Terms of Service
TERMS OF SERVICE
Effective as of 08th of November 2021
By accessing our website, our services or accessing any content that is made available by DesignScan you express your agreement to be legally bound by our Terms of Service, so please read these terms carefully before using our services as you are entering into a binding contract with SIA „DesignScan”, reg nr. 40203156866, address: Elizabetes Street 39 - 20, Riga, LV-1010, Latvia. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.
Some parts of our Platform may be subject to additional terms and policies. These Terms of Service do not interfere with any obligation or authorization provided in any other agreement concluded between you and DesignScan.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service:
- 'Terms refers to the latest version of these Terms of Service.
- 'We/Us/DesignScan' refers to SIA „DesignScan”.
- Dealer’ refears to the company which has the rights to distribute and deliver items listed on the Platform.
- 'Site' refers to website, available at https://shop.trentini.lv/products or any other url which may host websites operated by DesignScan.
- 'Services' refers to the functionality of the Site and availability of the content provided by DesignScan (including selling of items) and User Generated Content.
- 'Platform' refers to Site, and Services collectively.
- 'User/You' refers to any person using our Services or accessing the Site.
- 'Customer’ refers to the User who wants to purchase the items listed on the Platform.
- ‘Consumer’ refers to the Customer who is a natural person and who wants to purchase the items listed on the Platform for a purpose, which is not related to his or her economic or professional activity.
- 'Third - Party' refers to any application, website, natural or legal entity other than DesignScan or their affiliates.
- 'Content' refers to all images, text, audio and video data or any other information located on the Platform.
- 'User Generated Content' refers to the Content provided by the Users.
- 'Information' refers to information about the Users themselves provided for the purpose of using our Services.
2. ELIGIBILITY AND REGISTRATION
2.1 By using the Platform, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not use the Platform contrary to these Terms or applicable laws and regulations. If you are accessing the Platform on behalf of a legal entity, you further confirm that (iv) you have the appropriate authorization to accept these Terms, (v) you have the appropriate authorization to bind such legal entity by accepting these Terms (vi) legal entity on behalf of whom you accept these Terms has full power to enter into this agreement and to assume all rights and obligations arising hereunder.
(B) SELLING OF ITEMS
2.3 DesignScan is the seller of all items listed in the Platform. The item images provided on the Platform are illustrative and DesignScan cannot guarantee that item images completely coincide with the item itself.
2.4 Items listed in the Platform are available unless stated otherwise. Customer is immediately informed in case of impossibility to buy the item ordered by Customer and consequently the order of Customer is canceled. If the payment of the unavailable item has already been made, we will return the same amount of money upon cancellation.
2.5 The procedure for ordering items specified by the DesignScan provides the Customer with an opportunity to check and correct errors before submitting the final order.
2.6 The purchase agreement is considered to be concluded at the moment when the DesignScan has confirmed the Customer’s order.
2.7 Prices of items:
2.7.1 The prices of the items will be as indicated in the Platform.
2.7.2 The DesignScan makes every reasonable effort to ensure that the prices of the items at the time the Customer places the order are correct.
2.7.3 The prices include all applicable taxes. The delivery and all other applicable costs will be shown additionally (if applicable according to clause 2.9.2 and 2.9.7).
2.7.4 If the item is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for items listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.
2.8 Payment for items:
2.8.1 Payment for items can be done through online payment system or by bank transfer according to DesignScan invoice.
2.8.2 Invoice is issued immediately (not later than 1 business day) after the Customer submitted the order.
2.8.3 Payment must be done before delivery of items (100% prepayment).
2.9 Delivery of items:
2.9.1 Delivery of purchased items is provided by the Dealer. All costs associated with the delivery will be charged to the Customer. Dealer will use reasonable efforts to deliver the items as quickly as possible within a reasonable time, but the Dealer/we are not responsible for any delays in delivery which are beyond Dealer’s/our control. Deler/We cannot make any promise or warranty as to the exact delivery date for the items. We shall display on the Platform the approximate time of delivery. Make sure to place the order in advance of the intended delivery date. We do not accept any liability and Customers hereby release us from any liability for any damage caused by the early or late delivery of the items, failure to deliver the items, or Customer’s reliance on the estimated date of delivery.
2.9.2 The Customers are offered a possibility to assembly the items by themselves or to use appropriate assembly service from DesignScan. Assembly service costs will be shown additionally.
2.9.3 Upon delivery of the items, the Customer or a third party specified by the Customer is obliged to check with the Dealer the condition of the item packaging.
2.9.4 If the packaging of the items is damaged, the Customer or a third party indicated by the Customer has the right not to accept the items. In this case, the Dealer together with the Customer or a third party indicated by the Customer shall fill in a special act of non-conformity of the shipment, which shall be submitted by the representative of the organization providing courier services indicating the identified damage.
2.9.5 The Customer is obliged to inspect the packaging, quantity, quality, assortment, accessories and assembly of the items within 14 (fourteen) days from the moment of delivery of the items. If the Customer fails to fulfill this obligation and does not submit a claim to the DesignScan within the specified term, it is assumed that the packaging, the quantity, quality, assortment, accessories and assembly of the items comply with the terms of agreement.
2.9.6 If, for some reason (for example, the repair of apartment has not been completed) there is no possibility to unpack the Items then the different time is arranged for unpack and assembly of the items, to be sure that items are without defects. If a User unpacked and assembled the items himself, and found a defect, DesignScan doesn’t have to solve this problem, if DesignScan reasonably thinks that this defect is caused by wrong assembling or unpacking.
2.9.7 If the User requested a carrying of items on 2nd or higher floors and this must be done manually, then DesignScan issues an invoice to the User separately. If the User did not indicate this in the order, and such a need became known at the time of agreement on the delivery time, then the Dealer has the right or agree with the User about these services directly and issue an invoice or redirect such a request, and DesignScan will issue an invoice by itself, having previously agreed on the details with the Dealer.
3. RIGHT OF WITHDRAWAL
3.1 The Customer, who is a consumer, has the right to exercise the right of withdrawal without giving a reason. The term to use the right of withdrawal is 14 days from the moment of delivery/reception of the items. This provision means that during the period said the Customer has the right to notify the DesignScan of his request to return the items and receive the money paid.
3.2 The DesignScan ensures the Costumer an option to electronically fill in and submit the withdrawal form regarding the use of the right of withdrawal on the Platform, including the possibility to download the withdrawal form from the Platform. In such case the DesignScan shall communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium (including electronic mail) without delay.
3.3 The Costumer shall send back the items to the DesignScan or hand them over to the DesignScan in a disassembled state, without undue delay and in any event not later than 14 days from the day on which he has sent (to email address: email@example.com ) a withdrawal form or notification regarding use of the right of withdrawal to DesignScan. The Items must be sent back strictly according to the DesignScan instructions which will be provided in the Platform or sent to the Customer on a durable medium (including electronic mail). In certain cases, specified in the Platform the Customer will be allowed to use the right of withdrawal only if the items after the purchase are not assembled and/or disassembled, reducing the quality of the items. The deadline shall be deemed to have been met if the items are sent back before expiration of the period of 14 days. The Costumers prior to sending back or handing over the items to the DesignScan are entitled either to disassemble the items by themselves or, to avoid any damages, use appropriate service from the DesignScan for an additional cost. The Costumer pays the direct costs of returning the items.
3.4 The DesignScan shall reimburse all payments received from the Costumer, including the costs of delivery only in the case if the Customer is a consumer without undue delay and in any event not later than 14 days from the day on which he is informed of the Costumer's decision to withdraw from the agreement, considering the provisions of clause 3.5. - 3.7. The DesignScan shall carry out the reimbursement referred-to amount of money using the same means of payment as the Costumer used for the initial transaction, unless the Costumer has expressly agreed to other means of payment and provided that the Costumer does not incur any fees as a result of us of such means of payment.
3.5 If a Costumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the DesignScan, then the DesignScan shall not be required to reimburse the supplementary costs.
3.6 The DesignScan is entitled to withhold the reimbursement of the amount of money paid by the Costumer in accordance with a purchase agreement until the DesignScan has received the items back, or until the Costumer has supplied evidence of having sent back the items to DesignScan, whichever is the earliest. Reimbursement is awarded only if the returned items are not damaged or altered using them in inappropriate way and are returned in according to the DesignScan instructions. The items assembly and disassembly costs shall not be reimbursed anyway. In cases when only a part of the purchased items is returned, the delivery fee is not refunded.
3.7. The Customer as a consumer may not exercise the right of withdrawal if:
3.7.1. the items are assembled and/or disassembled in cases when the Customer according to clause 3.3. was informed about impossibility to use the right of withdrawal if the items are assembled and/or disassembled;
3.7.2. the items are made to the consumer's specifications or are clearly personalized;
3.7.3. the consumer has unsealed the packaging for goods which are not suitable for return due to health protection or hygiene reasons or if the item is damaged by a Customer’s fault.
4. WARRANTY AND QUALITY
4.1 The DesignScan guarantees that items listed on the Platform are genuine and produced directly in manufacturer’s factory. The DesignScan grants a quality guarantee valid for a certain period of time for various types of items, the specific term and other conditions of which are indicated in the documents that are submitted together with the items.
4.2 We remind you that Costumers have the right to file a claim for the items that don’t not comply with quality requirements, within 24 months from the date of delivery of the items.
5. COMPLAINTS PROCEDURE AND OUT OF COURT SETTLEMENT OF DISPUTES
5.1 The Customer who wishes to submit a complaint regarding low-quality or incomplete items can do so by sending a written complaint to the DesignScan’s e-mail: firstname.lastname@example.org.
5.2 When submitting a complaint, the Costumer which is a consumer must indicate one of the ways in which the Costumer wants the claim to be resolved:
5.2.1 The DesignScan at his own expense shall eliminate the non-conformity of the items, if the non-conformity can be eliminated within a reasonable time.
5.2.2 reduce the purchase price accordingly.
5.2.3 to replace the item with an analogous item of appropriate quality (this option is not applicable in case there is just a single copy available to DesignScan).
5.2.4 cancel the agreement and refund the Customer the amount paid for the item.
5.3 The response to the complaint is provided within 14 (fourteen) days.
5.4 If the complaint is recognized to be unfounded and you do not agree with recognizing the complaint as unfounded, the Costumer which is a consumer have the right to use the alternative dispute resolution options specified in regulatory enactments by submitting a written application for out-of-court dispute resolution to the DesignScan.
5.5 Information on out-of-court dispute resolution options:
6.1 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute "unsolicited commercial e-mail advertisements" and you are not able to opt-out of receiving them. You may also choose to receive e-mail notifications about content, promotions, special offers and or other topics of interest related to the DesignScan and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails. Promotional emails may be send by our data processors, however, we remain responsible for all content and data handling activities.
6.2 If you have any question or suggestion you can contact us at email@example.com.
7. ACCEPTABLE USE POLICY
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) collect Users' content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by DesignScan;
(viii) post or transmit content that is misleading.
(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xi) post or transmit hyperlinks to other websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms.
7.2 Users are solely responsible for their own content and the consequences of making the content available to Third-Parties.
7.3 You should report to the authorities and DesignScan any User which behaves inappropriately, including without limiting (i) engaging in illegal activities (ii) or engaging in offensive, violent or sexually inappropriate behavior.
7.4 If you find that another User of the Platform behaved contrary to the acceptable use policy you may file a dispute to DesignScan. Disputes are reviewed by the admin of DesignScan. All disputes will be looked at as case by case, and different disputes will be resolved differently based on the reasoning. All decisions are final, and no additional review will be provided.
8. INTELLECTUAL PROPERTY RIGHTS
(A) PROPRIETARY RIGHTS
8.1 The copyright and all intellectual property rights in the Platform belong to DesignScan or are used with appropriate permissions. It includes design, all database rights, trademarks, visual, audiovisual and textual material, graphics, codes, files and links, service marks, and the selection and set up thereof. All rights are reserved.
8.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable (including sublicensing) license to access and use the Platform, and other Content provided by DesignScan. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform and/or its their Content; distribute, transfer (including sublicensing), lease, lend or rent the Platform or their Content to any third party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means.
(B) NOTIFICATION OF INFRINGEMENT
8.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the to the Site's Copyright Agent a complaint signed by the electronic or handwritten signature including following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or the App;
- Your name, address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.4 Our copyright agent can be reached at firstname.lastname@example.org.
(C) USER GENERATED CONTENT
8.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content, we will give appropriate credit to the content provider through their name.
8.6 Users are able to leave reviews and comments regarding their experience with specific merchants and for specific items. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right to refuse to publish, to remove or amend the reviews and comments from Users, at our sole discretion.
8.7 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws and regulations or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that DesignScan bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. You further understand that by providing your content online, other people will have access to such content, and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
(D) THIRD - PARTY CONTENT
8.8 Some content on the Site, such as advertisement, may be provided by the Third - Parties. All content on the Site provided by Third – Parties must meet the requirements of laws and regulations and Third – Parties are fully liable for all negative consequences (incl.damages) that have risen as a result of non-compliance of such content to the requirements of laws and regulations.
(E) CONFIDENTIAL INFORMATION
8.9 During the term of these Terms, Users may be required to provide or volunteer to provide certain Confidential Information to DesignScan and DesignScan may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
9. THIRD - PARTY SERVICES
9.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that DesignScan does not control. We may also provide you with links leading to the Third - Parties. You acknowledge that different terms and policies may apply to your use of such Third - Party services and content. DesignScan does not endorse such Third - Party services and content and in no event shall DesignScan be responsible or liable for any products or services of such Third - Party providers.
10.1 You will indemnify and hold harmless DesignScan, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, that can arise out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms and is your sole responsibility.
11. LIMITATION OF LIABILITY
11.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DESIGNSCAN SERVICE IS TO STOP USING THE DESIGNSCAN SERVICES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DESIGNSCAN, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE DESIGNSCAN SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF DESIGNSCAN HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS IN NO EVENT SHALL DESIGNSCAN'S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID DESIGNSCAN.
13. DISPUTE RESOLUTION
13.1 Any dispute, claim and disagreement arising out of or relating to these Terms, including those relating to the conclusion, execution, interpretation, termination of the Terms, as well as other disputes that may arise between the Parties in connection with the relations arising from the Terms, shall be finally settled by a court according to the laws and regulations of the Republic of Latvia.
14. FINAL PROVISIONS
14.1 Entire Agreement. The terms of these Terms constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in this Terms.
14.2 Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
14.3 Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.4 Force Majeure. For the purpose of these Terms Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under these Terms shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
14.5 Waiver. Any failure to exercise or enforce any right or the provision of these Terms shall not constitute a waiver of such right or provision.
14.6 Language. These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.