Website www.supfit.lv is operated by Kolibri Grupa Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Kolibri Grupa Ltd. Kolibri Grupa Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. All prices include VAT where applicable.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kolibri Grupa Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kolibri Grupa Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17 INTELLECTUAL PROPERTY RIGHTS
17.1 The Customer acknowledges that:
17.1.1 all Intellectual Property Rights are the Supplier’s (or its licensor’s) property;
17.1.2 nothing in this agreement shall be construed as conferring any licence or granting any rights in favour of the Customer in relation to the Intellectual Property Rights; and
17.1.3 any reputation in any trade marks affixed or applied to the Products shall accrue to the sole benefit of the Supplier or any other owner of the trade marks from time to time.
17.2 The Customer shall not use (other than pursuant to the Contract) or seek to register any trade mark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trade mark or trade name which the Supplier or any associated company of Supplier owns or claims rights in anywhere in the world.
17.3 The Customer shall promptly and fully notify the Supplier of:
17.3.1 any actual, threatened or suspected infringement of any Intellectual Property Rights which comes to the Customer’s notice; and
17.3.2 any claim by any third party that comes to the Customer’s notice that the sale or advertisement of the Products infringes the rights of any person.
17.4 The Customer agrees (at the Supplier’s request and expense) to do all such things as may be reasonably required to assist the Supplier in taking or resisting any proceedings in relation to any infringement or claim referred to in clause 18.4.
17.5 In the event of any claim, proceeding or suit by a third party against the Customer alleging an infringement of any Intellectual Property Right connected with the Products, the Supplier shall defend the Customer at the Supplier’s expense, subject to:
17.5.1 the Customer promptly notifying the Supplier in writing of any such claim, proceeding or suit; and
17.5.2 the Supplier being given sole control of the defence of the claim, proceeding or suit,
and provided that the Supplier shall not be liable for infringements to the extent that they arise out of or in connection with modifications to the Products made by anyone except the Supplier or its authorised representative, or out of use or combination of the Products with products or third party materials not specified or expressly approved in advance in writing by the Supplier, or where the claim, proceeding or suit arises from the Supplier’s adherence to the Customer’s requested changes to the Specification or from infringing items of the Customer’s origin, design or selection.
17.6 Subject to the Customer complying with clause 17.5, the Supplier shall reimburse the Customer with an amount equal to any cost, expense or legal fees incurred at the Supplier’s written request or authorisation and shall indemnify the Customer against any liability assessed against the Customer by final judgement on account of an infringement.
18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of Latvia.
19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Kolibri Grupa SIA (www.supfit.lv) (“supfit.lv”, “we”, “us” or “our”) is a company incorporated in Latvia and company number is 40103286456. Our registered office is Riga, Andrejostas street, LV1045, Latvia.
This policy sets out the basis on which any personal data we collect from you, that you provide to us or that we obtain from other sources, will be processed by us when you:
- use our website at www.supfit.lv ;
- purchase products from us;
- register your purchase with us; and
- sign up to our newsletter.
1. BASIS FOR PROCESSING PERSONAL DATA
1.1 Paragraphs 1.2-1.6 below explain how and why we process your personal data, as well as the legal basis on which we carry out this processing.
1.2 To provide products to you:
Where you order our products online (for example our SUP boards, paddles, clothing and accessories), we will process your personal data to provide these products to you (for example, by delivering products to you). Where you register for enhanced warranties, we will store your details and the information related to your product in connection with the enhanced warranty. Our use of your personal data in this way includes sharing your personal data with our employees and other personnel as well as courier service.
We need to process your personal data in this way to be able to enter into and fulfil our contract with you for the sale of products and/or any enhanced warranty.
1.3 To make our website better:
We may also process personal data in order to provide you with a more tailored experience, including using personal data to make sure our website is displayed in the most effective way for the device you are using. This processing means that our services will be more tailored to you.
We also use various third party cookies to help us improve our website, but we will not share your personal data with the third party analytics and search engine providers that assist us in the improvement and optimisation of our website.
We will also process personal data for the purposes of making our website more secure, and to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
The legal basis on which we process personal data in these circumstances is our legitimate interest to provide you with a better user experience, and to ensure that our website is kept secure.
The use of any non-essential cookies is subject to your consent. You can also prevent us from using your personal data in this way by using the ‘do not track’ functionality in the internet browser. If you enable such do not track functionality, our website may be less tailored to your needs and preferences.
1.4 For marketing purposes:
1.4.1 Where you have opted in to receive marketing communications from us, we will process your personal data to provide you with marketing communications in line with the preferences you have provided. We may use external marketing agents to help us with such marketing communications.
1.4.2 The legal basis on which we process personal data for marketing purposes is your consent. You are not under any obligation to provide us with your personal data for marketing purposes, and you can withdraw your consent to personal data being processed in this way at any time by contacting us [email protected] or, where relevant, by following the unsubscribe info in any marketing communication you receive from us. If you do choose to withdraw consent, this will not mean that our processing of personal data before you withdrew your consent was unlawful.
1.5 If our business is sold: We will transfer your personal data to a third party:
1.5.1 in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets (at all times in accordance with all applicable data protection laws);
1.5.2 if Kolibri Grupa or substantially all of its assets are acquired by a third party, in which case personal data held by Kolibri Grupa about its customers will be one of the assets transferred to the purchaser, in each case, the legal basis on which we process data in these circumstances is our legitimate interest to ensure our business can be continued by a purchaser. If you object to our use of personal data in this way, the relevant seller or buyer of our business may not be able to provide products to you.
1.6 In certain circumstances we may also need to share your personal data if we are under a duty to disclose or share personal data in order to comply with any legal obligation.
2. CATEGORIES OF INFORMATION WE COLLECT FROM YOU
We will collect and process the following personal data:
2.1 Information you give us:
This is information about you that you give us by filling in your details at the online checkout process or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you sign up for our newsletter, register your purchase with us, participate in social media functions on our website, enter a promotion or event, complete a survey and/or when you report a problem with our website. The information you give us may include names, addresses, email addresses and phone numbers.
2.2 Information we collect: With regard to visits to our website we will automatically collect the following information:
2.2.1 technical information, including the Internet protocol (IP) address used to connect computers to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, screen resolution, operating system and platform; and
2.2.2 Information about visits, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
2.3 Information we receive from other sources: We are also working closely with third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, event coordinators, hosting providers and search information providers) from whom we may also receive information about you.
2.4 We do not process any special categories of personal data, meaning personal data revealing:
2.4.1 Racial or ethnic origin;
2.4.2 Political opinions; religious or philosophical beliefs;
2.4.3 Trade union membership;
2.4.4 Genetic or biometric data that uniquely identifies individuals; or
2.4.5 Data concerning an individual’s health, sex life or sexual orientation.
2.5 We do not process data relating to criminal convictions unless legally obliged to do so.
3.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer’s browser or hard drive if you provide your consent.
3.4 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
3.5 Except for essential cookies, all cookies will expire as outlined under the expiration column in the table included in paragraph 3.2.
4. USES MADE OF THE INFORMATION
We will combine the information you provide to us with information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
5. WHERE WE STORE PERSONAL DATA
5.1 The data that we collect from you will be stored in (and will not be transferred out of) the European Economic Area.
5.2 All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. You must not share your password with anyone.
6. PERIOD OF STORAGE
6.1 Where you purchase products from us, we will retain your data for a period of six (6) years after the goods were delivered, to ensure that we are able to assist with any questions or feedback in relation to our goods or to enforce, or protect, or defend our legal rights.
6.2 Where we have processed your personal data to provide marketing communications with your consent, we may contact you at least every twelve (12) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our mailing lists.
7. RIGHTS UNDER DATA PROTECTION LAWS
Right to object
7.1 You have the right to object to us processing your personal data where we are processing your personal data:
7.1.1 Based on our legitimate interests (as set out at sections 1.2, 1.3, 1.3 and 1.5 above). If you ask us to stop processing your personal data on this basis, we will stop processing your personal data unless we can demonstrate compelling grounds as to why the processing should continue in accordance with data protection laws; and
7.1.2 For direct marking purposes. If you ask us to stop processing your personal data on this basis, we will stop.
Right of access
7.2 You have the right to receive confirmation as to whether your personal data is being processed by us, as well as various other information relating to our use of your personal data. You also have the right to access your personal data which we are processing. [We may charge you 10 Euros for exercising this right if we are allowed to do so by applicable law.]
Right to rectification
7.3 You have the right to require us to rectify any inaccurate personal data we hold about you. You also have the right to have incomplete personal data we hold about you completed, by providing a supplementary statement to us.
Right to restriction
7.4 You have the right to restrict our processing of your personal data where:
7.4.1The accuracy of the personal data is being contested by you;
7.4.2 The processing by us of your personal data is unlawful, but you do not want the relevant personal data erased;
7.4.3 We no longer need to process your personal data for the agreed purposes, but you want to preserve your personal data for the establishment, exercise or defence of legal claims; or
7.4.4 We are processing your data on the basis of our legitimate interest (as set out at sections 1.2, 1.3, 1.3 and 1.5 above) and you:
188.8.131.52 Object to our processing on the basis of our legitimate interest under section 7.1.1 above; and
184.108.40.206 Want processing of the relevant personal data to be restricted until it can be determined whether our legitimate interest overrides your legitimate interest.
7.5 Where any exercise by you of your right to restriction determines that our processing of particular personal data are to be restricted, we will then only process the relevant personal data in accordance with your consent and, in addition, for storage purposes and for the purpose of legal claims.
Right to data portability
7.6 You have the right to receive your personal data in structured, standard machine readable format and the right to transmit such personal data to another controller.
Right to erasure
7.7 You have the right to require we erase your personal data which we are processing where one of the following grounds applies:
7.7.1 The processing is no longer necessary in relation to the purposes for which your personal data was collected or otherwise processed;
7.7.2 Our processing of your personal data is based on your consent, you have subsequently withdrawn your consent and there is no other legal ground we can use to process your personal data;
7.7.3You object to the processing in as set out in section 7.1.1 of this policy and we have no overriding legitimate interest for our processing;
7.7.4The personal data have been unlawfully processed; and
7.7.5 The erasure is required for compliance with a law to which we are subject.
7.9 You can exercise such rights by writing to us at [email protected] .
8. LINKS ON OUR WEBSITE
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that you have left our website and these websites have their own privacy policies. We do not accept any responsibility or liability for these policies or websites. Please check these policies before submitting any personal data to these websites.