I RIGHT OF REFUSAL
1. The right of refusal is the consumer's right to withdraw unilaterally from the Distance Contract (to cancel an order) within a specified term without paying any penalty, interest or compensation for loss.
2. The consumer may exercise the right of refusal and withdraw from the contract unilaterally within 14 (fourteen) calendar days. The term allowed for the exercise of the right of refusal starts from the date of receipt by the consumer of the goods or a part (parts) thereof.
3. Upon signature of the Distance Contract MADARA shall send (to the email address specified by the consumer) or hand out upon delivery of the order to the consumer a refusal form in writing stating the name (firm) of the manufacturer, its address as well as containing a description of the right of refusal. The consumer shall notify MADARA of the exercise of the right of refusal by email using a Return of damaged products form.
Sending a refusal to MADARA within the specified term of 14 days from the date of receipt of the goods terminates the Contract and releases the consumer from any liabilities under the Contract, except for the costs related to returning the article or goods to the manufacturer, seller or service provider.
4. In the event of exercise of the right of refusal the consumer will be liable for any reduction in the value of the goods as well as for the preservation of the quality and safety of the Goods during the term of exercise of the right of refusal.
5. The consumer will be obliged to return the Goods to MADARA (if actually received) within 7 (seven) days from the date of sending of a refusal in writing. MADARA will be obliged to refund to the consumer immediately but no later than within 30 days from receipt of a written refusal from the consumer the amount of money paid until the date of termination of the Contract. MADARA is entitled not to refund the sum of money paid by the consumer for the Goods to the consumer until the consumer returns the Goods or if MADARA finds upon receipt of the Goods that they have been used or are not in a 100% saleable condition and appearance, in the original packaging with all original documents (if such had been enclosed with the Goods). The consumer will be liable for all damages to the Goods which have occurred during return of the Goods.
The consumer forfeits the right of refusal if he/she has opened the goods packaging or fails to notify MADARA about the exercise of the right of refusal within 14 days from the date of receipt of the goods. The fact that the cosmetic product internal (substance) packaging is opened is recognized as opening of the product.
6. The provisions of this section are not applicable in cases where the goods are purchased by legal entities.
II RIGHT OF RETURN OF THE GOODS
1. The consumer's rights will be deemed to have been breached if:
1.1. Upon purchasing the Goods, the consumer's freedom of choice and his/her will has not been respected (the customer has received Goods other than those he/she ordered);
1.2. No opportunity has been provided to receive full and complete information about the Goods or their price;
1.3. The Goods sold to the consumer are unsafe or do not comply with the terms of the contract.
2. The consumer is not obliged to accept the Goods if they have been delivered without the consumer placing an order.
3. The Goods do not conform to the terms of the contract if:
3.1. They do not conform to requirements laid down by legal norms as well customary requirements — they do not have properties and design which are normally characteristic of similar goods and which the consumer can reasonably expect when taking the nature of the goods into consideration;
3.2. They are unfit for the purposes for which goods of the same name and description are normally used;
3.3. They do not have the properties or are not furnished in accordance with the specifications provided by MADARA at the time of signature of the contract or offer for sale;
3.4. Misleading, false information has been provided about them, or has not been provided at all, and the goods cannot therefore be used for their intended purpose;
3.5. They have been damaged (the product has escaped from the packaging intended for it, the internal or external packaging of the product is visibly damaged).
4. The consumer to whom Goods have been sold or delivered for use that do not comply with the terms of the Contract is entitled to request by email, using the Return of damaged products form, that MADARA does any of the following:
4.1. Reduce the price of the Goods accordingly;
4.2. Eliminate the non-conformity of the goods to the terms of the contract or compensate the consumer his/her costs related to eliminating the non-conformity;
4.3. Replace the goods by similar or equivalent goods which would ensure conformity to the terms of the contract;
4.4. Cancel the contract and refund the sum of money paid for the goods to the consumer.
5 The goods are to be replaced or their nonconformity to the terms of the contract is to be eliminated free of charge (including without refunding the costs of sending the goods and other expenses) and within a reasonable period of time, without causing inconvenience to the consumer.
6 If the non-conformity of the goods to the terms of the contract is insignificant and cannot materially affect the consumer's ability to use the goods, the consumer cannot request MADARA to cancel the contract and to refund the sum of money paid for the goods.
7. If MADARA is unable to perform the contract due to a shortage of the goods ordered, it shall notify the consumer thereof and shall refund the entire sum of payment to the consumer no later than within 30 calendar days from the date of receipt by MADARA of the consumer's order.
The Return Policy includes legal norms arising out of Directive No. 97/7/EC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts, Consumer Rights Protection Law of the Republic of Latvia.Back