General Terms of Business

Please read thoroughly these General Terms of Business, because present Terms as well as any other terms and conditions available on the Site order.groglass.com, constitute a binding legal agreement between you (the Buyer) and “Groglass” Ltd, (the “Seller).

DEFINITIONS

In the Terms the following words and expressions shall have the following meaning unless the context requires otherwise:

“Site” means the website of the Seller order.groglass.com

“Terms” mean the effective version of General Terms of Business (including Privacy Policy, Return Policy, and other terms and conditions available at the Site).

“Buyer” (referred to as: “you” or “your”) means a company or a private person who is registered on the Site and therefore is a Party of this agreement.

“Seller” means SIA “GROGLASS”, registered under the laws of the Republic of Latvia with registration No 40003710276 and VAT payer No LV40003710276, registered office at 4B Katlakalna Street, Riga, LV-1073, Latvia; any reference to “We”, “Us”, “Our”, “producer” or “manufacturer” means a reference to the Seller.

“Parties” mean the Seller and the BUYER and “the Party” means either of them;

“Product” means coated glass sold on Site;

“Glass substrate” means a glass that conforms to the standard EN 572-2 and is used as raw material for coating;

“Coating” is a special treatment of glass substrate provided by Groglass.

“Profile” – means Buyer’s profile within e-shop created by Buyer as a result of the completed registration process.

“Order” means an order of the Product placed by the Buyer via Site;

“Last Update Date” means the most recent date when the Terms were updated, always shown on the top of the document.

“VAT” means value-added tax.

“Taxes” mean any royalties, sales tax, value-added tax, or any similar taxes or withholding taxes, or any customs, duties, or tariffs that may be charged by any national tax authority or that are otherwise payable under applicable law with respect to any purchase transactions.

“Date of delivery” means the actual date and time when the Products are taken over by the Buyer at the delivery address set by Buyer;

GENERAL TERMS

You acknowledge and agree that, by authorizing in the e-shop section on the Site, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, you have no right to continue using the Site.

If you agree to the Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in that case, “you” and “your” will be construed as a reference to that company or other legal entity.

This Site is created to be a direct communication channel between framing professionals and the coated glass manufacturer Groglass Ltd. It serves as a source of information about coated glass Products, their specifications, areas of usage as well as the tool for brand promotion and Product sails. You can also use the site to communicate directly to the Customer Support Centre of the manufacturer about any question regarding the Products.

REGISTRATION and PROFILE

If you want to buy Products through the Site you will need to become a Buyer by creating your Profile.

During the registration process, we will require you to provide certain information and to create your username and password. You undertake to provide accurate, current, and complete information during the registration process and to further update such information, making sure that it remains accurate, current, and complete, for example, for taxation purposes.

Groglass reserves the right to suspend or terminate your Profile, if any information provided during the registration process or thereafter proves to be inaccurate, obsolete or incomplete. Safeguarding your password is your responsibility. You agree not to disclose your password to any third party and to assume all responsibility for any activities under your Profile, whether or not authorized specifically by you. You must immediately notify Groglass about any incidents of unauthorized use of your Profile.

If you breach any Term the Seller will have the right to suspend or disable your Profile, at its sole discretion and without prior notice to you. The Seller reserves the right to revoke your access to your Profile any time, with or without cause.

PROFILE DELETION

If you want to delete your Groglass eStore profile and your user data, please contact [email protected].

PRIVACY

See Groglass Privacy Policy for terms and conditions concerning the use of your personal information.

PURCHASE OF THE PRODUCT

Prices displayed for the Product are set in USD currency and do not include shipping and handling charges (unless expressly stated otherwise on the Site) or applicable taxes, including value-added tax (VAT) or customs fees.

Parties agree that Buyer’s placed Order via Site shall form a validly concluded agreement and shall not be subject to any changes.

When purchasing Products via the Site, you will be asked to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. You represent and warrant that you have the legal rights to use any credit card(s) or other payment means used by you or through your account for any such purchase. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Site.

Cancellation of Orders

The Seller reserves the right to cancel any order placed via the Site if it establishes that the Product is out of stock or otherwise unavailable at the price as listed on the Site. If the Seller cancels an order placed through the Site, the Customer Support team will e-mail you a notice of cancellation and you will not be charged for your order.

Return of the Product

The right of withdrawal means that the Buyer may submit the Return Request to the Seller to return any Product purchased through the Site within 14 (fourteen) days after its receipt. We review every Return Request individually and try to find the solution that fits best for the Buyer’s interests.

The terms of the current version of the Return Policy will apply to any Product purchased by you through the Services.

TAX

Each Party shall be responsible for compliance with all its obligations regarding the collection and payment of taxes in accordance with the applicable laws and regulations.

DELIVERY

We store our Products in several warehouses around the EU and the USA to be closer to our customers and we use recognizable delivery service providers, however, we can’t guarantee the delivery of the Products in a certain term.

GUARANTEE

Claims concerning the Product quality, quantity, and packing shall be made by the Buyer within 14 (fourteen) days from the date of Delivery according to the procedure set out in the Return Policy. The Buyer shall be obligated to examine the Product and packing with respect to the defects upon its delivery. Failure to examine shall wave the Buyers rights to submit claims.

Any and all claims shall be made in writing within the term stated above shall be accompanied by any supporting documentation and photographs. Any claims presented to the Seller after the said term may not be accepted by the Seller.

Any deviation in thickness and size shall be permitted within the limits as provided in the standard EN 572-2.

Fluctuation in the color of the Product shall not serve a reason for any claims unless otherwise specified in the Product description in the Site.

LIABILITY LIMITATION

The Seller is unaware of purposes for which the Buyer orders the Product, therefore the Seller shall not be held responsible for its suitability for Buyer’s purposes or post coating processing (cutting, bending, tempering, coating, etc.) carried out by Buyer.

You acknowledge and agree that the entire risk arising out of your access to and use of the Site remains with you.

Neither Groglass nor any other party involved in producing, selling, or delivering the Products will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site or Product, or from any communication with persons with whom you contact, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Groglass has been informed of the possibility of such damage.

In no event, does Groglass aggregate liability arise out of or in connection with these Terms or from the use of or inability to use the Site or the Product will be more than the total payments that you made to Groglass for the Products that are the subject to these claims.

INTELLECTUAL PROPERTY

All content of the Site, including but not limited to texts, photo and video materials, designs, specifications, systems, and technical solutions, trademarks (whatever registered or not registered), logos, trade names and any other content used herein is an intellectual property of Groglass protected by copyright, trademark and other laws of European Union and the Republic of Latvia.

FORCE MAJEURE

Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations under this Agreement if such non-performance directly results from such circumstances as flood, fire, earthquake, and other Acts of God as well as wars or military operations, strikes, thefts, epidemy, any regulations and acts of any governmental, transnational or local authorities, embargos, prohibitions of manufacturing, breakdown of the production plant, industrial conflicts, shortages of raw materials, disruption of traffic or other difficulties to obtain transport and other circumstances that have arisen after the purchase.

RESOLUTION OF DISPUTES

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, email us at [email protected] to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.

If the dispute is not resolved by negotiations as described in the paragraph above you and we (the parties) expressly agree to submit the dispute to a mediation process conducted in accordance with the mediation procedures of the Latvian Chamber of Commerce and Industry Court of Arbitration. You and we agree to share equally the costs of the mediation; provided, however, that each party shall bear its own costs in connection with such mediation. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days or such a long period as they may mutually agree following the initial mediation session. The mediation shall take place in Riga, will be administered by the offices of the Latvian Chamber of Commerce and Industry Court of Arbitration in Riga, Latvia (https://www.chamber.lv/en/node/30 ).

To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

GOVERNING LAW AND JURISDICTION

Individuals who made a purchase by using online services are entitled to file a complaint in Consumer rights Protection center https://www.ptac.gov.lv/lv

If the informal resolution didn’t bring the solution which is acceptable for both parties, you and we expressly agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled in the Latvian Chamber of Commerce and Industry Court of Arbitration in Riga, Latvia (https://www.chamber.lv/en/node/30 ) in accordance with its Rules of Arbitration and Rules of the Republic of Latvia. The number of arbitrators shall be one. The language of the arbitration shall be English.

You and we agree that all claims will be arbitrated on an individual basis and you are giving up a right to trial by jury or judge. You and we understand that discovery and appeal rights are more limited in arbitration.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered office address (above).

CHANGES IN TERMS

Groglass reserves the right to alter the Terms at its sole discretion, at any time and without any prior notice. If we alter the Terms, we will notify you about the alterations via e-mail and post them on the Site. We will also update the Last Update Date accordingly. By continuing to use the Site after receiving from us the notification about alterations or after we have posted the alterations on the Site, you recognize the altered Terms as binding on you. If you find the altered Terms unacceptable, your only recourse is to stop using the Site.

We reserve the right to change the URL, alter or discontinue and restrict or deny access to the Site without notifying you about it. We may alter or remove any Products or content from the Site at any time without notifying you about it.

Last update date: June 17th, 2021