Shop Terms & Conditions | Kazanova Moonshine

TERMS AND CONDITIONS FOR USING THE E-SHOP

These terms and conditions for use of the online trading platform www.kazanova.lv (hereinafter – KAZANOVA.LV) and for the distance contract for the delivery of goods (hereinafter – the TERMS) shall apply when you, as a buyer on KAZANOVA.LV, by concluding a distance contract for the delivery of goods online, select, order, and purchase goods offered by KAZANOVA.LV, or otherwise use the information and/or services provided by KAZANOVA.LV.

By placing an order on KAZANOVA.LV, in accordance with Sections one and two of Article 10 of the Consumer Rights Protection Law, a civil-law agreement – a distance contract for the delivery of goods (hereinafter – the Contract) – is concluded between you as the consumer (Buyer) and the organizer of trade and supplier of goods on KAZANOVA.LV – the limited liability company KAZANOVA, registration No. 41503081273, legal address: Lauku iela 2, Biķernieki, Biķernieku parish, Augšdaugava Municipality, Latvia, LV-5440, location: “Tauriņi”, Romaniški, Kalkūne parish, Augšdaugava Municipality, Latvia, LV-5449. The terms of the Contract are included in these TERMS.

The limited liability company “KAZANOVA” has been issued a special permit for the retail sale of alcoholic beverages, Series MT No. 00000017099. The sale of alcoholic beverages is carried out using a distance contract (RD) at the place of sale – on the website/mobile application www.kazanova.lv, in accordance with the special permit Series MT No. 00000017099. Warehouse excise identification number: LV10081200026.

By placing an order, the Buyer confirms that they have read, understood, agree to the TERMS, and undertake to comply with them. The Buyer is not permitted to order goods on KAZANOVA.LV if the Buyer has not read and agreed to the TERMS. The obligations set out in the TERMS are binding, and their violation may serve as grounds for unilateral termination of the distance contract. The Contract is valid for an indefinite period.

1. DEFINITIONS

1.1. KAZANOVA.LV – the online trading platform www.kazanova.lv, which the Buyer uses, by concluding a distance contract for the delivery of goods online, to place orders for and purchase Goods, or otherwise to obtain information and/or receive services.

1.2. Seller – the organizer and seller of goods on KAZANOVA.LV – the limited liability company KAZANOVA, registration No. 41503081273, legal address: Lauku iela 2, Biķernieki, Biķernieku parish, Augšdaugava Municipality, Latvia, LV-5440, location: “Tauriņi”, Romaniški, Kalkūne parish, Augšdaugava Municipality, Latvia, LV-5449, which, in accordance with the TERMS, offers and sells goods to Buyers on KAZANOVA.LV, including alcoholic beverages, and which has been issued a special permit (license) for the retail sale of alcoholic beverages, Series MT No. 00000017099, as well as granted a warehouse excise identification number LV10081200026.

1.3. Buyer – a natural person who visits KAZANOVA.LV, obtains information, orders Goods, and makes purchases on KAZANOVA.LV for their household needs or uses other services provided by KAZANOVA.LV, who has reached at least 18 years of age and has full legal capacity to enter into contractual relations with the Seller.
If you are not a Buyer within the meaning of this Contract and wish to purchase goods for commercial purposes, please do not place an order. Persons wishing to purchase our offered goods for commercial purposes are invited to contact us by email at: [email protected].

1.4. Contract – a distance contract for the delivery of goods between the Buyer and the Seller, which is automatically concluded once the Buyer has registered as a permanent buyer on KAZANOVA.LV (Clause 2.1.2 of the TERMS) or has placed an order as an unregistered user by making a one-time order of Goods (Clause 2.1.1 of the TERMS). By placing an order on KAZANOVA.LV, you confirm that you have familiarized yourself with the TERMS, including the terms of the Contract, fully agree to them, and undertake to fulfill the Buyer’s obligations set out in the TERMS.

1.5. Goods – alcoholic beverages, other types of drinks, and any other types of food products offered and sold on KAZANOVA.LV.

1.6. Delivery – the delivery of the Goods ordered by the Buyer to the address specified in the Buyer’s order.

2. ORDERING GOODS

2.1. To place an order for Goods on KAZANOVA.LV, the Buyer shall:

2.1.1. Place a one-time order for Goods as an unregistered user. Before placing the order, the Buyer must provide the following information: first name, last name, email address, telephone number, and delivery address;

2.1.2. Register on the online trading platform as a permanent Buyer by creating a Buyer account. To create a Buyer account, the Buyer must complete the mandatory fields and provide login credentials (email address or telephone number and password), which the Buyer must keep confidential and not disclose to third parties. If the Buyer chooses delivery to a specific address, the address must be saved in the profile details so that it can be used for future orders;

2.1.3. If the Buyer already has a user account on KAZANOVA.LV or has previously made purchases on KAZANOVA.LV, the Buyer only needs to enter their email address and password as an existing Buyer.

2.2. The Buyer is responsible for providing truthful, accurate, and complete information. If the data provided in the Buyer’s registration form changes, the Buyer must update it immediately. The Seller informs that under no circumstances shall it be liable for any losses incurred by the Buyer and/or third parties due to the Buyer having provided incorrect and/or incomplete personal data or having failed to update such data.

2.3. In order to reduce the risk of unauthorized access to KAZANOVA.LV on behalf of the Buyer, it is recommended to create a complex and difficult-to-guess password (it is recommended to create a password of at least 8 characters, using uppercase and lowercase letters, numbers, and punctuation marks; to avoid easily guessable words (such as first name, last name, etc.) and/or numbers (such as date of birth, etc.); and to change the password no less frequently than once every 6 (six) months). The Buyer is responsible for the complexity of the created login credentials and for their safekeeping.

2.4. After registration, the Buyer assumes full responsibility for not disclosing the Buyer account password to third parties. The Buyer is also responsible for any actions (data submission, submitted orders for Goods, comments, etc.) performed on KAZANOVA.LV using the Buyer’s individual user email address or mobile phone number and password. If third parties access KAZANOVA.LV using the Buyer’s login credentials and place orders for Goods, the Seller shall consider such persons to be the Buyer’s representatives authorized by the Buyer to place orders on the Buyer’s behalf. The Seller shall not be liable for any losses incurred by the Buyer as a result of third parties accessing KAZANOVA.LV using the Buyer’s login credentials. The security of login credentials is particularly important in cases of payments made with debit or credit cards. If the Buyer has lost their login credentials, the Buyer must immediately inform the Seller using the contact channels indicated on KAZANOVA (address, telephone, or email), or immediately change the login credentials by accessing the “My Details” section of the KAZANOVA.LV system.

3. ORDERING GOODS

3.1. The Buyer may use the services of KAZANOVA.LV and order Goods with delivery to the delivery address specified by the Buyer. The ordering of Goods shall be carried out as follows:

Step 1: The Buyer selects the desired Goods, indicates the quantity, and adds them to the shopping cart by clicking “Add to cart”. If the Buyer wishes to add additional Goods to the cart, the Buyer must click “Continue shopping”; if the Buyer wishes to proceed with placing the order, the Buyer must click “Continue” displayed at the top or bottom of the page. Information about the approximate delivery cost is available in the section “Delivery costs”.

Step 2: The Buyer specifies the delivery address to which the supplier shall deliver the order. If the Buyer wishes future orders to be delivered to the same address, this delivery address must be saved in the Buyer’s profile details.

Step 3: The Buyer selects and marks the preferred delivery method.

Step 4: The Buyer selects and marks the preferred payment method.

Step 5: The Buyer reviews the order.

The ordered Goods and the total purchase amount will be displayed on the Buyer’s screen. If the Buyer does not wish to make changes to the contents of the cart, the Buyer must click “Confirm purchase”, and the order placement will be completed. The following information will appear on the screen: “Thank you for your purchase! Your order has been received”, and an order confirmation/invoice will be sent to the Buyer’s specified email address. If the Buyer has not received the order confirmation at the specified email address, the Buyer must contact the Seller by writing to [email protected] or by calling (+371) 28 00 88 24 to verify whether the order has been registered.

The Buyer should note that:

When making an electronic purchase, the Buyer must ensure that the “Shopping cart” contains all Goods the Buyer intended to purchase. The shopping cart can be cleared, and the selected range and quantities of Goods can be changed.

When completing the delivery address and contact information, the Buyer may return to and modify the “Shopping cart” at any time by using the option “Change cart contents”.

The Seller registers and processes the Buyer’s orders on business days from 10:00 to 17:00. After receiving an order, a representative of the Seller may contact the Buyer to confirm the order and/or agree on payment or delivery details.

3.2. In the performance of this Contract, the Buyer will receive notifications regarding the order and the status of order fulfillment using the provided contact information. Detailed information on when and why the Seller will contact the Buyer is available in the privacy policy.

3.3. In cases where any of the Goods are unavailable, a KAZANOVA.LV representative will contact the Buyer to agree on further actions regarding the purchase – either to refund the amount paid for the unavailable Goods or to refund the full amount of the order, allowing the Buyer to place a new order.

4. GOODS

4.1. Where KAZANOVA.LV provides descriptions of the general characteristics of the Goods, such descriptions are based on the specifications provided by the manufacturer and may change depending on changes determined by the manufacturer of the Goods. Unless otherwise provided by applicable laws and regulations, the Seller is responsible only for presenting this information to Buyers. The manufacturer of the Goods is responsible for information regarding the characteristics of the Goods.

4.2. The Seller warns that, due to the technical means used to produce them, the visual representation of the Goods on KAZANOVA.LV may slightly differ from the original size, shape, and color of the Goods. The Seller guarantees the delivery of Goods of original origin.

4.3. The Seller is entitled to change the assortment of Goods offered on KAZANOVA.LV and their prices at any time without prior notice. Changes to the assortment of Goods and prices shall not apply to orders that have already been placed.

5. PRICES AND PAYMENTS

5.1. The prices of the assortment of Goods available on KAZANOVA.LV are indicated in EUR and include any value added tax or other applicable taxes. Goods are sold at the prices valid at the time the order is placed. Prices and promotions on KAZANOVA.LV may differ from prices at the Seller’s retail outlets (if any). The total price of the Goods and delivery may include duties and commission fees. Bank commission fees may apply depending on the bank used by the Buyer.

5.2. In addition to the price of the Goods, the Buyer shall pay a delivery fee for delivery of the Goods to the address specified by the Buyer. The delivery fee is calculated based on the location of the delivery address and is indicated to the Buyer together with the total purchase price of the ordered Goods before the order is confirmed. By confirming the order, the Buyer also confirms the calculated delivery fee.

5.3. The Buyer may make payments only using the payment methods indicated in the payment methods menu on KAZANOVA.LV.

5.4. After payment has been made, the Seller sends the Buyer a supporting document – an electronically prepared invoice – to the email address specified by the Buyer. An electronically prepared supporting document (invoice) is valid without a signature.

5.5. The Seller shall commence fulfillment of the Buyer’s order only after full payment of the price of the ordered Goods and the delivery fee has been received in the Seller’s bank account.

5.6. The minimum total amount of a Goods order for which the Seller provides delivery to the Buyer’s specified address is EUR 0.01 (one euro cent).

5.7. Any full or partial refund of a payment made by the Buyer, where required in the cases provided for in the TERMS, shall be made by the Seller no later than within 10 (ten) business days, using the same means of payment as used by the Buyer (i.e., to the same settlement account from which the payment was made), unless the Buyer has expressly agreed to a different means of payment and the Buyer does not incur any fees for the use of such means of payment, unless the TERMS or applicable laws and regulations specifically provide for a different refund period or procedure.

5.3. The Buyer may make payments only using the payment methods indicated in the payment methods menu on KAZANOVA.LV.

5.5. The Seller shall commence fulfillment of the Buyer’s order only after full payment of the price of the ordered Goods and the delivery fee has been received in the Seller’s bank account.

5.6. The minimum total amount of a Goods order for which the Seller provides delivery to the Buyer’s specified address is EUR 0.01 (one euro cent).

6. DELIVERY OF GOODS

6.1. If, at the time of placing the order, any of the Goods ordered by the Buyer are unavailable, the Seller shall contact the Buyer. The price difference for the undelivered Goods shall be refunded to the Buyer (Clauses 3.3 and 5.7 of the TERMS).

6.2. The Seller delivers the Goods ordered by the Buyer within 1–3 days from the date of payment for the Goods (Clause 5.5 of the TERMS). The delivery time depends on the availability of the Goods in the Seller’s warehouse and the location of the delivery address. In cases of high workload, the Seller is entitled to set longer delivery times by publishing them on KAZANOVA.LV. The Buyer will be informed of the specific delivery date and time by sending information to the Buyer’s specified contact details.

6.3. The Buyer may place an order for Goods during the permitted alcohol sales hours; however, delivery is carried out only on business days between 10:00 and 20:00. The Seller’s delivery service provider will contact the Buyer to agree on a more precise delivery time.

6.4. If the order includes Goods containing alcohol, such delivered Goods may only be received by a person who has reached at least 18 years of age. The recipient of the Goods must present a passport or ID card to the delivery service provider upon request, confirming that the recipient is at least 18 years old. If, at the time of delivery, the recipient cannot present an identity document (passport or ID card), or if the recipient is under 18 years of age, all Goods included in the order shall remain with the delivery service provider and be returned to the Seller, and the Buyer shall be refunded the amount paid for the Goods (excluding delivery costs, which shall be retained from the paid amount as compensation for the failed delivery, in accordance with the procedure and time limits set out in Clause 5.7 of the TERMS).

6.5. If the Goods are delivered to the address specified by the Buyer at the agreed time, but there is no one present to receive the Goods, the delivery service provider shall contact the Buyer to agree on a new delivery time. The Seller shall make every effort to ensure delivery of the Buyer’s order at the agreed time; however, the Seller shall not be liable for partial or complete failure to comply with the delivery time if this occurs due to the Buyer’s actions or other unavoidable circumstances. If the Seller has attempted to deliver the Buyer’s order at the agreed time but must carry out a repeated delivery due to the Buyer’s fault, the Buyer may be required to pay an additional delivery fee.

6.6. The Seller delivers the Goods to the delivery address specified by the Buyer at the time of placing the order. The Goods shall be delivered to the main entrance of the delivery address. Upon the Buyer’s request/consent, the delivery service provider may carry the order into the delivery address (for example, carry it to a specific floor in an apartment building), provided that the delivery service provider considers such a request to be safe and feasible (for example, if it is possible to park the delivery vehicle in a free parking space). The Seller always reserves the right to deliver the order only to the main entrance of the delivery address.

6.7. At the time of receipt of the Goods, the Buyer is obliged to check the packaging of the delivered Goods and the conformity of the assortment with the order. If the delivered Goods do not correspond to the ordered Goods or if their packaging is damaged in a manner that affects the quality of the Goods, the Buyer may refuse the ordered Goods at the time of delivery and receive a refund of the price of the Goods in accordance with the procedure and time limits set out in Clause 5.7 of the TERMS. The delivery fee shall be refunded only if the Buyer refuses all ordered and delivered Goods due to the discrepancies mentioned herein. If the Buyer has accepted the Goods at the time of delivery, it shall be deemed that the Goods were delivered without damage to the Goods or their packaging and in accordance with the ordered assortment, and the Buyer shall have no claims against the Seller regarding the fulfillment of the order.

6.8. The Buyer is responsible for the accuracy of the delivery address and other delivery-related information. The Seller shall not be liable for cases where the Goods ordered by the Buyer are not delivered to the Buyer or are not delivered on time due to incorrectly or inaccurately provided information.

6.9. The Seller reserves the unilateral right to limit the quantity of Goods ordered by the Buyer or to refuse delivery of the Goods if the Buyer’s orders show signs of wholesale purchasing or if there are suspicions of such signs.

7. RIGHT OF WITHDRAWAL

7.1. Within 14 (fourteen) days from the date of receipt of the Goods, the Buyer, exercising the rights granted under the laws and regulations in force in the Republic of Latvia, is entitled to unilaterally withdraw from the Contract by submitting to the Seller an unequivocal written notice of the exercise of the right of withdrawal. The Buyer is not entitled to exercise the right of withdrawal in respect of food products and beverages or other goods intended for immediate household consumption whose shelf life is shorter than 14 days, or which the Seller frequently and regularly delivers to the Buyer’s place of residence, stay, or work.

7.2. The withdrawal period expires after 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, has acquired possession of the Goods.

7.3. The written notice of withdrawal, in free form, shall be sent by the Buyer to the Seller by email to: [email protected].

7.4. The withdrawal period shall be deemed to have been observed if the Buyer sends the notice of exercise of the right of withdrawal (Clause 7.1 of the TERMS) to the Seller before the expiry of the withdrawal period.

7.5. The Buyer bears the burden of proof of exercising the right of withdrawal.

7.6. When exercising the right of withdrawal by refusing the delivered Goods, the Buyer is obliged, without undue delay and no later than within 14 (fourteen) days from the date of sending the notice of exercise of the right of withdrawal, to send or hand over the Goods to the Seller at the store indicated by the Seller, as agreed between the Seller and the Buyer. The deadline shall be deemed to have been observed if the Goods are sent/handed back before the expiry of the 14-day period. This requirement shall not apply in cases where the Seller has offered to collect the Goods itself. The Buyer is responsible for all direct costs associated with returning the Goods to the Seller, unless the Seller has agreed to cover such costs.

7.7. The Seller shall, without undue delay and no later than within 14 days from the day it has received the Buyer’s notice of exercise of the right of withdrawal, refund to the Buyer the purchase price paid for the Goods, including the delivery costs paid by the Buyer, if the Seller has agreed to cover delivery costs. The Seller shall make the refund using the same means of payment as used by the Buyer, unless the Buyer has expressly agreed to a different means of payment and the Buyer does not incur any fees for the use of such means of payment. However, the Seller is entitled to withhold the refund of the amounts paid by the Buyer under the Contract until the Seller has received the Goods from the Buyer or the Buyer has provided the Seller with evidence that the Goods have been sent back, whichever occurs first. This right shall not apply in cases where the Seller has offered to collect the Goods itself.

7.8. When returning the Goods to the Seller, the Goods must be in their original primary packaging, unopened, undamaged, and within their expiry date. If the Buyer cannot ensure these requirements, the Seller shall not refund the Buyer for the returned Goods or the delivery costs.

7.9. The Buyer is responsible for any diminished value of the Goods resulting from handling the Goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the Goods. The Buyer shall not be responsible for any diminished value of the Goods if the Seller has failed to inform the Buyer of the right of withdrawal in the manner prescribed by the laws and regulations governing consumer rights protection.

7.10. The Buyer may not exercise the right of withdrawal in the cases provided for in Clause 22 of the Cabinet of Ministers Regulation No. 255 of 20 May 2014 on distance contracts, including, for example, if:

7.10.1. the provision of the service has been fully completed, where the performance began before the expiry of the withdrawal period, if the Buyer has expressly consented and acknowledged that the Buyer would lose the right of withdrawal from the day on which the contract for the provision of services is fully performed. This provision does not apply to contracts where the subject matter includes both goods and services;

7.10.2. the price of the Goods or services depends on fluctuations in the financial market which the Seller or the service provider cannot control and which may occur during the withdrawal period;

7.10.3. the Goods are manufactured according to the Buyer’s specifications or are clearly personalized;

7.10.4. the Goods are perishable or have a short expiry date;

7.10.5. the Buyer has opened the packaging of Goods which, for health or hygiene reasons, cannot be returned;

7.10.6. due to their nature, the Goods have become inseparably mixed with other items after delivery;

7.10.7. the Contract has been concluded for the delivery of an alcoholic beverage, the price of which was agreed at the time of conclusion of the Contract, where delivery may take place after 30 days and the value of the beverage depends on market fluctuations which the Seller cannot control, and in other similar cases.

8. RIGHT TO CANCEL THE ORDER

8.1. The Buyer has the right to cancel the order if the Seller has failed or is unable to meet the delivery time limits for the Goods, or if, in the event of unavailability of the Goods, the Seller is unable to offer the Buyer an acceptable equivalent or alternative product. If the Buyer cancels the order during the delivery of the Goods, the Buyer is nevertheless obliged to cover the delivery costs, while the Seller shall refund the price of the Goods in accordance with the procedure and time limits set out in Clause 5.7 of the TERMS.

9. DISPUTE RESOLUTION

9.1. If the Buyer considers that the Seller has violated the TERMS or other laws and regulations applicable to the transaction between the parties, and this has affected the Buyer’s ability to exercise their rights, the Buyer is entitled to submit their claims to the Seller in writing. In the event of a dispute, the Buyer may also submit an application to the Consumer Rights Protection Centre or bring the matter before a court.

10. MISCELLANEOUS PROVISIONS

10.1. The TERMS are prepared in accordance with, and any matters arising from or related thereto, including any matters related to the conclusion, validity, and termination of the Contract, shall be governed by the laws and regulations of the Republic of Latvia.

10.2. The Seller shall be liable to the Buyer only for direct damages incurred as a result of the Seller’s intentional culpable action or omission in failing to perform the obligations set out in the TERMS.

10.3. If any provision of the TERMS is deemed by a court or other competent authority to be inconsistent with applicable laws and regulations, this shall not affect the validity of the remaining provisions of the TERMS.

10.4. The Seller may unilaterally amend the TERMS and may also temporarily suspend or terminate online trading at any time. The Buyer shall be informed thereof without delay by publishing the relevant information on KAZANOVA.LV. Amendments to the TERMS shall enter into force from the moment of their publication on KAZANOVA.LV, unless the Seller has indicated a different effective date. The Buyer is obliged to familiarize themselves with the amendments made and to review the TERMS before placing each order for Goods. If, after the publication of amendments to the TERMS on KAZANOVA.LV, the Buyer places an order for Goods, it shall be deemed that the Buyer has familiarized themselves with and agreed to the amended TERMS.

10.5. Buyers and any other visitors to KAZANOVA.LV are strictly prohibited from:

10.5.1. copying, storing, archiving, or fully or partially republishing photographs published on KAZANOVA.LV, as well as republishing any information without reference to the source of the information;

10.5.2. using any automated means to access information on the KAZANOVA.LV server, or to collect, copy, or otherwise obtain data about other Buyers;

10.5.3. taking circumvention measures to avoid or restrict access to KAZANOVA.LV;

10.5.4. deliberately creating an unreasonable load on the IT infrastructure of KAZANOVA.LV or interfering with its proper operation;

10.5.5. posting information containing viruses or other technologies that harm the interests or property of KAZANOVA.LV or the Seller, or its users.

In the event of a breach of the above prohibitions, the Seller shall notify the competent authorities and reserves the right to deny further access to KAZANOVA.LV to any person suspected of violating these prohibitions.

10.6. The Contract shall remain in force until the complete fulfillment of the obligations of the parties arising from the Contract, except in cases where the TERMS provide for the right of the parties to unilaterally withdraw from the Contract.

11. DATA PROCESSING AND PROTECTION

11.1. The Seller informs that information regarding the processing of the Buyer’s personal data is available on KAZANOVA.LV in the Privacy Policy section.

12. CUSTOMER SERVICE

12.1. If you have any questions regarding shopping on KAZANOVA.LV, please contact us during business hours from 10:00 to 17:00 by phone at (+371) 28 00 88 24 or by email at [email protected].

12.2. We send all notifications and communicate with you using the email address or telephone number provided in your registration form, unless, when placing a specific order, the Buyer has expressly requested that a different email address or telephone number be used for communication; in such case, this information shall be used solely for the purpose of fulfilling that specific order.