General Terms for the use of the platform “PERFECT MAN” offered by “db-5” SIA with the Client

These General Terms shall apply to all relations between db-5 SIA and the User related to the use of the “PERFECT MAN” Platform (as defined below) as well as certain aspects of Sales Agreements and Delivery Agreements concluded through the “PERFECT MAN” Platform (as defined below). By signing up in the “PERFECT MAN” Platform, the User agrees to the application and content of these General Terms and is informed about the processing of his/her personal data disclosed during registration and use of the “PERFECT MAN” Platform on the conditions set out in these General Terms. You also agree that your data may be shared.

1. DEFINITIONS

db-5 SIA	means db-5 SIA, registry code 43603030182, address P. Lejiņa 7-9, LV-3002, Latvia, e-mail address 5perfectman5@gmail.com
“PERFECT MAN” Platform	means the platform operated by db-5 SIA as a reminder calendar and as the information society service which functions as the Marketplace that (i) enables Partners to market Goods with a delivery option and enter into Sales Agreements for the sale of Goods to Clients, (ii) enables the Users to place Orders of Goods with the Partner, enter into Sales Agreements as Clients and arrange the delivery of the Goods.
Client	means any User of the “PERFECT MAN” Platform that has signed up, placed an Order and entered into a Sales Agreement with the Partner.

Drop-Off Location	means the address indicated in the Order, where the Client wishes to receive the ordered Goods.
General Terms	means these terms and conditions applicable to the relationship between db-5 SIA and the Client in relation to the use of the “PERFECT MAN” Platform by the Client.
Marketplace	means the virtual marketplace created through the “PERFECT MAN” Platform and operated by db-5 SIA that enables the participating Partners to market their Goods to Users so that the Users can order the Goods and enter into the Sales Agreement with the Partner as Clients for purchasing the Goods and utilise the on-demand delivery services.
Goods	means any goods that the Partner offers for sale through the “PERFECT MAN” Platform.
Goods Price	means the net price (together with applicable value added, sales or other taxes where applicable) that the Client has to pay to the Partner for the ordered Goods.
Order	means the order of Goods that the Client has placed with the Partner.
Order Price	means the price that the User has to pay for the purchase(d) Goods and delivery (if applicable) of the Order.
Partner	means any company that db-5 SIA has concluded an agreement with for the sale of Goods and services on the “PERFECT MAN” Platform.
Sales Agreement	means the agreement between the Client and the Partner for the sale of Goods in accordance with the Order.
User	means any person that has registered a user account on the “PERFECT MAN” Platform and uses the “PERFECT MAN” Platform through that user account.

LEGAL FRAMEWORK

The “PERFECT MAN” Platform enables the Client to order Goods from Partners and arrange the delivery of the Orders to the Drop-Off Location.

For the sale of Goods through the “PERFECT MAN” Platform a Sales Agreement is concluded directly between the Client and the Partner. The Sales Agreement and the Delivery Agreement are deemed to be concluded from the moment that the Order is confirmed on the “PERFECT MAN” Platform.

By operating the “PERFECT MAN” Platform and the Marketplace, db-5 SIA acts only as a provider of the information society service and is neither a party to the Sales Agreement or the Delivery Agreement. db-5 SIA is not the manufacturer or seller of the Goods or provider of the delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement.

By operating the “PERFECT MAN” Platform, db-5 SIA acts as the agent for the Partners in relation to mediation of Sales Agreements between the Partners and the Clients.

3. ORDERING GOODS THROUGH THE “PERFECT MAN” PLATFORM

The Client can select and order Goods through the “PERFECT MAN” Platform. In the event that the Partner cannot provide the Goods as requested in the Order, the Partner will not confirm the Order in the “PERFECT MAN” Platform. The Partner may contact the Client in order to agree on changes to the Order, so that the initial Goods Price would remain the same. If no agreement is reached or if the Client would have to pay more or less for the replacement Goods than the ordered Goods, the Order will be cancelled and the Client will not be charged for the Order or (where applicable) the Order Price will be returned to the Client in full.

The Client has a right to receive Goods which comply with their description set out in the “PERFECT MAN” Platform and any specific requirements (if agreed upon).

During the creation of a User account enabling access to the “PERFECT MAN” Platform, the User’s mobile number is linked to the respective “PERFECT MAN” account and added to “PERFECT MAN” database. If the User is no longer using the mobile number, he/she must notify “PERFECT MAN” within 7 days so that the User’s account data could be anonymized. If the User does not notify “PERFECT MAN” about any change to his/her number, the mobile operator might pass the same mobile number to a next person and when using the “PERFECT MAN” Platform, this new person can see the User’s data.

The Client must comply with applicable laws, including the requirements applicable upon purchase of alcohol, tobacco, energy drinks or any other products requiring age verification. In case the Client wants to order products requiring age verification, he/she must confirm and/or prove his/her age as part of the ordering process. Further, the Courier delivering the Order and/or the Partner in case of self pick-up by the Client may refuse to hand over the products requiring age verification, if the Client does not present a valid photo identification proving that he/she is old enough to legally purchase the products.

4. ORDERING DELIVERY THROUGH THE “PERFECT MAN” PLATFORM

Upon placement of the Order, and if the Partner so provide, the Client has an option to arrange the delivery service by the Courier in order to ensure delivery of the Goods to the requested Drop-Off Location or if available choose a self pick-up option.

The Courier will deliver the Order to the Drop-Off Location indicated by the Client through the “PERFECT MAN” Platform. The Client and the Courier may agree on a different Drop-Off Location, provided that the new address is close to the original Drop-Off Location (not more than a few blocks away).

The Client must be present at the Drop-Off Location at least at the estimated time of delivery of the Order indicated on the “PERFECT MAN” Platform. The Client must be available to receive calls at the phone number submitted through the “THE PERFECT MAN” Platform from the moment of submitting the Order on the “PERFECT MAN” Platform until receiving the Order from the Courier.

“PERFECT MAN”on behalf of the Courier, may cancel the delivery and charge the Client for the full price of the Order in the following cases:

the Client is not available at the Drop-Off Location within 10 minutes of the arrival of the Courier thereto;

the phone number provided by the Client cannot be reached by the Courier within 10 minutes; or

the Client and the Courier fail to agree on a new Drop-Off Location according to Section 4.2 above.

Any delivery time or other time estimate communicated to the Client by the Courier or db-5 SIA through the “PERFECT MAN” Platform are only estimated times. There is no guarantee that the Goods will be delivered at the estimated time. Delivery times of the Orders may also be affected by factors such as traffic jams, rush hours and weather conditions.

In case the Client chooses self pick-up of an Order, the Client must arrive at Partner’s establishment following indicative Order collection time as provided on the “PERFECT MAN” Platform, in order to collect an Order.

5. COMPLAINTS

If the Client has any complaints regarding the ordered Goods or the delivery of the Order, the Client is encouraged to inform db-5 SIA thereof through the “PERFECT MAN” Platform as soon as possible, but no later than within one month of the delivery of the specific Order. db-5 SIA may request a photograph of the Goods or other evidence or explanation of the circumstances related to the complaint.

Although db-5 SIA is neither the manufacturer or seller of Goods, nor provider of the delivery services and is not responsible for respective goods or services, db-5 SIA will try to facilitate an amicable solution and may provide a refund in respect of the affected Goods or part of the Goods, or the delivery, if db-5 SIA has reasonable cause to believe that the complaint is justified.

The Client may also submit complaints to the Partner or the Courier directly.

6. PAYMENTS AND INVOICING

The Client has to pay the Goods Price to the Partner in the amount indicated on the “PERFECT MAN” Platform. Goods Prices in the “PERFECT MAN” Platform may differ from the Goods Prices in the Partner’s establishment. The Goods Prices on the “PERFECT MAN” platform may be changed from time to time before making an Order.

The Client has to pay the Courier Fee to the Courier in the amount calculated by the “PERFECT MAN” Platform. The Courier Fee will be calculated taking into account the time of delivery, length of delivery route, means of delivery and other criteria. The applicable Courier Fee will be indicated to the Client prior to confirmation of the Order.

All payments are processed from Client’s payment card or other payment methods activated by the Client on the “PERFECT MAN” Platform, except for cash payments. Payments are processed through a third-party payment processor. Upon confirming the Order the Client authorises the payment with its payment card or using other eligible payment method in the amount of the Order Price, and the respective amount will be reserved on the payment card or through other means of payment. The payment related to the Order will be performed and charged from the Client’s payment card or using other payment methods within 72h from confirmation of the Order.

The payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement (if applicable) are deemed to be fulfilled respectively towards the Partner and the Courier (if applicable) when payment has been performed to db-5 SIA and charged from the Client’s credit card or, as the case may be, when the Client has paid the Order Price in full to the Courier in cash upon the delivery of the Order or the Client has paid the Order Price in full to the Partner directly in case of self pick-up by the Client. If the Order Price cannot be reserved on the Client’s credit card, the Order will not be forwarded to the Partner, except for cash payments.

db-5 SIA may facilitate an option to the Client that allows the Client to pay for the Order in cash to the Courier upon the delivery of the Order. In such a case, the Client shall pay the Order Price to the Courier in cash upon delivery of the Order to the requested Drop-Off Location. db-5 SIA may, at its own discretion, limit cash payments for a specific Client.
- In case of cash payment, the Courier shall insert the sum of cash received from the Client to the “PERFECT MAN” Platform. In case the sum does not correspond to the payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement, then “PERFECT MAN” shall automatically:
  - decrease by the amount paid less for the Order or by the full Order Price (e.g. in case the Client is not present at the Drop-Off Location, as per Section 4.4, the Client refuses to pay, etc);

increase by the amount paid more for the Order.

7. CANCELLATION AND SUSPENSION OF USE

The Client may not withdraw from or cancel an Order.

db-5 SIA is entitled to remove a Client from the “PERFECT MAN” Platform with immediate effect and/or refuse or cancel any Orders, if the Client causes any abuse or harm to the “PERFECT MAN” Platform, if db-5 SIA has reasonable belief of fraudulent acts by the Client when using the “PERFECT MAN” Platform, or if the Client otherwise fails to comply with his/her obligations under these General Terms (e.g. by not being present at the Drop-Off Location on several occasions, as per Section 4.4).

The Client shall not use the “PERFECT MAN” Platform for money laundering purposes as well as any other criminal activity. If the Client violates this Section 7.3, db-5 SIA will permanently suspend the Client from using the “PERFECT MAN” Platform as well as will notify relevant law enforcement agencies.

8. LICENCING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING

By registering on the “PERFECT MAN” Platform, db-5 SIA grants the User a revocable, non-exclusive, non-transferable, non-sublicensable license to use the “PERFECT MAN” Platform for the purpose of ordering Goods and arranging the delivery of the Orders.
- All intellectual property rights regarding the software, documentation or information used or developed by db-5 SIA (or on behalf of db-5 SIA) during the provision of the information society services under these General Terms (incl. the “PERFECT MAN” Platform and any material uploaded therein) belong to db-5 SIA (or, sometimes, to a limited extent, the Partner). The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the “PERFECT MAN” Platform or any other software used by db-5 SIA or extract or use any data on the “PERFECT MAN” Platform for commercial purposes or any other purpose than ordering Goods. The User shall use the “PERFECT MAN” Platform solely for his/her personal, non-commercial purposes.

The principles for processing the Users’ and Clients’ personal data is set out in the Privacy Policy available on the “PERFECT MAN” Platform.

db-5 SIA is not providing any warranties, guarantees or representations regarding the quality of the “PERFECT MAN” Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose, and db-5 SIA is not required to satisfy the User’s claims regarding the quality of the “PERFECT MAN” Platform.

9. LIABILITY

The Partner is solely liable for any defects in the quality and quantity of the ordered Goods or other shortcomings in the performance of the Sales Agreement and db-5 SIA does not assume any liability thereof.

The Couriers are solely responsible for the performance of the Delivery Agreement and db-5 SIA does not assume any liability thereof.

If a User suspects that his/her credit card associated with their “PERFECT MAN” Platform has been stolen and/or is being fraudulently used by a third party, the User has to inform db-5 SIA thereof immediately. Until receiving such notification, db-5 SIA will not be liable for any fraudulent use of the User’s credit card by third parties on the User’s account.

The “PERFECT MAN” Platform is provided to the User strictly on an “as is” basis. db-5 SIA will not be liable for any interruptions, connection errors, unavailability of, or faults in the “PERFECT MAN” Platform. Furthermore, db-5 SIA upon its sole discretion may introduce new and/or discontinue existing functions to the “PERFECT MAN” Platform, Clients will be notified by db-5 SIA of such discontinuations accordingly.

10. MISCELLANEOUS

The Client has a statutory right to withdraw from the Sales Agreement in accordance with and in respect of Goods listed in Directive 2011/83/EU within 14 days of the order date without giving any reasons. If the Client wants to withdraw from such Goods, the Client may either (i) use the model withdrawal form provided in Schedule 1 or (ii) make any other unequivocal statement setting out the decision to withdraw from such Goods by contacting “db-5” SIA.

“db-5” SIA reserves the right to make changes to the General Terms at any time, by uploading the revised General Terms onto the “PERFECT MAN” Platform and notifying all Users thereof through the email address provided by the Client during signup.

“db-5” SIA may change or remove different parts of the “PERFECT MAN” Platform or change the “PERFECT MAN” Platform, its features and the selection of Partners participating in the “PERFECT MAN” Platform in part or in whole at any time without prior notice.

The use of the “PERFECT MAN” Platform and all legal relations formed thereunder will be governed by the laws of Latvia. A Client who is a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this term.

If the respective dispute resulting from these General Terms cannot be settled by negotiations, then the dispute will be finally solved in Constitutional Court of Latvia. If the Client is a consumer, jurisdiction is determined in accordance with the mandatory provisions applicable to consumers.

If there is a dispute between the Client and a Partner providing services on the “PERFECT MAN” Platform, the Client may use Bolt’s free internal complaint system “db-5” SIA.

Where versions of these General Terms exist in any other language, the English language version shall prevail.