Terms and conditions

CLARIWELL LLC

Terms and conditions on use of the website, ordering of goods, payment, delivery, returning and submission of complaints

Effective as of 01.12.2021.

 

GENERAL CONDITIONS

These terms and conditions (henceforth “Terms and Conditions") lay down general provisions of using CLARIWELL.COM website, online store and distance contract. Terms and Conditions apply when a Buyer chooses, orders and buys products offered in CLARIWELL.COM online store or when the User uses the services offered in the site in any other way. When the Buyer/User buys products and uses the services available on CLARIWELL.COM website, the Buyer/User confirms his/her consent to these Terms and Conditions.

Seller of products available on CLARIWELL.COM online store is CLARIWELL LLC, registration number: 50203312371, registered office: Ķengaraga iela 1A, Riga, LV-1063 (henceforth – Seller) and a person placing an order (henceforth - Buyer) enter into a Distance Contract (henceforth – Contract) whereby the Seller undertakes to sell and deliver goods to the Buyer according to Buyer's order and prepayment made at online store CLARIWELL.COM. These Terms and Conditions are an integral part of the Contract.

For the purpose of these Terms and Conditions, the Buyer is any person who shops in online store CLARIWELL.COM, the User is a person using other services available on CLARIWELL.COM website. The Buyer and User may be one and the same person.

By registering on CLARIWELL.COM website, including the online store, the Buyer/User consents to Terms and Conditions and agrees to comply with them.

If the Buyer/User has not read the Terms and Conditions or does not agree with them or a part thereof, he/she is not allowed to order goods from CLARIWELL.COM online store or use other services offered on the website, Otherwise the Buyer/User are deemed to be compliant with and unconditionally agree to all Terms and Conditions.

The Seller reserves a right to amend, edit or add Terms and Conditions at own discretion and at any time. When a Buyer shops at CLARIWELL.COM online store, he/she is subject to Terms and Conditions applicable on the moment of placing an order; therefore, the Buyer is advised to read Terms and Conditions before each shopping. Changes of Terms and Conditions do not affect previously placed orders and signed Contracts.

In case of material reasons, the Seller may temporarily or permanently discontinue operation of the online store without giving a prior notice to the Buyer/User. This conduct does not affect Contracts already signed.

Entire content of CLARIWELL.COM website, including its text, design, graphic elements, logos, trademarks, names, images, sound recordings, codes and other objects of intellectual property, belong to CLARIWELL LLC. It is prohibited to use them for purposes other than viewing, shopping and referring to CLARIWELL.COM website without an explicit and special permission from CLARIWELL LLC. 

 

PROCEDURE OF ORDERING and PAYMENT

The Buyer orders products at CLARIWELL.COM online store (henceforth – Online Store) by choosing the type and quantity of products to be ordered. The products are sold to the Buyer at prices effective on the moment of placing an order at the Online Store. The Seller may apply various discounts on products. Product prices in Online Store are provided in euro currency including all applicable taxes.

Before completing the order, the Buyer has the opportunity to choose the type of delivery and provide the information required for delivery and payment.

When paying for products, the Buyer confirms unconditionally that he/she has a right to buy particular products.

The Buyer can pay for the product via Paysera Checkout payment tools integrated with the Onilne Store:

  • Payment via online bank – a prepayment from the online bank chosen by the Buyer.
  • Payment with a payment card – a prepayment from Visa or Mastercard system's debit card or credit card of the Buyer.

Payment confirmation is sent by Paysera to the e-mail address disclosed by the Buyer.

The Buyer's bank, payment institution or payment card issuer/operator may apply a transaction fee or commission for processing the payment.

Order confirmation and purchase invoice according to the order is prepared electronically and is valid without a signature; it is sent to e-mail address specified by the Buyer after receiving the payment. Paper invoice is not attached to the shipment. If the purchase has been paid, but the confirmation and/or electronic invoice for the purchase has not been received or is incorrect, the Buyer may request the Seller to resend or correct the confirmation and/or invoice by writing to clariwell@clariwell.com from the Buyer's e-mail specified at the time of purchase.

 

DELIVERY

Delivery type, provider and pricing is clearly indicated on Sellers website CLARIWELL.COM and at the moment of ordering subject to the Buyer’s selection of delivery type and address. The Seller has rights to adjust delivery prices, conditions and change delivery provider at any moment.

The Seller ensures product handover to couriers as soon as possible, but not later than within 3 working days since receiving the payment for the product, and the Buyer is notified on the handover fact to his/her specified e-mail address. By delivering products to a parcel machine chosen by the Buyer, the Buyer is sent a SMS and/or e-mail with PIN code which is necessary to open parcel machine vault and receive the parcel. The product can be kept at the parcel machine for 7 calendar days. If the order is not picked up from the parcel machine in given time, it is returned to the Seller. However in that case, if the Buyer wants to get the order, he/she must contact the Seller and pay additional processing fee before a repeated delivery.

To ensure the guaranteed quality of the products, especially in the conditions of extreme low or high average temperature, when delivering the goods to the parcel terminal, it is recomended to pick-up the shipment from the parcel terminal within 2 days.

 

ON EXERCISE OF RIGHTS OF CANCELLATION

The Buyer is entitled to withdraw from the concluded Distance Contract within 14 calendar days without specifying a reason. If the end of said term falls within an official holiday, the rights of cancellation may be used until the day following the holiday which coincided with the last day of the term.

In order to use the rights of cancellation, the Buyer must notify the Seller by e-mail: clariwell@clariwell.com or regular mail to address: Ķengaraga iela 1A - 409, Riga, LV-1063, Latvia, in a cancellation letter (filled out cancellation form) accompanied with a copy of document evidencing the payment. The cancellation letter form can be found here: Withdrawal Form

The received product must be in unopened and original package, for example, a bottle with undamaged seal under the lid, and it must be returned to the Seller to Ķengaraga iela 1A-409, Riga, LV-1063 not later than within 14 calendar days of the day when the Buyer has communicated his/her intention to withdraw from this Contract. 

Please, pay attention to the packaging – products must be packed in a way to not leave any free space for movement and to be protected from compressing. All costs arising in relation to returning the product are covered by the Buyer.

When exercising the rights of cancellation, the money will be returned to the bank account of the Buyer indicated in the cancellation form not later than within 14 calendar days from the moment of receiving the returned products.

 

THE BUYER IS NOT ENTITLED TO USE THE RIGHT OF CANCELLATION IF products are returned in non-original, damaged or opened packaging or are returned damaged in any other way. Article 12(6) of the Consumer Rights Protection Law of the Republic of Latvia states that the “consumer” is responsible for maintaining product quality and safety during the term of rights of cancellation". The Seller reserves a right to decline Buyer's attempt to exercise the right of cancellation or to withhold a compensation fee if the product is damaged from neglectful treatment of product during its possession or failing to comply with storage instructions if the original primary or secondary packaging (bottle, box) is open or considerably damaged.

 

TERMS AND CONDITIONS OF FILING A COMPLAINT

The purchased food supplements have an expiry date which is printed on the label. Product quality is guaranteed for the validity period only if the food supplement is stored according to instructions given on the packaging and is in its original packaging. If the mentioned storage instructions are not complied with and the product has lost its quality either visually or in other detectable way during the guarantee period, the customer may file a complaint. The complaint must be sent to e-mail clariwell@clariwell.com.

The complain must contain the following mandatory data:

  • Name, surname and contact information of the person submitting the complaint
  • Address and bank account number of the person submitting the complaint (to enforce substantiated complaint)
  • Name, batch number and expiry date of the product
  • A copy of document evidencing product purchase with legible date and place of purchase
  • Explanation of the nature of complaint and additional information – pictures of a product which add to or reflect more precisely the complaint explanation, other identification of non-compliance of product quality, explanations about following product storage instructions.
  • The Buyer can return product related to complaint to the Seller together with a written complaint

The Buyer can propose one of the following requests in his/her Complaint (at first one can propose one of first two requests):

  1. to eliminate non-compliance of the product with the Contract without a charge;
  2. to exchange the product for a product that would comply with the Contract;
  3. to cancel the Contract and repay the amount paid for the product;
  4. to reduce product price proportionally.

The Seller may ask the Buyer to return the product (if it has not been done when submitting complaint) in order to perform product expertise. If the results of expertise confirm that the non-compliance of the product with the Contract is due to the Seller or its cooperation partners, the Seller shall compensate all the reasonable costs incurred on the Buyer in relation to returning the products. The Claim may be reviewed for two weeks at maximum, however the time for adoption of the final decision may be extended depending on the accuracy and completeness of information provided in the Claim, time of returning the product and necessity for expertise.

If non-compliance of the product with the Contract does not interfere considerably with Buyer's possibility to consume it, the Buyer may not demand the Seller to cancel the Contract and repay the money received for the product.

A properly prepared complaint and requested additional information must be submitted to SIA “CLARIWELL” by sending it via mail to Ķengaraga iela 1A-409, Riga, LV-1063 or e-mail clariwell@clariwell.com.

 

DISCLAIMER

These Terms and Conditions are elaborated in line with the laws and regulations of the Republic of Latvia. Relationships arising on the basis of these Terms and Conditions are subject to legislation of the Republic of Latvia.

The Seller does not provide health claims other than those printed on the food supplement label sold on CLARIWELL.COM website where health claims are harmonised with applicable EU legislation and approved in the Food and Veterinary Service of Latvia. Any other information on CLARIWELL.COM website is provided on the basis of the Seller's knowledge and results of research of the scientific literature, and it does not substitute medical advice. Customer feedback and opinions published on website are not Seller's opinion and they should not be regarded as Seller's recommendations.

The Seller is not responsible for loss, including loss incurred due to malfunction of website CLARIWELL.COM as well as data loss or damage caused by the Buyer or third parties which operate on the website on the Buyer's behalf or who possess customer's profile/login data on CLARIWELL.COM site due to Buyer's neglectful attitude. The Seller is not responsible for disturbed logon and/or use on CLARIWELL.COM website, as well as for a damage caused by third parties not related to the Buyer, due to acts or omissions, including power shortage, internet availability disturbances etc. It does not restrict the Seller's responsibility under laws and regulations governing the consumer rights.