1. GENERAL AGREEMENT
Munio Spa LTD (Latvia), registration Nr.40103292151, address: Andrejostas street 17, LV-1045, Riga, Latvia, hereinafter referred to as MUNIO SPA provides the content and services available on www.muniocandela.eu, hereinafter referred to as Site to you subject to the following terms and conditions, our Delivery Policy, Returns Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively - Terms and Conditions). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Where the customer purchases MUNIO CANDELA products offered for sale on www.muniocandela.eu Website, hereinafter referred to as Goods, via the Internet, this mutual agreement shall be deemed a Distance Contract and will be subject to legal norms governing distance contracts, including but not limited to Directive No. 97/7/EEC of the European Parliament and of the Councilon the protection of consumers in respect of distance contracts, Consumer Rights Protection Law of the Republic of Latvia, Cabinet Regulation of the Republic of Latvian on Distance Contracts.
MUNIO SPA protects the fundamental rights and freedoms of natural persons, especially respect for privacy, in relation to the processing of personal data of natural persons according to Directive No. 95/46/EC of the European Parliament and of the Councilon the protection of individuals with regard to the processing of personal data and of the free movement of such data and the Law on the Protection of Personal Data of Natural Persons of the Republic of Latvia.
MUNIO SPA obtains personal data of the customer as this is necessary to provide the customer with the best service level. This enables to provide the customer with adequate access to MUNIO CANDELA Goods and to turn his/her attention to categories of goods that the consumer is most interested in. Your personal data helps us inform you about new products, sell-outs and events you may be interested in. Using Site pages you may order goods, make requests, and apply for newsletters on new goods, sell-outs etc. In order to process your request, we require the consumer to provide the following information: customer's name, email address, phone number etc. MUNIO SPA does not request and does not process sensitive personal data.
MUNIO SPA never uses and shares the information obtained from you online. MUNIO SPA does not sell and lease consumer contact information to other market participants.
The information provided by the consumer helps us provide our services, process consumer requests, deliver goods and provide you with support.
MUNIO SPA is under obligation to disclose personal data to state and municipal officials in cases provided for by law. We will be forced to disclose personal data of the consumer in cases where the law so requires.
MUNIO SPA takes all possible measures to ensure the safety of your personal information and to protect it against theft, loss, malicious use as well as unauthorised access, disclosure, modification and damage thereof.
If the customer who has ordered and bought the product online does not have legal capacity and/or legal capacity to act, the lawful representative of this person (e.g., parents, guardians) shall be responsible for the ordering and the payment for the product. In this event, the order shall not be cancelled and the payment effected shall not be returned.
The consumer agrees that his/her personal data will be subject to processing.
3. PURPOSE OF THE SITE
This site is created and maintained by MUNIO SPA. Site is built to work efficiently as a business to customer communication platform, online sales platform for MUNIO CANDELA products as well as information source for all product and company related information.
4. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the services or samples thereof, you receive from us. MUNIO SPA reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
5. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. If the product related information (description, colors, etc.) has changed, MUNIO SPA cannot guarantee that at any given moment data posted on the webpage contains all the latest updates.
6. INTELLECTUAL PROPERTY
All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of MUNIO SPA, our affiliates, partners or licensors, and is protected by Republic of Latvia laws and other international lawsgoverning intellectual property protection, including laws governing copyrights and trademarks. Our trademarks may not be used in any manner for any purpose without our express written consent.
The Goods – the MUNIO CANDELA PRODUCTS sold by MUNIO SPA are not food products and cannot be used as food. MUNIO SPA has taken the steps required to ensure that the products sold by it, hereinafter referred to as Goods, cannot be mistaken in their design, and in particular in their form, scent, colour, appearance, packing, labelling, volume or size, for a food product and does not pose a risk to consumer health and safety.
To find out more about the variety of Goods, their characteristics and prices, special offers and their duration click here.
8. PAYMENT POLICY
MUNIO SPA LTD receives payment with VISA-Dankort, VISA, VISA Electron, Mastercard and JCB. Payment will only be captured from your account after the item is shipped. All amounts are in EUR. MUNIO SPA LTD uses an approved payment server that encrypts all your card details with SSL (Secure Socket Layer) protocol. This means that you cannot read your information.
There is a 2 year warranty under the Buying Act. Our warranty applies to errors in material and / or fabrication.
10. PRICING POLICY
Prices on www.muniocandela.eu are all in EUR. Although we try to always keep our prices updated we cannot guarantee that the prices displayed at the time you submit your order are the correct prices applicable to the products at that time. If we receive an order from you indicating different price than that on the website at that time, we will contact you and offer a chance to cancel your order. If we fail to contact you on short notice, your order will automatically be treated as cancelled and you will receive a full refund of any payments made with regard to the particular order.
All prices are subject to VAT tax or other sales taxes where applicable. Depending on delivery destination your order may be subject to additional shipping charges which will be clearly indicated before you have to submit they payment and included in the total order cost.
All duties and taxes required to be paid to receive the shipment in your delivery destination are to be paid by You. MUNIO SPA is not required to inform you about any such duties or taxes at any time before or after you have placed an order on www.muniocandela.eu.
All our deliveries are handled with proven track record of reliability and speed. We ask you to review our product DELIVERY to find out arrangement of delivery and execution and to understand the terms of free delivery and additional delivery charges. We usually dispatch all our orders within 1-3 business days. Should any unforeseen delay occur, you will be notified within 1 working day of placing your order. We will SHIP FREE all orders over 70USD to the United States and Canada, and over 50EUR to all EU countries. Please be aware that customers are responsible for payment of any local customs duties. We are not required to inform customers of such additional costs and are not required to refund such costs to the customer. You can track your order using your tracking number and the link on your dispatch confirmation email.
12. RETURNS AND REFUNDS
All returns and exchanges can be done within 14 days of receiving your order. You can exchange your purchase with a different item of the same value or have a full refund less the shipping cost. The returned/exchanged item(s) should be in the same condition i.e in its original packaging with all original tags attached. You may exchange an item only once. The customer covers all related return and exchange shipping or customs fees. To expedite your returns/exchanges, please contact us via firstname.lastname@example.org, state your order number, the purchase date and reasons for the return/exchange. We do not take responsibility for any items lost during the return shipping. If you do not contact us before returning the item, you run the risk of not receiving your refund or exchange. There is a no refund policy during a sale unless there is a defect or any damage to the purchased item. If your product is damaged, please contact us at email@example.com, state your order number, description of the issue and a photo of the product. We will either process a refund or ship a replacement. If you haven't received your order or have received incorrect item please contact us at firstname.lastname@example.org
13. USER RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to MUNIO SPA, our affiliates, partners or licensors.
14. THIRD PARTY LINKS
We are not responsible for the content of any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.
15. LIMITATION OF LIABILITY
You agree that, fully according to applicable law, MUNIO SPA will not be responsible or liable (whether in contract, negligence or otherwise), under any circumstances, for any interruption or error occurring from your use of the Site.
You agree that, fully according to applicable law, MUNIO SPA will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
MUNIO SPA will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use thereof (or inability to use the site) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
16. COPYRIGHT COMPLAINTS
MUNIO SPA LTD, SIA 2008-2019. All Rights Reserved.
All contents of this Site, correspondence (email or postal) as well as marketing materials used to promote the site on third party resources are property of MUNIO SPA. Reproduction or republishing of any part or all of contents is prohibited except for the following purposes:
Licence to copy for private use:
You are free to make copies or print parts of contents for reasonable personal use.
Licence to copy or republish for limited use:
You are free to make copies of the material in print as well as digital for third party to use, only if you identify MUNIO CANDELA Site as the source of the contents and materials adding a top level URL ( http://www.muniocandela.eu ) to any of these copies which are republished. Also you have to inform any third party that you share these copies with, that in the event of republishing any such copies the source for all the materials should be indicated as MUNIO CANDELA Site, with a top level URL ( http://www.muniocandela.eu).
You agree to indemnify, defend and protect us from any harm, losses, damages or costs as well as attorney fees resulting from any third party claim, action or demand resulting from your breach of these terms and conditions, any errors in any of your representations or warranties or your use of this site.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Republic of Latvia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Latvia.
The agreeing parties acknowledge here that they will try to settle any disputesrelating in any way to your visit to the Site orarising from execution, interpretation or termination of this Distance agreement through mutual negotiations.
If parties are unable to settle the arising disputes through peaceful mutual negotiations, all disputes, disagreements or claims shall be settled by courts of the Republic of Latvia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
The parties have agreed on the venue and procedure for dispute resolution according to the provisions of Regulation No. 953/2008 of the European Parliament on the law applicable to contractual obligations (Rome I).
Should there arise a dispute between MUNIO SPA and the consumer as to whether the provisions of the contract made between them are unfair, either party may turn to the court referred to in this Section, and the consumer is also entitled to turn to the Customer Rights Protection Centre situated at Kr. Valdemāra iela 157, Riga, LV-1013, Latvia.
Should there arise a dispute between MUNIO SPA and the consumer as to the protection of data of natural persons, either party may turn to the court referred to in this Section, and the consumer is also entitled to turn to the State Data Inspection situated at Blaumaņa iela 11/13-15, Riga, LV-1011, Latvia.
19. CONSENT TO RECEIVE NOTICES VIA EMAIL
By accepting these Terms and Conditions you consent to receive notifications, agreements, order updates and other communications (collectively „notifications”) from us electronically via e-mail or by postal service. You agree that any notifications sent to you via e-mail or postal services comply with rules and regulations applicable to such communication in writing. If you do not agree to receive notification from this Site, please discontinue the use of the website and its services as MUNIO SPA can not provide full service to users that can not receive notifications from the Site.
Please note that notifications mentioned in this section are not related to any elective marketing information that you can consent to receive electively throughout the Site.
You agree that these Terms and Conditions represent the complete and up to date agreement between You and MUNIO SPA, regarding your use of this Site and any of its contents.
MUNIO SPA has the right to edit and update these terms at any time posting these changes on the Site and indicating any such change by posting a date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. You agree that by continuing to use the site after any such changes have been applied constitutes your agreement to all changes. MUNIO SPA reserves the right to terminate or withdraw any rights granted by these terms and conditions. You are required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing all use of this site.
No part of these terms should be interpreted as creating any kind of partnership or other form of joint venture between you and MUNIO SPA. An occasion where MUNIO SPA fails to enforce your performance according to these terms and conditions shall not affect our full right to require such performance at any time before or after. In the event where any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these terms and conditions invalid or inapplicable as a whole. In turn these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as was intended in original terms and conditions.
21. FORCE MAJEURE
MUNIO SPA shall not be held responsible for any delays, failures to fulfil obligation or any other failures that occurred due to circumstances and obstacles that are beyond our reasonable control, which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues as well as hardware and software malfunction. In the event that any such force majeure occurs we will try to eliminate the delays in the shortest time possible.