Terms of Service

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. 1. Definitions
2. 2. General Information
3. 3. Orders
4. 4. Use of Personal Information and Data
5. 5. Prices and Payment
6. 6. Return Policy
7. 7. Delivery
8. 8. Limitation of Liability
9. 9. Force Majeure
10. 10. Intellectual Property
11. 11. Dispute Resolution
12. 12. Applicable Law
13. 13. Privacy Policy
14. 14. Complaints and Claims
15. 15. Guarantees

1. Definitions

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 the Seller SKARULE 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 who buys Goods from the Seller;

1.3. “Goods” means the articles to be supplied to the Customer by the SKARULE 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 globally enforceable;

1.5. “Order” means a legally binding document created by the Customer and presented to the Seller.

1.6. “Seller” means MEANWHILE TIME FLIES SIA (“SKARULE”), legal address: Marijas iela 13 k7, Riga, Latvia, LV-1050, office address: SKARULE STUDIO, Marijas iela 13 k7, Riga, Latvia, LV-1050, e-mail: info@skarule.com.

2. General Information

2.1. These Terms of Sale for 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.

2.2. These Terms of Sale are available on request by email from SKARULE or can be viewed online at www.skarule.com. Terms of Sale refer to the following additional terms and conditions which also apply to Customer purchase of the Goods – Privacy and Cookie Policy available online at www.skarule.com. SKARULE reserves the right to amend the Terms of Sale and any additional terms and conditions from time to time without directly notifying previous Customers.

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

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.

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. Use of Personal Information and Data

4.1. By placing an order, the Customer consents to the collection, use, and processing of your personal information as outlined in our Privacy Policy. SKARULE is committed to ensuring the security and confidentiality of the personal information in accordance with the General Data Protection Regulation (GDPR).

4.2. Personal data collected during the ordering process will be used for the purpose of fulfilling the order, processing payments, and providing customer service. For detailed information on how SKARULE collects, uses, stores, and protects Customer’s personal information, please refer to the Privacy Policy.

4.3. Customers personal data is only used for the purpose of processing the order, improving services, and, if Customer has opted in, for marketing communications. SKARULE will not share personal information with third parties except as necessary to fulfil the order (e.g. payment processors, delivery services) or as required by law. SKARULE retains any personal information only for as long as it is necessary to fulfill the purpose for which it was collected and to comply with applicable laws.

4.4. Under the GDPR Customer has the right to access, correct, and delete their personal information, as well as the right to restrict or object to its processing. If Customer wishes to exercise any of these rights, please contact SKARULE at: info@skarule.com.

5. Prices and Payments

5.1. All wholesale prices quoted by SKARULE are net prices and include Value Added Tax (VAT) in accordance with Latvian law. Prices are exclusive of any other applicable taxes, levies, and delivery costs. These prices are based on SKARULE supplier charges, transportation costs, and compliance with statutory obligations in effect at the date of the quotation or order. Any additional taxes, levies, or delivery costs will be set out at ‘Checkout’ based on the chosen delivery method and destination. Prices for the Goods may be quoted in euros or another specified currency.

5.2. 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 the credit, debit or prepaid card is not being used without 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, the debit or credit card numbers or credit reports to authenticate Customer’s identity, validate the credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

5.3. 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 does not store any payment information in database for security reasons.

5.4. 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.

5.5. 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.

5.6. SKARULE takes steps to ensure compliance with global sanctions programs including but not limited to those administered by the United Nations, the OFAC, and the European Council. The Customer undertakes that their 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.

5.7. The Customer agrees to use SKARULE in compliance with all applicable laws and regulations, and SKARULE reserves the right to terminate any order or service if it is found to be in violation of any applicable law or regulation.

6. Return Policy

6.1. The Customer shall be entitled to reject the Goods only if they are damaged or defective. The 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.

6.2. 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.

6.3. To exercise the right of rejection of goods, the Customer must inform SKARULE STUDIO, office address: Marijas iela 13 k7, Riga, Latvia, LV-1050, e-mail: info@skarule.com of such decision before returning any Goods. SKARULE will receipt of the withdrawal application with a notice sent to the Client.

6.4. SKARULE can only accept returns purchased through the website www.skarule.com due to merchandising restrictions, and 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.

6.5. The Customer must return Goods without undue delay and in any event not later than 14 days from the day on which Customer has informed about the withdrawal from this Agreement to SKARULE.

6.6. 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 copy of 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.

6.7. 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 and agree on return policy. 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 Goods received without the above-mentioned elements will not be accepted. 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 responsible for items lost in transit during returns initiated due to withdrawal rights until proof of delivery is received. Once the proof of delivery is confirmed, responsibility for the returned items transfers to the Customer.

All returns should be sent to the following address:
SKARULE STUDIO
Marijas iela 13 k7,
Riga, Latvia, LV-1050

6.8. Once the Goods are 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 sum of the Goods that have been returned. SKARULE will make the refund to the same account from where the payment was received.

6.9. 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.

6.10. 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).

6.11. 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.

7. Delivery

7.1. 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.

7.2. Delivery time and the delivery fee depend on the address to which the Goods are delivered. While SKARULE promises to ensure fast and safe delivery of Customer’s Orders, there may be occasions where delays occur. Such delays can arise during peak seasons (e.g., holidays, sales) due to a higher volume of orders or when items are out of stock. Additionally, delivery times for customized items may also be longer due to the nature of production. SKARULE commits to communicating any potential delays to customers as soon as they are recognized.

7.3. With the shipment of the Goods, the Customer will receive a Tracking Number in Customer specified e-mail.

7.4. SKARULE provides that the cost of delivery, applicable taxes, and duties are not included in the listed product price. These costs will be calculated at the time of checkout based on the delivery method selected and the destination provided by the Customer. The Customer is responsible for all transportation costs, as well as any import taxes and duties incurred if the shipment is destined for an address outside Latvian territory.

8. Limitation of Liability

8.1. SKARULE liability for damages arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid by the Customer for the products or services giving rise to the claim.

8.2. SKARULE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, arising from the Customer’s access to, or use of, SKARULE products or services.

9. Force Majeure

9.1. SKARULE shall not be held liable for any failure or delay in fulfilling any obligations under this Agreement which is caused by events beyond its reasonable control (“Force Majeure”).

Force Majeure Events include, but are not limited to: wildfires, blasts, severe weather conditions, flooding, seismic activities, pandemics, and other extensive natural disasters; hacker attacks, unforeseen downtime on systems, disruptions or failures in public or private telecommunication networks; strikes, lock-outs, labor disputes; governmental actions, orders, laws, regulations, or constraints imposed by governmental or regulatory authorities; export or import bans, embargos.

9.2. In the event of a force majeure occurrence, SKARULE will notify the Customer as soon as reasonably practicable and will use its reasonable efforts to resume performance as soon as possible. If the force majeure event continues for a period exceeding thirty (30) days, either party may terminate the affected order by giving written notice to the other party.

10. Intellectual Property

10.1. 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 in text, images, sound, software and other materials on the site www.skarule.com, according to Latvia Copyright Law (as amended up to April 5, 2023).

10.2. 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.

10.3. All trademarks, illustrations, images, and logos related to the Goods, their accessories, and their packaging are registered with the European Union Intellectual Property Office (EUIPO). Whether these intellectual property elements are deposited or not, they remain the exclusive property of SKARULE.

10.4. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, etc. is strictly prohibited.

10.5. 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.

11. Dispute Resolution

11.1. In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the parties shall use their best efforts to settle the dispute amicably through mutual consultation and negotiation in good faith within a period of thirty (30) days.

11.2. If the dispute cannot be resolved through negotiation, the parties agree to attempt to resolve the dispute through mediation, using an impartial mediator. Each party will bear its own costs in mediation.

11.3. Any disputes that remain unresolved after mediation may be finally settled by one or more arbitrators. Arbitration will take place in Riga, Latvia, and will be conducted in both Latvian and English.

11.4. This clause and any non-contractual obligations arising out of or in connection with it are governed by Latvian law. The place of jurisdiction for any disputes not subject to arbitration shall be Latvia.

11.5. All aspects of the arbitration process shall be strictly confidential.

11.6. The decision rendered by the arbitrator(s) shall be final and binding on the parties.

11.7. This arbitration clause shall be governed by and construed in accordance with the Latvian Arbitration Law.

12. Applicable Law

12.1. This Agreement is governed by Latvian law and applicable EU regulations. All disputes related to this Agreement shall be resolved in the courts of Latvia.

13. Privacy Policy

To learn how we collect, use, disclose, and protect data about you in accordance with the General Data Protection Regulation (GDPR) and other applicable laws, please refer to our Privacy Policy at skarule.com/privacy. If you have any privacy-related requests or need additional information, please contact us via info@skarule.com.

14. Complaints and Claims

14.1. For any complaints or claims related to SKARULE products or services, please contact SKARULE customer service via email at info@skarule.com.

14.2. If the purchase was made online through SKARULE website and the Customer wishes to escalate the complaint, the Customer is entitled under EU Regulation No. 524/2013 to initiate a consumer dispute outside of court. This can be done through the Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/.

14.3. Additionally, according to the Consumer Rights Protection Law of the Republic of Latvia, the Consumer Rights Protection Center (CRPC) provides out-of-court resolution of consumer disputes. Assistance and further information is on their website at http://www.ptac.gov.lv.

15. Guarantees

15.1. In accordance with Latvian law, SKARULE warrants new goods to be free from defects for a period of two (2) years from the date of delivery. This warranty covers manufacturing and material defects. For more information on warranty claims, please contact Customer Service at info@skarule.com.