This purchase agreement is entered into by and between SIA „ZIGZAG FACTORY”, Reg. No. 40103712517, legal address: Kaļķu iela 33, Kuldiga, LV-3300, Latvia, and the customer who places an order on the www.zigzagfactory.com website.
Definition of Terms
Customer – an individual who places an order online at www.zigzagfactory.com and is the recipient of the ordered product. The Customer uses the product purchased at www.zigzagfactory.com website for his/her personal needs, the needs of its family or relatives, or for other purposes.
„ZIGZAG FACTORY” – SIA „ZIGZAG FACTORY”, a company registered with the Company Register of the Republic of Latvia with Reg. No. 40103712517 (legal address: Kaļķu iela 33, Kuldiga, LV-3300, Latvia), that owns the website www.zigzagfactory.com.
Website – site on the Internet with the address www.zigzagfactory.com. The Website offers the Customers to place orders for seller’s products, as well as offers payment and delivery terms for the ordered products.
Product – a material unit in circulation and offered for sale on the Website, e.g., tencel sateen bed linen set, tencel duvet cover, tencel pillow case, tencel sheet or other offered Products.
Order – a duly executed Customer’s request for the delivery of the Product chosen online to the address indicated by the Customer.
1. General Terms
1.1. The owner and administrator of the Website is SIA “ZIGZAG FACTORY “.
1.3. The above mentioned Terms, as well as the Product information on the Website is public.
1.4. The mutual relationship between the Customer and the seller is governed by the laws of the Republic of Latvia.
1.5. All information and content, including but not limited to trade marks, logos, service marks, text, graphics, button icons, images, audio fragments, data compilations and software, its compilation and layout (all together referred to as Content) available on the Website, is the property of “ZIGZAG FACTORY”, its affiliates, partners or licensors, and is protected by the laws of the Republic of Latvia and other international laws relating to intellectual property protection, including laws governing the use of copyrights and trademarks. Without express written permission any kind of use of trademarks that are our property, for any reason whatsoever, is not permitted.
1.6. “ZIGZAG FACTORY” reserves the right to amend these Terms.
1.7. “ZIGZAG FACTORY” does not guarantee that the information on the Website, including, but not limited to the accuracy of Product lists and pricing, is complete or up to date. “ZIGZAG FACTORY” reserves the right to correct any errors, inaccuracies or incompleteness and to renew the information on the Website any time without prior notice to the Customer (including, after the Customer has placed his/her Order).
1.8. The relationship between the Customer and “ZIGZAG FACTORY” is governed by the laws of the Republic of Latvia. The substantive rules of the Republic of Latvia are applicable to the agreement, excluding the application of the UN Convention on Contracts for the International Sale of Goods.
1.9. “ZIGZAG FACTORY” is not responsible for copyright material that you’ve sent in a virtual studio “ZIGZAG FACTORY”. All responsibility for the submitted materials rests with the posters, as stipulated by law.
1.10. “ZIGZAG FACTORY” has the right not to implement or operate customers whose desires do not comply with generally accepted social norms, as well as the contribution; contains themes and ways prohibited by Latvian laws.
The virtual design studio “ZIGZAG FACTORY” the customer does not explain the reasons for refusal.
2.1. The Customer can place an Order without registering on the Website.
2.2. “ZIGZAG FACTORY” is not responsible for the accuracy and reliability of the information provided by the Customer in the registration form.
2.3. The Customer undertakes not to disclose his/her user name and password indicated in the registration form. If the Customer suspects that his/her username or password has been disclosed or used by third parties, the Customer undertakes to immediately inform “ZIGZAG FACTORY” by sending an e-mail to firstname.lastname@example.org.
The e-mail must be sent from the e-mail address indicated in the registration form.
3. Placing an Order and Order Fulfillment Time
3.1. The Customer can place his/her Order online at www.zigzagfactory.com, via e-mail or phone, indicating the information necessary for placing an Order with “ZIGZAG FACTORY”. For more information, please visit the “PAYMENT” section.
3.2. The Product delivery time depends on the Payment for the product BY THE CLIENT, type of delivery, region and address, the respective delivery service provider, which ensures the delivery of the Product, but does not directly depend on “ZIGZAG FACTORY”. For more information, please visit the “DELIVERY” section.
3.4. Upon receipt of the Order, “ZIGZAG FACTORY” will confirm the receipt of the Order by sending a confirmation e-mail to the Customer. However, receipt of such e-mail cannot be considered as confirmation to fulfil the Order. The acceptance of the Order (the “Acceptance E-mail”) necessary in order to assume that the Parties have entered into an Agreement, will be sent to the Customer after “ZIGZAG FACTORY” will have checked the possibilities to manufacture and deliver the respective Product. The full price for the Product(s), including taxes and delivery expenses, will be indicated in the Acceptance E-mail. The Acceptance E-mail will be sent to the Customer to the e-mail address indicated by the Customer and will be deemed to be received at the moment “ZIGZAG FACTORY” will have sent an Acceptance E-mail to the Customer.
3.5. The information on the Website cannot fully reflect the Product characteristics (including the colour, size, technical parameters and form). The Customer has the right to address “ZIGZAG FACTORY” before placing an Order to clarify the Product details. If the Customer has not addressed “ZIGZAG FACTORY” for detailed explanations, the Customer is deemed not to have had any questions regarding the Product characteristics while placing the Order.
3.6. In case the Customer refuses from a partially or fully paid Product that has been individually designed online but has not been dispatched yet, the Order amount will not be refunded.
3.7. The Product descriptions on the Website www.zigzagfatory.com have informative purposes only, and the use of this information does not lead to legal obligations between the visitor and “ZIGZAG FACTORY”.
3.8. The owners of zigzagfactory.com are not responsible for the appearance of pictures, colours, parameters in the Customer’s display.
4. Price and Payment Terms
4.1. All prices are indicated in euros (EUR) and include the relevant statutory taxes. “ZIGZAG FACTORY” has the right to change the prices and Products from time to time at its sole discretion. The indicated prices do not include delivery expenses that are dependent on the place of delivery and will be indicated when placing an Order. The delivery expenses are already included in the price of some Products.
4.2. The Customer settles payment immediately after placing an Order. If “ZIGZAG FACTORY” has not received the payment within 14 days after sending the Acceptance E-mail, “ZIGZAG FACTORY” has the right to revoke the acceptance of the Customer’s Order.
4.3. Payments can be made by wire transfer to “ZIGZAG FACTORY” bank account in accordance with the Order information or by using a third party payment system (e.g., Paypal, credit card, internet banking). For more detailed information, please visit the “PAYMENT” and “DELIVERY” sections.
4.4. The payment is deemed to be made when the respective payment has been received in the “ZIGZAG FACTORY” bank account.
4.5. The price of additional design in the ZIGZAG FACTORY constructor consists of the “seams” between 2 adjacent fabrics of different colours. If a different colour is placed next to an existing colour, they are combined by a seam, upon which the cost is calculated. Accordingly, the amount of the selected colours does not matter – what matters is the layout of colours chosen by the Customer. The outer edges of the constructor frame, i.e., the sewing seams connecting product components, are not taken into account. The price for a 1cm seam is 0.02 EUR for any design.
5.1. The Products are delivered throughout Latvia, as well as other countries.
5.2. Delivery is carried out from “ZIGZAG FACTORY” premises (Kuldiga, Latvia) to the delivery address indicated in the Customer’s Order. The ordered Product will be prepared and transferred for delivery/dispatched within four (4) business days or less after receipt of the payment by the Customer.
5.3. In order to deliver the Product to the Customer as soon as possible, “ZIGZAG FACTORY” will carry out all actions from their part that the delivery depends on. However, we inform that there may be delays in the delivery of the Product due to reasons that are not directly dependent on “ZIGZAG FACTORY”.
5.4. The risk of accidental loss or damage of the Product shall pass to the Customer at the moment the Customer receives the Order.
5.5. In case the Product has not been delivered to the Customer, has been lost (from the respective delivery service provider) by fault of the service staff during delivery, “ZIGZAG FACTORY” reimburses the Customer the paid Product value only after “ZIGZAG FACTORY” has received a confirmation of loss or compensation from the delivery service provider.
5.6. The types of delivery are indicated in the “DELIVERY” section.
5.7. The Order is delivered to the Customer or the person indicated in the Order as the recipient of the Order.
5.8. In case it is not possible to deliver the Product to the Customer due to the fact that the Customer or any other person the Customer has indicated as the recipient of the Order is not found at the indicated delivery address, even if the Customer has been informed about the delivery time by sending a pre-notification within a reasonable time, the Customer may be required to cover the expenses of the unsuccessful delivery, as well as the expenses associated with redelivery, if the Customer has requested it.
5.9. The price for delivery of one item in Europe depends on the delivery type chosen by the Customer. Delivery by courier is free of charge for Products the value of which exceeds 100 EUR. The Customer will be informed about the delivery expenses and the total purchase price during ordering.
5.9.1. If the customer chooses to receive the Order at “ZIGZAG FACTORY” premises in Kuldiga, Latvia or Riga (Skolas street 9), Latvia, the delivery terms will not be applied and no additional delivery expenses will need to be covered.
6. Warranty and Liability
6.1. “ZIGZAG FACTORY” guarantees that it only provides high-quality Products that are made from materials suitable for the intended Product usage.
6.2. It is your duty to check the Product immediately upon receipt, to establish that all sizes and colours are correct, as well as any possible Product flaws. If any non-conformity or uncertainties arise, it is your duty to contact “ZIGZAG FACTORY” via phone or e-mail.
6.3. “ZIGZAG FACTORY” warranty cannot be applied to damages that have been caused or have affected the Product due to its improper use or application, i.e., chemical, sanitary, electric or other external circumstances and weather conditions, unreasonable intentional and/or unintentional negligence you have committed. Please contact us, we are ready to support you.
6.4.”ZIGZAG FACTORY” warranty term is 90 days from the date of delivery of the Product. During this period, “ZIGZAG FACTORY” undertakes to prevent Product defects under warranty. If the defect is the fault of “ZIGZAG FACTORY” we will:
6.4.1. prevent the Product defects and non-conformity between the received and the ordered “ZIGZAG FACTORY” Product.
6.5. “ZIGZAG FACTORY” does not assume any liability for the consequences of the purchased Product that have arisen after repair works carried out by the Customer or any other third person without express prior written consent by “ZIGZAG FACTORY”.
6.6. “ZIGZAG FACTORY” warranty in no way affects or limits the consumer’s rights to submit a claim for poor quality, improper Products in accordance with the laws and regulations of the Republic of Latvia.
6.7. “ZIGZAG FACTORY” is doing everything possible to make sure the images on the Website reflect the colour of the Product as accurately as possible. However, the reflection of Product colours depends on the display the Customer has, therefore “ZIGZAG FACTORY” cannot guarantee that the colour the Customer sees in his/her display will correspond to the actual Product colour, and the difference in colour may not be regarded as poor quality.
6.8. Product descriptions on www.zigzagfactory.com are purely informative and the use of this information dos not lead to legal obligations between the visitor and the owner of the Website. The accuracy of the description of the Product may not correspond to the criteria of the Customer’s informative request.
7. Right of Withdrawal
7.1. Each question in relation to the return of Orders by the Customer or return of Orders delivered to the Customer is reviewed separately under simplified procedure.
7.2. Regulation No.255 of the Cabinet of Ministers of the Republic of Latvia “Regulations Regarding Distance Contracts” state that the Customer has the right to withdraw from the agreement within 14 calendar days and return the received Order. The returned Product must not be used, it must be in its original packaging and its packaging and labelling must not be damaged. The returned Product must be free of smell of cigarettes, perfume and other scents, must have no make-up or other stains. For reasons of hygiene, the Customer has NO right to return the bed linen within 14 days without any explanation of the reason of return. (Regulation No.255 of the Cabinet of Ministers, Paragraph 15.3)
In order to prepare the right of withdrawal, the Customer fills in the Right of Withdrawal Form in accordance with the procedure set out in the laws and regulations.
7.3. The Customer may not use its rights of withdrawal if the Product is custom-built (if the Customer has ordered the Product by choosing and indicating the materials, shapes, colours for different product items, at its discretion, thus creating an individualised Product) or is irreplaceable.
8. Personal Data Protection and Confidentiality
8.1. Payment for the Order is made on the Site via Paysera payment system.
8.2. Bank payment card and authorisation services are provided by Paysera. If the company providing authorisation of payment by bank cards has reasonable suspicion that the operation is of fraudulent nature – the company has the right to refuse to proceed with the operation.
8.3. “ZIGZAG FACTORY” undertakes not to disclose the information received from the Customer and ensures that the processing of Customer’s personal data will be highly confidential, guaranteeing personal data security and protection. The data necessary for the completion of the transaction is accumulated and can be passed on to third parties involved in the transaction (e.g., the carriers) to the extent necessary in order to fulfil Customer’s Order. The electronic data necessary for payments by credit cards, especially the credit card information, is not accumulated and stored.
8.4. ZIGZAG FACTORY will not accept copyright protected materials for processing, unless the client is able to provide a document or a permit which grants the permission to use such copyright protected content.
9. Force Majeure
9.1. “ZIGZAG FACTORY” is not responsible for the delay in performance or non-performance of obligations, or other non-performance due to circumstances or obstacles beyond the reasonable control of “ZIGZAG FACTORY”, including but not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, non-performance by third parties, internet connection problems, as well as hardware and software failures. In the event of such force majeure, “ZIGZAG FACTORY” will try to prevent the delays as soon as possible.
10.1. The Customer undertakes to compensate for and to defend and protect “ZIGZAG FACTORY” from any harm, losses and damages or expenses, as well as reimburse the legal fees incurred in connection with a claim or action brought by a third party in connection with the violation of the conditions of these Terms, mistakes in the representations or warranties provided by the Customer or the use of this Website by the Customer.