Distance Contract

This Distance Contract is concluded betweeen SIA ELKS AK, registration No 49502002122, legal address: "Pīlēns", Nītaure, Nītaures pag., Cēsu nov., LV-4112, an owner of the website www.archeryanimals.com (hereinafter- the Website), (hereinafter - the Seller), and the Customer who places an order and purchase through the Website (hereinafter – the Distance Contrcat). The Distance Contract applies only to orders and purchases via the Website. The Distance Contract doesn’t apply to purchases that the Customer has effected in person .

1 The Subject of the Distance Contract

1.1 The Customer orders, purchases and pays and the Seller sales and delivers archery products, including 3D targets, shields and other goods offered in the (hereinafter – the Goods) according to the terms and conditions of the Distance Contract.

2 Order, Delivery and Payment for the Goods

2.1 The Customer orders the Goods by completing the respective order form at the Website and confirms it by pressing the respective button. By placing the order the Customer undertakes to provide accurate data about himself, i.e. name, surname, delivery address and contact information. In case of any changes, no later than within 24 hours from receipt of order’s acceptance notice the Customer undertakes to inform the Seller in writing to the e-mail at [email protected]. If the Customer doesn’t receive the order’s acceptance notice it means that the order has not received and this Distance Contract has not came into force.

2.2 The order of the Goods shall be treated as the Customer’s offer to conclude this Distance Contract regarding the purchase of the ordered Goods and the Seller’s acceptance to sell these Goods for the price listed at the Website. The stated price includes VAT but does not include shipping costs. After the placement of the order, the Customer shall receive the Seller’s confirmation for the order’s acceptance and the initiation of processing.

2.3 The Seller, as soon as possible, but no later than within 10 working days, prepares and sends to the e-mail address specified by the Customer a pro-forma invoice for the Goods ordered by the Customer, separately indicating the shipping costs of the ordered Goods, which will be calculated taking into consideration the delivery region and the Goods dimensions and weight. If for some reason it is impossible to fulfill the order in whole or in part, the Seller informs the Customer accordingly and agrees on further action - cancellation, amendment or otherwise.

2.4 The pro-forma invoice is considered as the Seller's offer to the Customer to deliver the Goods specified in the pro-forma invoice and the address specified by the Customer in one or more shipments in accordance with the delivery terms specified in the pro-forma invoice. The said offer is valid until the due date of the pro-forma invoice specified therein. If the pro-forma invoice is not paid by the due date, it is considered canceled.

2.5  The Customer’s consent to purchase the ordered Goods at the price and quantity and on the terms of delivery specified in the pro-forma invoice is confirmed by the full payment of the pro-forma invoice. The day when the money is received in the Seller's bank account is considered the day of the settlement of the payment.

2.6 The Seller usually collects and dispatches the Goods within 5 (five) working days, however, the Seller reserves the right to dispatch the Goods later if the Goods are not available in the warehouse or dispatch is not possible due to the fault of the carrier. The Seller shall inform the Customer accordingly.

2.7 The Seller delivers the Goods to the address indicated by the Customer at his own choice or through a third party, for example, via the carrier. The Goods are considered delivered when they has been received by the Customer or his authorized person. If the Customer has ordered several Goods in one order, which are delivered separately, the order is considered fulfilled on the day when the Customer has received the last pice of the Goods according to the chosen delivery method. The Seller does not take responsibility for delays in the delivery of the Goods or other difficulties that have arisen as a result of the actions of the carrier company.

2.8 Upon receipt of the Goods, the Customer is obliged to make sure that it corresponds to the order (product name, number and other relevant parameters) and is not damaged.

2.9 In the event that the Customer has received a damaged Good or in a different complectation than ordered, the Customer shall immediately, but no later than within 24 (twenty-four) hours, notify the Seller in writing to the e-mail address [email protected]. After receiving the notification, the Seller will contact the Customer to resolve the situation. The Customer must keep the Good's packaging.

3 Rights of Withdrawal

3.1  The Customer, who is considered a consumer (natural person) according to the laws and regulations of the Republic of Latvia, can use the legal right of withdrawal and return the Goods within 14 (fourteen) calendar days from the moment of receipt of the Goods by sending a Letter of Withdrawal to the Seller. The procedure for using the right of withdrawal and the Letter of Withdrawal form can be found here šeit.

3.2 The Customer shall return (deliver by hands or by carrier) the Goods mentioned in the Letter of Withdrawal to the Seller within 14 (fourteen) calendar days from the moment of exercising the right of withdrawal, i.e. from the moment when the Customer has sent a completed Letter of Withdrawal to the Seller. The Customer shall cover all expenses in relation to the return of the Goods according to the right of withdrawal.

3.3 If the Customer wants to use the right of withdrawal, the following recommendations and conditions should be taken into account:

3.3.1  The returned Good shall not be used, except in the cases and to the extent specified in the regulatory acts of the Republic of Latvia. The customer is responsible for the decrease in the value of the Good, if the Good is used for a purpose other than to determine the nature, characteristics and operation of the Good.  

3.3.2 The Customer shall keep and not damage the original packaging of the Good, if any, and to return the Good in its original packaging.

3.3.3 The Customer is responsible for maintaining the quality and safety of the Good during the period of exercising the right of withdrawal.

3.4 The Customer shall keep the Goods delivery documents for the receipt of the Goods and for the return of the Goods to the Seller.

3.5 The Seller transfers the money for the returned Good and its delivery costs back to the bank account from which the payment of the pro-forma invoice was received within 14 (fourteen) calendar days from the moment when the Seller received the Letter of Withdrawal from the Customer.

3.6 The Seller has the right to withhold the refund of the amount paid by the Customer in accordance with the Distance Contract until the Seller has received the Good or the Customer has submitted to the Seller a confirmation that the Good has been returned, depending on which action has been taken earlier. This right does not apply to cases where the Seller itself has offered to take the Good back from the Customer.

4 The Procedure for Resolving Disputes

4.1 All disputes and disagreements related to the Distance contract are resolved in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia and Cabinet of Ministers regulations No. 631 „The procedure for applying and considering a consumer's claim for a product or service that does not comply with the terms of the contract”.  

4.2 Claims shall be submitted electronically by sending an e-mail to [email protected] or in writing to the Seller's legal address.

4.3 If the Seller recognizes the Customer's complaint as unreasonable and the Customer does not agree with it, then the Customer has the right to use the alternative dispute resolving options provided for in the laws and regulations by submitting a written application to the Seller for out-of-court dispute resolving, indicating the name, surname, contact information, date of submission of the application, as well as the nature of the dispute, claims and their ground. Additional information on out-of-court dispute resolving options:

4.4 If no agreement is reached between the parties and out-of-court dispute resolving options are not used, the dispute shall be referred to the court of the Republic of Latvia for consideration in accordance with the laws and regulations of the Republic of Latvia.

4.5 Within 24 months from the day of delivery of the Good, the Customer has the right, as defined in the laws of the Republic of Latvia, to file a claim for a good or service that does not comply with the terms and conditions of the Distance Contract.

5 Other Provisions

5.1 The Cusomar can find detailed information about what a distance contract is and the right of withdrawal at the following website address: http://www.ptac.gov.lv

5.2 By completing the necessary information and placing an order, the Customer confirms that he is familiar with and agrees that the information provided by him is used so that the Seller can accept the Customer's order and deliver the Goods in accordance with the requirements of regulatory acts. The Customer is responsible for providing the correct data, otherwise the delivery of the Goods is not guaranteed. Personal data related to the delivery of the Goods are transferred to a third party - the company providing the delivery (postal service), as far as it is necessary to ensure the delivery of the Goods. By filling information, the Customer agrees that notifications related to the processing of the Customer’s order will be sent to the specified e-mail address. The Customer can find the detailed information on the processing of personal data in the Privacy policy section of this website.

5.3 This Distance Contract is concluded in accordance with the laws and regulations of the Republic of Latvia.  The Customer confirms that he is familiar with the terms and conditions of this Distance Contract and undertakes to observe and fulfill them.

5.4 The Customer is informed that the Seller has the right to unilaterally amend the terms and conditions of this Distance Contract at any time.

5.5 The Distance Contract is considered terminated when the Customer has received the Goods and has not used his rights specified in clauses 3.1 and 3.2 of the Distance Contract within the respective period.

Note. This is a translation of the Distance Contract originally adopted in Latvian. In the case of discrepancies between English and Latvian, the wording in Latvian shall prevail.