Terms and conditions

Distance agreement  

This contract is concluded between SIA CCLM, registration No 44103146586, registered office at Lielupes iela 4, Staļģene, Jaunsvirlaukas pag., Jelgavas nov., LV-3031 (hereinafter - Seller) and a natural or legal person (hereinafter - Buyer) who purchases goods (hereinafter - Goods) on the website www.digimart.lv, hereinafter - Website. SIA CCLM provides the content available on www.digimart.lv and sells the Goods in accordance with the terms set out below.

1. General Terms

1.1 If the Buyer purchases the Goods via the Website, such mutual agreement shall be deemed to be a Distance Contract and shall be subject to the laws of the Republic of Latvia governing distance contracts, including but not limited to the "Consumer Rights Protection Law" of the Republic of Latvia, the Regulations of the Cabinet of Ministers of the Republic of Latvia "Regulations on Distance Contract", etc.

1.2 The Seller shall provide the information available on the Website about the Goods and shall sell the Goods and provide the Customer Service in accordance with the terms set out below.

1.3 Buyer - a person with legal capacity who places an order and/or registers on the Website. Minors 17 years of age (inclusive) shall purchase goods on the Website only with the permission of a parent or guardian. By confirming the Terms at the time of purchase, the Buyer confirms that he/she has the legal capacity and the right to make purchases on the Website in accordance with the terms of this Agreement.

1.4 The Seller shall be entitled to unilaterally amend and supplement the terms of the Contract. The terms of the Contract applicable to the Buyer's purchases on the Website shall be those in force at the time of ordering the Goods.

1.5 If the Buyer attempts in any way to interfere with the operation, security, stability or otherwise to breach the terms of the Website, the Seller shall be entitled to cancel the Buyer's registration and/or purchase or otherwise restrict access to the Website.

1.6 The Contract shall come into force at the time when the Buyer has confirmed the order or the Buyer has selected the shopping basket and clicked on "pay for purchase" and has ticked "read the terms of use and privacy policy". The Buyer is obliged to pay for the Goods in the manner and within the time limits set out in the Contract, otherwise the Order will be cancelled.

2. Ordering the Goods

2.1 The Seller undertakes to sell and deliver or issue the Goods available on the Website in the Unit (warehouse) in accordance with the terms of the Contract.

2.2 The prices and specifications of the Goods offered in the Online Shop are set out on the Goods Card.

2.3 To place an order, the Buyer shall add the selected Goods to the shopping cart, fill in all the necessary contact fields and select the delivery method. The total cost of the order, including delivery costs, is then displayed on the screen. To complete the order, the Purchaser must pay for the purchase by selecting one of the payment methods offered.

2.4 The Seller undertakes to 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, using the services of logistics partners.

2.5 The Seller shall have the right to refuse to execute the Order in the event of any doubt as to the accuracy of the data provided by the Buyer or in the event of conduct that is not in accordance with generally accepted principles.

3. Payment Terms

3.1 The currency of payment on the Website shall be EUR (Euro). The prices of the goods on the Website are inclusive of taxes, including value added tax (VAT). The Customer may pay for his order using any of the payment options offered. Online banking payments: Paysera, Swedbank, SEB, Luminor, Citadele, and Revolut. Visa/Mastercard payments

3.2 The data used by the Buyer to log in electronically to the payment system shall be stored only on the payment site chosen by the Buyer and shall not be passed on to the Seller.

3.3 If for any reason the Order cannot be fulfilled, the Buyer will be notified and payment will be refunded as soon as possible, but no later than 5 working days after the notification.

3.4 The price for the Goods shall be the price shown on the Website at the time of payment for the Order.

3.5 Payment on delivery (neither cash nor bank card) cannot be made at the Seller's warehouse.

4. Registration

4.1 Both registered and unregistered Customers may shop on the Website.

4.2 To register on the Seller's Website, the Buyer must provide his/her name, surname, e-mail address, telephone number and password in the "My Account" section of the Website. Optionally, a delivery address may also be provided. In order to re-enter the Seller's Website under a particular Buyer's profile, the Buyer must enter the Buyer's registered e-mail address and the password created in the relevant fields.

4.3 When making a purchase on the Website, the Buyer is obliged to provide his name, telephone number, delivery address and e-mail address.

4.4 The Buyer is responsible for any action taken by him on the Website when logging in with his password and is also responsible for not disclosing his password to third parties. In the event that the password is in the possession of third parties, the Buyer is obliged to change the password on the Website immediately. If the Goods are purchased on the Website by a third party using the Buyer's access data, the Seller shall treat that third party as the Buyer.

4.5 The Buyer authorises the Seller, as data controller, to select, store, organise and use all data and information provided directly or indirectly by the Buyer when registering and using the Website Services.

4.6 The Purchaser is fully responsible for the accuracy of the data provided in the Registration Form and for the accuracy of the data provided. If the Buyer has provided inaccurate or incorrect data in the registration form or when making the purchase, the Seller shall not be liable for the incorrectness of the data and the consequences thereof and shall be entitled to claim compensation for direct damages from the Buyer.

4.7 The Buyer shall have the right to correct, delete or supplement the personal data in its Website profile or to request the Seller to correct, delete or supplement the personal data at any time.

5. Delivery Terms

5.1 Delivery shall be made within the territory of Latvia, Lithuanian and Estonia. The Seller delivers the goods using the logistics services of its partners (Omniva, Ekspress Pasts, DPD, Venipak). Collection of goods at the office in Liepājas iela 3B, Riga, Latvia is free of charge.

5.2 The exact delivery costs shall be quoted before the order is confirmed.

5.3 The purchased Goods, if they are in the Seller's warehouse, shall be delivered to the address specified by the Buyer within 1-3 working days, depending on the chosen delivery method.

5.4 The User undertakes to specify the exact delivery address or the selected parcel station when selecting the delivery method.

5.5 The Seller will use its best endeavours to ensure that the Goods purchased by the Buyer are delivered as soon as possible. In the event of an extension of the delivery time, the delay will be notified.

5.6 If the Buyer is not present at the specified delivery address, the Seller or its authorised person shall be entitled to deliver the goods to any other person of legal age present at the specified delivery address, but the Buyer shall not be entitled to make any claim against the Seller for delivery of the goods to an unsuitable person.

5.7 If delivery of the goods to the Buyer is not possible due to the Buyer's fault or circumstances beyond the Buyer's control, e.g. the Buyer has provided an incorrect address, the address provided cannot be accessed, etc., the goods shall not be re-sent and the order shall be cancelled. In such a case, the Seller shall refund the Buyer only for the goods, but the delivery charge shall not be refunded. If the Seller fails to contact the Buyer within 5 (five) working days of placing the order, the order shall be cancelled and the Seller shall refund the Buyer the price of the Goods only and the delivery charge shall not be refunded.

5.8 The Buyer agrees to accept the Goods ordered from the courier.

5.9 In the event that, due to unforeseen circumstances, the Seller is unable to deliver the 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, but no later than within 14 (fourteen) calendar days.

6. Processing of the Buyer's personal data

6.1 The Website processes only the personal data provided by the Buyer when ordering the Goods, such as name, surname, e-mail address, etc.

6.2 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 and the laws and regulations of the Republic of Latvia regulating the processing and protection of personal data and the Seller's Privacy Policy.

6.3 The Seller will use organisational and technical means to process and store the personal data of the Buyers which will ensure the protection of personal data from accidental disclosure, alteration or other unlawful processing.

6.4 The Personal Data provided by the Buyer will be used for the purposes of ensuring delivery of the Goods, providing personal data to the transport service provider(s), identifying the Buyer, reimbursing overpayments, accounting, administering debts and performing other obligations under the Contract.

6.5 The Buyer's personal data will be kept for no longer than required by the stated purposes of the data processing.

6.6 The Buyer agrees that notifications necessary for the provision of payment, order and delivery information will be sent to the email address provided by the Buyer.

6.7 The Seller may from time to time contact the Buyer with information about the Seller's services and latest offers where the Buyer has expressly agreed to receive marketing communications from the Seller, including newsletters. For this purpose, the Seller may use the email address provided by the Buyer when signing up for marketing communications. The Buyer may opt-out of marketing communications by contacting the Seller or by using the unsubscribe form at the bottom of the email message.

7. Right of withdrawal

7.1 The Buyer, being a natural person, shall have the right to withdraw from the Goods within 14 calendar days of receipt of the Goods without giving any reason. The period for exercising the right of withdrawal expires after 14 days from the date of receipt of the goods.

7.2 If the Buyer has ordered several Goods in one order, which are delivered separately, the period for exercising the right of withdrawal shall be from the date on which the Buyer or a third party other than the carrier designated by the Buyer has received the last Good. In the case of Goods delivered in several lots or instalments, the time limit for exercising the right of withdrawal shall be from the date on which the last lot or instalment of Goods is received by the Buyer or by a third party other than the carrier designated by the Buyer. If the expiry date falls on a public holiday, the right of withdrawal shall be exercisable up to and including the working day following the expiry date.

7.3 In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Contract by sending or submitting an appropriate written notice in free form (WORD format; PDF format) containing the Buyer's notice of withdrawal from the Contract or by completing a withdrawal form.

Withdrawal Form (click here to download)

7.4 The notice of withdrawal from the Contract or the withdrawal form shall be submitted electronically by e-mail to: info@digimart.lv.. Upon receipt of the Buyer's notice electronically, the Seller shall, within 2 working days, send the Buyer an acknowledgement of receipt of the notice to the Buyer's e-mail and information on what to do next.

7.5 If the Buyer withdraws from the Contract, the Seller will refund all monies paid for the Goods (excluding delivery costs) without undue delay and in any event not later than 14 days from the date on which the Seller has received the returned Goods.

7.6 If only part of the Goods are returned, the delivery charges shall be refunded only if the remaining Goods of the same order would, if purchased separately, have been charged at a lower rate than the rate charged if purchased together with the Goods being returned and only to an extent equal to the difference in the rates specified.

7.7 The Seller shall transfer the amounts to be refunded to the bank account specified in the Buyer's notice of withdrawal from the Contract or in the withdrawal form.

7.8 The Buyer shall immediately, but not later than within 14 (fourteen) days after submitting or sending to the Seller the withdrawal form or notice of exercise of the right of withdrawal, return or hand over the Goods to the Seller at the office address Liepājas iela 3B, Riga, on working days 9:00-18:00 (by prior arrangement) or to a person authorised by the Seller to accept the Goods. The deadline will be deemed to have been met if the Buyer returns or sends the Goods to the Seller before the end of the 14 (fourteen) day period. The Buyer shall bear the cost of returning the Goods.

7.9 The Seller shall be entitled to withhold repayment of any monies due to the Buyer until the Goods have been received by the Seller.

7.10 The Buyer shall be liable for any depreciation in the value of the Goods if the Goods are used for any purpose other than ascertaining the nature, characteristics and performance of the Goods during the exercise of the right of withdrawal. The Goods shall be used for the purpose of examination to the extent that it would be possible to do so in the shop.

8. Warranty

8.1 If the purchased Goods are defective - they do not function as stated in the manufacturer's warranty - the Buyer has the right to request warranty service

8.2 The warranty is valid for 24 months from the date of delivery of the product for individuals and 12 months for legal entities. This provision does not reduce the warranty period for Legal Persons provided by the Manufacturer after 12 months by a service centre authorised by the Manufacturer or the distributor (hereinafter referred to as Service). The Product may be subject to a Manufacturer's warranty which may be longer than that specified herein.

8.3 The Buyer's subjective assessment of the Goods, their characteristics or performance (like, dislike) cannot be used to conclude that the Goods do not meet the requirements of the Contract and that a Warranty Event has occurred. For example, the Goods looked a different colour on the computer screen, the actual size of the Goods is not liked, etc.  

8.4 The warranty is valid only if the buyer can produce proof of purchase (proof of purchase / bill of sale) and has used the product in accordance with the manufacturer's instructions and the warranty terms.

8.5 The customer's name and other contact details may be passed on to the Warranty Service Centre for the purpose of viewing and responding to requests.

8.6 The manufacturer's warranty is void:

8.6.1 If you attempt to independently repair the product or make unauthorised repairs, including tampering with the manufacturer's warranty seal or serial number.

8.6.2. If the product is used for industrial or professional purposes, unless specifically authorised by the manufacturer.

8.6.3. if the product is damaged due to improper use, e.g. not following the manufacturer's instructions, incorrect assembly or installation, or use in conditions not specified in the instructions for use (e.g. unsuitable temperature or humidity levels).  
8.6.4 Damage caused by natural disasters (e.g. floods, fires, storms) or environmental factors (e.g. soot, fumes).

8.6.5. Damage caused by foreign matter, such as liquids or insects, entering the product.

8.6.6 Use of non-certified power supplies, accessories, spare parts or materials.

8.6.7 Damage caused by inadequate telecommunications or cabling, substandard voltage supply or rapid temperature changes.

8.6.8 Failure to carry out routine maintenance or to remove problems such as limescale deposits.

8.6.9 Further damage caused by failure to replace worn parts in a timely manner.

8.6.10 The warranty does not cover natural wear and tear, including the end of life of batteries and other consumable components.

8.7 If the warranty is void and the customer refuses a chargeable repair, the customer must bear the cost of diagnosis. The service centre will issue a damage report. If the customer agrees to the chargeable repair, the diagnostic costs are waived. Full payment for the repair work must be made before the repair work is started.

8.9 Before the occurrence of a Warranty Event, the product shall be diagnosed in order to exclude cases where the defect does not comply with the warranty requirement and to ascertain the type, cost and provisional duration of the repairs required  

8.10. If the diagnostic examination reveals that the defects in the Goods are not covered by the Warranty, the Seller may charge the Buyer for the cost of the diagnostic examination in accordance with the price list of the Authorised Repairer whose services are used by the Seller.

8.11 If the Buyer wishes to avail of the Warranty Service, it must contact the Seller or contact directly the official Authorised Warranty Service of the manufacturer of the Goods on its own. The Seller uses only the manufacturer's Authorised Service Centres for the repair service, therefore, in order to save the Buyer's time and to speed up the repair process, it is more cost effective, faster and more convenient to take the Goods directly to the manufacturer's Authorised Service Centres.

8.12 All information contained in the device accepted for warranty repair (including SIM card and contacts, memory card and photos, gallery, calendar entries) may be deleted and permanently destroyed during the diagnostic process.

8.13 The customer is responsible for making a backup copy of the data, removing and storing the SIM and memory card, and will not be liable for the cost of data loss or restoration.  

8.14. Failure to collect the goods within 3 (three) months of notification of the end of the inspection-repair may result in the goods being disposed of.

8.15. In order for CCLM Ltd. to process a warranty application, the following actions are required:

8.15.1. A sample form can be downloaded here, completed by hand or completed electronically and printed.

8.15.2 The Customer must deliver the completed application form together with the goods to the office of CCLM SIA in Riga, Liepājas iela 3b. 

8.16.The duration of the warranty processing is up to 30 calendar days. 

8.17. In exceptional cases, if the Goods are sent to the manufacturers' warranty service centres in another country, the warranty service process may be longer.

8.18. For the examination of the Warranty Application, it is necessary to deliver the Goods for diagnostics to the office of SIA "CCLM" in Riga, Liepājas iela 3b.

9. Dispute resolution

9.1 In all situations not covered by these Terms and Conditions, the Buyer and the Seller agree to comply with the laws and regulations of the Republic of Latvia.

9.2 Any disputes arising between the Seller and the Buyer shall be settled by mutual negotiation or correspondence.

9.3 If any disagreement cannot be resolved by negotiation or communication, the Parties agree to settle it in the courts of the Republic of Latvia in accordance with the laws and regulations of the Republic of Latvia.

9.4 Disputes between the Buyer (consumer) and the Seller may be brought before the Consumer Rights Protection Centre or a court of the Republic of Latvia. The Buyer may also apply to the dispute settlement bodies of the European Union.

Effective from 10.05.2024.