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NOONCHI ORGANICS

B2C TERMS AND CONDITIONS OF SALE

These B2C Terms and Conditions of Sale (“Terms”) govern all sales of products by SIA NOONCHI, operating under the brand Noonchi Organics (“Noonchi”, “Seller”, “we”, “our”, “us”), to direct physical customers (“Buyer”, “Client”, “you”).

By placing an order with Noonchi Organics, the Buyer confirms that it has read, understood, and accepted these Terms.

SECTION 1

SECTION 2 SCOPE OF APPLICATION

These B2C Terms and Conditions of Sale (“Terms”) govern the sale of products by SIA NOONCHI, operating under the brand Noonchi Organics (“Noonchi”, “Seller”, “we”, “our”, “us”) to private individuals purchasing products for personal, non-commercial use.

These Terms apply to purchases made through Noonchi Organics’ consumer sales channels, including:

online stores operated by Noonchi;
official Noonchi websites;
social media channels used by Noonchi for consumer sales;
e-mail correspondence relating to consumer orders;
direct consumer sales;
invoices, order confirmations and payment requests issued in connection with consumer purchases; and
other consumer sales channels operated or authorized by Noonchi.

These Terms apply exclusively to business-to-consumer (B2C) transactions where the Buyer acts as a private consumer and purchases products primarily for personal use and not in the course of their trade, business, craft or profession.

By placing an order with Noonchi Organics, the Buyer confirms that they are acting as a consumer, unless they expressly inform Noonchi otherwise before placing the order.

All consumer purchases are subject to the mandatory consumer protection laws applicable to the Buyer, including, where applicable, statutory rights relating to information requirements, conformity of goods, defective products, complaints, guarantees and the right of withdrawal for distance contracts.

Nothing in these Terms shall limit or exclude any rights or protections granted to consumers by mandatory applicable law. Where any provision of these Terms conflicts with mandatory consumer protection legislation, the mandatory legal provisions shall prevail.

These Terms apply to each consumer order placed with Noonchi unless otherwise expressly agreed or unless mandatory applicable law provides otherwise.

Any terms or conditions proposed by the Buyer shall not apply unless expressly accepted by Noonchi in writing and to the extent permitted by applicable consumer protection law.

Noonchi may amend or update these Terms from time to time. The version of the Terms applicable to a particular order shall be the version in force at the time the order is placed, unless a later amendment is required by applicable law.

SECTION 3

PRODUCTS

Noonchi Organics produces handmade soft modeling clay products and creative sensory products. Products may include:

single-color soft clay products;
handmade clay designs applied over a colored base;
themed and customized handmade sensory sets;
limited edition handmade artistic products.

Each product is handmade individually without industrial molds, cutters, or automated production.

Due to the handmade nature of the products, Noonchi reserves the right to make reasonable variations in: colors; shades; dimensions; textures; scent; decorative placement; artistic details; overall appearance. Products sold under the same SKU may differ from one another. Such differences shall not be considered defects.

We have made every effort to provide an accurate representation of our products and services in our online stores and wholesale materials. However, colors and product appearance may differ depending on: device screens; monitor calibration; photography; lighting conditions; manual production processes.

Noonchi does not guarantee that the appearance of products will be identical to photographs, renderings, samples or previous handmade batches.

All product descriptions, packaging, specifications and product availability may be changed at any time without prior notice.

Noonchi reserves the right to discontinue products or limit quantities supplied to specific customers, markets or territories.

SECTION 4 ORDERS

By placing an order with Noonchi Organics, the Buyer submits an offer to purchase the selected products under these Terms.

Orders may be placed through:

the Noonchi Organics online store;
other consumer sales channels operated or authorized by Noonchi.

After an order is submitted, the Buyer will receive an automatic e-mail confirming that the order has been received by Noonchi’s system. This automatic confirmation only acknowledges receipt of the order and does not by itself constitute acceptance of the order.

A binding sales agreement is concluded when Noonchi sends the Buyer a separate order confirmation by e-mail confirming that the order has been accepted and will be processed.

Noonchi reserves the right to refuse or cancel an order before acceptance where, for example:

the ordered product is unavailable;
there is an obvious error in the product description or price;
the order cannot be fulfilled for technical, logistical or other legitimate reasons; or
Noonchi reasonably suspects fraudulent or unauthorized use of the payment method.

If an order is cancelled after payment has already been received, Noonchi will refund the amount paid for the cancelled order using the original payment method, unless otherwise required or permitted by applicable law.

The Buyer is responsible for ensuring that all information provided when placing an order is accurate and complete, including the Buyer’s name, billing information, delivery address, e-mail address, telephone number and any other information necessary for processing and delivering the order. Noonchi shall not be responsible for delays or failed delivery caused by incorrect or incomplete information provided by the Buyer.

All products offered by Noonchi are handmade. Individual products may therefore have minor variations in colour, texture, shape, appearance or other characteristics. Such reasonable variations are inherent to handmade production and do not constitute defects where the product otherwise conforms to its description and applicable legal requirements.

Where products are produced or prepared specifically following the Buyer’s individual specifications or are clearly personalized at the Buyer’s request, any applicable statutory right of withdrawal may be excluded or restricted to the extent permitted by mandatory applicable law. Any such exclusion or restriction will be communicated to the Buyer before the order is placed.

Production and processing times indicated by Noonchi are estimates unless a specific delivery date has been expressly agreed. Processing times may vary depending on order volume, seasonality, availability of materials and other operational circumstances.

Noonchi may, where reasonably necessary, ship an order in separate deliveries or postpone part of an order due to production, stock or logistical reasons. The Buyer will be informed of any material delay or change affecting the order.

Nothing in this Section limits the Buyer’s mandatory statutory consumer rights, including rights relating to cancellation, withdrawal, delivery, conformity of goods, defective products, refunds or other protections applicable under mandatory consumer protection law.

SECTION 5 PRICES AND PAYMENT

All prices displayed by Noonchi Organics are indicated in EUR and include applicable VAT and other mandatory taxes, unless expressly stated otherwise.

The applicable price is the price displayed to the Buyer at the time the order is placed. Prices may be changed at any time; however, any price change will not affect an order that has already been accepted by Noonchi.

Any applicable delivery charges, additional fees or other costs will be clearly indicated to the Buyer before the order is placed and will be included in the total amount payable.

Noonchi may offer discounts, promotional prices or special offers from time to time. Unless otherwise stated, promotional offers cannot be combined and are available only for the period and under the conditions specified by Noonchi.

Payment must be made using the payment methods made available by Noonchi at the time of purchase. The available payment methods and any applicable payment conditions will be displayed during the checkout process.

An order will be processed after the payment has been successfully authorized or received, as applicable to the selected payment method.

The Buyer will be informed of the total amount payable, including the price of the products and any applicable delivery charges, before completing the purchase.

For orders delivered outside the European Union, the Buyer may be required to pay import duties, customs charges, taxes or other fees imposed by the destination country. Unless otherwise expressly stated at checkout, such charges are not included in the purchase price and are the responsibility of the Buyer.

The Buyer is responsible for providing accurate billing and delivery information necessary for payment and delivery of the order.

Nothing in this Section affects the Buyer’s mandatory statutory rights regarding pricing, payment, refunds or other consumer protections under applicable law.

SECTION 6 PRODUCTION TIME AND HANDMADE MANUFACTURING

Noonchi products are handmade and produced in small batches. The manufacturing process involves substantial manual work and is not based on industrial mass production.

Products offered for sale to consumers are generally in stock and ready for dispatch at the time the order is placed.

Orders are normally processed and dispatched within four (4) to five (5) business days after the order has been accepted and payment has been successfully received or authorized, as applicable.

The dispatch timeframe may be extended during periods of exceptionally high demand, holidays or other circumstances affecting order processing. If a significant delay is expected, Noonchi will inform the Buyer as soon as reasonably possible.

The dispatch timeframe refers to the time required to prepare and hand the order over to the carrier. It does not include the transit time required for delivery to the Buyer.

Because Noonchi products are handmade, reasonable variations may occur between individual products and batches, including variations in:

colour tones;
decorative details;
texture;
dimensions;
visual appearance; and
packaging details.

Such reasonable variations are inherent to handmade production and shall not constitute a defect or lack of conformity where the product remains consistent with its description, intended use and applicable legal requirements.

Handmade variations do not affect the Buyer’s statutory rights in relation to defective, damaged or non-conforming products.

SECTION 7

DELIVERY

Delivery of products is organized by Noonchi Organics and arranged using shipping providers selected by Noonchi unless otherwise agreed separately in writing. Shipping, freight, packaging, customs-related and logistics costs are borne by the Buyer and are added to the relevant invoice, quotation or order confirmation.

Shipping costs may vary depending on: destination country; shipment size and weight; shipping method; courier pricing; customs requirements; fuel surcharges; seasonal logistics costs. Noonchi reserves the right to select the shipping method, logistics provider and delivery route at its reasonable discretion.

Shipments may be carried out through third-party carriers, freight forwarders, courier companies or logistics partners. Estimated delivery timelines provided by Noonchi are indicative only and do not constitute guaranteed delivery dates.

Delivery periods may vary depending on: production timelines; export formalities; customs procedures; destination country regulations; carrier operations; public holidays; seasonal shipping volume; force majeure events.

The Buyer is fully responsible for providing accurate and complete shipping and contact information, including: legal company name; delivery address; postal code; contact person; telephone number; e-mail address; import and customs information where required. The Buyer is responsible for ensuring that products may be legally imported, distributed and resold in the destination country.

Noonchi shall not be responsible for refusal of import, customs seizure, regulatory restrictions or local compliance issues in the destination country. Risk of loss, damage or destruction of goods transfers from Noonchi to the Buyer immediately upon handover of the shipment to the carrier, courier or freight company. Ownership transfer shall be governed separately by applicable payment and invoice conditions where relevant.

The Buyer must inspect shipments immediately upon receipt. Any visible transport damage, damaged packaging or missing goods must be documented and reported: to the carrier upon delivery where possible; and to Noonchi without undue delay together with photographic evidence. Failure to report visible transport damage promptly may affect the Buyer’s ability to obtain replacement products or transport-related claims handling.

Noonchi reserves the right to make partial shipments where commercially or operationally necessary.

SECTION 8

PRODUCT STORAGE AND SHELF LIFE

Noonchi Organics products are handmade sensory and modeling products produced using soft handmade materials and ingredients that may naturally react to environmental conditions over time. When stored correctly and kept unopened in original sealed packaging, products may generally be stored for up to two years from the date of supply or production.

Proper storage conditions include, but are not limited to: keeping the product in tightly sealed original packaging or container; avoiding direct contact with hands, skin or body parts before intended use; avoiding contamination by water, dust, food or foreign substances; storage in a dry environment; storage at normal indoor room temperature; protection from direct sunlight; protection from excessive heat or cold; avoiding exposure to humidity or moisture; avoiding prolonged exposure to air.

After the product is opened, used, touched or otherwise exposed to air, hands or external environmental conditions, the recommended shelf life becomes approximately six months, depending on storage conditions and intensity of use. The Buyer acknowledges and accepts that Noonchi products are handmade artisan products and not industrially mass-produced standardized goods.

Due to the handmade and sensory nature of the products, natural variations and changes may occur over time, including but not limited to: texture changes; softening or hardening; color changes or fading; scent intensity changes; drying effects; surface irregularities; separation of decorative elements; minor shrinkage or expansion. Such natural changes shall not be considered defects or product non-conformities. Noonchi does not guarantee permanent preservation of original texture, scent, softness or appearance throughout the entire storage period, especially after opening or use.

Products are intended to be sold and used within commercially reasonable periods.

Noonchi shall not be responsible for deterioration resulting from: improper storage; exposure to sunlight or heat; exposure to moisture or humidity; improper handling; prolonged storage after opening; contamination after delivery; failure to maintain sealed packaging.

Improper storage, handling or environmental exposure voids any replacement obligations, warranty claims or liability of Noonchi related to product condition after delivery.

SECTION 9 RETURNS, WITHDRAWAL, DAMAGES AND REPLACEMENTS

Noonchi respects all mandatory consumer rights applicable to purchases made through its consumer sales channels.

9.1 Order Cancellation Before Dispatch

The Buyer may cancel their order at any time before the order has been dispatched by Noonchi. To cancel an order, the Buyer must contact Noonchi using the contact details provided on the Noonchi Organics website and provide their order number.

If the order is successfully cancelled before dispatch, Noonchi will issue a full refund of the amount paid using the original payment method.

Once the order has been dispatched, cancellation of the order is no longer possible under this provision. The Buyer may, however, exercise any statutory right of withdrawal or other consumer rights available under applicable law.

9.2 Damaged Products

If a product arrives damaged, the Buyer should contact Noonchi as soon as reasonably possible after delivery and provide:

the order number;
a description of the damage;
photographs of the damaged product;
photographs of the product packaging; and
photographs of the shipping package.

The Buyer is encouraged to provide photographs of any visible damage to the parcel or packaging immediately after delivery, as this may assist Noonchi in resolving the matter with the delivery carrier.

If the product was damaged during transportation, Noonchi will, as appropriate and in accordance with applicable law, offer a replacement, repair, refund or another appropriate remedy.

Any replacement product will be shipped at no additional cost to the Buyer where Noonchi is responsible for the damage.

9.3 Defective or Non-Conforming Products

If a product is defective, damaged or does not conform to the order or its description, the Buyer may have statutory rights to a repair, replacement, price reduction, refund or other remedy, depending on the circumstances and applicable law.

Handmade variations in colour, texture, scent, decorative details or appearance that are consistent with the product description and the nature of handmade production do not in themselves constitute a defect or lack of conformity.

9.4 Returns

Where a return is required under applicable law, Noonchi will provide the Buyer with the necessary return instructions.

Products should be returned in accordance with the applicable return instructions and in their original packaging.

The Buyer should not return a product without first contacting Noonchi and receiving return instructions, except where applicable law provides otherwise.

Nothing in these Terms limits or excludes any mandatory statutory rights of the Buyer relating to withdrawal, defective products, damaged products, conformity of goods, refunds or other consumer remedies.

SECTION 10 INTELLECTUAL PROPERTY

All intellectual property rights related to Noonchi Organics, including but not limited to its products, product concepts, formulations, designs, packaging, branding, trademarks, trade names, texts, photographs, graphics, videos, marketing materials, catalogues and other creative or commercial content developed by or for SIA NOONCHI, are and shall remain the property of SIA NOONCHI or are used by Noonchi under lawful authorization.

The purchase of Noonchi Organics products does not transfer any intellectual property rights or licenses to the Buyer. The Buyer receives only the right to own and use the purchased original product for its intended personal purpose.

The Buyer acknowledges that Noonchi products, their appearance, packaging design, visual presentation, branding and other distinctive elements may be protected by intellectual property laws.

The Buyer shall not, without the prior written consent of SIA NOONCHI:

copy, reproduce, imitate or otherwise duplicate any Noonchi products, product designs, formulations or concepts;
reproduce or use Noonchi trademarks, trade names, logos, packaging designs, visual identity or other distinctive brand elements;
modify, adapt, translate or create derivative works based on Noonchi intellectual property, except where such use is expressly permitted by law;
deconstruct, reverse-engineer or otherwise examine Noonchi products for the purpose of copying or reproducing them;
use Noonchi intellectual property for the manufacture, promotion or development of competing or substantially similar products;
register or attempt to register any trademarks, trade names, designs or other identifiers that are identical or confusingly similar to Noonchi intellectual property.

The Buyer may use purchased Noonchi products in accordance with their intended purpose and may photograph and share photographs of purchased products for personal, non-commercial purposes, provided that such use does not imply any partnership, sponsorship, licensing arrangement or other official relationship with Noonchi Organics.

Nothing in these Terms grants the Buyer any right to use Noonchi intellectual property for commercial purposes unless such use is expressly authorized by SIA NOONCHI in writing or otherwise permitted by applicable law.

Any unauthorized copying, reproduction or other unlawful use of Noonchi intellectual property may result in the exercise of any rights and remedies available to SIA NOONCHI under applicable law, including requests to cease the infringement and claims for damages where applicable.

SECTION 11 LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Noonchi Organics shall not be liable for indirect, incidental or consequential losses arising in connection with the use of purchased products, where such losses are not a direct and reasonably foreseeable consequence of Noonchi’s breach of its obligations.

In particular, Noonchi shall not be liable for losses arising from:

use of the products contrary to their intended purpose;
failure to follow applicable instructions for use, storage or care of the products;
improper storage or handling of the products after delivery where such actions are within the Buyer’s control;
damage to the products occurring after delivery for reasons not attributable to Noonchi; or
circumstances beyond Noonchi’s reasonable control.

Nothing in these Terms excludes or limits Noonchi’s liability where such exclusion or limitation is prohibited by applicable law.

In particular, nothing in these Terms limits the Buyer’s mandatory statutory rights in relation to:

product safety;
conformity of the products with the contract and their description;
defective or non-conforming products;
damage to products occurring before delivery to the Buyer;
refunds or other remedies provided by law;
death or personal injury where liability for such harm cannot legally be excluded or limited; or
wilful misconduct or gross negligence by Noonchi, where exclusion or limitation of such liability is not permitted by law.

To the extent that applicable law permits the limitation of liability, Noonchi’s total aggregate liability in relation to a specific order shall not exceed the amount actually paid by the Buyer for the product or products giving rise to the claim.

The Buyer should notify Noonchi of any problem with a product or delivery within a reasonable period after becoming aware of it. However, failure to do so shall not deprive the Buyer of any mandatory statutory rights or remedies available under applicable consumer protection law.

Nothing in these Terms shall exclude, restrict or otherwise affect any statutory consumer rights or remedies that cannot legally be excluded or limited.

SECTION 12 FORCE MAJEURE

Noonchi Organics shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure is caused by circumstances beyond Noonchi’s reasonable control (“Force Majeure”).

Force Majeure events include, but are not limited to:

natural disasters, including fire, flood, earthquake, storm or other extreme weather conditions;
war, armed conflict, terrorism, civil unrest or riots;
strikes, lockouts, labour disputes or other industrial action;
pandemics, epidemics or other public health emergencies;
significant disruptions to transportation or logistics networks;
customs delays, import or export restrictions, or changes in trade regulations;
significant shortages or unavailability of raw materials, packaging or other materials necessary for production;
governmental actions, changes in legislation, sanctions or administrative restrictions;
significant interruptions to public utilities, including electricity, water or telecommunications; and
significant internet, hosting or information system failures affecting Noonchi’s operations or communications.

Where a Force Majeure event occurs, Noonchi’s obligations directly affected by the event may be suspended for the duration of the circumstances preventing performance.

Noonchi will use reasonable efforts to mitigate the effects of the Force Majeure event and will resume performance as soon as reasonably practicable after the circumstances preventing performance have ceased.

If a Force Majeure event continues for an extended period and materially affects Noonchi’s ability to fulfil an order, Noonchi may suspend or cancel the affected order to the extent reasonably necessary.

If an order is cancelled due to a Force Majeure event, Noonchi will refund any amounts paid for products that have not been delivered, in accordance with applicable law.

Nothing in this Section shall exclude, restrict or otherwise affect any mandatory statutory rights of the Buyer under applicable consumer protection law.

SECTION 13 DATA PROTECTION

Noonchi Organics processes the personal data of consumers in accordance with applicable Latvian data protection legislation and Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR).

Personal data collected from the Buyer may include, where necessary, the Buyer’s name, e-mail address, telephone number, billing and delivery address, payment and transaction details, order information, and other information necessary to process and fulfil the Buyer’s order.

Noonchi Organics may collect, store and process personal data for the following purposes:

processing, managing and fulfilling orders;
processing payments and refunds;
arranging shipping and delivery;
communicating with the Buyer regarding orders, deliveries, returns, refunds and customer support;
providing customer service and responding to enquiries;
complying with legal and regulatory obligations, including accounting, tax and record-keeping requirements;
preventing fraud, misuse and unauthorized transactions;
establishing, exercising or defending legal claims where necessary; and
other purposes where required or permitted by applicable law or where the Buyer has provided the necessary consent.

Noonchi Organics processes personal data on the legal bases provided by applicable data protection law, including the performance of a contract, compliance with legal obligations, legitimate interests and, where required, the Buyer’s consent.

Personal data may be shared with third parties where necessary for the purposes described above, including payment service providers, delivery and logistics providers, IT and hosting providers, accounting and professional service providers, and public authorities where required by law.

Noonchi Organics does not sell the Buyer’s personal data to third parties.

Noonchi Organics takes appropriate technical and organizational measures to protect personal data against unauthorized access, loss, misuse, alteration or disclosure.

Personal data will be retained only for as long as necessary to fulfil the purposes for which it was collected, to comply with applicable legal and accounting obligations, or to establish, exercise or defend legal claims.

The Buyer has the rights provided by applicable data protection law, including, where applicable, the right to access, correct, delete or restrict the processing of their personal data, the right to object to certain processing, the right to data portability, and the right to withdraw consent where processing is based on consent.

Further information about how Noonchi Organics collects, uses and protects personal data, including information about the Buyer’s rights and how to exercise them, is provided in the Noonchi Organics Privacy Policy available on the Noonchi Organics website.

Nothing in these Terms limits any rights granted to the Buyer under applicable data protection legislation.

SECTION 14

GOVERNING LAW AND JURISDICTION

These Terms, and any contractual or non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of Latvia, subject to the mandatory consumer protection laws applicable to the Buyer.

Where the Buyer is a consumer, nothing in these Terms shall deprive the Buyer of any rights or remedies granted by mandatory laws of the country in which the Buyer is habitually resident, where such rights cannot be excluded by agreement between the parties.

Any dispute, controversy or claim arising out of or in connection with these Terms, including their validity, interpretation, performance, breach or termination, shall be subject to the jurisdiction of the competent courts in accordance with applicable jurisdiction rules and mandatory consumer protection legislation.

SECTION 15 FINAL PROVISIONS

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Failure by Noonchi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or prevent Noonchi from exercising or enforcing it in the future.

These Terms, together with any policies or documents expressly referred to herein, govern the relationship between Noonchi and the Buyer in connection with the purchase of Noonchi Organics products under the relevant order.

Noonchi reserves the right to amend or update these Terms from time to time. The version of the Terms applicable to a particular order shall be the version in force at the time the order is placed, unless otherwise required by applicable law.

Updated versions of these Terms shall become effective upon publication on the official Noonchi Organics website and shall apply to subsequent orders.

CONTACT INFORMATION

SIA NOONCHI
Loču iela 4, Jūrmala, LV-2010, Latvia
Registration No.: 40203489944
VAT No.: LV40203489944
Phone: +371 20510571

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Servicevilkår

SECTION 2

SCOPE OF APPLICATION

SECTION 4

ORDERS

SECTION 5

PRICES AND PAYMENT

SECTION 6

PRODUCTION TIME AND HANDMADE MANUFACTURING

SECTION 9