TERMS AND CONDITIONS OF THE ONLINE PLATFORM

TERMS AND CONDITIONS OF THE ONLINE PLATFORM

1. The following contains general terms and conditions (hereinafter referred to as Terms and Conditions) for relationship between AS “Riga Airport Commercial Development” with registration number 40103345497, registered address “Lidosta “Rīga” 10/1”, Lidosta “Rīga”, Mārupes pagasts, Mārupes novads, LV-1053, Latvia, email ATURIXCustomerservice@atu.com.tr (hereinafter referred to as RACD) and you as a user of our Order & Collect services (hereinafter referred to as User) via our online platform https://atudutyfree.com/ (hereinafter referred to as Online Platform).
2. The Online Platform allows the User to select the Goods before their flight and accelerate possibility to conclude a sales agreement by collecting and paying for the Goods at Riga airport duty-free zone.

General Conditions

3. RACD provides the opportunity for the User to pre-order for the collection at Riga International Airport ATU Duty Free Main or VIP stores such products as fragrance, skincare, make-up, fashion, accessories, toys, food, beverages, Latvian products and other goods (hereinafter referred to as Goods) in accordance with the terms of these Terms and Conditions.
4. The User pre-orders the Goods by completing the relevant pre-order form on the Online Platform. Upon pre-ordering, the User is required to provide the following information accurately: name, surname, boarding pass / flight information, contact information and the date, time and preferred pick-up point for the collection of the pre-order. The User is responsible for providing correct details.
5. Upon pre-ordering, the User acknowledges that they have read, understood, agree to, and undertake to abide by and comply with the Terms and Conditions. The User is not permitted to place pre-orders unless they have read and agreed to the terms of the Terms and Conditions.
6. RACD reserves the right to restrict the User’s use of the Online Platform without notice if RACD believes that the User, through using the Online Platform, may violate or breach the terms of the Terms and Conditions, attempt to harm RACD, the operation or security of the Online Platform, or third parties.
7. RACD will process the User’s personal data in order to fulfil the pre-order and provide the Goods. More detailed information about personal data processing activities, and the rights and obligations of the User, are outlined in the Privacy Policy for Order & Collect.

Pre-order of the Goods and Payment

8. If during the pre-order process the User opts for the Order & Collect service, such User’s action is deemed as a request to conduct a purchase on site at Riga International Airport ATU Duty Free Main or VIP store. This does not constitute a binding statement.
9. After the User’s pre-order request has been completed, RACD will send an e-mail confirming receipt of the pre-order. This confirmation is for information purposes only and does not constitute a binding obligation upon parties. This is therefore no guarantee that the pre-ordered Goods shall be at the pick-up point or cash desk of the physical store that the User has selected.
10. If the User decides to buy the pre-ordered goods at the requested time of collection at the selected pick-up point, the User shall pay for the Goods and thus enter into a binding sales agreement. The User is to pay for the Goods either by credit card or in cash. All prices for the Goods are quoted in EUR and include any applicable value added or other taxes. Pursuant to the requirements of Customs Law, the cash register receipt will include the details of the User, destination airport and boarding pass / flight information.
11. If possible RACD will ensure that the Goods are available at the date and time indicated, at Riga International Airport ATU Duty Free Main or VIP store after passport control, provided the pre-orders are placed within the following minimum timeframe:
    1. not later than 24 hours in advance of departing flight of the User, if the selected pick-up point is ATU Duty Free Main; or
    2. not later than 48 hours in advance of departing flight of the User, if the selected pick-up point is VIP store.
12. Upon entering into a binding sales agreement of the Goods, the User undertakes to present a valid boarding pass that corresponds with the information provided in the pre-order. If the information provided by the User at the time of the pre-order does not match that presented at the time of conclusion of the sales agreement for the Goods, RACD reserves the right to refuse the handing over of the Goods.
13. RACD will use its best endeavours to fulfil the User’s pre-order in its entirety but cannot and does not provide any warranty of any kind. If there is no remaining balance or an insufficient quantity of the Goods pre-ordered, RACD reserves the right to refuse to fulfil the pre-order, or to offer to fulfil the pre-order in a reduced quantity. The User cannot make changes to pre-order after placing the pre-order.
14. The User is not required to collect the Goods and can notify RACD by e-mail regarding opting out of the pre-order. In any event, should the User fail to collect the Goods within the specified timeframe, and not inform RACD of a later collection time, RACD is under no obligation to ensure that the pre-ordered Goods remain available.

Right to Return Faulty or Non-compliant Goods

15. The User is entitled to return faulty or non-compliant Goods. RACD is obligated to rectify faulty Goods or replace non-compliant Goods in line with the procedures outlined in this Clause, whilst adhering to the stipulations of the applicable laws of the Republic of Latvia:
    1. The User wishing to lodge a complaint about faulty or non-compliant Goods can do so via email: ATURIXCustomerservice@atu.com.tr, returning the alleged non-compliant Goods;
    2. When submitting a complaint, the User should include the following details: (a) the invoice and pre-order number of the Goods; (b) a description of the fault of the Goods, signs of damage or missing parts; (c) evidence of non-compliance or defects such as a photo of the Goods or the packaging of the Goods, etc.;
    3. Upon lodging a complaint, the User initially has the right to demand that RACD remedy the non-compliance of the Goods free of charge or replace the Goods free of charge with goods that comply with the terms of the Agreement, except where this is impossible or disproportionate.
16. RACD must investigate the User’s complaint about faulty or non-compliant goods within a 15-day period following receipt of the complaint. If a justified reason prevents a response to the User’s complaint within this timeframe, RACD must promptly inform the User in writing, specifying a reasonable period within which a response will be provided and justifying the need for such an extension.
17. If RACD determines that the Goods are of substandard quality, the User’s request for replacement or repair of the Goods must be honoured. RACD reserves the right to request that the User return the damaged Goods.

Quality Warranty and Responsibility

18. The characteristics and usage instructions of Goods available to pre-order on the Online Platform are detailed in the description accompanying each item. The accuracy of the description of the Goods’ characteristics is the responsibility of the manufacturers and/or distributors of the Goods. However, RACD is responsible for correctly providing this information to the User, unless otherwise stipulated by law or regulations.
19. The Goods displayed on the Online Platform may slightly differ in size, shape and colour from the Goods provided to the User. This is due to the technical characteristics of the devices used to pre-order the Goods or other reasonably foreseeable differences.

RACD’s Right to Modify the Terms and Conditions

20. 20. RACD reserves the right to review and modify these Terms and Conditions at any given time. The User is bound by the terms of the Terms and Conditions in force at the time the User utilises the Online Platform or places a pre-order, unless a change is necessitated retroactively by law or a decision from governmental entities.

Applicable Legislation and Jurisdiction

21. These Terms and Conditions are governed by the laws and regulations of the Republic of Latvia. Any dispute arising from or related to the use of RACD’s services or these Terms and Conditions falls under the jurisdiction of the courts of the Republic of Latvia. If the User is deemed as a consumer, nothing in this Clause will affect the statutory rights of the User as recognised by any applicable legislation in effect.

Suggestions, Complaints and Claims

22. Please submit any comments, suggestions, queries, complaints or claims via our Online Platform, by email or to the address indicated in Clause 1 of these Terms and Conditions. We will endeavour to address complaints and claims as swiftly as possible, within the legally mandated timeframe. If the User believes their rights have been infringed, they can direct these complaints to RACD in pursuit of an out-of-court resolution.
23. In the event that RACD and the User are unable to resolve the dispute through negotiation, the User may file a complaint with the Consumer Out-of-Court Dispute Resolution Commission or take the matter to court. Hereby RACD, in accordance with EU Regulation No. 524/2013, informs the User that they are entitled to pursue out-of-court resolution for the consumer dispute via the online dispute resolution platform accessible here, and the SIT platform accessible here.
24. Under the Republic of Latvia Consumer Rights Protection Law, the institution responsible for resolving consumer claims via an extra-judicial process is the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), located at 55 Brivibas Street, Riga, Latvia, LV-1010. Their website is: http://www.ptac.gov.lv.