Definitions and Interpretation of Terms:

Terms and Conditions —the Terms and Conditions, including any amendments and supplements thereto, published on the Lotos Pharma website www.fitodroga.com

Seller —FitoDroga, SIA, reg. No. 40203259558, registered address: Plieņciema street 16, Mārupe, Mārupe Municipality, LV-2167, phone: +371 26 002 554, email: info@fitodroga.com.

Buyer —a natural or legal person with legal capacity (acting through an authorized representative) who places an Order and pays for the ordered Products on the website  , with or without registration.

The website —accessible at the following address: www.fitodroga.com—allows the Buyer to place orders for Products and make payments for the ordered Products online, as well as to select other payment methods and their preferred method of receiving the Products.

Online store —The Seller’s online store, where the Buyer can pick up the items specified in the Order on-site if they have selected this method of receiving the Items (free delivery).

Products —any items displayed on the Website that are available for the Buyer to order and purchase.

Product price —the price indicated next to each product’s image and description at the time the Order is placed, and at which the Buyer is entitled to purchase the specific products. The Product price does not include delivery charges or any costs incurred by the Buyer in returning the Products.

Order at —on the website www.fitodroga.com An order placed online by the Buyer, in which the Buyer specifies: The items they have chosen to purchase, the payment method for the order, the delivery method for the items, and the delivery address. An Order shall be deemed fully completed once the Buyer has received the Products and has paid in full for the Products specified in the Order, including the charges applicable to the selected delivery method, using one of the payment methods offered by the Seller.

Shopping Cart —a virtual shopping cart that allows the Buyer to add or remove Items from the list of selected Items before completing the Order. The availability of the Items added to the shopping cart is not guaranteed until the Order has been fully completed.

Registered user —A Buyer who has chosen to register on the Website and consent to the processing of their personal data by providing information about themselves via a standardized form, to ensure the Buyer’s identification on the online pharmacy, access to additional features on the Website that are not available to unregistered users, and other benefits when continuing to use the Website. A registered user may withdraw their consent to the processing of personal data related to their account on the Website at any time by requesting the deletion of their registered account.

Loyalty Program Customer — A registered user who, upon registering on the Website, has explicitly consented to receive the following information from the Seller and/or its partners: marketing offers, offers specifically tailored to the Buyer, as well as the information about various sales promotions and other offers. A registered user on the Website may, at any time, change the content of the offers mentioned above, in accordance with the available options, or opt out of receiving such information altogether.

Order Confirmation —an automatic notification sent to the Buyer from the online store system , stating that the Buyer’s order placed on the Website has been accepted and is being processed, which is sent to the Buyer at the email address they provided.

Distance Contract —a contract concluded remotely between the Buyer and the Seller in the online environment of the Website in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia, whereby the Buyer has expressed a clear and unequivocal intention to purchase the Products specified in the Order, and the Seller undertakes to deliver the Products specified in the Order to the Buyer.

Right of Withdrawal —The right of the Buyer (a natural person defined as a “consumer” in the Consumer Rights Protection Law) to, within a specified period (14 days from the date of delivery of the Products), without providing any justification, to withdraw from a distance contract (for products or services ordered via a distance contract).

Discount Coupon — During a marketing campaign, when placing an Order, the Buyer may be offered the opportunity to use a Coupon to receive an additional discount. The terms and conditions and validity period for each coupon campaign are specified individually on the printed coupon or in digital communication. The Buyer may enter the Coupon code in the designated field in the shopping cart before placing the Order. If the Coupon conditions do not apply to the contents of the shopping cart, the Coupon has expired, or the Coupon is otherwise invalid, the Buyer will be notified by a visual alert.

SIA “FitoDroga” reserves the right to unilaterally change the terms of this promotion or to terminate it without a prior notice.

1. General Terms

1.1. These Terms and Conditions set forth the general rules for the online store www.fitodroga.com Terms of Service. These Terms and Conditions apply when the Buyer selects and purchases products and services offered in the online store or uses the services provided by the online store in any other way. Information regarding the processing of the Buyer’s personal data when using the online store is included in the Privacy Policy, which is available on the Website.

1.2. By using the Online Store Website in any way, the Buyer confirms that they have the right to make purchases in the Online Store and meet the definition of the Buyer set forth in these Terms and Conditions.

1.3. The Seller shall have the right to amend these Terms and Conditions at any time. The Terms and Conditions, including any amendments or supplements thereto, are available on the Website and shall enter into force on the date of their publication, unless otherwise provided in the Terms and Conditions.

1.4. If an Order was accepted before the amendments to the Terms and Conditions took effect, the Buyer shall be subject to the Terms and Conditions that were in effect at the time the Order was accepted, unless the Terms and Conditions provide otherwise.

1.5. If the Buyer has not read and/or does not agree, in whole or in part, to the Terms and Conditions, the Buyer will not be able to place an order for the Products at the online pharmacy. By placing an Order in the Online Store, the Buyer shall be deemed to have read and accepted these Terms and Conditions, as well as to have been informed about the processing of personal data by reviewing the Privacy Policy.

1.6. The prices of the Products displayed in the Online Store are stated in euros (EUR) and include VAT at the applicable rate for each item.

1.6.1. In accordance with the laws of the Republic of Latvia, the Seller has the right to change the prices of the Products at any time, unless the Terms and Conditions provide otherwise. Products are sold to the Buyer at the prices in effect at the time the Order is fully completed.

1.7. The Buyer may place Orders for Products in the Online Store either as a Registered User or without registering an account.

1.7.1. If the Buyer wishes to become a Registered User, they must select the “Join” button on the Website’s home page and fill in the required information in the “New Buyer Registration” section. After registration is confirmed, the Buyer has the option to provide additional (optional) information if they wish to receive personalized offers.

1.7.2. When registering, the Buyer has the option to choose to receive information and offers from the Seller and/or its partners. If the Buyer has opted to receive such information, the Registered User shall, within the meaning of these Terms and Conditions, be considered a customer of the Loyalty Program. Depending on the information the Buyer has opted to receive, the Seller may, as part of the Loyalty Program, send the Buyer information about Product sales, promotional products, personalised offers based on purchase history, and information and offers from the Seller’s partners.

2. Catalog, Products and Prices

2.1. The images of products displayed on the website are for illustrative purposes only. The actual Products delivered or their packaging may differ from those shown in the illustrations in terms of size or appearance; however, the Seller will do its utmost to ensure that such differences do not occur or are minimal.

2.2. Any information or content posted on the Website, in any form, including but not limited to photographs and other visual materials, is the property of the Seller. Such content is protected by intellectual property rights in accordance with the laws of the Republic of Latvia and the European Union. Any use of this content, for any purpose, may constitute a violation of copyright or other laws. The use, sale, distribution, reproduction, or creation of derivative works of the content without the Seller’s written consent is prohibited.

2.3. The price of the products does not include the delivery charge. Delivery charges and/or fees for other selected services are charged in addition to the price of the Products. The current delivery fee is displayed to the Buyer when placing an Order, depending on the delivery method and location.

3. Shopping Cart

3.1. The shopping cart is filled as the Buyer browses the Product Catalog and adds selected items to the cart by clicking the “ADD TO CART” button. Adding items to the shopping cart does not place an order. The Buyer may change the contents of the shopping cart—adding or removing items.

3.2. Buyers can search for products on the website using the search functions provided. Buyers can filter products by various criteria, such as: Title, Manufacturer, Product Type, Category, or Price.

3.3. When placing an Order on the Website, the Buyer must ensure that the information provided is correct and/or accurate. Inaccurate or incorrect information may delay or prevent the Seller from fulfilling the Order.

3.4. After selecting the Items and adding them to the Shopping Cart, the Buyer must click the “CART” button to proceed with the Order. The Shopping Cart will then display all Items that have been added to it. To begin placing an order, the Buyer must click the “CONTINUE” button.

3.5. In cases where multiple Buyers have simultaneously added the same item to their shopping cart, and the number of available units is less than the number of Buyers, only those Buyers who were the first to begin and complete the Order will be able to place the Order. If any Items in the Shopping Cart become unavailable, the Website’s automated system will prevent the Buyer from completing the Order and will display a visual alert informing the Buyer of the changes to the Items in the Shopping Cart and the total Order amount.

3.6. If the Buyer has added Items to the Shopping Cart but has not yet started placing the Order, and the price of the Items changes during that time, the Website’s automated system will display a visual alert informing the Buyer of the changes to the Items in the Shopping Cart and the total Order amount.

4. Delivery Methods and Shipping Costs

4.1. When placing an Order, the Buyer may choose one of the following delivery methods:

1) Free pickup at the online store—16 Plieņciema Street, Mārupe.

2) Delivery of Products to “Omniva” parcel lockers— , a Product pickup point operated by the Seller’s partner, where the Buyer can pick up the purchased Products.

3) Delivery of Products to Post Offices— , a Product Pickup Point operated by the Seller’s partner, where the Buyer can pick up the purchased Products.

4) Delivery of the Products via Eksprespasts—to a collection point designated by the Buyer, where the Seller’s delivery partner delivers the Products.

5. Payment Terms

5.1. The Buyer may pay for the Order in the following ways:

5.1.1. By bank transfer.

When making a payment by bank transfer, please use the following payment details:
Recipient: SIA FitoDroga
Bank: AS “SEB Banka”
IBAN: LV95UNLA005001862438
SWIFT: UNLALV2X
Registration No.: 40203259558
VAT Registration No.: LV40203259558

Please include the Order No. only in the payment reference.

5.1.2. Pay via Swedbank, SEB, Citadele, Luminor, or Nordea online banking, a Paysera account, or the WebMoney system.

5.1.3.  VISA/MasterCard payment cards are accepted when picking up an order in person.

6. Order Fulfillment

6.1. The delivery and fulfillment time for an Order depends on the selected delivery method and the time the Order was placed.

6.2. An Order is considered accepted once the Buyer has placed and fully completed the Order and has received an Order confirmation via email.

6.3. The Buyer has selected the Seller’s standard delivery method at —free delivery, i.e. pickup of the Products at the online store location (Riga, 16 Plieņciema Street). The Buyer may collect the ordered Products from the Seller’s premises on business days between 9:00 a.m. and 5:00 p.m.

6.4. If the Buyer has indicated in the Order that they wish to receive the Products via a courier service, then:

6.4.1. the ordered goods will be delivered to the address specified by the Buyer in the Order. The Buyer may not change the delivery address for the Products after the Order has been confirmed;

6.4.2. before delivering the Products to the address specified by the Buyer, the courier will contact the Buyer to confirm the delivery location and time;

6.4.3. if the Buyer is not present at the address specified in the Order at the time agreed upon with the courier, the Seller shall not be liable for any delay in the delivery of the Products or for any failure to deliver the Products;

6.4.4. if the provision of the delivery service has been commenced but could not be fully completed due to the Buyer’s fault or circumstances attributable to the Buyer (for example, an incorrect delivery address has been provided), the payment for such delivery service shall not be refunded to the Buyer in the event of cancellation of the Order.

6.5. If the Buyer has specified in the Order that they wish to receive the Products at one of the “Omniva” parcel lockers, “Post Offices,” or other pickup locations available at the time the Order is placed, then, upon receiving an informational text message notifying them that the shipment is available at the respective pickup location, the Buyer may go to pick up the purchased Products.

6.6. The Seller assumes no liability for delays in delivery caused by the delivery service provider, regardless of the reasons or circumstances that led to such delays.

7. Receipt of Products

7.1. The Buyer receives the delivered Products in a cardboard box or some other protective outer packaging.

7.2. Proof of purchase—delivery note, —is prepared and sent to the Buyer in electronic form to the email address specified in the Order, regardless of the payment or delivery method. The electronic delivery note is valid without a signature. By placing an Order, the Buyer confirms their consent to receive the purchase document electronically.

7.3. Upon receiving the Products from the Seller, the Buyer must provide the unique identification number of the Order.

7.4. The Buyer may pick up the ordered Products from the Seller in person or have them picked up by an authorized representative. An authorized person is someone who knows the unique Order Number.

8. Quality of Products and Responsibility for the Storage of Products

9.1. The Product expiry date and manufacturer are indicated on the Product packaging.

9.2. Upon opening the Product packaging (cardboard box), the Buyer shall check whether the delivered Products correspond to those specified in the Order, whether the correct type and quantity of Products have been delivered, and whether the Products have any defects or other damage. The Buyer shall also inspect the condition of the Product packaging and check for any damage to the packaging.

9.3. After receiving the Products, the Buyer shall be responsible for preserving the quality and safety of the Products during the withdrawal period. To exercise the right of withdrawal, the Products must be unused, undamaged, and in their original condition (with labels still attached and undamaged, protective films unopened, etc.). The Buyer is liable for any decrease in the value of the Products if the Buyer has used the Products for a purpose for which they were not intended.

9.4. The Buyer is required to carefully read the information provided on the Product label or packaging before using the Product, as well as to review the instructions for use of the Product.

9. Right of Withdrawal

10.1. The right of withdrawal is the Buyer’s right to return the Products within 14 days from the date on which the Buyer or a third party designated by the Buyer received the Products, in accordance with the Procedure for Exercising the Right of Withdrawal.

10.2. The right of withdrawal may be exercised if the Buyer has retained a document confirming the purchase, which must be submitted to the Seller together with the purchased Products.

10.3. The Buyer may exercise the right of withdrawal if the Products have visible defects that occurred during the delivery or if the Products are defective.

10.4. In order for the Buyer to exercise the right of withdrawal, the Buyer must notify the Seller of the exercise of this right by email to info@fitodroga.com or call at +371 24246799.

10.5. If the Buyer and the Seller agree on the return of the Products to the Seller, the Buyer is obligated, within 14 days after sending the Return Form (or handing it over) to the Seller, to return the Products to the Seller by dropping them off at the Avemed.lv online store, located at 16 Plieņciema Street, Mārupe, LV-2167. The Buyer shall be responsible for covering the costs associated with returning the Products.

10.6. The Seller shall refund to the Buyer any payments received from the Buyer, including delivery costs, if any, incurred in connection with the return of the Products—Courier Delivery, within 30 days from the date the Seller receives the completed Return Form (decision to withdraw from the contract) from the Buyer, and once the Seller has received the returned Products that the Buyer is returning. The Seller shall refund the aforementioned amount to the Buyer by wire transfer to the Buyer’s bank account.

10.7. If the Seller and the Buyer have agreed on the return of the Products, the Seller shall have the right to withhold the refund until the Seller has received the Products that the Buyer wishes to return.

10. Consumer Claims for Non-Conforming Products

11.1. A Buyer who qualifies as a consumer under the Consumer Rights Protection Law is entitled to submit a claim to the Seller regarding the non-conformity of the Products with the contract within two years from the date of purchase of the Products. Such a claim shall be submitted to the Seller within two months from the date on which the Buyer discovered the non-conformity of the Products with the terms of the contract. The date of purchase of the Products shall be deemed to be the date on which the Seller has delivered and the Buyer has accepted the relevant Products.

11.2. More information on the consumer’s rights in cases where the consumer has purchased Products that do not conform to the terms of the contract can be found in Chapter VII “Consumer Claims” of the Consumer Rights Protection Law.

11.3. If the Seller acknowledges the Buyer’s claim as valid, the Seller shall replace the incorrect or defective Products, mutually agreeing with the Buyer on the procedure for replacing the Products.

11. Limitations of Liability and Force Majeure

13.1. The Buyer is liable for any losses it may cause the Seller by violating these Terms.

13.2. The Seller shall not be liable to the Buyer for any losses or damages incurred by the Buyer due to the failure to deliver the Products on time or a delay in delivery, or if the delivery of the Products is delayed or postponed due to adverse or unforeseen weather conditions.

12. Conclusion of a Distance Contract, Term of a Distance Contract

14.1. By confirming the Order, the Buyer expressly and unequivocally confirms that they have agreed to enter into and have entered into a Distance Contract in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia, that they undertake to fulfill the obligations arising from the Distance Contract, and that they are a legally capable natural person or a legal entity with legal capacity who is aware of having sufficient financial resources to pay for the ordered Products.

14.2. If the Buyer is under 18 years of age, the Buyer confirms that he or she has informed his or her legal representative, who has given consent to the conclusion of the Distance Contract, and, if necessary, that legal representative will assume the obligations under the concluded Distance Contract.

14.3. The Distance Contract shall be concluded when the Buyer has made full payment for the ordered Products.

14.4. In the case of a Distance Contract, the Buyer is responsible for maintaining the quality and safety of the Products during the period in which the right of withdrawal may be exercised. The Buyer shall retain the original Product packaging in order to prevent external mechanical damage to the Products and to protect them from the adverse effects of external conditions.

14.5. The Distance Contract shall be deemed concluded when the Buyer has made the payment, provided that the payment has been confirmed by the Buyer’s bank.

14.6. The Distance Contract remains in effect for as long as the obligations arising from the Distance Contract remain to be fulfilled.

13. Dispute Resolution

15.1. Any disputes that arise between the Buyer and the Seller, or that arise in connection with the purchase of Products from the Online Store, the Parties shall endeavor to resolve through mutual negotiations or correspondence, with the aim of reaching a mutually beneficial and acceptable solution.

15.2. If the dispute cannot be resolved through negotiations or correspondence, the Parties shall resolve the dispute in a court of the Republic of Latvia, in accordance with the laws of the Republic of Latvia. Disputes between the Buyer (consumer) and the Seller may be referred to the Consumer Rights Protection Center or a court of the Republic of Latvia for resolution.

14. Handling of Complaints, Suggestions and Feedback

16.1. The Buyer may submit suggestions, provide feedback, and file complaints by sending an email to info@fitodroga.com.