1. GENERAL PROVISIONS
1.1. PROVISIONS AND THEIR PERIOD
These standard terms apply to orders made in the online store WWWW (hereinafter INTERNET SHOP) in Latvian or English, between the person (hereinafter the BUYER) who makes the order and SIA''XXX'' (hereinafter the SELLER). Existing contract terms are valid from 05.07.2009.
1.2. DISTANCES AGREEMENT
A distance contract is an agreement between the CONSUMER (Article 1 (3) of the PTAL) and the seller (Article 1 (5) of the PTAL) or the service provider (Article 1 (4) of the PTAL) on the basis of a supplier's or service provider's offer, whether addressed or unaddressed printed matter, standard letters, catalogs, advertisements published in the press, accompanied by a custom coupon, telephone, facsimile, Internet, electronic mail, television, radio and other means of transmission or transmission of information.
1.3. DISTANCE CONTRACT MEASURES
The distance contract has come into force as soon as the CONSUMER has made an order through the Internet, telephone or other technological means and has received from the SELLER confirmation of the order made via e-mail. Orders and orders are acknowledged received when they are accessible to the parties to whom they are addressed.
1.4. DISTANCES TIME PERFORMANCE AGREEMENT
The SELLER undertakes to comply with the terms of the distance contract no later than 30 days after the receipt of the order from the CONSUMER, unless the parties have agreed on a different deadline. If the WARRANTY can not execute the contract due to the fact that the goods ordered by the CONSUMER are not available then the SELLER is obliged to inform the CONSUMER. In this case, the SELLER may offer the CONSUMER equivalent product at an equivalent price.
1.5. RIGHT OF EXEMPTION
The consumer's right to unilaterally withdraw from the contract within a specified period without penalty, interest or indemnity. The right of withdrawal, the order and the deadline for implementation of the right of withdrawal shall be determined by the Law on the Protectionof Consumer Rights and Cabinet Regulation No. 20 of May 20, 2014. 255 - "Provisions on distance contracts" .
Right of withdrawal for a distance contract:
- The consumer is entitled to exercise the right of withdrawal. The right of withdrawal shall be exercised within 14 (fourteen) calendar days from the day the Customer has received the item or part of the item (goods) or from the day of conclusion of the contract if the purchase is partially or fully paid using the Consumer Lending Agreement. The right of withdrawal in accordance with the procedures specified in regulatory enactments is also applicable to the Consumer Lending Agreement.
- Before expiry of the withdrawal period, the consumer informs the seller or service provider of the decision to withdraw from the contract by submitting a withdrawal form or a notice of exercise of the right of withdrawal. The deadline is met if the consumer sends a withdrawal form or a notice of exercise of the right of withdrawal to the seller or service provider before expiry of the term of the cancellation right. The consumer has the duty to prove the exercise of the right of withdrawal.
- The seller or service provider is entitled to provide the consumer with the opportunity to fill in electronic form and submit a withdrawal form or a notice of exercise of the right of withdrawal on the seller's or service provider's website. In this case, the seller or service provider shall, without delay, notify the consumer of the refusal by using a durable medium (including electronic mail).
The right of withdrawal shall be exercised upon submission to the Seller of the withdrawal form available here .
- The consumer sends the product back to the seller or service provider or passes it to the seller or provider or his authorized person without undue delay, but not later than within 14 days after sending the withdrawal form or notice of the exercise of the right of withdrawal to the seller or service provider. The deadline has been met if the item was shipped back before the expiry of the 14-day period. This requirement does not apply to cases where the seller or service provider himself has offered to take back the goods.
- The seller or service provider shall, without undue delay, but not later than within 14 days from the day when he receives information on the consumer's decision to withdraw from the contract in accordance with paragraph 2 of this Article, refund the amount of money paid to him, including the delivery costs paid by the consumer. The seller or service provider refunds this amount using a payment instrument of the same kind used by the consumer, except when the consumer explicitly agreed to another means of payment and the consumer is not required to pay for such a payment instrument.
- The consumer will bear the direct cost of returning the item, except when the seller or service provider has agreed to cover these costs or has not informed the consumer that the costs are borne by the consumer.
- The consumer is responsible for decreasing the value of the goods if the product is used for purposes other than the identification of the nature, characteristics and operation of the product. The consumer is not responsible for decreasing the value of the goods if the seller or service provider has not informed him about the right of withdrawal in accordance with the procedures specified in regulatory enactments regulating consumer protection.
A CONSUMER can not use the Right of Refusal The provisions of the distance contract in the cases referred to in paragraph 22, including:
- the provision of a service completed before the expiry of the right of withdrawal is fully completed if the consumer expressly consents to the fact that he will lose the right of withdrawal from the date on which the service contract is fully executed;
- the price of a good or service depends on fluctuations in the financial market, which the seller or service provider can not control and which may arise during the term of the right of withdrawal;
- the product is made according to the instructions of the consumer or the product is clearly personalized;
- the product is perishable or expires soon;
- the consumer has opened a packaging for a product that can not be returned for health and hygiene reasons;
- the consumer has opened an audio or video record or a computer program package;
- An agreement is concluded for the supply of digital content that is not supplied on a durable medium, provided digital content has been initiated with the express consent of the consumer and a statement of the loss of the right of withdrawal.
- If the CONSUMER wants to return a product that does not comply with the provisions of the distance contract, then, in accordance with the Cabinet of Ministers Regulation No. 255, the CONSUMER must complete the application form and return the returned goods in full.
CONSUMER is responsible for maintaining the quality and safety of the product during the term of exercise of the right of withdrawal.
1.6. Claim for non-conforming goods
Let's remind that consumers have the right in the law to apply for a product that does not conform to the terms of the contract within 24 months from the day of delivery.