These Terms and Conditions aim to define the contractual relationship between Clearance and the buyer, and the terms and conditions applicable to any purchase made via the Clearance shopping website www.clearance.lv. The Terms and Conditions which follow have been created to inform potential customers of the terms and conditions and processes for purchases, sales and the delivery of all products offered by the company on its website. These Terms and Conditions also set out the rights and obligations that sellers and consumers must comply with in order that transactions take place as efficiently as possible.
All orders placed via the www.clearance.lv website imply that the buyer has read and accepted the Terms and Conditions.
1. Description of the goods and services offered:
The products and services offered are those which appear in the catalogue published on the seller’s website.
Each product is accompanied by non-contractual description and photographs. Photographs and descriptions of the products in the catalogue are as true and accurate as possible, but cannot under any circumstances be supposed to be exactly like the product offered, in particular with regards to colour. Therefore, Clearance cannot be held liable in the event of error or omission in any of the text, photographs or images relating to the product, nor in the event of modification of the product characteristics by the supplier.
Product prices are shown inclusive of all taxes (TTC) i.e. including your country VAT + any other additional or related taxes.
The products remain the property of Clearance until full payment of the price.
Any individual order from a trade customer, works council or other organisation will be processed after contact has been made via email or telephone.
For any questions relating to the price of our products, use this email address: [email protected]
The buyer acknowledges that they have the legal capacity to make an order and that they are over 18 years of age.
Electronic confirmation of the order constitutes acceptance of these Terms and Conditions by the buyer, and acknowledgement that they have been read and understood, and that the buyer waives the right to claim their own terms of purchase or other conditions. The agreement is then considered fixed and final.
All data supplied during the purchase and the saved confirmation is considered proof of transaction. This confirmation will serve as proof of signature and acknowledgement of the transaction by the buyer.
The seller will send email confirmation of the registered order.
The customer can follow the progress of their order on the website by clicking on ‘My Account’.
4. Payment Terms:
Payment for products and any postage charges related to the order are payable in full at the time of ordering by the customer to confirm their acceptance of these charges.
Payment is expressed in lev and inclusive of all taxes (TTC).
On the request of the buyer, a paper or electronic invoice highlighting payable VAT will be issued.
Clearance cannot be held responsible for the non-payment of this tax or any tax relating to an international shipment between their customers and their country’s customs services.
Customers can make payments using:
– Credit card (Bleue, Visa card, MasterCard, American Express)
Order payment may be reversed at any time until 120 days after the date the order was placed. As such, Clearance reserves the right, at its sole discretion, not to ship a package where the payment, the IP address or the delivery address appears suspicious or dangerous for itself or for a third party.
Clearance will then not be responsible for the payment of damages or compensation of any kind since this is a matter that affects the safety of their customers, suppliers and service providers.
5.1 Delivery times and availability:
The products offered on the website are subject to available stock.
If for any reason, the seller is unable to deliver the order to the buyer, the seller shall contact the customer and give them option to change, modify or cancel their order.
5.2 Delivery charges:
The prices indicated on the Website are tax inclusive prices.
The buyer assumes all risks from the moment the products have left the seller’s or their carrier’s premises and until the customer returns the product to the seller.
The seller shall ensure that products are properly protected for transport. If, despite this protection, ordered products are damaged during transport, the buyer may either refuse to accept the delivery of damaged goods or make dated and signed handwritten reservations on the delivery note or at the post office depending on chosen carrier.
The buyer should also contact Clearance within 24 hours and follow the website returns request procedure which can be accessed from ‘Delivery and return policy’ page, indicating the product concerned and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email.
The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging.
The seller shall deliver the replacement product after return of the damaged product at their own expense and subject to available stock. The return cost for the damaged product will be refunded to the customer on receipt of proof of payment.
The seller will not accept returned goods if a returns number has not been sent to the buyer.
5.4 Product missing on delivery or delivery does not conform to the order:
If the customer finds that a product is missing upon delivery by the carrier, they must contact the seller within 48 working hours following delivery and provide the order number. The seller will then deliver the missing product as soon as possible without additional postage charges, or will carry out a product exchange if the delivery does not conform to the order.
To make an exchange, the customer must contact the seller:
– for delivered products which do not conform to the order, by email to [email protected], with their order number the customer may then request a returns number indicating the product they wish to return and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email. The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging. The cost to return the damaged product will be refunded on receipt of proof of payment and the product that was not delivered in accordance with the order will be delivered without additional postage charges to the customer.
6. LEGAL COOLING-OFF PERIOD
6.1 Length of legal cooling-off period
Tthe Purchaser has 15 (fifteen) days from the day of receipt of the parcel containing the ordered products to change their mind without having to give a reason for the decision. In the case of a Gift Voucher purchased on the website, the Purchaser has 15 (fifteen) days from confirmation of the Order to change their mind provided the Gift Voucher has not been used either partly or fully before expiration of said period. If this is not the case, the cooling-off period will not apply and no refund of any kind will be made.
Terms and Conditions of Sale which remain fully applicable.
6.2 Consequences of legal cooling-off period
If the cooling-off period applies and the Purchaser respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded for the returned products and the Order delivery costs.
Clearance will not pay the cost of returning the Products.
6.4 How to cancel the purchase during the legal cooling-off period
The Purchaser or, where applicable, the recipient of the Order, must inform Clearance of their wish to benefit from the cooling-off period by contacting Clearance Customer Service within 15 (fifteen) days of reception of the Order. The Purchaser have to contact Clearance by email to the following address: [email protected].
The Purchaser will be refunded for the amount of the Order and the delivery costs effectively paid at the time of delivery. However, for orders delivered outside the European Union and for which customs duties have been invoiced to the Purchaser, Clearance will not refund the customs duties.
6.5 General provisions applicable to all types of returns
The products must be returned to Clearance in the original packaging, in a saleable condition, at the latest 15 (fifteen days) after the date of receipt thereof.
7. Your personal data:
The personal information you may provide to us via our site is collected and used in accordance with the terms of protection of personal data which are accessible on the footer of this website.
If for any reason one of these Terms and Conditions sale should be declared inapplicable, this inapplicability shall not affect the application of the other provisions of the terms and conditions; the condition found to be inapplicable shall be replaced by the closest possible provision.
In its online sale process, the seller is under an obligation of means only; they are not liable for damages resulting from the use of the Internet such as data loss, intrusion, virus, loss of service or other involuntary problems.
The seller’s liability is limited to the purchase amount paid by the buyer. The seller cannot be held liable for stock shortages or delivery delays by suppliers.
Under no circumstances will Clearance be held responsible for any damages whatsoever, direct or indirect, caused to the user or a third party, due to a malfunction, failure, loss of earnings, loss of data, loss of profits, operating loss, loss of software, a deterioration or loss of material by the user or a third party.
The seller bears no responsibility for compensation for direct and indirect, material or immaterial damages arising from damage resulting from scenarios exhaustively described above. Nor does the seller bear responsibility for recovery, reproduction or repair costs resulting from such losses or damages.
The seller cannot be held responsible for any typing errors by the customer during the ordering which as consequence have resulted in errors or delays in delivery.
9. Retention of title clause:
Goods remain the property of Clearance until full payment of their cost.
10. Intellectual Property:
All elements of the site www.clearance.lv are and remain the intellectual and exclusive property of Clearance.
No person is authorised to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the Clearance website, software, graphics or sound.
Any simple or hypertext links are strictly forbidden without the express written consent of Clearance.
ET Clearance shall not be responsible if the content of the sites to which a referral with hypertext links is offered does not comply with the legal and regulatory provisions in force.
11. Archiving – Proof:
Computerised records stored in reasonably secure conditions shall be considered as proof of communications, orders and payments that have occurred between the parties.
Order forms, order confirmations and invoices are stored on a reliable and permanent media to provide an accurate and permanent copy.
The computerised records of the seller shall be considered by the parties as proof of communications, orders and payments that have occurred between the parties.