons and natural persons purchasing Products for business or professional purposes only where required by applicable laws and regulations.
1.11. The primary language of the Website and these Terms is Latvian. Where information is also provided on the Website in other languages, such information is intended for the relevant market or Buyer.
2. Product Information and Prices
2.1. The Website provides information about the essential characteristics and price of each Product and, where applicable, its ingredients, quantity, size, instructions for use and other relevant conditions.
2.2. The Estere Nature Cosmetics product range includes handmade Products and Products manufactured using natural ingredients. Consequently, individual production batches may exhibit slight variations in colour, shape, texture or other visual characteristics, provided that such variations do not affect the Product's essential characteristics, safety or intended use.
2.3. Product photographs are provided for illustrative purposes. Due to screen settings, lighting, production batches or the characteristics of natural ingredients, the actual colour or appearance of a Product may differ slightly from the image displayed.
2.4. Product prices displayed on the Website are expressed in euros and include applicable taxes, unless clearly stated otherwise for a particular Product.
2.5. Delivery costs are not included in the Product price unless free shipping is expressly indicated in the relevant offer.
2.6. The final amount payable by the Buyer, including the price of the Products, applicable discounts and delivery costs, is displayed before the Order is confirmed and payment is made.
2.7. The Seller may change Product prices and offers for future purchases. Once the Distance Contract has been concluded, the price confirmed at the time the Order was placed shall apply.
2.8. If an incorrect price or other materially incorrect information is displayed on the Website due to an obvious technical error, the Seller shall contact the Buyer as soon as possible.
The Order shall not be unilaterally substituted or modified without the Buyer's consent.
If no agreement can be reached, the Seller shall refund the payment received for the relevant Product.
3. Placing an Order and Concluding a Distance Contract
3.1. The Buyer selects Products and adds them to the shopping cart.
3.2. Before confirming the Order, the Buyer has the opportunity to review the contents of the shopping cart, Product quantities, prices, delivery information and other entered details, and to correct any identified errors.
3.3. The Buyer provides the contact and delivery information necessary to fulfil the Order, selects an available delivery and payment method, and verifies the final Order amount.
3.4. The Buyer is responsible for the accuracy and completeness of the information provided when placing an Order.
3.5. By placing an Order, the Buyer confirms, through the relevant action on the Website, that the Order entails an obligation to pay.
3.6. The Distance Contract is deemed concluded when the Order has been successfully placed, payment has been confirmed and an Order confirmation has been sent to the email address provided by the Buyer.
3.7. After placing an Order, the Buyer receives an electronic Order confirmation containing essential information about the purchase.
3.8. The Seller retains information relating to the Order and the concluded transaction to the extent and for the periods prescribed by applicable laws and regulations and the Privacy Policy.
The Buyer may request information about their Order by contacting the Seller.
3.9. The Buyer is not required to create a user account if the Website allows Orders to be placed without registration.
4. Product Availability
4.1. If, after an Order has been placed, the Seller determines that the ordered Product is unavailable or cannot be delivered within the expected timeframe, the Seller shall inform the Buyer as soon as possible.
4.2. In such circumstances, the Seller may offer to:
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Agree on a different delivery date;
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Select an alternative Product, subject to the Buyer's express consent;
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Cancel the relevant part of the Order and refund the amount paid for the unavailable Product.
4.3. The Seller shall not replace an ordered Product with another Product without the Buyer's consent.
5. Payments
5.1. The payment methods available to the Buyer are displayed during checkout.
5.2. Payments may be processed by an external payment service provider used by the Seller.
5.3. Order preparation begins after the Seller receives confirmation that payment for the Order has been successfully completed.
5.4. The Buyer shall not be charged additional fees of which they were not informed before placing the Order and to which they have not agreed in accordance with applicable laws and regulations.
6. Product Delivery
6.1. The delivery methods available for the specified delivery address, their costs and the conditions for free shipping are displayed during checkout.
Additional delivery information is available in the Website's Shipping Policy.
6.2. Delivery times displayed on the Website are estimates. Delivery may be affected by public holidays, shipping service providers' workloads, customs procedures, weather conditions and other objective circumstances.
6.3. Unless the Seller and the Consumer have agreed on a different delivery period, the Seller shall deliver the Product without undue delay and no later than 30 days after the conclusion of the Distance Contract.
6.4. If the Product is not delivered within the agreed or legally prescribed period, the Consumer has the rights provided for by applicable laws and regulations to request delivery within an additional period and, where applicable, to terminate the contract unilaterally.
6.5. A delay caused by the delivery service provider does not, in itself, deprive the Consumer of their statutory rights against the Seller.
6.6. If the Buyer provides an incorrect or incomplete delivery address, telephone number, email address or parcel locker location, the Seller shall not be responsible for delays directly resulting from such incorrect information.
If reshipment is necessary, the Seller shall inform the Buyer in advance of any possible additional delivery costs.
6.7. Where a Product is delivered to a Consumer using a delivery method offered by the Seller, the risk of loss of or damage to the Product passes to the Consumer when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the Product.
6.8. If the Consumer independently selects a carrier that was not offered by the Seller as a delivery option, the transfer of risk shall take place in accordance with applicable laws and regulations.
6.9. Upon receiving an Order, the Buyer is advised to inspect the condition of the shipment and the Products.
If any damage, incorrect Product or other issue is identified, the Buyer is kindly requested to contact the Seller as soon as possible.
6.10. To facilitate the investigation of damage occurring during delivery, the Buyer is advised to retain the packaging and, where possible, take photographs of the damaged Product, packaging and shipping label.
The absence of photographs does not, in itself, deprive the Consumer of their statutory rights.
6.11. When Products are delivered outside the European Union, additional charges may apply in the destination country, including customs duties, import value-added tax (VAT), customs clearance fees, carrier administration fees and other costs associated with importing the Products.
Unless explicitly stated otherwise at checkout, these charges are not included in the Product prices or delivery fees and shall be borne by the Buyer.
The application and amount of additional charges are determined by the laws and regulations of the destination country and the terms and conditions of the relevant delivery service provider.
Such charges are calculated and collected by the competent authorities of the destination country or the delivery service provider.
7. Delivery and Storage of Temperature-Sensitive Products
7.1. Some Estere Nature Cosmetics Products are made from plant butters, oils and other natural ingredients and may be sensitive to elevated temperatures.
7.2. Exposure to high temperatures may cause certain Products to soften, change their consistency or shape, or partially or completely melt.
7.3. Outdoor parcel lockers do not guarantee storage temperatures suitable for cosmetic products. The temperature inside a parcel locker may vary depending on weather conditions.
7.4. During warm and hot weather, the Seller recommends choosing courier delivery or an indoor parcel locker, where available, for temperature-sensitive Products.
7.5. In weather conditions where there is a significant risk of Product damage, the Seller may temporarily restrict the availability of certain delivery methods or contact the Buyer to agree on a more suitable delivery method or dispatch time.
7.6. The choice of delivery method does not, in itself, restrict the Consumer's statutory rights if the Product was damaged before the risk of loss or damage passed to the Consumer.
7.7. After receiving the Product, the Buyer is responsible for promptly placing it in storage conditions appropriate to its characteristics and for following the instructions for use and storage indicated on the Product, its packaging or label.
7.8. Changes in Product characteristics that can be demonstrated to have occurred after receipt as a result of the Buyer's improper use, unsuitable storage, prolonged exposure to elevated temperatures or other circumstances within the Buyer's control do not, in themselves, mean that the Product was non-conforming at the time of delivery.
8. Product Conformity and Consumer Claims
8.1. The Seller is responsible for ensuring that Products conform to the contract in accordance with applicable laws and regulations.
8.2. The Consumer has the right to submit a claim regarding a Product's lack of conformity with the contract within two years from the date of delivery.
The Consumer must submit the claim to the Seller within two months of discovering the lack of conformity.
8.3. The two-year period for submitting claims does not constitute the Product's expiry date, a commercial guarantee or an extension of the Product's period of use.
When using cosmetic Products, the Consumer must comply with the expiry date, period after opening, storage temperature and other instructions for use and storage indicated on the Product, its packaging or label.
8.4. If a Product does not conform to the contract, the Consumer is initially entitled to choose between having the Seller remedy the lack of conformity free of charge or replace the Product with a conforming Product free of charge, unless the selected remedy is impossible or disproportionate.
8.5. In cases provided for by applicable laws and regulations, the Consumer may be entitled to a proportionate price reduction or termination of the contract and a refund of the amount paid for the Product.
8.6. Remedying a lack of conformity or replacing a Product shall be carried out free of charge, including without requiring the Consumer to bear the necessary shipping costs.
8.7. If the Consumer wishes to submit a claim regarding a damaged, incorrect or non-conforming Product, they are requested to contact the Seller and provide the Order number and a description of the issue.
Where possible, the Consumer is kindly requested to attach photographs that help establish the nature of the non-conformity.
Providing photographs is not, in itself, a prerequisite for exercising the Consumer's statutory rights.
8.8. The Seller may reasonably request that the Consumer hand over or send the disputed Product for inspection.
9. Right of Withdrawal and Product Returns
9.1. The Consumer has the right to withdraw from a Distance Contract within 14 days without giving any reason, except in cases where the right of withdrawal does not apply under applicable laws and regulations.
9.2. In the case of purchasing a Product, the 14-day withdrawal period begins on the day when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the Product.
If several Products are ordered in a single Order and delivered separately, the period begins on the day the last Product is received.
9.3. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an unequivocal statement.
The notification may be sent to:
The Consumer may use the model withdrawal form provided by the Seller, but use of this form is not mandatory.
9.4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the notification of their decision to exercise the right of withdrawal before the 14-day period expires.
9.5. Following notification of withdrawal, the Consumer must send or hand over the Product to the Seller without undue delay and no later than 14 days after notifying the Seller of the withdrawal.
Product Return Address:
SIA “Rozes Skaistums”
Skolas iela 18
Ogre, Ogre Municipality, LV-5001
Latvia
9.6. In the case of a standard withdrawal from the contract, the Consumer bears the direct costs of returning the Product.
If the Product is returned due to non-conformity with the contract, the procedure set out in Section 8 of these Terms and applicable laws and regulations shall apply.
9.7. During the withdrawal period, the Consumer may inspect the Product only to the extent that would be possible before purchase in a physical retail store.
Inspecting a cosmetic Product does not include the right to use or test it on the skin, hair, lips, teeth or in any other manner corresponding to its intended use.
If the Consumer wishes to exercise the right of withdrawal, the cosmetic Product must not be used, moistened, applied to the body or otherwise handled in a manner that exceeds external inspection.
9.8. The right of withdrawal does not apply if, after receiving the Product, the Consumer has opened protective packaging, a seal or other hygienic protection on a Product that is not suitable for return due to health protection or hygiene reasons once such protection has been removed.
This also applies to cosmetic and personal hygiene Products that, after opening or use, can no longer be safely offered to another Consumer.
The fact that a Product is a cosmetic product does not, in itself, automatically mean that the right of withdrawal is lost. The exception applies according to the specific type of Product, its hygienic protection and its actual condition.
9.9. If a cosmetic Product does not fall within the health protection or hygiene exception described above, but the Consumer has used it beyond what would be permitted when inspecting a Product in a physical retail store, the Consumer is responsible for any diminished value resulting from such handling.
If, as a result of use, the Product can no longer be sold to another Buyer for health, safety or hygiene reasons, the diminished value shall be assessed taking into account the condition of the particular Product and the objectively established loss of value.
9.10. If a gift set was purchased on the Website as a single Product, exercising the right of withdrawal requires returning the entire gift set, including all Products, accessories and gift packaging included in it.
9.11. If the Consumer exercises the right of withdrawal in relation to the entire Order, the Seller shall also refund the original standard delivery costs paid by the Consumer for shipping the Product from the Seller to the Consumer.
This provision does not apply to the costs of returning the Product to the Seller.
When exercising the right of withdrawal, provided that the Product is not damaged or non-conforming, the Consumer bears the direct costs of returning the Product.
If the Consumer initially selected a delivery method that was more expensive than the least expensive standard delivery method offered by the Seller, the Seller is not required to refund the portion of the delivery costs exceeding the cost of the least expensive standard delivery method.
9.12. The Seller shall reimburse the amounts due to the Consumer without undue delay and no later than 14 days from the date on which the Seller receives the Consumer's notification of withdrawal from the contract.
The Seller is entitled to withhold the refund until:
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The returned Product has been received; or
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The Consumer has provided evidence that the Product has been sent back;
whichever occurs first.
9.13. Refunds shall be made using the same means of payment as the Consumer used for the original transaction, unless the Consumer has expressly agreed to another method of reimbursement.
The Consumer shall not incur any additional fees as a result of the refund.
9.14. Detailed provisions governing the right of withdrawal and Product returns are set out in the Website's Returns and Refunds Policy.
10. Order Cancellation Before Dispatch
10.1. If the Buyer wishes to cancel an Order that has not yet been handed over to the delivery service provider, they are kindly requested to contact the Seller as soon as possible at:
Please include the Order number.
10.2. If the Order has not yet been dispatched, the Seller shall cancel it and refund the payment received for the cancelled Order.
10.3. If the Order has already been handed over for delivery, the Consumer's right of withdrawal shall be governed by Section 9 of these Terms and the Returns and Refunds Policy.
11. Electronic Gift Cards
11.1. Electronic gift cards may be offered for purchase on the Website.
11.2. The gift card's face value, validity period and conditions of use are specified in the relevant Product description and/or in the information provided with the gift card.
11.3. The Consumer's right of withdrawal and other statutory rights relating to the purchase of electronic gift cards shall apply in accordance with applicable laws and regulations.
12. Processing of Personal Data
12.1. The Seller processes the Buyer's personal data for the purposes of placing and fulfilling Orders, processing payments, delivering Products, providing customer service, complying with legal obligations and other lawful purposes.
12.2. Detailed information about the processing of personal data, its legal basis, data recipients, retention periods and data subject rights is available in the Website's Privacy Policy.
12.3. Marketing communications are sent only in circumstances permitted by applicable laws and regulations.
The Buyer has the right to unsubscribe from future marketing communications at any time.
13. Intellectual Property
13.1. Texts, photographs, design elements, Product descriptions, trademarks and other content published on the Website are protected by applicable intellectual property laws, unless otherwise stated in relation to specific material.
13.2. Website materials may not be reproduced, republished, distributed or otherwise used for commercial purposes without the consent of the rights holder, except where permitted by applicable laws and regulations.
14. Complaints and Dispute Resolution
14.1. If the Buyer has any questions, objections or complaints regarding a Product or Order, we encourage them to contact the Seller first:
Email: estere.cosmetics@gmail.com
Phone: +371 20301002
14.2. If a dispute with the Consumer cannot be resolved through negotiations, the Consumer may submit a written complaint to the Seller.
14.3. The Seller shall provide a written response to the Consumer's written complaint within 15 working days of receiving it, unless an agreement on satisfying the Consumer's claim or another solution has been reached within that period.
14.4. If, for objective reasons, a response cannot be provided within 15 working days, the Seller shall inform the Consumer in writing of the reason for the delay and indicate a reasonable timeframe within which a response will be provided.
14.5. If the Seller rejects the Consumer's claim, the rejection shall be accompanied by reasons.
14.6. If the dispute cannot be resolved with the Seller, the Consumer has the right to contact the Consumer Rights Protection Centre of Latvia (Patērētāju tiesību aizsardzības centrs), the relevant alternative dispute resolution body, where one has been established for the particular sector, or the competent court.
Information about alternative dispute resolution bodies is available in the list maintained by the Consumer Rights Protection Centre.
15. Applicable Law
15.1. These Terms and the Distance Contract concluded between the Seller and the Buyer shall be governed by the laws of the Republic of Latvia.
15.2. If the Buyer is a Consumer to whom mandatory consumer protection provisions of another country apply, the choice of Latvian law under these Terms shall not deprive the Consumer of the protection afforded by such mandatory legal provisions.
15.3. The jurisdiction for resolving disputes shall be determined in accordance with applicable laws and regulations.
16. Validity and Amendments to the Terms
16.1. The Seller may amend these Terms by publishing an updated version on the Website.
16.2. Amendments to these Terms shall not affect Orders for which a Distance Contract was concluded before the relevant amendments entered into force.
Such Orders shall be governed by the Terms in effect at the time the Distance Contract was concluded.
16.3. If any provision of these Terms becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.
16.4. Matters not expressly regulated by these Terms shall be governed by the laws and regulations of the Republic of Latvia and, where applicable, the European Union.