Terms of use
Open as a separate pageDistance Contract
This contract is concluded between SIA "ELYNDI", registration no. 41203051814, legal address: Rīga, Klijānu iela 10, LV-1013 (hereinafter – Elyndi.com or the Seller), and a natural or legal person (hereinafter – the Buyer) who purchases goods (hereinafter – the Goods) or uses other services offered by the Seller (hereinafter – the Service) on the website www.elyndi.com (hereinafter – the Website).
- General Provisions
1.1. Elyndi.com is the owner of the Website and of the rights associated with it and, in the course of its business and in accordance with this Contract (hereinafter – the Contract), offers and sells Goods and provides Services to the Buyer.
1.2. Elyndi.com provides the information about the Goods and Services available on the Website, sells the Goods/provides the Services in accordance with the terms set out below and also operates a Customer Service department. By accessing or using the Website, the Buyer confirms that they have read the terms of the Contract, understand them and agree to comply with them without limitation or condition.
1.3. If the Buyer purchases Goods offered on the Website via the internet, such a mutual agreement is deemed to be a Distance Contract and is subject to the legal provisions governing distance contracts, including but not limited to Directive 97/7/EC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts, the Consumer Rights Protection Law of the Republic of Latvia (Patērētāju tiesību aizsardzības likums) and the Cabinet of Ministers Regulations of the Republic of Latvia Regulations Regarding Distance Contracts (Noteikumi par distances līgumu).
1.4. The Buyer is a person with legal capacity who has registered and places an order on the Website. Minors aged 14 to 18 may use the services of Elyndi.com only with the permission of a parent or guardian, except where they have income of their own. By registering on the Website, the Buyer confirms that they have legal capacity and are entitled to make purchases on the Website in accordance with the terms of the Contract.
1.5. The Contract is deemed to be concluded at the moment the Buyer confirms the order, i.e. when the Buyer has created a shopping cart and clicked "Pay for purchase". The Buyer is obliged to pay for the goods in the manner and within the time limits laid down in the terms of the Contract.
1.6. Elyndi.com is entitled to unilaterally amend and supplement the terms of the Contract. When the Buyer makes a purchase on the Website, the terms of the Contract in force at the time the Goods are ordered shall apply.
1.7. If the Buyer attempts in any way to harm the operation, stability or security of Elyndi.com, or otherwise fails to comply with the terms of the Contract, the Seller has the right to cancel the Buyer's registration or otherwise restrict their access to the Website.
- Subject of the Contract
2.1. Upon the Buyer's order placed in accordance with clause 2.2.2 of the Contract, Elyndi.com undertakes to sell and deliver, or hand over at its branch, the Goods available on the Website in accordance with the terms of the Contract.
2.2. The Buyer independently selects the Goods and orders and pays for them in accordance with the provisions of clauses 4 and 6 of the Contract, observing the following:
2.2.1. the Customer reviews the description and price of the Goods on the Website and whether the Goods meet their requirements;
2.2.2. the Customer selects the Goods that suit them and completes the order and payment in accordance with the terms of the Contract and the payment methods offered on the Website.
2.3. Elyndi.com shall deliver the goods ordered and paid for by the Buyer to the address specified in the Buyer's order in accordance with the terms of the Contract.
- Registration
3.1. Both registered and unregistered Buyers may shop at Elyndi.com.
3.2. To register at Elyndi.com, the Buyer must provide at least their first name, surname and email address and enter a password in the "My account" section of the Website. To log in again to their Buyer profile at Elyndi.com, the Buyer must enter the registered email address and password in the relevant fields.
3.3. When making a purchase at Elyndi.com, the Buyer must provide their first name, surname, delivery address for the goods, telephone number and email address.
3.4. After creating a password and completing registration, the Buyer undertakes to ensure that the password is not disclosed to third parties. The Buyer is responsible for any action they take on the Website when logged in with their password. If a third party uses the services provided by the Website by means of the Buyer's access details, Elyndi.com shall regard that person as the Buyer. If the password has come into the possession of third parties, the Buyer must change the password on the Website immediately.
3.5. By providing information about themselves, the Buyer authorises Elyndi.com, as the controller of personal data, to select, collect, organise and use all the information and data that the Buyer has provided directly or indirectly when registering and using the services of the Website.
3.6. The personal data provided by the Buyer will be processed in compliance with Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the laws and regulations of the Republic of Latvia governing the processing and protection of the personal data of natural persons, and the Elyndi.com Privacy Policy. When processing and storing Buyers' personal data, Elyndi.com will use organisational and technical measures to protect personal data against accidental disclosure, alteration or any other unlawful processing.
3.7. The Buyer's personal data will be used to identify the Buyer when issuing accounting documents, refunding overpaid amounts, administering debt obligations and performing other obligations arising from the Contract, and to enable the Buyer to use other Services of the Website.
3.8. The Buyer's personal data will be stored for no longer than is required for the specified purposes of data processing.
3.9. Elyndi.com undertakes not to disclose the Buyer's personal data to third parties, except to Elyndi.com partners that deliver goods or provide other services related to the fulfilment of orders, and to state institutions in the cases laid down by law.
3.10. The Buyer can find information on the processing of personal data in the Privacy Policy section of the Website.
3.11. The Buyer is fully responsible for the accuracy of the data entered in the registration form and of the data provided when making a purchase at Elyndi.com. If the Buyer has provided inaccurate or incorrect data in the registration form or when making a purchase, Elyndi.com shall not be liable for the inaccuracy of the data or for the consequences arising from it and is entitled to claim compensation for direct losses from the Buyer. The Buyer has the right at any time to correct, delete or supplement their personal data in their Elyndi.com profile, or to ask Elyndi.com to correct, delete or supplement the personal data in accordance with the Buyer's instructions, as provided for in the Privacy Policy.
3.12. The Buyer agrees that notifications necessary to provide information on the order, payment and delivery will be sent to the email address provided.
- Ordering Goods
4.1. To purchase Goods, the Buyer selects the desired Goods on the Website and adds them to the shopping cart by clicking the "Add to cart" button.
4.2. To place an order, the Buyer must take the following steps:
4.2.1 Select the Goods by adding them to the "Cart".
4.2.2. Once all the selected Goods have been placed in the "Cart", click the shopping cart icon in the top right-hand corner of the page and press the "View cart" button. The Buyer is then taken to the cart page, where they can review the order again, remove goods from the shopping cart, enter a coupon code if they have one, and choose the method of delivery/collection of the Goods.
4.2.3. The Buyer then clicks "Continue to checkout", which takes them to the Omniva Checkout order page.
4.2.4. After entering the requested data and checking that they are correct, the Buyer confirms the order by pressing the "Pay" button. Following this step, the order is confirmed and sent to the seller.
4.2.5. The Buyer pays for the Goods via an online banking link and confirms the payment to the Seller by pressing the "Back to merchant" button.
4.2.6. Once the Goods have been paid for, Elyndi.com sends an order confirmation to the email address provided by the Buyer.
4.3. When placing an Order, the Buyer undertakes to provide the accurate personal data required to fulfil the Order, the delivery address for the Order and contact details. If the data provided are inaccurate, the Order may not be fulfilled.
4.4. The Seller shall not be liable for the impossibility of fulfilling an order, or for any consequences arising from it, where this is caused by incorrect data having been submitted.
4.5. The Seller has the right to refuse to fulfil an order if there are doubts about the accuracy of the data submitted by the Buyer, and also in the event of conduct that does not comply with generally accepted principles.
- Use of Coupons
5.1. Discount coupons can be obtained from Elyndi.com shop announcements and on social media (Facebook and Instagram), received by email or SMS, and in online campaigns.
5.2. The code shown on a discount coupon can be used only once and only when shopping on the Website.
5.3. The following types of coupons can be used in the Elyndi.com shop:
5.3.1. coupons giving a percentage discount;
5.3.2. coupons giving a discount of a fixed amount.
5.4. Discount coupons cannot be combined and cannot be exchanged for cash.
5.5. The sale of discount coupons is prohibited.
5.6. Discount coupons are valid until the date indicated. Expired discount coupons cannot be exchanged for products sold on the Website, and they are neither extended nor compensated.
5.7. The coupon holder is responsible for the security of the information.
5.8. All discount coupons can be used to reduce the cart total on the Website only. Discount coupons cannot be combined, and other discounts applied on the Website do not apply to discount coupons.
5.9. Invalid, lost or otherwise damaged discount coupons (for example, where the coupon code is damaged and cannot be identified) are not compensated and their validity is not extended.
5.10. Discount coupons cannot be exchanged for other coupons and cannot be returned.
5.11. If you have any questions about a payment, please contact us immediately by email at hello@elyndi.com
- Prices of Goods and Payment Procedure
6.1. The prices of goods and services on the Website include taxes, including value added tax. The charge for delivery of the order (where applicable) is determined separately in accordance with the delivery charges shown on the Website.
6.2. The prices of goods on the Website are shown in EUR (euro). The settlement currency for all payments made through the payment processor Maksekeskus AS is EUR (euro).
6.3. The Buyer pays for the goods in the following ways:
6.3.1. via the bank links of banks in the Republic of Latvia – Swedbank, SEB, Nordea, Citadele.
6.3.2. in cash, if the ordered goods are collected in person at the Butterfly shop.
6.4. The Website uses the Omniva Checkout purchase window, which allows purchases to be completed online more quickly; payment is therefore made outside the online shop environment, in the secure payment environment of the service provider Maksekeskus AS.
6.5. Goods and services are charged at the price in force on the Website at the time the order is paid for. 6.6. Payment is deemed to have been made when the full amount of the payment has been received in the Seller's bank account.
- Delivery of Goods
7.1. When choosing a delivery method, the User undertakes to provide an accurate delivery address or the selected Omniva parcel locker. A User who chooses the delivery method "collection in store" undertakes to collect the goods within 7 calendar days; otherwise the order will be cancelled.
7.2. The goods may be delivered to the Buyer by Elyndi or its authorised representative.
7.3. The Buyer undertakes to accept the goods they have ordered from the courier.
7.4 The delivery charge in Latvia by Omniva parcel locker is EUR 3.50 (three euros and 50 euro cents).
7.5. Elyndi will do everything possible to ensure that the ordered goods are delivered as quickly as possible. The estimated delivery time may vary; any delays will be communicated.
7.5.1. Where an Omniva parcel locker is chosen as the delivery method, the Goods arrive at the parcel locker selected by the Buyer within 5 working days after the order confirmation has been sent to the Buyer's email address. The Buyer is informed of the arrival of the Goods at the parcel locker by a text message containing the door code, the location of the parcel locker, the return code and the storage period. Parcel lockers are open 24 hours a day. The Goods are kept in the parcel locker for 7 calendar days. After this period has expired, the Goods are sent back to the Seller. If the Buyer does not collect the Goods within the above period, the Buyer is obliged to reimburse the costs associated with resending the goods.
7.5.2. The Buyer is obliged to keep the text message referred to in clause 7.5.1 until the end of the 14-day return period.
7.6. If the Buyer is not present at the delivery address specified, the Seller or its authorised person has the right to hand the goods over to any other adult present at the specified address at the time of delivery, and the Buyer shall have no right to make any claim against the Seller regarding delivery of the goods to an inappropriate person.
7.7. If delivery of the goods to the Buyer is not possible through the fault of the Buyer or due to circumstances within the Buyer's control (the Buyer has provided an incorrect address, the Buyer is not present at the specified address, the specified address cannot be accessed, etc.), the goods will not be sent again and the order will be cancelled. In such a case, Elyndi refunds the Buyer only for the goods; the delivery charge is not refunded.
7.8. Upon receipt of the goods, the Buyer or their representative checks that the goods correspond to the order and signs the invoice, delivery note or other handover/acceptance document presented by the Elyndi representative at the time of delivery. By signing the invoice, delivery note or other handover/acceptance document, the Buyer or their representative confirms that the goods have been handed over in good condition. In all cases where an Elyndi representative delivers goods to the Buyer, if the packaging of the goods is crumpled, wet or otherwise damaged on the outside, the Buyer must note this in the confirmation of receipt of the consignment (write a comment) or draw up a separate report on such defects. The Buyer must do so in the presence of the courier. Elyndi shall not be liable for any defects in the goods that were apparent at the time of delivery but were not noted in the delivery confirmation.
7.9. If Elyndi is unable to contact the Buyer within 5 (five) working days of the order being placed, the order will be cancelled and Elyndi will refund the Customer only for the goods; the delivery charge is not refunded.
7.10. In an emergency where, owing to unforeseen circumstances, Elyndi is unable to deliver goods purchased on the Website, the Seller undertakes to offer a similar product. If the Buyer does not agree, the Seller shall refund the money paid by the Buyer as soon as possible, and in any event no later than within 30 (thirty) calendar days.
- Quality of Goods
8.1. The characteristics of all goods sold by Elyndi.com are set out in the product description of each item.
8.2. Elyndi.com goods are covered by the guarantee laid down in the relevant legislation.
8.3. If the goods do not conform to the terms of the contract, the Buyer is entitled to ask Elyndi.com to do one of the following:
1) remedy the non-conformity of the goods with the terms of the contract;
2) replace the goods with goods that conform to the terms of the contract;
3) reduce the price of the goods accordingly;
4) cancel the contract and refund to the Buyer the amount paid for the goods.
8.6. In the first instance, the Buyer is entitled to ask the Seller to remedy the non-conformity of the goods with the terms of the contract free of charge, or to replace the goods free of charge with goods that conform to the terms of the contract, unless this is impossible or disproportionate.
8.7. If it is not possible to remedy the non-conformity of the goods with the terms of the contract or to replace them free of charge with goods that conform to the terms of the contract, the Buyer is entitled to ask the Seller to reduce the price of the goods accordingly, or to cancel the contract and refund the amount paid for the goods. When reducing the price, or cancelling the contract and refunding the amount paid, the Seller may take into account the wear of the goods or the benefit the Buyer has derived from using the goods, as agreed between the contracting parties.
8.8. In the event of a minor non-conformity of the goods with the terms of the contract (one that does not significantly reduce the quality of performance of the main functions or the usability of the goods and can be remedied without causing visible changes to the external appearance of the goods) which cannot significantly affect the Buyer's ability to use the goods, the Buyer may not demand that the Seller cancel the contract and refund the amount paid for the goods.
8.9. The Buyer may submit objections and requests regarding the non-conformity of the goods with the terms of the contract to the Seller in writing, by submitting an application together with the goods and the payment and delivery documents for the purchase at Blaumaņa iela 9, Rīga, LV-1011.
8.10. The Seller shall examine the application/claim received within 15 (fifteen) calendar days and give a reply on the merits. If the Seller recognises the application/claim submitted by the Buyer as justified, the Seller shall, without delay from the date of receipt of the application/claim, take all the steps necessary to remedy the objections stated in the Buyer's application/claim.
- Right of Withdrawal and Return of Goods
9.1. If the Buyer is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases goods for a purpose not related to their business or professional activity), the Buyer (consumer) may exercise the right of withdrawal without giving any reason. In accordance with Cabinet of Ministers Regulation No. 255 of the Republic of Latvia "Regulations Regarding Distance Contracts", the Buyer has the right to withdraw from the purchase contract within 14 calendar days of delivery of the goods by submitting to Butterfly a notice of exercise of the right of withdrawal.
9.2. To exercise the right of withdrawal, the Buyer completes the request form on the returns portal here: RETURNS PORTAL.
9.2.1. The cost of returning or exchanging goods is borne by the customer and amounts to EUR 3.09.
9.2.2. The return parcel locker fee is deducted from the total amount to be refunded. This means that when you receive your refund, you will receive EUR 3.09 less than the original purchase price of the goods.
9.3. Upon receiving a withdrawal notice, the Seller shall immediately notify the Buyer of its receipt by sending an electronic notification to the email address given in the Buyer's withdrawal notice.
9.4. The Buyer is deemed to have complied with the withdrawal period (14 days) if the Buyer's notice of exercise of the right of withdrawal is sent to the Seller before the withdrawal period expires. In the event of a dispute, the Buyer must provide documentary evidence of when the right of withdrawal was exercised.
9.5. After sending the withdrawal notice, the Buyer shall send or deliver the goods back to the Seller at the address Blaumaņa iela 9, Rīga, LV-1011 without undue delay and no later than within 14 days. This deadline is deemed to have been met if the Buyer sends or delivers the goods back before the 14-day period expires.
9.6. Elyndi undertakes to refund to the Buyer the amount paid for the goods without undue delay and no later than within 14 days from the day on which it received the Buyer's notice of exercise of the right of withdrawal and the day on which the goods were returned.
9.7. If the Buyer exercises the right of withdrawal in good time, this Contract is terminated and the Seller shall refund to the Buyer the payments received from them to the bank account indicated in the withdrawal notice or, if the Buyer has not indicated a bank account number in the withdrawal notice, using the same means of payment as the Buyer used for the original transaction.
9.8. If, at the time of ordering the goods, the Buyer expressly chose to receive the goods by a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer's additional delivery costs.
9.10. The direct costs of returning the goods are borne by the Buyer. If, because of their nature, the goods cannot be sent back by post or via a parcel locker, the Buyer shall bear all costs associated with returning the goods.
9.11. The Buyer may exercise the right of withdrawal subject to the following conditions:
9.11.1. the returned item(s) must be in the original packaging;
9.11.2. the goods must not be damaged;
9.11.3. the goods have not been used, the shipping box has been kept and the goods have not lost their saleable appearance (labels still attached to the garment, protective films intact, etc.) (this does not apply to goods already damaged during delivery in respect of which the Buyer stated objections when confirming receipt of the goods);
9.11.4. the goods being returned must be in the same condition as they were in at the time of receipt.
9.12. The Seller has the right to refuse to accept returned goods if the deadlines for returning the goods have not been met.
9.12. The Buyer is responsible for preserving the quality and safety of the goods during the withdrawal period. The Buyer is liable for any reduction in the value of the goods if the goods have been used in a manner incompatible with the principle of good faith, including use for any purpose other than establishing the nature or functioning of the goods. The goods must be undamaged, must not have lost their appearance (labels not removed or damaged, protective films not torn off, etc.) and must be unused. The goods must be returned in their original packaging and complete as received, together with the proof of purchase, the delivery document and any other accessories supplied with the goods at the time of receipt. If the goods are incomplete, damaged, in poor condition or not properly packed, Elyndi has the right to refuse to accept the goods and not to refund to the Buyer the money paid for the goods.
9.13. The Buyer can find more detailed information about the right of withdrawal at: http://www.ptac.gov.lv
- Liability and Dispute Resolution
10.1. The Parties are liable to each other for losses caused to the other Party by the wilful misconduct or gross negligence of the Party at fault. The existence of losses must be proved by the Party claiming compensation for them.
10.2. Where losses arise, the party at fault shall compensate the other party for direct losses.
10.3. The Parties agree to settle any dispute or disagreement that may arise between them in connection with this Contract by mutual negotiation. If the dispute is not settled by negotiation within 30 (thirty) days, the dispute shall be resolved in accordance with the laws and regulations in force in the Republic of Latvia.
10.4. If the Seller considers the application/claim submitted by the Buyer to be unfounded and the Buyer does not agree that the application/claim is unfounded, or if the Buyer is not satisfied with the resolution of the dispute offered by the Seller, the Buyer has the right to use the alternative dispute resolution options provided for in the Consumer Rights Protection Law.
10.5. A Buyer who is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases goods for a purpose not related to their business or professional activity) may exercise and protect their legal rights as a consumer in accordance with the procedure laid down in the Consumer Rights Protection Law and related legislation.
10.5. The Seller shall not be liable if insignificant characteristics of the goods shown in images on the Website (actual size, nuances of shape or shade, etc.) do not correspond to the actual characteristics of the goods because of the screen settings of the device used by the Buyer, lighting or any other similar external circumstances.
10.5. The Seller shall not be liable for any delay in performing, or failure to perform, its obligations, or for any other non-performance, caused by circumstances and obstacles beyond the Seller's reasonable control, including but not limited to strikes, government orders, hostilities or a national state of emergency, threats of terrorism or acts of terrorism, environmental or climatic anomalies, non-performance by third parties, disruptions to internet connections, and failures of computer equipment and software. In the event of such force majeure circumstances, the Seller will endeavour to remedy any resulting delays as soon as possible.
- Other Provisions
11.1. Relations between the Buyer and the Seller are governed by the terms of the Contract and by the legislation of the Republic of Latvia.
11.2. In matters not covered by this Contract, the parties shall be guided by the legislation of the Republic of Latvia in force.
11.3. If any provision of this Contract ceases to be valid, this shall not affect the validity of the Contract.
11.4. By concluding the Contract, the Customer confirms that all the terms of the Contract are clear to them and that they accept them in full.
Distance Contract last updated:
16 August 2023