Business conditions
Commercial Terms and Conditions
I. INTRODUCTORY CONDITIONS
These Commercial Terms and Conditions (hereinafter referred to as the "T&Cs") govern the legal relationship between the two parties to the purchase agreement: on one side, ASTI Group LLC, registration number LV 40103600790, a company registered in Riga at 32 Jurmalas avenue, k-4, Riga, LV-1083, Latvia, phone +371 27030599, acting as the Seller and the official distributor of TianDe products in the Republic of Latvia; and on the other side, the Buyer.
The Buyer is a consumer or entrepreneur who has registered on the website www.tiande.eu and has been assigned a registration number.
A consumer is any individual who, outside their business or professional activity, concludes a contract with the Seller or otherwise negotiates with the Seller.
An entrepreneur is:
i) a person who independently engages in economic or similar activity at their own cost and risk for the purpose of generating systematic profit;
ii) for consumer protection purposes, a person who enters into a contract related to their business, production, or similar activity or independent professional activity, or a person acting on behalf of an entrepreneur;
iii) a person registered in the Commercial Register;
iv) a person holding a license or permit to conduct business pursuant to applicable legislation.
Legal relationships between the Seller and the Buyer not expressly governed by these T&Cs are subject to the Consumer Rights Protection Law of the Republic of Latvia, Cabinet Regulation No. 631 of 1 August 2006 "Procedures for Submitting and Examining Consumer Claims Regarding Goods and Services Not Conforming to Contractual Terms", Cabinet Regulation No. 255 of 20 May 2014 "On Distance Contracts", and other applicable laws and regulations.
The Seller reserves the right to modify or supplement the text of these T&Cs. Such amendments do not affect rights and obligations established under previous versions of the T&Cs.
By placing an order, the Buyer confirms that they have read and accepted these Terms and Conditions, including the pre-contractual information, return, delivery, and payment terms, as they are in force at the time the order is placed.
The Buyer acknowledges that this agreement does not entitle them to use trademarks, trade names, company logos, or other intellectual property of the Seller or its subcontractors unless otherwise stated in a separate agreement.
II. PRE-CONTRACTUAL INFORMATION
The Seller informs the Buyer who is a consumer that:
a) communication costs do not exceed standard rates (any internet or telephone charges depend on the Buyer’s provider; no additional fees are charged by the Seller, except for delivery);
b) payment must be made prior to delivery of goods; any advance payments or deposits relate to specific services requested by the Buyer;
c) the Seller does not enter into automatically recurring contracts. If acting as an intermediary, the service provider will state the minimum duration of the contract and the pricing method for any recurring charges, typically on a monthly basis;
d) all prices on the Website include VAT and applicable taxes, but delivery and payment method fees may be charged additionally depending on the carrier and payment type;
e) the consumer has the right to withdraw from the contract within 14 days, starting from:
i) the date of receipt of goods (for purchase contracts);
ii) the receipt of the final item (for contracts involving multiple items or deliveries);
iii) the first delivery (for contracts involving recurring deliveries).
Withdrawal must be submitted to the Seller’s legal address as stated in the T&Cs, or using the withdrawal form attached hereto;
f) the right of withdrawal does not apply to:
i. goods whose prices depend on financial market fluctuations;
ii. personalized goods;
iii. perishable goods or goods irreversibly mixed after delivery;
iv. sealed goods that cannot be returned for hygiene reasons after being opened;
v. newspapers, magazines, or other periodicals;
g) the consumer is responsible for return shipping costs. In cases of distance contracts, if goods cannot be returned by standard mail, the consumer covers the cost of return;
h) contracts and related tax documents are archived electronically and are accessible to registered users in their profiles;
i) in case of complaints, the consumer may contact the Seller or the relevant supervisory authority. Further information on alternative dispute resolution is provided in Section IX of these T&Cs.
III. PURCHASE AGREEMENT
The items presented on the Website constitute an offer to enter into a purchase agreement, subject to stock availability. The Buyer accepts the offer by placing items into the shopping cart and submitting an order via the Website. The agreement is concluded upon the Seller’s confirmation of the order via email. The Seller provides the Buyer with these T&Cs in textual form upon acceptance of the order.
The order form includes:
i. the goods ordered;
ii. the payment and delivery methods;
iii. any delivery-related costs.
Before confirming the order, the Buyer may modify the order, delivery method, payment method, and input data. The purchase contract is concluded upon submission of the final order. The Seller is not responsible for errors in data transmission. The Buyer is deemed to have entered the order details correctly. The Seller may require additional confirmation of the order depending on the specifics (e.g., quantity, value, shipping costs).
The technical steps for concluding the contract are outlined in these T&Cs.
The concluded agreement (including price) can only be amended or canceled by mutual agreement or on legal grounds. Latvian law exclusively governs all matters arising under the contract.
The contract is concluded in the Latvian language. In the case of disputes regarding interpretation, the Latvian version prevails.
Ownership of goods passes to the Buyer upon full payment. The Seller must deliver the goods and related documentation and transfer ownership rights as agreed.
The Seller shall fulfill the obligation to provide the goods to the Buyer if the Buyer is allowed to take possession of the goods at the place of the transaction and is duly notified thereof.
If the Seller is responsible for shipment, the goods are handed over to the carrier for delivery to the Buyer. The Buyer assumes risk upon delivery by the carrier (for consumers) or when the goods are handed over to the carrier (for entrepreneurs).
Goods must be delivered in the agreed quantity, quality, and form.
If the method of packaging the goods is not specified, the Seller shall package the goods in the usual manner, unless special measures are required to preserve and protect them. The Seller shall prepare the goods for transport in the same way.
Goods are defective if they lack agreed characteristics. Delivery of the wrong item or incorrect documentation also constitutes a defect.
The Buyer’s right to return the goods applies to defects that arose after the risk of damage passed to the Buyer, even if such defects appeared later. The Buyer retains this right even if the defect was caused by the Seller's breach of obligations.
After the risk of damage to the goods has passed to the Buyer, the Buyer shall, without delay, inspect and verify whether the goods' properties and quantity conform to the agreement.
Damage to the goods occurring after the risk of loss has passed to the Buyer does not affect the Buyer's obligation to pay the purchase price, unless the damage was caused by the Seller’s breach of obligations.
A party’s delay in accepting the goods entitles the other party, after prior notice to the delaying party and the granting of an additional reasonable period to take delivery, to sell the goods appropriately. This also applies in the case of delayed payment, as payment is a condition for the transfer of the goods.
IV. PRODUCT PRICE AND PAYMENT TERMS
All prices are subject to agreement. The prices listed in the online store are always up-to-date and valid. Prices are final and include VAT and any other applicable taxes or duties the Buyer must pay to receive the goods. This does not include shipping costs, cash-on-delivery charges, or communication fees.
Special prices are valid until the product is sold out or for a specified promotional period. The price is the manufacturer's/supplier's recommended retail price.
The Buyer may pay the product price and any other costs related to the delivery under the sales contract via:
i. cash or credit card at the Seller’s registered office,
ii. MasterCard or Visa through an online payment terminal,
iii. invoice with a set payment date (only available to business clients under certain conditions).
The Seller cooperates with Global Payments Europe, s.r.o., and Komerční banka, a.s. for payment processing. The Buyer may receive payment-related information from these service providers. The goods are dispatched upon receipt of payment confirmation. All funds are processed through the account of Global Payments Europe, s.r.o.
For security of online payments made by credit card, all payment information is encrypted. The Seller works with authorized payment service providers. Credit card data is handled securely and in accordance with international data security standards for payment card transactions.
Confidential data entered by the Buyer into the internet banking system is protected by the bank's payment gateway and is not accessible to third parties. Payment processors only see transaction data provided by the bank during the transaction.
The Seller is obliged to issue a tax document (invoice) for payments made under the sales contract. The Seller is a VAT payer. The invoice is issued and sent to the Buyer via email or provided in printed form at the Seller’s premises.
Goods remain the Seller’s property until full payment is received. However, the risk of damage transfers to the Buyer upon receipt.
In case of cash or COD payment, the purchase price is due upon delivery. In case of non-cash payment, the purchase price must be paid within 7 days of the conclusion of the sales contract unless otherwise agreed.
For non-cash payments, the Buyer must include the payment reference (order number). The payment obligation is considered fulfilled once the corresponding amount is credited to the Seller’s account.
The Seller reserves the right to require full payment before dispatching the goods.
V. RETURN OF GOODS
This section applies only to transactions between the Seller and consumers.
Defective Goods
The Seller is liable for ensuring that the goods are free of defects upon delivery. Specifically, the Seller is responsible for ensuring that at the time of receipt:
i. the goods have the agreed characteristics, or if not agreed, those described by the Seller or manufacturer or expected by the Buyer based on advertising or the nature of the goods,
ii. the goods are fit for the usual purpose or the intended use,
iii. the quality matches any sample or model provided,
iv. the quantity and weight correspond to the order,
v. the goods comply with legal requirements.
The Seller is not liable for damage caused by:
i. mechanical damage,
ii. use under unsuitable environmental conditions (e.g. extreme temperatures, moisture, chemical exposure),
iii. unqualified modifications or parameter changes,
iv. unauthorized alterations causing the defect,
v. force majeure or natural disasters.
Consumer Rights in Case of Defects
If the goods do not possess the above-mentioned qualities, the consumer may demand the delivery of new, defect-free goods, unless such replacement is inappropriate due to the nature of the defect. If the defect affects only part of the goods, the consumer may request replacement of the affected part; if this is not possible, the consumer may withdraw from the contract.
However, if replacement is inappropriate due to the nature of the defect - especially if the defect can be remedied without undue delay - the consumer has the right to have the defect remedied free of charge.
The consumer has the right to request the delivery of new goods or replacement of a part even in the case of a remediable defect, if the goods cannot be used properly due to a recurring defect or a large number of defects. In such cases, the consumer has the right to terminate the contract.
If the consumer does not terminate the contract or exercise the right to receive new, defect-free goods, replacement of a part, or repair of the goods, he may request a proportional discount. The consumer is also entitled to a proportional discount if the Seller cannot deliver new, defect-free goods, repair the goods, or if the Seller fails to remedy the defect within a reasonable period and the unresolved defect causes significant inconvenience to the consumer.
The Buyer has no right to make a claim if they were aware of the defect prior to receiving the goods, or if the defect was caused by the Buyer.
If the goods have a defect for which the Seller is responsible, and the goods were sold at a reduced price or have already been used, the Buyer has the right to a proportional discount instead of replacement.
The Buyer is entitled to reimbursement of expenses incurred while exercising rights related to improper performance, in accordance with Article 28 of the Consumer Rights Protection Law of the Republic of Latvia.
Time Limits
The consumer may assert rights for defects occurring within 24 months from the date of receipt. If a defect arises within six months, it is presumed to have existed at the time of delivery.
If, at the time of sale, a period is indicated on the packaging, in the instructions, attached to the product, or in advertising - in accordance with other laws - during which the product can be used, the Seller declares that the product will be suitable for ordinary use or will retain its usual properties during that period. The same applies to the warranty period or shelf life indicated on the label or in the advertisement.
Other Conditions
The Seller's liability for defects does not cover wear and tear resulting from normal use to goods sold at a lower price due to a defect for which a discount was applied, or to used goods - to the extent that the defect or wear was present at the time of acceptance by the Buyer, or if it follows from the nature of the goods.
At the Buyer’s request, the Seller must confirm in writing the scope and duration of their obligations in the event of defect rectification. The Seller is obliged to remedy the defect to the same extent as the manufacturer. The written confirmation must include the Seller’s name, legal address, and identification details or other information necessary to establish their identity. If the nature of the goods allows, this confirmation may serve as a substitute for the purchase document containing the aforementioned information.
The consumer has the right to terminate the contract in all cases provided by law. The termination becomes effective from the moment the Seller receives the Buyer's notice of termination, provided that all legal conditions are met. Upon termination, the contract is void from the beginning, and both parties are obligated to return everything provided under it. In case of termination of the contract due to the exercise of rights arising from liability for defects, the Buyer returns the goods provided by the Seller only to the extent proportional to the specific situation. In the event of contract termination or a price reduction, the refund to the Buyer is made either to their bank account or in cash at the Seller’s registered office.
Claims Procedure
Claims must be made at the Seller’s registered address.
The Buyer may send defective goods to the Seller’s legal address via a delivery service to file a claim. The defective goods must be packaged in such a way as to prevent damage during transport. The shipment must be clearly marked as “CLAIM” and must include: the defective item including all accessories, a copy of the purchase receipt, and a detailed description of the defect with the Buyer’s contact information. Without the aforementioned items, it is not possible to identify the origin and nature of the defect.
If the Buyer exercises their right to request defect rectification through repair, and the responsible business differs from the Seller but is located at the same legal address or place of business, the Buyer must contact the Seller indicated in the warranty certificate. This information may also be found in the document that substitutes the warranty.
Claims, including defect rectification, must be resolved without undue delay, within 30 days of the claim submission, unless a longer period is mutually agreed upon by the Seller and the Buyer. After this period, the Buyer has the same rights as in the case of a fundamental breach of contract.
The claim resolution period is suspended if the Seller has not received all the documents necessary to evaluate the claim (product, supporting documents, etc.). The Seller must request the additional documentation from the Buyer without delay. The time limit is paused from this date until the Buyer submits the required documents.
The Seller has the right to refuse to accept the claimed goods in cases where the returned item and/or its components are soiled or do not meet basic hygiene requirements for safe handling during the claim procedure, unless the contamination is of an ordinary nature.
VI. CONTRACT TERMINATION
Termination by Buyer
The Buyer has the right to withdraw from the contract within fourteen days. The period begins to run from the conclusion of the contract, namely:
a) from the day the goods are received, in the case of a purchase contract;
b) from the day the last delivery is received, in the case of a contract involving several types of goods or multiple parts; or
c) from the day the first delivery is received, in the case of a contract for the regular delivery of goods.
The contract can be withdrawn from in writing by sending a notice to the Seller’s legal address or by email to asti-group@tiande.eu, always using the withdrawal form attached to these T&Cs.
If the Buyer withdraws from the contract, they must return the goods received from the Seller at their own expense without undue delay, and no later than fourteen days after the withdrawal.
The Buyer must return the goods in full, including all documentation, undamaged, clean, and in the same condition in which they were received.
If the Buyer decides to withdraw within this period, it is recommended, in order to expedite the return process, to deliver the goods to the Seller’s address along with a cover letter stating the reason for withdrawal (optional), a copy of the purchase receipt, and the bank account number or an indication that the refund should be issued in cash.
The Buyer is responsible for any reduction in the value of the goods resulting from handling that that is consistent with the nature, characteristics, and functioning of the goods.
If the Buyer withdraws from the contract, the Seller shall, without undue delay and no later than fourteen days from the withdrawal, return all payments received from the Buyer under the contract.
If the Buyer withdraws from the contract, the Seller is not obliged to refund the money received from the Buyer before the goods have been returned or before the Buyer provides proof that the goods were sent to the Seller.
The Buyer acknowledges that if the goods came with gifts, the gift agreement between the Seller and Buyer was concluded under the condition that, in the event of withdrawal by the Buyer, the gift agreement is canceled and the Buyer is obliged to return the associated gifts together with the goods. If the gifts are not returned, it will be considered unjust enrichment on the part of the Buyer. If the return of such items is not possible, the Seller has the right to receive financial compensation equivalent to their usual market price.
Other Withdrawal Cases
The Buyer may not withdraw from the contract or request the delivery of new goods if they are unable to return the goods in the condition in which they were originally received. This does not apply in the following cases:
a) if the condition of the goods changed as a result of inspection to identify a defect;
b) if the Buyer used the goods before the defect was discovered;
c) if the inability to return the goods in the same condition was not caused by the Buyer’s act or omission; or
d) if the Buyer sold the goods before discovering the defect, used the goods, or altered them in the course of normal use - in such case, the Buyer shall return the goods in part, to the extent possible, and compensate the Seller for the value corresponding to the benefit derived from the use of the goods.
If the Buyer fails to inform the Seller of the defect in a timely manner, they lose the right to withdraw from the contract.
Termination by Seller
The Seller reserves the right to cancel the order or part of it and terminate the contract if the goods are no longer manufactured, no longer available, or if there have been significant changes in the supplier’s pricing. In such cases, the Seller is obliged to contact the Buyer immediately to agree on further steps. If the Buyer has already paid part or all of the purchase price, the amount will be refunded via bank transfer to the account specified by the Buyer.
The Seller also reserves the right not to process the order if, at the time of order processing, the Buyer has failed to pay in full for any previous order past its due date and/or has seriously breached a contract concluded with the Seller.
VII. SAFETY AND DATA PROTECTION
The information is stored on secure servers, and the Website Administrator takes the necessary legal, organizational, and technical measures to protect against unauthorized access, alteration, disclosure, or destruction of personal data. A data processing agreement has been concluded between the Website Administrator and the Seller regarding the processing of users' personal data.
The Seller declares that all personal information is confidential and will be used solely for the performance of the contract concluded with the Buyer and for the Seller’s marketing activities. It will not be disclosed to third parties, except in cases related to the distribution or payment of the ordered goods (such as providing the recipient’s name and delivery address).
The Buyer gives their consent to the collection and processing of personal data for the purpose of fulfilling the purchase agreement and for the Seller's marketing purposes (primarily for sending commercial messages, telemarketing, SMS), until the Buyer notifies the Seller in writing to the Seller’s registered address that they no longer consent to the processing of their personal data. Such notice may also be submitted electronically or via the contact form on the Seller’s website.
The Buyer has the right to access and update their personal data, including the right to request clarification, correction, or deletion of such data, as well as other legal rights regarding their data. The Buyer also agrees to the storage of cookies on their device.
VIII. DELIVERY TERMS
If the reasons for redelivery or delivery by a method other than that specified in the order arise, the Buyer shall bear the costs associated with the redelivery or the alternative delivery method.
The Buyer is obliged to immediately inspect the delivery together with the courier — including the number of packages, the integrity of the security tape with the company logo, and any damage to the packaging — in accordance with the transport document. The Buyer has the right to refuse acceptance of any shipment that does not conform to the contract, for example, if it is incomplete or damaged. If the shipment is damaged by the carrier, the Buyer must describe the damage and complete a damage report with the courier.
In the event of damaged or incomplete shipments, the Buyer must immediately inform the Seller by email at asti-group@tiande.eu, complete a damage report, and send it to the Seller without delay, either by email or by post.
Additional claims concerning missing items or external damage to the shipment do not deprive the Buyer of the right to make a claim regarding the goods in the future. However, such prompt notification enables the Seller to prove that there was no breach of the purchase agreement.
IX. ALTERNATIVE DISPUTE RESOLUTION
If a consumer dispute arises between the Seller and the Buyer who is a consumer, the Buyer has the right to out-of-court dispute resolution. The out-of-court dispute resolution body, in accordance with consumer protection regulations, is the Latvian Chamber of Commerce and Industry. The website of the authorized body is www.ltrk.lv/en.
X. FINAL CONDITIONS
If any provision of the T&Cs becomes invalid or obsolete, a provision whose meaning most closely corresponds to the invalid provision shall apply. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions. Any amendments to the purchase agreement must be made in writing.
Seller Contact Information:
ASTI Group LLC, Reg. No. LV 40103600790
32 Jurmalas avenue, k-4, Riga, LV-1083, Latvia
Phone: +371 27030599
Email: asti-group@tiande.eu
These T&Cs are effective from December 1, 2021, and are available at the Seller’s office and in electronic form on the Seller’s website.
