Terms of sale
TERMS OF SALE FOR RETAIL CUSTOMERS
BY SUBMITTING AN ORDER, THE RETAIL CUSTOMER AGREES TO BE BOUNDED BY AND ACCEPTS THESE TERMS OF SALE.
- 1. DEFINITIONS
- 2. GENERAL
- 3. ORDERS AND USE OF PERSONAL INFORMATION
- 4. PRICES AND PAYMENT
- 5. REJECTION OF GOODS
- 6. DELIVERY
- 7. LIMITATION OF LIABILITY, FORCE MAJEURE
- 8. INTELLECTUAL PROPERTY
- 9. GOVERNING LAW
In this document the following words shall have the following meanings:
1.1. “Agreement” means these Terms of Sale together with the terms of any applicable purchase Order concluded between SKARULE IK and the Customer, any additions or amendments thereto and all juridical and other acts performed in preparation or execution of such contract;
1.2. “Customer” means the organization or individual person who buys Goods from the Seller SKARULE IK;
1.3. “Goods” means the articles to be supplied to the Customer by the Seller that are the subject of a Purchase Order;
1.4. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5. “Order” means a legally binding document created by the Customer and presented to the Seller.
1.6. “Seller” means SKARULE IK, legal address: Volguntes 33A-10, Riga, Latvia, LV-1046, office address: SKARULE STUDIO, Kronvalda Bulvaris 4, Riga, Latvia, LV-1010, e-mail: firstname.lastname@example.org.
2.1. These Terms of Sale for retail Customers, hereinafter referred to as the “Terms of Sale” of SKARULE IK, hereinafter referred to as “SKARULE”, are applicable to all offers of SKARULE and to all orders and contracts with SKARULE.
2.3. Acceptance of sales Order Confirmation or pro forma invoice of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Terms of Sale.
2.4. The Customer’s general terms and conditions are applicable only if and to the extent that SKARULE has accepted them expressly and has conﬁrmed this acceptance to the Customer in writing.
3. ORDERS AND USE OF PERSONAL INFORMATION
3.1. No order submitted by the Customer shall be deemed to be accepted by the SKARULE unless and until confirmed by the SKARULE.
3.2. Before submitting the Order the Customer will be given the opportunity to review and amend the order. Customers are asked to ensure that they checked the order and have read these Terms of Sale carefully before submitting the order as once submitted Customer will not be able to make changes to it.
3.3. All speciﬁcations by SKARULE relating to numbers, weights, colors, parts, measures and/or other product (Good) speciﬁcations are made with due care. SKARULE does not guarantee, however, that there can be no deviations from such speciﬁcations and for this reason, the Customer cannot rely upon the above product (Good) speciﬁcations. Any models, samples or drawings that have been shown or provided are meant only as illustrations of the relevant products (Goods).
3.4. Orders are not binding for SKARULE before the Customer has received a written or electronic Order Confirmation from SKARULE. Once confirmed in writing, orders cannot be canceled, totally or partially, by the Customer, who commits to accept the delivery, and to pay the price as stipulated in the Order Confirmation document, henceforth Order Confirmation, provided to the Customer by SKARULE before the Order Confirmation in writing by the Customer. The Order is for the sole benefit of the Customer and cannot be assigned to any other party, meaning the buyers rights and obligations as stipulated in this Agreement cannot be allowed to another party without explicit consent by a legal representative of SKARULE before the Customer closes on the ordered Goods.
3.5. No changes or variations of the Order shall be effective unless agreed in writing between the parties.
3.6. Customer can order personalized Goods, in such case Customer may lose right to cancel Order as it may be the case that SKARULE is unable to resell such Goods due to the personalization. SKARULE cannot accept the return of any personalized goods if the return is due to incorrect information provided by the Customer.
3.7. In order to contract with SKARULE Customer must be over 16 years of age and possess a valid credit or debit card and/or availability to use other payment methods accepted by SKARULE specified in section 4 of these Terms of Sale. If your order is accepted, we will inform you by email. When placing an order Customer undertakes that all details provided are true and accurate, that you are an authorized user of the credit card, debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the Goods and you are legally capable of entering into binding contracts and you are not impersonating any other person or entity.
3.8. The Goods sold by SKARULE are not for re-sale or distribution and any total or partial reproduction of the Goods, modification or use of trademarks, illustrations, images, etc. is strictly prohibited. SKARULE reserves the right to cancel orders and/or suspend accounts where SKARULE believes products are being ordered in breach of this provision.
3.9. The Customer accepts that all communication regarding the order including Order Confirmation, invoice, shipping information, confirmation of the contract conclusion, etc. is done via e-mail.
4. PRICES AND PAYMENTS
4.1. All wholesale prices quoted by SKARULE are net of all discounts and include Value Added Tax (VAT), exclusive of any other taxes and/or levies and delivery costs and are based on prices charged to SKARULE by its suppliers, the cost of transport, and conforming to statutory obligations ruling at the date of quotation or order. Delivery costs will be set out at ‘Checkout’. The prices of the Goods offered may be quoted in euros or another currency.
4.2. The data of the payment method that the Customer wishes to use for payment should be provided to SKARULE when placing an order on the website www.skarule.com. To ensure that your credit, debit or charge card is not being used without your consent, SKARULE will validate the name, address and other personal information supplied by the Customer during the order process against appropriate third-party databases. The Customer authorizes SKARULE to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
4.3. For security reasons:
All payments are done outside of SKARULE's online store in a payment service provider secure environment. SKARULE does not have access to the Customer’s bank or credit data;
SKARULE is using 3D Secure Visa and Mastercard;
SKARULE do not store any payment information in our database for security reasons.
4.4. SKARULE may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made through web site www.skarule.com.The conditions of potential use relating to any discount code will be specified at the time of issue.
4.5. All payments must be made into SKARULE bank account or via available payment methods and in currency to be speciﬁed by the pre-filled payment order stating the amount due.
4.6. SKARULE takes steps to ensure compliance with global sanctions programs - United Nations, OFAC, European Council restrictive measures, etc. The Customer undertakes that the Customer’s use of SKARULE will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies/institutions regarding imposed global sanctions worldwide/local.
5. RETURNS POLICY
5.1. The Customer shall be entitled to reject the Goods only if they are damaged or defective. The private Customer shall be entitled to reject the Goods from this Agreement within 14 days from receipt of the Goods without giving any reason. All requests concerning defected articles or withdrawal rights will be refused 14 days after the delivery date.
5.2. Any goods which the Customer wishes to reject can be returned to SKARULE only in accordance with the SKARULE Returns policy. No claim will be entertained outside this Returns policy, and neither if the Goods have been put through any process after delivery, nor if any attempt has been made to alter or repair the Goods.
5.3. To exercise the right of rejection of goods, the Customer must inform SKARULE STUDIO, office address: Kronvalda bulvaris 4, Riga, Latvia, LV-1010, e-mail: email@example.com of such decision before returning any Goods. SKARULE will receipt of the withdrawal application with a notice sent to the Client.
5.4. We can only accept returns purchased through this website skarule.com due to merchandising restrictions, all returns must be shipped from the same country they were purchased from. Customers will have to bear the direct cost of returning the Goods.
5.5. The Customer must return the unused and unworn Goods, the object of the return, with their packaging bags correctly closed, bar codes and tags, fulfilled return sheet and a copy of the invoice. Any Good received without the above-mentioned elements will not be accepted.
5.6. The Customer must return Goods without undue delay and in any event not later than 14 days from the day on which you inform about your withdrawal from this Agreement to Skarule.
5.7. In case the Customer wants an exchange or replacement of the Goods, the Customer must fill in the return sheet included with the Goods and invoice. In case of exchanging or replacement of the product, the Client will carry all expenses directly related to returning the product, unless the product returned does not correspond to what was ordered. In any case, customized or personalized products (pre-order products), jewelry, undergarments, and swimwear cannot be returned.
5.8. If the product returned to SKARULE is not possible to be exchanged due to not having the size the Customer requested, SKARULE will inform the Customer via provided e-mail.
5.9. The Customer shall follow the instructions below when packing and sending an item for return in order to properly process the Customer return:
The item for return should be in its original packaging with its packaging bags correctly closed, bar codes and tags, including fulfilled return sheet (included within shipment to the Customer), and a copy of the invoice.
The item for return should be packed carefully so that it will not be damaged during the shipping process.
SKARULE recommends using a secure delivery method such as courier or registered post to send the item. The return costs shall be borne by the Customer. SKARULE is not responsible for items lost in transit and a return cannot be processed until the item is received.
All returns should be sent to the following address:
Kronvalda Bulvaris 4
Riga, Latvia, LV-1010
5.10. Once the Good is returned in accordance with the above and received at SKARULE’S office, the team issues and sends a confirmation to the Customer’s e-mail, related to the total of the sun of the Goods that have been returned. SKARULE will make the refund to the same account from where the payment was received.
5.11. Where SKARULE agrees to the return of non-defective items, the Customer will pay all charges relating to the transportation of such items back to SKARULE.
5.12. The Customer may return the goods if the Goods do not meet the standard quality requirements. The Customer will have the right to contact SKARULE who will approve or refuse the refund request or will be in charge of proposing to the Customer an alternative compensation (exchange or credit granted on the next invoice).
5.13. SKARULE reserves the right to refuse any Goods which would not be returned within 14 working days from the date of reception of the order.
6.1. The Customer agrees to pay delivery costs of the Goods from the premises of SKARULE to the Customer’s specified address and chosen method of the delivery. Confirmed orders usually are shipped within 3-10 working days from receipt of the ORDER CONFIRMATION.
6.2. Delivery time and the delivery fee depends on the region to which the Goods are delivered. SKARULE do our best to find out fast and safe delivery of Customer’s Orders, delays are possible due to the COVID-19 situation.
6.3. With the shipment of the Goods, the Customer will receive a Tracking Number in Customer specified e-mail.
6.4. All delivery of the Goods ordered in the ORDER CONFIRMATION concluded between the Customer and SKARULE are subject to Ex Works terms as further defined in the Incoterms 2010, published by the International Chamber of Commerce. Following these terms, SKARULE makes the Goods available to be collected at the premises of SKARULE, and the Customer is responsible for all other risks, transportation costs, taxes and duties from that point onwards.
7. LIMITATION OF LIABILITY, FORCE MAJEURE
7.1. SKARULE is liable under the general rules of Latvian law. However, SKARULE cannot be held liable for the Customer’s indirect losses, including – but not limited to – loss of business, loss of profits, loss of goodwill or any other incidental loss.
7.2. SKARULE’s liability is any event limited to the value of the goods supplied.
7.3. SKARULE cannot be held liable if the failure to fulfill its obligations is due to a reason beyond SKARULE’s control, such as strikes, lOrder Confirmationk-outs, export or import bans, embargos, delayed or inadequate delivery of materials from subcontractors, unexpected stop of production, lack of energy resources or transport, hacker attacks, unforeseen downtime on systems, seizures, the act of war, critical weather conditions, a pandemic or wave of coronavirus, or for any reason beyond the control of the Parties.
8. INTELLECTUAL PROPERTY
8.1. SKARULE has the exclusive right to all copyrights, design rights, trademark rights, and other intellectual property rights (registered as well as non-registered) that are used, created, or contained in or arising as a result of or in connection with the delivery of SKARULE’s goods, including all copyrights, design rights, trademark rights and other intellectual property rights (registered as well as non-registered) in text, images, sound, software and other materials on the site www.skarule.com.
8.2. The Customers are permitted to browse the site www.skarule.com and to reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people but, in all cases, for non-commercial, informational, and personal purposes only. No reproduction of any part of the site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including postings to any other site. No other license or right is granted to the Customer.
8.3. SKARULE trademark, illustrations, images, and logos appearing on the Goods, their accessories, and their packaging, whether deposited or not, is and will remain the exclusive property of SKARULE.
8.4. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, etc. is strictly prohibited.
8.5. For the avoidance of doubt, any reproduction of logos, for any reason and on any medium whatsoever, without the express prior agreement of the SKARULE, is also strictly forbidden. The same applies to any copyright, design, and model rights that are the property of SKARULE.
9. GOVERNING LAW
9.1. Trade between the parties is subject to Latvian law. This Agreement shall be governed by and construed in accordance with the law of Latvia and the parties hereby submit to the exclusive jurisdiction of the Latvian courts.