Distance agreement

Editorial 08.02.2022. LinERGO|56985274

1. Privacy

Lin OAK Ltd. protects the fundamental rights and freedoms of natural persons, in particular their privacy, with regard to the processing of personal data in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

Lin OAK Ltd processes your personal data in different ways for different purposes, depending on whether you are a registered user (see section 2.2), an unregistered user (see section 2.3) or have subscribed to the newsletter (see section 2.4). Information relating to the use of cookies is available in the Privacy Policy.

Lin OAK Ltd does not use or share the information you provide online without a legal basis. Lin OAK Ltd is obliged to disclose personal data to state and local government officials in the cases provided by law. We will be obliged to disclose a consumer's personal information when required to do so by law.

Lin OAK Ltd may process your personal data in aggregate form for statistical purposes in order to analyse and improve the services and products provided.

Lin OAK Ltd. takes all reasonable measures to protect the security of your personal information against theft, loss, misuse, unauthorised access, disclosure, alteration and damage.

2. General law

Under applicable law, you have the following rights:

  • request access to your personal data;
  • request the rectification or erasure of your personal data, to the extent possible;
  • request to restrict or object to the processing of your personal data;
  • request the transfer of your personal data to the extent possible;
  • withdraw your consent to the processing of personal data at any time;
  • lodge a complaint with the national data protection authority;
  • contact Lin OAK Ltd for further information about the processing of your personal data.
  • Contact details of the national data protection authority of the Republic of Latvia: the Data State Inspectorate, 11/13-15 Blaumaņa Street, Riga, Latvia, LV-1011, phone: +371 67223131, e-mail: info@dvi.gov.lv.

Lin OAK Ltd contact details:

  • Lin OAK Ltd
  • Registered office: 7A Matrožu Street, Riga, LV-1048
  • Email: linergo@linergo.lv

2.1. General Agreement

Lin OAK Ltd, registration No 40103210009, address: 7A Matrožu Street, Riga, LV-1048, Latvia. hereinafter referred to as "Lin OAK Ltd", provides the content and services available at www.linergo.lv, hereinafter referred to as "the Website", subject to the following terms and conditions, delivery terms, returns policy, other terms and conditions, and operating policies, the details of which can be found on the Website, in relation to certain features, elements or advertising, and provides customer service, all of which are incorporated into and form part of these terms and conditions (collectively, these "Terms and Conditions"). By logging in to the My Account section of the Website, you acknowledge that you have read these Terms and Conditions, understand them and agree to be bound by them without limitation or qualification.

If the consumer purchases the goods sold on the website of Lin OAK Ltd, hereinafter - the Goods, via the Internet, then such mutual agreement is considered a Distance Contract and is subject to the legal provisions of the Republic of Latvia regulating Distance Contracts including, but not limited to, the Law of the Republic of Latvia „Consumer Rights Protection Law”, the Regulations of the Cabinet of Ministers of the Republic of Latvia „Regulations on Distance Contract”.

If a customer who has ordered and purchased a product on the Website does not have legal capacity, the person's legal representative (e.g. parent, guardian) is responsible for ordering and paying for the product. In the aforementioned case, the order cannot be cancelled and the purchase price is non-refundable.

A distance contract for the purchase of Goods shall be deemed to be concluded upon payment for the Goods.

2.2 Registered User

2.2.1. Account creation

By registering on the Website and creating a customer account, hereinafter referred to as the Account, your personal data is used to enter into an agreement with Lin OAK Ltd for the creation and maintenance of the Account, which is used as a communication channel for the conclusion of the Distance Contract.

By creating an Account, you confirm that you are aware that the data you have entered is processed to create and maintain the Account, including to create and store your wish list and purchase history, and to send you information related to the performance of the Distance Contract, such as order fulfilment information, order updates.

Lin OAK Ltd needs to receive and process your personal data in order to conclude the Distance Contract using the Account as a communication channel. If you do not provide this personal data, you will not be able to create an Account and enter into a Distance Contract.

In addition, information contained in your wish list and purchase history is used to improve the services and product offerings provided by Lin OAK Ltd based on Lin OAK Ltd's legitimate interest in collecting information about the quality of the services and products offered.

Account information about Distance Contracts (products purchased), including all communications with you, is retained as evidence that the Distance Contract has been concluded and fulfilled. Lin OAK Ltd retains this information based on its legitimate interest to protect its rights and interests in the event of a dispute and its statutory obligation to retain information about its business activities.

Your personal data related to the creation and maintenance of your Account and the conclusion and execution of the Distance Contract is processed only by Lin OAK Ltd and our partners who provide order delivery, IT structures and payment platforms. The minimum necessary amount of personal data is transferred to our partners.

Your personal data is processed for this purpose until you delete your Account or until the data retention period or the statute of limitations for bringing a lawsuit, whichever is later, as provided by the laws of the Republic of Latvia, has elapsed

2.2.2. Receipt of commercial communications

By signing up to receive commercial communications such as promotions, special offers, you consent to Lin OAK Ltd processing the personal data you provide on the Registration Form and Order Form, including your geographic location and purchase history.

Lin OAK Ltd processes your personal data in order to send you up-to-date and relevant commercial communications. Lin OAK Ltd carries out various types of profiling, collecting the information you provide to analyse which services and products may be of interest to you and to send you a commercial communication with appropriate content.

Your personal data related to the sending of commercial communications is processed only by Lin OAK Ltd and our business partners who provide IT structures, email and text messaging platforms. The minimum necessary amount of personal data is transferred to our partners.

Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or, in certain cases, until the need to retain evidence of consent ceases.

Lin OAK Ltd will stop sending commercial communications as soon as your request has been processed. Please note, however, that the processing of your request depends on the technological capacity to fulfil your request, which may take up to five days.

2.3. Unregistered user

2.3.1. Conclusion of a Distance Contract

For the purpose of concluding a Distance Contract, Lin OAK Ltd. needs to receive and process the personal data provided in the order form. If you do not provide your personal data, you will not be able to conclude the Distance Contract.

Lin OAK Ltd collects and stores information about your purchase history for the purpose of improving the services and products provided, based on Lin OAK Ltd's legitimate interest in collecting information about the quality of the services and products offered.

Information relating to the conclusion and performance of the Distance Contract, including all communications with you, is retained as evidence that the Distance Contract has been concluded and performed. Lin OAK Ltd retains this information based on its legitimate interest to protect its rights and interests in the event of a dispute and its statutory obligation to retain information about its business activities.

Your personal data relating to the conclusion and performance of the Distance Contract is processed only by Lin OAK Ltd and our partners who provide order delivery, IT structures and payment platforms. The minimum necessary amount of personal data is transferred to our partners.

Your personal data is processed for this purpose until the expiry of the data retention period provided for by the legislation of the Republic of Latvia or the limitation period for bringing a lawsuit, whichever is later.

2.3.2. Receipt of commercial communications

By signing up to receive commercial communications such as promotions, special offers, you consent to Lin OAK Ltd processing the personal data you provide on the order form, as well as your geographical location and purchase history.

Lin OAK Ltd processes your personal data in order to send you up-to-date and relevant commercial communications. Lin OAK Ltd. performs profiling by collecting information about your geographical location and purchase history in order to analyse which services and products may be of interest to you and to send you a commercial communication with appropriate content.

Your personal data related to the sending of commercial communications is processed only by Lin OAK Ltd and our business partners who provide IT structures, email and text messaging platforms. The minimum necessary amount of personal data is transferred to our partners.

Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or, in certain cases, until the need to retain evidence of consent ceases.

Lin OAK Ltd will stop sending commercial communications as soon as your request has been processed. Please note, however, that the processing of your request depends on the technological capacity to fulfil your request, which may take up to five days.

2.4 Receipt of newsletters

By agreeing to receive email newsletters, you consent to Lin OAK Ltd sending various types of commercial communications to the email address you have provided.

Your personal data related to the sending of commercial communications is processed only by Lin OAK Ltd and our business partners who provide IT structures and email platforms. The minimum necessary amount of personal data is transferred to our partners.

Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or, in certain cases, until the need to retain evidence of consent ceases.

Lin OAK Ltd will stop sending commercial communications as soon as your request has been processed. Please note, however, that the processing of your request depends on the technological capacity to fulfil your request, which may take up to five days.

3. Purpose of the website

This Website is created and maintained by Lin OAK Ltd. The website has been designed to serve effectively as a platform for communication between the company and the customer, as a source of information on all matters related to the products and the company.

4. Accuracy of information

We try to be as accurate as possible when describing the products available on the Website. If there are changes in the information relating to a product (description, colours, etc.), Lin OAK Ltd cannot guarantee that the Website is fully up-to-date with all current information at all times.

5. Goods

5.1 Pricing

All prices on www.linergo.lv are quoted in euros (EUR). All prices are inclusive of the applicable VAT rate. Depending on the delivery address, your order may be subject to additional shipping charges, which will be clearly indicated before payment is confirmed and included in the total order price. The final price of the goods, including taxes and duties and delivery or postage costs, will be indicated before the conclusion of the Distance Contract.

If delivery or postage costs cannot be calculated in advance, you will be informed that such charges may apply.

5.2 Delivery arrangements

All our deliveries are usually made within 1-5 working days. For information on order fulfilment and delivery procedures, as well as free delivery terms and additional delivery costs, we invite you to consult our Terms of Delivery for our products.

5.3 Return Policy and Right of Withdrawal

Each return of orders placed and delivered by a customer is dealt with on an individual basis. For information on the customer's options regarding the return of products and for information on the termination of the contract and the relevant conditions, we invite you to consult our Return Policy.

6. User's obligations

When accessing or using the Website, you must comply with the Terms and Conditions set out herein and any specific warnings or instructions published on the Website regarding access or use. You must always act in good faith and in accordance with law and custom. You may not make any changes or modifications to the Website, the Content or the Services, or in any way interfere with the operation or integrity of the Website. Without limiting the generality of the other provisions of these Terms and Conditions, if you willfully or negligently breach your obligations under these Terms and Conditions, you will be liable for all losses and damages that such breach may cause to Lin OAK Ltd and Lin OAK Ltd's partners.

7. Links to third-party websites

We are not responsible for the content of other websites to or from which our Website links. Links displayed on the Website are provided for convenience only and do not constitute an endorsement by us or our partners of the content, product, service or supplier. Your use of links to or from other websites, webpages or webpages is at your own risk. We are in no way responsible for examining or evaluating other websites from or to which our Website links, and we do not guarantee the availability of other such websites, nor do we assume any responsibility or liability for the operation, content, products or services of such other websites or websites, including without limitation their privacy policies and terms and conditions. You should carefully read the terms and conditions and privacy policies of any other websites you visit.

8. Limitation of liability

You agree that, subject to the laws applicable to guests, in no event shall the parties be liable (whether in contract, negligence or otherwise) in connection with any interruption or error caused by your use of this Website.

Subject to applicable law, in no event shall the parties be liable (whether in contract, tort (including negligence) or otherwise) for (a) any interruption of Lin OAK Ltd's business; (b) any delay or interruption in access to the Website; (c) any failure to deliver, misdelivery, distortion, corruption or other alteration of data; (d) any damage or loss of any kind incurred in connection with the existence or use of links to other websites on the Website; (e) computer viruses, system crashes or failures that may arise in connection with the use of the Website, including the use of hyperlinks leading to or from third party websites; (f) any inaccuracies or omissions in the content; or (g) events beyond the reasonable control of the parties.

The parties shall not be liable for any indirect, special, incidental or consequential damages (including lost profits) arising out of the Website or your use of (or inability to use) the Website, whether in contract, tort (including negligence) or otherwise, even if Lin OAK Ltd is advised of the possibility of such damages.

9. Copyright

Lin OAK Ltd. All rights reserved.

All content of this Website, correspondence (by electronic mail or regular mail), and marketing materials used to promote the Website on third party resources are the property of Lin OAK Ltd. Reproduction or republication of its contents in whole or in part is prohibited except for the following purposes:

Permission to copy for personal use:

  • You have the right to make copies of the content of the Website or to print parts of it for your personal use.

Permission to copy or reproduce for restricted use:

  • You have the right to make copies of the material in print or digital format for use by third parties, provided that you acknowledge the Lin OAK Ltd Website as the source of the content and material by adding a top-level hyperlink (http://www.linergo.lv) to any such republished copy. You must also inform third parties with whom you share such copies that, in the event of republication of such copies, you must acknowledge the Lin OAK Ltd Website as the source of all materials by including a top-level hyperlink (http://www.linergo.lv).

10. Compensation

You agree to indemnify, defend and hold us harmless from and against any damage, loss, damage or expense, and to pay our legal fees, arising out of any claim, action or proceeding brought by a third party due to or arising out of your breach of these Terms and Conditions, errors in your representations or warranties or your use of this Website.

11. Dispute resolution

The Parties will endeavour to resolve any dispute relating in any way to your authorization on the Website or arising in connection with the performance, interpretation or termination of this Distance Agreement by mutual negotiation.

Lin OAK Ltd. will respond to any of your requests in the manner and within the timeframe prescribed by the applicable laws and regulations and will inform you of the possible manner of enforcement of the claim or settlement of the dispute or alternative means of enforcement of the claim.

If the dispute cannot be resolved by negotiation, you, as a consumer, can bring an action in the courts of the Republic of Latvia.

12. General provisions

You agree that these Terms and Conditions constitute the entire and entire agreement between you and Lin OAK Ltd in relation to your use of this Website and its content.

Lin OAK Ltd. has the right to amend and update these Terms at any time by posting the relevant changes on the Website and indicating the date of the last change. Any changes made to these Terms and Conditions shall take effect immediately upon posting. You agree that by continuing to use the Website after such changes have been made, you signify your acceptance of all changes. Lin OAK Ltd reserves the right to cancel or revoke any rights granted by these Terms and Conditions. You must comply with any such revocation or modification from the time it is made, including, where appropriate, by discontinuing use of the Website in any way.

Nothing in these Terms shall be construed as creating a partnership or other form of joint venture between you and Lin OAK Ltd. The failure of Lin OAK Ltd to enforce these Terms and Conditions by you shall not affect our full rights to require compliance with them whether before or after. If any provision of these Terms and Conditions is unenforceable or invalid under applicable law, or is declared unenforceable or invalid by arbitration or court decision, this shall not affect the validity or enforceability of these Terms and Conditions as a whole, but instead these Terms and Conditions shall be amended to the extent possible under applicable law so that they fully reflect the original intent of the parties under the original Terms and Conditions.

13. Force majeure

Lin OAK Ltd shall not be liable for any delay in performance or non-performance of its obligations or any other failure to perform due to circumstances and obstacles beyond our reasonable control, including but not limited to strikes, governmental orders, acts of war or national emergency, threats or acts of terrorism, environmental or climatic anomalies, failure of third parties to perform, interruptions in internet connectivity, and failure of computer equipment and software. In the event of such force majeure, we will endeavour to remedy the delays as soon as possible.

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