Terms of service

Distance Contract

This agreement is concluded between SIA “ELYNDI”, 41203051814, legal address: Riga, Klijānu street 10, LV-1013, hereinafter – Elyndi.com or Seller and a natural or legal person, hereinafter – Buyer, who purchases goods, hereinafter – Goods or uses other offered by the Seller services, hereinafter - Service On the website www.elyndi.comhereinafter – Website

1. General terms

1.1. Elyndi.com is the owner of the Website and related rights, which within its economic activity, according to this Agreement, hereinafter referred to as the Agreement, offers and sells Goods and provides Services to the Buyer.

1.2. Elyndi.com provides information available on the Website about Goods and Services and sells Goods/provides Services according to the terms outlined below, as well as provides Customer Service. By accessing or using the Website, the Buyer confirms that they have read, understand, and agree to comply with the terms of the Agreement without limitations or conditions.

1.3. If the Buyer purchases the Goods offered on the Website via the Internet, such mutual agreement is considered a Distance Contract and is subject to the legal norms regulating Distance Contracts, including but not limited to, the European Parliament and Council Directive 97/7/EC on consumer protection in relation to distance contracts, Law of the Republic of Latvia „Consumer Rights Protection Law”, Regulations of the Cabinet of Ministers of the Republic of Latvia „Distance contract terms”.

1.4. Buyer - a capable person who has registered and places an order on the Website. Minors aged 14 to 18 use Elyndi.com services only with the permission of a parent or guardian, except in cases where they have their own income. By registering on the Website, the Buyer confirms that they are capable and authorized to shop on the Website in accordance with the terms of the Agreement.

1.5. The Agreement is considered concluded at the moment the Buyer confirms the order: the Buyer has created a shopping cart and clicked on "pay for purchase". For the Buyer is obliged Agreement pay for the goods in the manner and within the terms provided in the terms.

1.6. Elyndi.com is entitled to unilaterally amend and supplement the terms of the Agreement. When the Buyer makes a purchase on the Website, the terms of the Agreement in effect at the time of ordering the Goods apply.

1.7. If Buyer attempts in any way to harm the operation, stability, security of Elyndi.com, or otherwise does not comply Agreement terms, Seller has the right to cancel Buyer's registration or otherwise restrict access Website.

1. Subject of the Agreement

2.1. Elyndi.com, upon the Customer's order made in accordance with Clause 2.2.2 of the Agreement, undertakes to sell and deliver or issue at the branch the Products available on the Website, in accordance with the terms of the Agreement.

2.2. The Customer independently selects the Products and places orders and makes payments for the Products in accordance with the provisions of Clause 4 and Clause 6 of the Agreement, observing the following:

2.2.1. The Customer familiarizes themselves with the Product description, price, and its compliance with their requirements on the Website;

2.2.2. The Customer selects the appropriate Product and completes the order and payment in accordance with the terms of the Agreement and the payment methods offered on the Website.

2.3. Elyndi.com will deliver the goods ordered and paid for by the Customer to the address specified in the Customer's order in accordance with the terms of the Agreement.

1. Registration

3.1. Shopping on Elyndi.com can be done by both registered and unregistered Customers. 

3.2. To register on Elyndi.com, For the Buyer section of the Website "My Account" at least the first name, last name, and email address must be specified, as well as a password must be entered. To log in again to the Elyndi.com site in the specific Buyer's in the profile, For the Buyer the registered email and password must be entered in the appropriate fields.

3.3. When making a purchase on Elyndi.com, For the Buyer it is mandatory to enter your first name, last name, delivery address, phone number, and email.

3.4. After creating a password and completing registration, the Customer undertakes to ensure that the password is not disclosed to third parties. The Customer is responsible for any actions taken on the Website using their password. If a third party uses the services provided by the Website using the Customer's access data, Elyndi.com considers this person to be the Customer. If the password has come into the possession of third parties, the Customer is obliged to immediately change the password on the Website.

3.5. By providing information about themselves, the Customer grants Elyndi.com, as the data controller, the right to select, collect, systematize, and use all the information and data that the Customer has directly or indirectly provided when registering and using the services of the Website. 

3.6. The personal data provided by the Customer will be processed in accordance with the European Parliament and Council Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as the regulatory acts of the Republic of Latvia governing the processing and protection of personal data, and Elyndi.com Privacy PolicyWhen processing and storing Customer personal data, Elyndi.com will use organizational and technical means to ensure the protection of personal data from accidental disclosure, alteration, or other unlawful data processing.

3.7. The Buyer's personal data will be used to identify the Buyer, issue accounting documents, refund overpaid amounts, administer debts, fulfill other obligations arising from the Agreement, as well as to provide the Buyer with the opportunity to use other Services of the website.

3.8. The Buyer's personal data will be stored no longer than required by the specified data processing purposes.

3.9. Elyndi.com undertakes not to disclose Buyer's personal data to third parties, except for Elyndi.com partners who provide product delivery or other services related to order fulfillment, as also to state institutions in cases specified by regulatory enactments.

3.10. Information about the processing of Personal Data can be obtained by the Buyer in the Privacy Policy section of the website. 

3.11. Buyer is fully responsible for the accuracy of the data provided in the registration form, as well as for the accuracy of the data provided when making a purchase on Elyndi.com. If Buyer in the registration form or, when making a purchase, provided inaccurate or incorrect data, Elyndi.com is not responsible for the inaccuracy of the data and the resulting consequences and is entitled to request from Buyer's compensation for direct losses. For the Buyer has the right at any time to correct, delete, or supplement personal data in their Elyndi.com profile or request Elyndi.com correction, deletion, or supplementation of personal data according to Buyer's instructions in accordance with the Privacy Policy.

3.12. Buyer agrees that notifications necessary for providing order, payment, and delivery information will be sent to the specified email.

1. Product ordering

4.1. To make Pproduct purchase, Buyer, On the website select the desired Product and add it to the shopping cart by clicking the "Add to Cart" button.

4.2. To place an order For the Buyer the following actions must be performed:

4.2.1 Choose Pitem or Pitems, adding tās "Cart."

4.2.2. After all selected Pafter placing items in the "Cart," click on the shopping cart icon in the upper right corner of the page and press the "View Cart" button. Buyer is redirected further to the cart page, where it is possible to again review the order, dzremove items from the shopping cart and enter a coupon code if available, kas well as choose the method of delivery/receipt of the Product. 

4.2.3. Furtherk Buyer clicks "Continue to Checkout," which leads to the Omniva Checkout order processing page.

4.2.4. After entering the requested data and verifying its accuracy, the Buyer confirms the order by pressing the "Pay" button. After this action, the order is confirmed and sent to the seller.

4.2.5. The Buyer makes the payment for the Product using an internet banking link and confirms the payment to the Seller by pressing the "Back to Merchant" button.

4.2.6. After payment for the Product, Elyndi.com sends an order confirmation to the email address provided by the Buyer.

4.3. The buyer undertakes to provide accurate personal data necessary for the order, the delivery address, and contact information at the time of placing the order. Inaccurate data may result in the order not being fulfilled.

4.4. The seller is not responsible for the impossibility of fulfilling the order and any resulting consequences due to submitted but incorrect data.

4.5. The seller has the right to refuse to fulfill the order if there are doubts about the accuracy of the data submitted by the buyer, as well as in cases of behavior that does not comply with generally accepted principles.

1. Use of coupons

5.1. Discount coupons can be obtained from Elyndi.com store announcements, social media (Facebook and Instagram), received via email or SMS, as well as in online campaigns.

5.2. The code specified on the discount coupon can be used only once and only when shopping on the website.

5.3. The Elyndi.com store offers the following types of coupons:

5.3.1. coupons that provide a percentage discount;

5.3.2. coupons that provide a specific amount of discount.

5.4. Discount coupons do not accumulate and are not exchanged for cash.

5.5. It is prohibited to sell discount coupons.

5.6. Discount coupons are valid until the specified date. Discount coupons with an expired validity date are not exchanged for products sold on the website, their validity is not extended, and they are not 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 only on the website. Discount coupons do not accumulate, and other discounts applied on the website do not apply to discount coupons.

5.9. Invalid, lost, or otherwise damaged discount coupons (e.g., the coupon code is damaged and cannot be identified) are not compensated, and their validity period 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 payment, please contact us immediately by sending an email to hello@elyndi.com

1. Product prices and payment procedures

6.1. Product and service prices on the website are indicated with taxes, including value-added tax. The delivery fee (if applicable) is determined separately according to the delivery fees indicated on the website.

6.2. Product prices on the website are indicated in EUR (euro). All payments made through the payment processor Maksekeskus AS are in EUR (euro).

6.3. The buyer pays for goods in the following ways:

6.3.1. using links from banks of the Republic of Latvia – Swedbank, SEB, Nordea, Citadele.

6.3.2. in cash, if the ordered item is picked up in person at the Butterfly store.

6.4. The Omniva Checkout purchase form is used on the Website, allowing for faster online purchases, therefore the payment is made outside the Internet store environment, in the secure payment environment of the service provider Maksekeskus AS.

6.5. The price for goods and services is applied as valid on the Website at the time of order payment. 6.6. Payment is considered made when the full payment amount is received in the Seller's bank account.

1. Delivery of goods

7.1. The User, when choosing the delivery method, undertakes to provide an accurate delivery address or the chosen Omniva parcel terminal station. The User, when choosing the delivery method - store pickup - undertakes to collect the product within 7 calendar days, otherwise, the order will be canceled.

7.2. The goods can be delivered to the Buyer by Elyndi or its authorized representative.

7.3. The Buyer undertakes to accept the ordered goods from the courier.

7.4 The delivery fee in Latvia via Omniva parcel terminal is 3.50 EUR (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 possible delivery time may vary, and any delays will be reported.

7.5.1. By choosing Omniva parcel terminal as the delivery method, the Product will arrive at the Buyer's chosen parcel terminal within 5 working days after the order confirmation is sent to the Buyer's email address. The Buyer will be informed of the Product's arrival at the parcel terminal via an SMS notification containing the door code, parcel terminal location, return code, and storage period. Parcel terminals are open 24 hours a day. The Product is stored in the parcel terminal for 7 calendar days. After this period, the Product is sent back to the Seller. If the Buyer does not collect the Product within the aforementioned period, the Buyer is obliged to reimburse the costs associated with resending the product.

7.5.2. The Buyer is obliged to keep the SMS notification mentioned in point 7.5.1. until the end of the 14-day return period.

7.6. If the Buyer is not present at the specified delivery address, the Seller or its authorized person has the right to hand over the goods to any adult person present at the specified address at the time of delivery, and the Buyer has no right to make any claims to the Seller regarding delivery to an inappropriate person.

7.7. If delivery to the Buyer is not possible due to the Buyer's fault or circumstances dependent on the Buyer (the Buyer has provided an incorrect address, the Buyer is not present at the specified address, the specified address is inaccessible, etc.), the goods will not be resent, and the order will be canceled. In such a case, Elyndi will refund the Buyer only for the product, but the delivery fee will not be refunded.

7.8. Upon receiving the goods, the Buyer or their representative checks the compliance of the goods with 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 delivered in good condition. In all cases where the Elyndi representative delivers the goods to the Buyer, if the packaging of the goods is crumpled, wet, or otherwise damaged from the outside, the Buyer must indicate (write a comment) in the delivery receipt or write a separate report on such defects. The Buyer must do this in the presence of the courier. Elyndi is not responsible for such defects in the goods that were apparent at the time of delivery but were not indicated in the delivery confirmation.

7.9. If Elyndi fails to contact the Buyer 5 (five) working days If contact with the Buyer is not established within the time since the order was placed, the order is canceled, and Elyndi refunds the Buyer only for the product, but the delivery fee is not refunded.

 7.10. In an emergency situation where Elyndi cannot deliver the goods purchased on the website due to unforeseen circumstances, the Seller undertakes to offer a similar product. If the Buyer disagrees, the Seller will refund the Buyer's payment as soon as possible, but no later than 30 (thirty) calendar days.

1. Product quality

8.1. The characteristics of all products sold by Elyndi.com are indicated in the product description for each item. 

8.2. Elyndi.com products are subject to the warranty specified in the relevant legislation.

8.3. In the case of goods not complying with the contract terms, the Buyer is entitled to request that Elyndi.com perform one of the following actions:

1) rectify the non-compliance of the goods with the contract terms;

2) exchange the goods for those that would ensure compliance with the contract terms;

3) reduce the price of the goods accordingly;

4) cancel the contract and refund the amount paid for the goods to the Buyer.

8.6. First, the Buyer is entitled to request the Seller to rectify the non-compliance of the goods with the terms of the contract without compensation or to exchange them for goods that comply with the contract terms without compensation, except when it is impossible or disproportionate.

8.7. If it is not possible to rectify the non-compliance of the goods with the terms of the contract or to exchange them for goods that comply with the contract terms without compensation, the Buyer is entitled to request that the Seller either reduce the price of the goods accordingly or cancel the contract and refund the amount paid for the goods. When reducing the price or canceling the contract and refunding the amount, the Seller may take into account the depreciation of the goods or the benefit the Buyer has gained from using the goods, as agreed by the contracting parties.

8.8. In the case of minor non-compliance of the goods with the contract terms (it does not significantly reduce the quality of the main function performance or usage properties of the goods and can be remedied without causing visually noticeable changes to the external appearance of the goods) and those that cannot significantly affect the Buyer's ability to use the goods, the Buyer cannot demand that the Seller cancels the contract and refunds the amount paid for the goods.

8.9. The Buyer can express objections and requests regarding the non-compliance of the goods with the contract terms to the Seller in writing, submitting the application and the goods along with the purchase payment and delivery documentation at Blaumaņa iela 9, Rīga, LV-1011.

8.10. The Seller reviews the received application/complaint within 15 (fifteen) calendar days and provides a substantive response. If the Seller acknowledges the Buyer's submitted application/complaint as justified, the Seller immediately takes all necessary actions from the day of receipt of the application/complaint to address the objections mentioned in the Buyer's application/complaint.

1. 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 purchasing goods for purposes not related to their economic or professional activity), then the Buyer (consumer), without providing any justification, can exercise the right of withdrawal. In compliance with the conditions of the Cabinet of Ministers Regulation No.255 “Regulations on Distance Contracts” of the Republic of Latvia, the Buyer has the right within 14 calendar days from the moment of delivery of the goods, withdraw from the purchase agreement by submitting a Butterfly application for exercising the right of withdrawal.

9.2. To exercise the right of withdrawal, the Buyer fills out the return portal application here: RETURN PORTAL.

9.2.1. The costs of returning or exchanging goods are covered by the customer - amounting to 3.09 EUR.

9.2.2. The return locker fee is deducted from the total refundable amount. Therefore, upon receiving the refunded money, you will receive 3.09 EUR less than the original purchase price of the item.

9.3. Upon receiving the withdrawal application, the Seller immediately notifies the Buyer of its receipt by sending an electronic notification to the email address indicated in the Buyer's withdrawal.

9.4. It is considered that the Buyer has complied with the withdrawal period (14 days) if the Buyer's application for exercising the right of withdrawal is sent to the Seller before the end of the withdrawal period. In case of dispute, the Buyer is obliged to documentarily prove the term of exercising the right of withdrawal.

9.5. After sending the withdrawal application, the Buyer sends or delivers the goods back to the Seller at the address: Blaumaņa iela 9, Rīga, LV-1011 without undue delay, but no later than 14 days. This term is considered met if the Buyer sends or delivers the goods back before the end of the 14-day period.

9.6. Elyndi undertakes to refund the amount paid by the Buyer for the goods without undue delay, but no later than 14 days from the day of receiving the Buyer's withdrawal application and the day of returning the goods.

9.7. If the Buyer exercises the right of withdrawal in a timely manner, this Agreement is terminated and the Seller refunds the payments received from the Buyer to the account specified in the withdrawal application or using the same payment method used by the Buyer for the initial transaction, if the Buyer has not specified an account number in the withdrawal application.

9.8. If the Buyer clearly expressed a desire to receive the goods using a delivery method other than the cheapest standard delivery offered by the Seller at the time of ordering, the Seller is not obliged to refund the Buyer's additional delivery expenses.

9.10. The direct costs of returning the goods are covered by the Buyer. If the goods cannot be returned by mail or parcel due to their nature, the Buyer covers all costs associated with returning the goods.

9.11. The Buyer can exercise the right of withdrawal under the following conditions:

9.11.1. The returned goods must be in their original packaging;

9.11.2. The goods must not be damaged;

9.11.3. The goods have not been used, the shipping box is preserved, and the commercial appearance is intact (labels attached to the clothing, security films, etc.) (this does not apply to goods already damaged upon delivery, for which the Buyer has noted objections upon receipt confirmation);

9.11.4. The goods to be returned must be in the same condition as they were at the time of receipt.

9.12. The Seller has the right to refuse to accept the return of goods if the deadlines for returning the goods were not observed.

9.12. The Buyer is responsible for maintaining the quality and safety of the goods during the withdrawal period. The Buyer is liable for any decrease in the value of the goods if they have been used in a manner inconsistent with the principle of good faith, including for purposes other than determining the nature or functioning of the goods. The goods must be undamaged, retain their appearance (labels not removed or damaged, protective films not torn, etc.), and unused. The goods must be returned in their original packaging, in the same configuration as received, and must include the purchase document, delivery document, and any accessories that were attached at the time of receipt. If the goods are incomplete, damaged, untidy, or not properly packaged, Elyndi reserves the right to refuse the goods and not refund the Buyer for the amount paid.

9.13. For more detailed information about what the right of withdrawal is, the Buyer can visit the website at: http://www.ptac.gov.lv

1. Liability and Dispute Resolution

10.1. The Parties are liable to each other for losses caused to the other Party due to the malicious intent or gross negligence of the liable Party. The existence of losses must be proven by the Party requesting compensation.

10.2. In the event of losses, the liable party compensates the other party for direct losses.

10.3. Any dispute or disagreement that may arise between the Parties regarding this Agreement will be resolved through mutual negotiations. If the dispute is not resolved through negotiations within 30 (thirty) days, the dispute will be resolved in accordance with the applicable laws of the Republic of Latvia.

10.4. If the Seller deems the Buyer's submitted application/claim unfounded, and the Buyer disagrees with the recognition of the application/claim as unfounded, or if the Buyer is not satisfied with the Seller's proposed resolution of the dispute, the Buyer has the right to use the alternative dispute resolution options specified 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 purchasing a product for purposes not related to their economic or professional activity) has the opportunity to exercise and protect their legitimate consumer rights in accordance with the procedure specified in the Consumer Rights Protection Law and related regulatory acts. 

10.5. The Seller is not responsible for discrepancies in the non-essential properties of goods shown in website images (actual size, shape, or tone nuances, etc.) compared to the actual properties of the goods due to the screen parameters, lighting, or any other similar external conditions of the Buyer's device.

10.5. The Seller is not responsible for delays in fulfilling obligations or non-fulfillment due to circumstances and obstacles beyond the Seller's reasonable control, including but not limited to strikes, government orders, acts of war or national emergencies, threats or acts of terrorism, environmental or climate anomalies, non-fulfillment by third parties, internet connection disruptions, as well as damage to computer equipment and software. In such cases of force majeure, the Seller will attempt to resolve the delays as soon as possible.

1. Other terms

11.1. The relationship between the Buyer and the Seller is governed by the terms of the Agreement and the laws of the Republic of Latvia.

11.2. In matters not covered by this Agreement, the parties will be guided by the applicable laws of the Republic of Latvia.

11.3. If any provision of this Agreement becomes invalid, it does not affect the validity of the Agreement.

11.4. By entering into the Agreement, the Client confirms that all the terms of the Agreement are clear and he fully accepts them. 

Distance contract last updated:

August 16, 2023