Terms of Use

Contents

Terminology used in the Terms

1. General terms of use of the Online pharmacy

2. Product catalogue. Prices of Products

3. Distance contract

4. Placing the Order

4.1. General rules for preparation of the Order application

4.2. Shopping cart

4.3. Delivery method, delivery time limits and delivery fee of Products

4.4. Payment terms

5. Order execution

6. Advice on using the Online pharmacy and products

7. Monitoring the use of over-the-counter medicines and food supplements

8. Warranty and right of withdrawal

9. Limitations of liability and force majeure

10. Dispute resolution

11. Use of language

Terminology used in the Terms:

Terms – these Terms of use of the Online pharmacy.

Seller – AS SENTOR FARM APTIEKAS, reg. No. 55403012521, legal address: Mūkusalas iela 41b, Riga, LV-1004, telephone: 67617805, e-mail: info@menessaptieka.lv.

Buyer – a natural person who places an Order in the Online pharmacy and pays for the ordered Products. It is not possible to purchase goods for legal persons.

Online pharmacy – the Seller's structural unit “Kamēlijas aptieka”, licence: APN-082/8, the address of the place of pharmaceutical activity of which is: Brīvības iela 74-26, Riga, LV-1011, e-mail: info@menessaptieka.lv, and which carries out activities of the Online pharmacy on the basis of the type of special activity registered in its special permit (licence) for the opening (operation) of a general type pharmacy – “distribution of over-the-counter medicines via a website”. Virtual website of the Online pharmacy, where the Buyer can order the Products (online): www.e-menessaptieka.lv.

Pharmacy – any Seller's pharmacy where the Buyer can receive the Products ordered in the Online pharmacy, if the Buyer has chosen to receive the Products specified in the Order in the Pharmacy.

Product catalogue – a list of products placed in the Online pharmacy, in which the products are systematized according to their intended use or application.

Products – any products which are included in the Product catalogue of the Online pharmacy and which the Buyer can order and purchase.

Over-the-counter medicines – a group of products that can be purchased in the Online pharmacy – over-the-counter medicines registered in the Medicinal Product Register of Latvia of the State Agency of Medicines of the Republic of Latvia, which the Buyer can buy without a doctor's prescription.

Food supplements – a group of products that can be purchased in the Online pharmacy – a Food supplement registered in the Register of Food Supplements of the Food and Veterinary Service of the Republic of Latvia.

Product price – the price which is indicated at the time of placing the Order in the Online pharmacy next to the visual representation of each Product and the description of the Product and for which the Buyer has the right to purchase this Product. The Product price does not include the cost of delivery of the Products or the Buyer's expenses incurred when he/she returns the Products.

Order application – the Order application prepared in the Online pharmacy by the Buyer, in which the Buyer has indicated: the selected Products; Order delivery method; place of receipt of the Order; Order payment method. Preparation of the Order application is considered complete if the Buyer has indicated the above options and confirmed them by clicking the “Complete the order” button in the Order application preparation window.

Order – the Order application approved by the Seller. The Order application may be adjusted if it is established that any of the Products specified in the Buyer's Order application is not available at all or is not available in the amount specified by the Buyer.

Shopping cart – a virtual shopping cart, in which the Buyer is free to add the selected Products or delete them. Deletion of the Products from the Shopping cart is possible only until the Buyer has completed placing the Order and pressed the “Complete the order” button in the Order application preparation window.

Registered user – the Buyer who is registered in the Online pharmacy, who has filled in the information about himself/herself requested in the registration form, so that the Online pharmacy can identify this Buyer and ensure the execution of the Order. The Registered user has the opportunity to apply for various additional benefits and advantages (hereinafter referred to as special offers) when shopping in the Online pharmacy.

Acceptance of the Order application – the Seller's confirmation of the acceptance of the Buyer's Order application and commencement of Order picking, for which an automatic notification of the acceptance of the Order application is sent to the Buyer by e-mail (if the Buyer has indicated a mobile phone, the confirmation is also sent to the mobile phone).

Order confirmation – the Seller's confirmation of the completion of the Buyer's Order picking, for which an automatic notification of the system is sent to the Buyer by e-mail (if the Buyer has indicated a mobile phone, the confirmation is also sent to the mobile phone). Simultaneously with the confirmation of the Order, the Seller provides information about the delivery of the Order.

Distance contract – a contract concluded remotely between the Buyer and the Seller in accordance with regulatory enactments in the field of consumer rights protection, by which the Buyer has expressed a clear and unambiguous wish to purchase the Products specified in the Order application, and the Seller has confirmed that it will deliver the Products specified in the Order application to the Buyer to the delivery place specified by the Buyer.

Right of withdrawal – the Right of withdrawal is the right of the Buyer (a natural person who is considered a “consumer” in accordance with the regulatory enactments in the field of consumer rights protection) to withdraw from the Products within 14 days from the day of receipt of the Products in accordance with the procedure for exercising the Right of withdrawal specified in the Terms.

1. General terms of use of the Online pharmacy:

1.1. These Terms determine legal relations between the Seller and the Buyer when ordering the Product in the Online pharmacy, as well as legal relations between the Seller and the Buyer when the Buyer participates in the Seller's loyalty programme aimed at building long-term legal relations between the Buyer and the Seller based on the Seller's individualized approach, giving the Buyer the opportunity to promptly receive information about the Seller's special offers.

1.2. The Terms have been developed and the legal relations between the Seller and the Buyer are regulated in accordance with the regulatory enactments in force in the Republic of Latvia.

1.3. The Seller has the right to amend and clarify the Terms at any time by publishing the relevant changes in the Online pharmacy and indicating the date of the last change. Any changes made to the Terms take effect within 5 working days after their publication, except for the legal situation specified in Clause 1.4 of the Terms.

1.4. If the Seller has confirmed the Buyer's Order before the changes to the Terms come into force, the Terms in the version in force at the time of accepting the Order application are applied to the Buyer.

1.5. The Buyer can order the Products both as a Registered user and without registration.

1.6. If the Buyer wants to become a Registered user, the Buyer must select the “Register” button on the home page of the Online pharmacy and fill in the required information. The Buyer has the opportunity to delete himself/herself as a Registered user at any time by selecting the option “Delete profile” in the “My profile” section or by informing the Seller thereof by sending a notification to the e-mail address:  info@menessaptieka.lv. The Seller has the right to delete the Registered user's profile on the website if the Buyer has not visited it (entered the system) for at least 12 months.

1.7. If the Buyer wants to receive special offers from shopping in the Online pharmacy, then when registering, the Buyer makes a mark (by ticking) in the field “I want to receive news in my e-mail”. The Buyer has the right to refuse to receive offers to the e-mail or mobile phone number specified by the Buyer, using the Registered user's profile or informing about his/her wish by clicking on the relevant hyperlink in the received e-mail/mobile phone message, or sending a separate e-mail to the Seller email address: info@menessaptieka.lv.

1.8. The Seller takes appropriate measures to ensure that the Buyer's personal data are secure and processed in compliance with the requirements specified in the regulatory enactments in the field of personal data protection. The Seller has established rules regarding the processing of personal data – the Privacy Policy, which provides information regarding the processing of personal data by the Seller. The Privacy Policy is available at: https://www.e-menessaptieka.lv/privatuma-politika.

2. Product catalogue. Prices of Products:

2.1. The images of the Products placed in the Online pharmacy are for illustration and informational purposes only. The photo of the Product or the Product packaging may differ from the actual size, appearance of the Product or the Product packaging.

2.2. The Product catalogue, descriptions of Products, photos of Products and other data located in the Online Pharmacy are the property of the Seller and the Seller owns the author's property rights and personal copyrights to any information posted in the Online Pharmacy. Copying, reproducing, republishing, transferring to third parties, modifying or otherwise using any information or photos in the Online pharmacy without the permission of the Seller as owner is prohibited, for which the infringer is liable to cover all damages caused to the Seller.

2.3. The Seller sells the Products, which are designed in accordance with the requirements specified in the regulatory enactments regarding the product packaging and labelling.

2.4. The Product is sold according to the price indicated in the Online pharmacy at the Product.

2.5. At the time when the Buyer has completed the preparation of the Order application, the Buyer will be bound by the Product prices, which were presented in the Online pharmacy at the time of preparation of the Order application. Except for the legal situation specified above, the Seller has the right to change the prices of the Products at any time (in accordance with the provisions of the regulatory enactments).

2.6. All prices of the Products are indicated with value added tax (hereinafter referred to as VAT), depending on the VAT rate for each of the Product groups.

2.7. The Product price does not include the cost of delivery of the Product. The delivery fee is applied in addition to the Product price, and the delivery fee for the Product depends on the delivery method chosen by the Buyer.

3. Distance contract:

3.1. The Buyer is aware that following persons have the right to order the Products in the Online pharmacy:

3.1.1. a legally capable natural person;

3.1.2. a legally capable legal person;

3.1.3. a minor, but not younger than 14 years, who has informed his/her legal representative about ordering the Products in the Online pharmacy, and the legal representative has given consent to enter into the Distance contract, as well as the legal representative will assume the obligations of the concluded Distance contract.

3.2. By confirming the Order application, the Buyer confirms to the Seller that he/she has expressed a clear and unambiguous wish to purchase the Products specified in the Order application, and by confirming the Order application, the Seller undertakes to deliver the Products specified in the Order application, and the Parties confirm that such an agreement is a Distance contract in accordance with the regulatory enactments governing the field of consumer rights protection.

3.3. 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, ensure that the Product and the Product packaging are not externally mechanically damaged and that the Product is stored in the storage conditions specified in the description of the Product.

3.4. The Distance contract between the Buyer and the Seller shall be deemed concluded at the time when the notification on the confirmation of the Order is received from the Seller.

3.5. The Distance contract is valid for as long as the obligations arising from the Distance contract shall be fulfilled.

4. Placing the Order:

4.1. General rules for preparation of the Order application:

4.1.1. The Buyer prepares the Order application in compliance with the procedures specified in Clauses 4.2–4.4 of the Terms and the options provided.

4.1.2. When placing the Order, the Buyer is responsible for the correct entry of data. The Buyer must check the data entered and make sure that he/she has provided correct and accurate information. Execution of the Order depends on the accuracy of the information entered by the Buyer.

4.1.3. Preparation of the Order application is considered complete if the Buyer has selected the Products and placed them in the Shopping cart, specified the delivery method for the Products and payment terms and has confirmed these choices by clicking the “Complete the order” button in the Order application preparation window.

4.1.4. The Seller confirms the fact of receipt of the Order application by sending a notification to the Buyer by e-mail (if the Buyer has indicated a mobile phone, the confirmation is also sent to the mobile phone).

4.2. Shopping cart:

4.2.1. The Shopping cart is created when the Buyer makes a selection of the Products, chooses them and adds them to the Shopping cart. The Buyer may change the content of the Shopping cart at any time by adding new Products or removing Products that he/she does not wish to purchase until the Buyer clicks the “Complete the order” button in the Order application preparation window.

4.2.2. You can search for Products in the Online pharmacy using the offered search functionality (searching by various search parameters):

4.2.2.1. name of the Product;

4.2.2.2. Product category;

4.2.2.3. by entering a keyword that describes the Product you are looking for in the “search” field, for example: “headache” .[1]

4.2.3. Due to the fact that several Buyers make purchases in the Online pharmacy at the same time, the number of Products in the Online pharmacy may be limited. The Buyer will be informed about the availability of the selected Products and the number of Products before completion of placing the Order – by clicking the “Complete the order” button in the Order application preparation window. In case of unavailability of the Products or the desired number of Products, the following message will appear: “Sorry, not available right now”. The Buyer has the opportunity to return to the preparation of the Order application in order to continue shopping and, at the Buyer's choice – to select other available Products or to continue the preparation of the Order application.

[1] By entering the search word in the search field and pressing the “Enter” key on the keyboard, the system will select the Products by the words entered by the Buyer, displaying the search results for all Products related to the search keyword.

4.3. Delivery method, delivery terms and delivery fee of Products:

4.3.1. When preparing the Order application, the Buyer can choose one of the following delivery methods of Products:

4.3.1.1. Delivery by Courier;

4.3.1.2. Delivery to the “Circle K” fuel station (hereinafter referred to as the “Circle K” fuel station);

4.3.1.3. Delivery to a parcel locker of Latvijas Pasts.

4.3.2. The delivery area, delivery terms and delivery fee depend on the delivery method of the Products.

The Buyer can change the address of the place of delivery of the Products until the Order application preparation is completed in full – before the “Complete the order” button is pressed in the Order application preparation window.

4.4. Payment terms:

4.4.1. When preparing the Order application, the Buyer has the opportunity to choose the desired payment method.

4.4.2. The Seller provides the following payment methods:

[3] Place of delivery of the Order – any address chosen by the Buyer, located within the city available in the “Delivery” menu of the Order application preparation section, where the Buyer can easily receive the Products and where the Buyer can be met (home address, place of work or other place specified by the Buyer).

The Seller is not liable for any delay in the delivery of courier services or other service providers related to the delivery, regardless of the circumstances that caused the delay in the delivery.

Deliveries to parcel lockers of Latvijas Pasts may be delayed due to the workload of the postal service provider.

[4] In case the Buyer chooses to pay for the Order using the online payment services offered in the Online pharmacy or by money transfer, the Order shall be deemed accepted (confirmed) from the time the Seller receives the payment.

5. Order execution:

5.1. After accepting the Order application, the Seller ensures the Order picking. If the Seller finds that any of the Products specified in the Buyer's Order application are not available at all or are not available in the amount specified by the Buyer, the Seller picks the Order according to the available Products and notifies the Buyer of the adjustments made in the Order application by sending a notification to the Buyer by e-mail (if the Buyer has indicated a mobile phone, the confirmation is also sent to the mobile phone), and refunds to the Buyer the money paid for them if the Buyer has paid for the Products which the Seller cannot deliver.

5.2. The Seller ensures that the Order is executed as follows:

5.2.1. The ordered Products are packed in a cardboard box (outer packaging);

5.2.2. A waybill – invoice for the Products is attached to the outer packaging, showing the following information:

5.2.2.1. all ordered Products with their names;

5.2.2.2. the price of each Product and, in the case of several items of the Product, the total amount of this Product;

5.2.2.3. the total purchase amount for the Products and delivery.

5.3. The waybill – invoice for the Products is prepared electronically and this document is valid without a signature.

5.4. The Buyer is informed about the delivery of the Order to the Delivery Place selected by the Buyer in the following ways:

5.5. The Buyer can receive the Product

5.6. Upon receipt of the Products, the Buyer is obliged to open the outer packaging of the Order and make sure that the Products ordered by the Buyer have been delivered (including the ordered number of the Products has been delivered) and that no visual defects or other damages can be detected.

5.7. If the Buyer finds that the ordered Products have been delivered and the Products are free of visual defects, the Buyer confirms the fact of receipt of the Products – the execution of the Order. The method of acknowledging receipt of the Products depends on the type of receipt of the Products:

5.8. In case the Products, which the Buyer has not ordered (including the Order has been picked inaccurately), have been delivered to the Buyer or visual defects or other damages are detected, the Buyer sends a notification to the Seller to the Seller's e-mail address: info@menessaptieka.lv, describing the nature of the claim. The Buyer and the Seller agree to resolve the situation.

5.9. If the Buyer has not withdrawn the Order or due to the fault of the Buyer it is not possible to transfer the Order to the Buyer, the Seller proceeds as follows:

6. Consultations on the use of the Online pharmacy and the Products:

6.1. The Seller ensures that the Buyer can receive a telephone consultation on the use of the Online pharmacy, the execution of the Order application and the Products available in the Product catalogue.

6.2. Consultations on the use of the Online pharmacy and the execution of the Order application can be obtained by calling: 67332273, on working days, from 9:00 to 17:00;

6.3. Consultations on the Products available in the Product catalogue and their use (pharmacist's consultation) can be obtained by calling: 8555, on working days, from 9:00 to 17:00.

7. Monitoring the use of Over-the-counter medicines and Food supplements:

7.1. Considering that the Buyers can purchase Over-the-counter medicines (without a doctor's prescription) in the Online pharmacy and the Buyers use them for self-medication purposes, as well as the Buyers can buy Food supplements in the Online pharmacy, taking care of the health and safety of the Buyers, the following methods of informing the Buyers are provided in the Internet pharmacy in order to promote the prudent use of Over-the-counter medicines and Food supplements:

7.1.1. Each Product, which belongs to the category of Over-the-counter medicines, is marked by the warning inscriptions, which are specified in the regulatory enactments of the Republic of Latvia – OVER-THE-COUNTER MEDICINE. BEFORE YOU TAKE THE MEDICINE, READ THE INSTRUCTION CAREFULLY AND TALK TO YOUR DOCTOR OR PHARMACIST ABOUT TAKING THE MEDICINE! IMPROPER USE OF MEDICINES IS HARMFUL TO HEALTH!

7.1.2. Each Product, which belongs to the category of Over-the-counter medicines, contains a brief description of the specific medicine – composition, instruction for use, purpose of use, restrictions on use, precautions, etc.

7.1.3. Each Product, which belongs to the category of Food supplements, is marked by the warning inscriptions, which are specified in the regulatory enactments of the Republic of Latvia – FOOD SUPPLEMENT! FOOD SUPPLEMENT DOES NOT REPLACE A COMPLETE AND BALANCED NUTRITION!

7.2. The Buyer must take special care and carefully read and follow the instructions for use of Over-the-counter medicines and the description of use of Food supplements registered in the Republic of Latvia.

8. Warranty and Right of withdrawal:

8.1. A Warranty is a promise by a manufacturer or a seller to refund the amount paid for the Product to the Buyer (consumer), to exchange the Product for a corresponding Product or to remedy the non-conformity of the Product or perform other actions free of charge if the Product does not comply with the description provided in the warranty or advertisement.

8.2. Exercise of the warranty rights is possible if the Buyer has retained the document confirming the purchase, which shall be submitted to the Seller together with the purchased Product.

8.3. The Right of withdrawal is the right of the Buyer (a natural person who is a “consumer” in the context of the Consumer Rights Protection Law) to withdraw from the Product within 14 days from the day of receipt of the Product in accordance with the procedure for exercising the Right of withdrawal specified in these Terms.

8.4. The Buyer may not exercise the Right of withdrawal:

8.4.1. if the term for the exercise of the Right of withdrawal specified by law has not been complied with;

8.4.2. if the Buyer has opened the packaging of the Products and/or the packaging is damaged, the Product cannot be returned for health and hygiene reasons, especially with regard to medicines, food supplements, foodstuffs, hygiene products, cosmetics;

8.4.3. in respect of products for immediate consumption, products that perish quickly or are quickly used up, including medicines, food supplements, hygiene products (eg compression stockings and tights, elastic bands, medical belts) and cosmetics;

8.4.4. if the Buyer has purchased over-the-counter medicines, medical supplies and food supplements that require certain storage conditions (humidity, light, temperature and other restrictions).

8.5.  In order for the Buyer to exercise the Right of withdrawal, the Buyer notifies the Seller of the exercise of the Right of withdrawal. The Buyer may notify the Seller of the exercise of the Right of withdrawal by filling in the return form at https://www.e-menessaptieka.lv or by using the form “Application for the exercise of the Right of withdrawal” developed by the Seller:  https://api.e-menessaptieka.lv/media/file/a7/e1/veidlapa.pdf (pielikums).

8.6. Upon receipt of the notification on the exercise of the Right of withdrawal, the Seller notifies the Buyer that it has received the notification, as well as informs about the decision made or the time of the decision.

8.7. The Buyer is obliged to hand over the Products to the Seller without delay, but no later than within 14 days after sending (transferring) the notification on the exercise of the Right of withdrawal to the Seller, handing them over to the Pharmacy where the Buyer received the Products or sending them by post to the following address: AS SENTOR FARM APTIEKAS, “Kamēlijas aptieka”, Brīvības iela 74, Centra rajons, Riga, LV-1011. The Buyer must bear the costs related to the return and sending of the Products.

8.8. The Seller refunds to the Buyer the payments received from the Buyer, except for additional costs incurred due to the Buyer's choice of delivery method other than the cheapest standard delivery method offered by the Seller, within 14 days from the day when the Seller has received from the Buyer a notification of exercise of the Right of withdrawal (decision to withdraw from the Distance contract), provided that the Seller has received back the Products from which the Buyer refuses or the Buyer has provided confirmation that the Products have been sent back. The Seller refunds the said amount to the Buyer by transfer to the bank account specified by the Buyer.

9. Limitations of liability and force majeure:

9.1. The Seller does not assume the responsibility of the manufacturer of the Products and is not liable to the Buyer for the impact of the use of the Products on the health, safety and life of the Buyer.

9.2. The Buyer is liable for any damages caused by him/her to the Seller in violation of these Terms.

9.3. In cases when the delivery of the Order is delayed or postponed due to bad or unforeseen weather conditions, the Seller is not liable to the Buyer for any loss or damage caused to the Buyer due to non-timely delivery of the Products or delay in delivery.

10. Dispute resolution:

10.1. Both Parties shall endeavour to resolve their disputes that will arise between the Buyer and the Seller or in connection with the purchases of Products in the Online pharmacy by mutual negotiation or correspondence within one month with a view to reaching a mutually beneficial and acceptable solution.

10.2. If the dispute cannot be resolved by mutual negotiation or correspondence, the Parties resolve the dispute in a court of the Republic of Latvia in compliance with the regulatory enactments of the Republic of Latvia. Disputes between the Buyer (consumer) and the Seller may be referred to the Consumer Rights Protection Centre or a court of the Republic of Latvia.

11. Use of language:

11.1. The Distance contract is concluded and its execution is performed in the state (Latvian) language.

11.2 For information purposes, the Order Application and the Terms are also available in the following foreign languages: Russian and English