Terms and Conditions
Definitions used in the Terms and Conditions and their explanation:
Regulations – regulations, their amendments, supplements, which are published on Lotos Pharma website www.lotos-pharma.com
Seller – Lotos Pharma, SIA, reg. No. 40103638962, legal address: Pernavas street 1-39, Riga, LV-1012, telephone: +371 26 002 554, e-mail: office@lotos-pharma.com.
Buyer – capable natural or legal person (on whose behalf it’s authorized representative acts) who places the Order and pays for the ordered Goods on the website with or without registration.
Website – a site that can be found at: www.lotos-pharma.com, on which the Buyer has the opportunity to order Goods and pay for the ordered goods online, as well as to choose other types of payments, the desired delivery type of the Goods.
Online store – the Seller’s online store, where the Buyer can receive the goods specified in the Order on the site, if he/she has chosen the following method of receiving the Goods (free delivery of goods).
Goods – any goods displayed on the website, which the Buyer can order and purchase.
Food supplements – goods which are food supplements included in the Register of the Food and Veterinary Service of the Republic of Latvia. Before using food supplements, the Buyer must consider the following: “A food supplement is not a substitute for a healthy and balanced diet. Read the leaflet carefully! ”
Product price – the price indicated at the time of placing the Order next to the visual representation of each product and the description of the product, and for which the Buyer is entitled to purchase the specific product. The price of the Goods does not include the fee for the delivery of the Goods or the Buyer’s expenses for returning the Goods.
Order – the Buyer’s online order placed on the website www.lotos-pharma.com, in which the Buyer indicates: The Goods selected by the Buyer, the method of payment for the Order, the method of delivery of the Goods and the place of receipt of the Goods. The Order is fully fulfilled when the Buyer has received the Goods and made payment in full for the Goods specified in the Order and the selected method of delivery using one of the payment methods offered by the Seller.
Shopping cart – a virtual shopping cart that provides the Buyer with the opportunity to add or delete Products from the selected Product list before completing the Order. The availability of the goods included in the shopping cart is not guaranteed until the Order is fully completed.
Registered user – the Buyer who has chosen to register on the Website and agreed to the personal data processing by providing information in the form of the standardized questionnaire to ensure the Buyer’s identification in the Online Pharmacy, additional functionality on the Website not available to unregistered users and other benefits during further use of the website. A registered user may revoke his or her consent to the processing of personal data on the Website at any time by requesting the deletion of the registered account on the Website.
Loyalty Program Customer – Registered user who, by registering on the Website, has expressly agreed to receive the following information from the Seller and/or its partners: marketing offers, offers specially prepared for the Buyer, as well as information about various Sale campaigns and other offers. The registered user may change the content of the above offers on the Website at any time, in accordance with the offered options, or refuse to receive such information.
Order receipt – automatic notification to the Buyer from the Online Store system that the Buyer’s order on the Website has been accepted and its consolidation has been started, which is sent to the e-mail address specified by the Buyer.
Distance Contract – in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia, the contract concluded remotely between the Buyer and the Seller online, by which the Buyer has expressed a clear and unambiguous wish to purchase the Goods specified in the Order, but the Seller undertakes to deliver.
Right of withdrawal – the right of the Buyer (a natural person defined in the Consumer Rights Protection Law as “consumer”) to withdraw from the distance contract (from the goods or services ordered in the form of the distance contract) within a certain period (within 14 days from the date of delivery of the Goods) without giving any reasons).
Discount Coupon – the Buyer may be offered the opportunity to use the Coupon to obtain an additional discount during marketing campaigns, when placing the Order. The terms and duration of each coupon campaign are individually indicated on the printed coupon or in the digital communication. The buyer can enter the Coupon Code in the provided field in the shopping cart before placing the order. If the terms of the Coupon do not correspond to the contents of the Cart, its validity period has expired or it is not otherwise appropriate, the Buyer is informed about it with the visual warning.
SIA “Lotos Pharma” reserves the right to unilaterally change the terms of the campaign or terminate this campaign without prior notice.
1. General provisions
1.1. These Terms and Conditions provide the general Online store’s www.lotos-pharam.com terms and conditions of operation. The Terms and Conditions apply if the Buyer selects and purchases the goods and services offered in the Online Store or uses the services provided by the Online Store in any other way. Information on the processing of the Buyer’s personal data when using the Online Store is included in the Privacy Policy, which is available on the Website.
1.2. By using the Online Store Website in any way, the Buyer confirms that he/she has the right to shop in the Online Store, it complies with the definition of the Buyer specified in these Terms and Conditions.
1.3. The Seller has the right to change these Terms and Conditions at any time. The Terms and Conditions, their amendments or supplements are available on the Website and shall enter into force on the day of their publication, unless the Terms and Conditions provide otherwise.
1.4. If the Order has been accepted before the changes to the Terms and Conditions come into force, the Buyer shall be subject to the terms and conditions that were effective until the Order acceptance day, unless otherwise provided in the Terms and Conditions.
1.5. If the Buyer has not read and (or) does not fully or partially agree with the Terms and Conditions, then the Buyer will not be able to order the Goods in the Internet pharmacy. When placing the order in the Online Store, the Buyer shall be deemed to have read and agree to the Terms and Conditions, as well as to be informed about the processing of personal data by getting acquainted with the Privacy Policy.
1.6. Product prices in the online store are indicated in EUR with VAT, with the VAT rate applicable to each product.
1.6.1. The Seller, in accordance with the legislation of the Republic of Latvia, is entitled to change the prices of the Goods at any time, unless otherwise provided in the Terms and Conditions. The goods are sold to the buyer at the prices that are valid at the moment of full completion of the Order.
1.7. The Buyer can place Orders on the website of the Online Store both with and without registration.
1.7.1. If the Buyer wishes to become a Registered User, then it shall select button “Join” on the home page of the Website and fill in the required information in the section “New buyer registration”. After confirming the registration, the Buyer can provide additional (optional) information if he/she wants to receive personalized offers.
1.7.2. When registering, the Buyer can choose to receive information and offers from the Seller (and) or its partners. If the Buyer has chosen to receive such information, then such Registered User shall be considered the customer of the Loyalty Program in the context of these Terms and Conditions. Depending on the information the Buyer has chosen to receive, the Seller may send the Buyer information on sales of goods, promotional products, personalized offers based on the purchase history, information and offers from the Seller’s cooperation partners within the Loyalty Program.
2. Catalogue, goods, product prices
2.1. The images of the Goods on the website are for illustrative purposes only. The Goods actually delivered, or their packaging may differ from the ones on the images by their size or appearance, however, the Seller will do its best to avoid such differences or to minimize them.
2.2. Any information or content posted on the Website in any format, including, but not limited to, photographs and other visual materials, is the property of the Seller. Such content is protected by intellectual property rights in accordance with the legislation of the Republic of Latvia and the European Union. Any activity with this content, for any purpose, may be in violation of copyright or other laws. It is prohibited to use, sell, distribute, reproduce, create derivative works without the written consent of the Seller.
2.3. The Product price does not include the fee for the delivery of the Goods. The cost of delivery and/or other selected services is added to the Product price. The currently valid delivery fee is displayed to the Buyer when placing the Order, depending on the type and place of delivery.
3. Shopping cart
3.1. The shopping cart is created when the Buyer views the Product Catalogue and adds the selected items to the cart by pressing the button “ADD TO CART”. You do not place the Order by adding items to the shopping cart. The Buyer can change the content of the shopping cart by adding or deleting the Goods.
3.2. The Products can be searched on the Website by the Buyer using the offered search functions. Products can be selected according to various criteria, for example: Name, Manufacturer, Product Type, Category or Price.
3.3. When placing the Order on the Website, the Buyer must verify the correctness and/or accuracy of the provided information. Inaccurate, erroneously provided information may hinder or prevent the Seller from executing the Order.
3.4. The Buyer, after selecting the Goods in the Shopping Cart, shall press the button “CART” to place the Order, after which all the goods added to the Shopping Cart so far will be displayed. The Buyer shall press the button “CONTINUE” to start execution of the Order.
3.5. In cases when several Buyers have simultaneously placed the same product in the Shopping Cart, the number of available units of which is less than the number of the Buyers, it will be possible to place the order for those Buyers who will be the first to start and complete the Order. If the product placed in the Shopping Cart is sold out, then the website’s automated system will not allow you to complete the Order for this product and will visually warn the Buyer about changes in the Product List and the Order payment amount.
3.6. In cases when the Buyer has placed the product in the Shopping Cart, but has not yet started execution of the Order and the price of the product has changed in this time interval, the automated system of the website will visually warn the Buyer about changes in the Product list and Order payment amount.
4. Delivery types and delivery charges
4.1. The Buyer can choose one of the following delivery ways at placing the Order:
1) Free receipt in the Internet store – Marupe, Plienciema Street 16.
2) Delivery of Goods to “Omniva parcel machines” – receipt point of the Goods of the Seller’s cooperation partner, where the Buyer can receive the purchased Goods.
3) Delivery of the Goods to the Post Offices – receipt point of the Goods of the Seller’s cooperation partner, where the Buyer can receive the purchased Goods.
4) Delivery of Goods by Express Mail – receipt point of the Goods indicated by the Buyer, to which the Seller’s cooperation partner delivers the Goods.
5. Payment
5.1. The Buyer can pay for the Order in the following ways:
5.1.1. Bank transfer.
When paying by bank transfer, specify the following details in the payment order:
Recipient: SIA Lotos Pharma
Bank: AS “Swedbank”
Account: LV65HABA0551046337105
Bank code: HABALV22
Single reg. No.: LV40103638962
VAT reg. No.: LV40103638962
Please indicate only Order No. in the payment purpose.
5.1.2. Via Swedbank, SEB, Citadele Luminor – Nordea internet bank, Paysera account or Webmoney system.
5.1.3. VISA/MasterCard payment cards upon receipt of the Order in the store.
6. Order execution
6.1. The Order delivery and execution period depends on the chosen type of receipt of the Goods and the time when the Order is placed.
6.2. The Order shall be deemed accepted when the Buyer has made and fully completed the Order, as well as received the Order confirmation by e-mail.
6.3. The Buyer has chosen the Seller’s standard delivery method – free delivery, i.e. Receipt of the Goods in the Internet store (Riga, Plienciema Street 16). The Buyer can visit Online Store and receive the ordered Goods on working days from 9:00 to 17:00.
6.4. If the Buyer has indicated in the Order that he/she wants to receive the Goods via courier service, then:
6.4.1. the ordered goods will be delivered to the address specified in the Buyer’s Order. The Buyer cannot change the delivery address of the Goods after confirming the Order;
6.4.2. before the delivery of the Goods to the address indicated by the Buyer, the courier shall contact the Buyer to specify the place and time of delivery;
6.4.3. if the Buyer is not present at the address specified in the Order at the time agreed with the courier, the Seller shall not be liable for the delayed delivery of the Goods or non-delivery of the Goods;
6.4.4. if the delivery has started, but it was not fully feasible due to the fault of the Buyer or due to circumstances beyond the control of the Buyer (for example, indication of the incorrect delivery address), then payment for this delivery service will not be refunded to the Buyer.
6.5. If the Buyer has indicated in the Order that he/she wants to receive the Goods in one of the “Omniva parcel machines”, “Post Offices” or other Goods receipt points available at the Order placement, then the Buyer can go to receive purchased Goods upon receipt of the informative SMS message about the availability of the Order at the respective receiving point.
6.6. The Seller is not liable for delivery delay by courier service providers, regardless of the reasons or circumstances that caused it.
7. Receipt of goods
7.1. The Buyer receives the delivered goods in a cardboard box or other protective outer packaging.
7.2. Supporting document – invoice, is prepared and sent to the Buyer, regardless of the type of payment or delivery, in electronic form to the e-mail address specified in the Order. The electronic invoice is valid without a signature. By placing the Order, the Buyer agrees to receive the purchase invoice electronically.
7.3. Upon receipt of the Product from the Seller, the Buyer needs to name the unique identification number of the Order.
7.4. The Buyer may receive the ordered Goods from the Seller personally or it’s authorized person. The authorized person is the one who knows the unique Order number.
8. Pharmaceutical consultations
8.1. The buyer is entitled to receive and to request a free consultation of the pharmacist on working days from 9:00 to 17:00.
8.2. The buyer can receive consultation in the following ways: 1) by phone +371 29241049; 2) by e-mail – konsultacijas@lotos-pharma.com; 3) using the online correspondence functionality offered to the Buyer on the Website.
9. Quality of goods and responsibility for goods storage
9.1. The expiration date of the Goods and the manufacturer are indicated on the packaging of the Goods.
9.2. When opening the packaging of the Goods (cardboard box), the Buyer is obliged to check whether the Goods specified in the Order have been delivered and whether the ordered type and number of the Goods have been delivered, whether the Goods are not defective or otherwise damaged The Buyer must also check the appearance of the Goods, packaging of the Goods for the damages.
9.3. Upon receipt of the Goods, the Buyer is responsible for maintaining the quality and safety of the Goods during the period of exercising the right of refusal. To exercise the right of refusal, the Goods must be unused, undamaged and in their original appearance (with unremoved and undamaged labels, with protective layers, etc.). The Buyer is responsible for the decrease in the value of the Goods if the Goods have been used for the not intended purpose.
9.4. The Buyer must carefully read the information on the Product label or the Product packaging before using the Goods, as well as to get acquainted with the Product leaflet.
10. Right of refusal
10.1. The right of refusal is the right of the Buyer to refuse the Goods within 14 days from the date when the Buyer or a third party specified by the Buyer has received the Goods in accordance with the procedure for exercising the right of refusal.
10.2. The exercise of the right of refusal is possible if the Buyer has kept the document confirming the purchase, which must be submitted to the Seller together with the purchased Product.
10.3. The Buyer may exercise the right of refusal if the product has visual defects that have occurred during delivery or if the product is defective.
10.4. To exercise the Right of Refusal, the Buyer must notify the Seller by sending e-mail to veikals@lotos-pharma.com or by calling +371 24246799, as well as fill in the Product Return Form, which can be found at https://www.avemed.lv/precu-piegade-atgriesana/. Upon receipt of the completed Return Form, the Seller notifies the Buyer that it has received the refusal, as well as informs about the decision or the date of the decision.
10.5. If the Buyer and the Seller agree on the return of the Goods to the Seller, then the Buyer is obliged to hand over the Goods to the Seller within 14 days after sending the Return Form to the Seller, handing them over to the online store Avemed.lv, Plienciema Street 16, Marupe, LV-2167. The Buyer shall bear the costs related to the return and delivery of the Goods.
10.6. The Seller shall refund to the Buyer the payments received from the Buyer, including delivery costs, if any, in connection with the return of the Goods – Delivery by Courier, within 30 days from the date the Seller receives the Return Form completed by the Buyer (decision on contract withdrawal) and when the Seller has received the Goods refused by the Buyer. The Seller shall repay the said amount to the Buyer by transferring to the Buyer’s bank account.
10.7. If the Seller and the Buyer have agreed on the return of the goods, the Seller is entitled to withhold the refund until the receipt of the Goods from the Buyer.
11. Consumer’s claim for a non-compliant Product
11.1. The Buyer, who is considered the consumer in accordance with the Consumer Rights Protection Law, is entitled to file a claim to the Seller regarding the non-compliance of the Product with the provisions of the contract within 2 years from the date of purchase of the Product. Such claim must be submitted to the Seller within two months from the day when the Buyer has discovered the non-compliance of the Product with the provisions of the contract. The day of purchase of the Product shall be the day when the Seller has handed over and the Buyer has accepted the respective Product.
11.2. For more information on consumer rights in cases when the sold product does not comply with the provision the contract read Chapter VII of the Consumer Rights Protection Law “Consumer Claims”.
11.3. If the Seller acknowledges the Buyer’s claim as justified, the Seller shall exchange the incorrect or damaged Goods upon mutual agreement with the Buyer on the procedure of the Goods exchange.
12. Restrictions on the use of the food supplements
12.1. Taking into account that the assortment of the Goods includes food supplements registered in the Republic of Latvia, the Buyer must take special care and carefully read the leaflet of the food supplements registered in the Republic of Latvia.
12.2. Each food supplement has the warning in accordance with the effective legislation of the Republic of Latvia: “Food supplement does not replace healthy and balanced diet!” In case of any questions, the Buyer must carefully read the leaflet before the use of the food supplements, as well as is entitled to receive free advice from a pharmacist (see Section 8 of the Terms and Conditions).
13. Limitation of liability and force majeure
13.1. The Buyer shall be liable for any damages caused to the Seller by violating these Terms and Conditions.
13.2. The Seller shall not be liable for any loss or damage incurred by the Buyer due to non-timely delivery or delay of delivery of the Goods or if the delivery of the Goods is delayed or postponed due to bad or unforeseen weather conditions.
14. Distance contract conclusion, duration of the Distance contract
14.1. By confirming the Order, the Buyer hereby clearly and unequivocally confirms that he/she has agreed to enter into and has concluded the Distance Contract in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia, that he/she undertakes to fulfil the Distance Contract obligations, and indicates that the Buyer is capable natural person or legal entity with legal capacity who is aware that he or she has the necessary financial resources to pay for the ordered Goods.
14.2. If the Buyer is under 18 years, he/she confirms that he/she has informed his/her legal representative who has agreed to conclude the Distance Contract and, if necessary, his/her legal representative will undertake the obligations of the concluded Distance Contract.
14.3. The distance contract is concluded when the Buyer has fully paid for the ordered Goods.
14.4. In case of the distance contract, the Buyer is responsible for maintaining the quality and safety of the Product during the period of exercising the right of withdrawal. The Buyer must keep the original packaging of the Product so that the Product is not mechanically damaged externally and that it does not suffer from the adverse effects of external conditions.
14.5. The distance contract is considered concluded when the Buyer has made the payment (the payment has been confirmed by the Buyer’s bank).
14.6. The Distance Contract is valid for as long as the obligations arising from the Distance Contract are fulfilled.
15. Dispute resolution
15.1. All disputes that will arise between the Buyer and the Seller, or that will arise in connection with the purchase of Goods in the Online Store, the Parties will solve through mutual negotiations or correspondence to reach the mutually beneficial and acceptable solution.
15.2. If the dispute cannot be solved through negotiations or correspondence, the Parties shall resolve the dispute in the court of the Republic of Latvia in accordance with the regulatory enactments of the Republic of Latvia. Disputes between the Buyer (consumer) and the Seller may be submitted to the Consumer Rights Protection Centre or court of the Republic of Latvia.
16. Examination of complaints, proposals, and suggestions
16.1. The buyer can send suggestions, proposals and complaints to the e-mail address veikals@lotos-pharma.com.