Дистанционный договор

This agreement is concluded between “iWare Distribution SIA”, the owner of an Internet commerce site “psx.lv”, unified registration number 40103519814, registered in the Commercial Register on March 6, 2012, legal address: 204a Brīvības gatve, Riga, LV - 1039, (hereinafter referred to as “the Seller”), and the buyer, who places an order and makes a purchase at the “psx.lv” Internet commerce site (hereinafter referred to as “the Consumer”). The Distance Contract applies to all orders and purchases made at the “psx.lv” Internet commerce site.

Time of Entry into Force and Execution of the Distance Contract 

1. The Distance Contract enters into force as soon as the Consumer has placed an order through the Internet, by telephone or other technological means and has received a confirmation of this order from the Seller via e-mail. An order and its confirmation are acknowledged as received when they are accessible to the parties, to whom they are addressed. The Seller undertakes to fulfill the terms of the Distance Contract no later than 30 days after receipt of the order from the Consumer, unless the parties have agreed on another term. If the Seller can not fulfill the terms of this Contract due to the fact that the goods ordered by the Consumer are not available, the Seller is obliged to inform the Consumer thereof. 

2. Before the Consumer has entered into a Distance Contract or agreed to the offer, the Seller shall clearly and comprehensively provide the Consumer with the following information:

Characteristics of Goods

  The characteristics of the goods being sold are given in the product description section. Any additional information is provided at the Consumer's request via the Internet, telephone or other technological means within 48 hours. 

Prices of Goods 

1. All prices of goods sold on the “psx.lv” Internet commerce site are indicated in euro (EUR) or in Great Britain pounds (GBP) including value added tax (VAT 21%) – to change the way this web site displays currency values, click the Currency tab. The price of the product is the one indicated in the order placed, and it does not change until the commitments are fully executed. 

2. The costs for delivery of goods to the Consumer are not included in the price of goods.

Delivery Times, Methods and Costs

1. The delivery of goods in the territory of Latvia is carried out within 1-4 business days upon payment for the order. The Seller delivers the goods at the address indicated by the Consumer in accordance with the postal delivery terms and the shipping rates specified in the section “Delivery Information” on the “psx.lv” website. The Consumer shall pay the shipping costs and the price of goods together, prior to delivery of the goods from the Seller. The shipping costs are included in the invoice. Delivery times may vary depending on the supplier's specific terms.

2. In case of exchange or return, the Consumer assumes all transportation risks (except when the Consumer exercises the right of withdrawal in the event of a defect, all costs related to the delivery shall be borne by the Seller).

Ordering Goods

1. The seller undertakes to deliver the goods ordered by the Consumer from the “psx.lv” Internet commerce site, and the Consumer undertakes to accept the ordered goods and pay for them, depending on the chosen delivery method. The ordering of the goods shall be deemed to be the Consumer's offer to the Seller to conclude this Distance Contract for the delivery of the goods ordered and the Consumer's consent to purchase these ordered goods at the specified price. The Consumer shall order the goods by completing a respective order form on the Seller's homepage “psx.lv”.

2. To place an order the Consumer must register an account– only registered users can place orders on the Internet. By registering as a user of the “psx.lv” website, the Consumer assumes responsibility for submitting correct personal data, registering his true full name and using a valid e-mail address. After completing the purchase process, the Consumer will receive an e-mail with a confirmation of the order and an invoice that serves as proof of a successful purchase. Hereby it is considered that the Seller has accepted the Consumer's request and for his part has agreed to the Distance Contract, therefore this Distance Contract is deemed to be concluded between the Consumer and the Seller.

3. The Consumer undertakes to inform the Seller about any changes not later than within 24 hours after receipt of the order confirmation. If the Consumer does not receive an invoice confirmation on the e-mail address indicated in his order, the Seller does not accept the Consumer's request and does not agree to the Distance Contract, therefore the Seller is not obliged to execute this Consumer's order. In this case, the Consumer must make sure that he has placed an order in accordance with the Seller's requirements and has provided a valid e-mail address.

Order Payment

1. Payment in cash upon receipt of the goods at the office of the “psx.lv” Internet commerce site.

2. Payment by a bank or an Internet bank transfer.

The payment must be made within 3 days to the bank account specified in the invoice. Until receipt of funds, the ordered goods are reserved in the warehouse for 5 calendar days from the moment the order is placed. When the Seller receives the payment from the Consumer, the order is confirmed and a notification is sent to the email address specified in the Consumer's user profile. The execution of the order begins only after payment has been received. Private customers must specify the order number in the “Remarks” box when making a payment. The Seller shall contact corporate clients to draw up and issue an invoice. The purchase shall be considered as paid after the money is transferred to the online store's account.

Payment Refund

The Seller may withdraw the purchase in the following cases:

1. The selected product can not be obtained from the manufacturer.

2. Delivery times exceed the ones stated in the Contract.

3. There are other legitimate reasons to cancel the purchase.

The Seller shall return the amount paid for the purchase to the bank account, from which the Consumer made the payment, not later than within 14 calendar days.

Warranty

1. All goods purchased on the “psx.lv” Internet commerce site have a 2-year (24-month) warranty provided in accordance to the Consumer Rights Protection Law of 18 March 1999. The waybill for the ordered goods must be obligatory kept, as it is a document confirming the purchase, and the warranty is valid only if there's an invoice / waybill available. In the event of a defect, the Consumer is entitled to request repairs or exchange of the goods free of charge. The warranty is provided in accordance with the statutory regulations of the Republic of Latvia.

The warranty is valid if the proof of purchase, as well as the warranty document issued by the manufacturer and/or the Seller is presented (if the warranty document is issued for the respective product). The warranty card is valid only when it shows the following correctly and clearly: the model name, the date of sale, the signature and stamp of the Seller. It is forbidden to make any changes, delete or correct the data indicated in the invoice or warranty card.

2. Warranty obligations are canceled in the following cases:

2.1. The Consumer has opened sealed audio or sealed video recordings, or sealed software.

2.2. A product intended for personal (household) use has been used for gaining profit, production or other unacceptable purposes.

2.3. The product has been used without observing the warnings specified in the user's manual.

2.4. The product has traces of unprofessionally executed repair works.

2.5. Changes to product design or setup have been made.

2.6. The product serial number has been changed, deleted or is not identifiable.

3. Damage that cancels the warranty:

3.1. Damage caused by foreign objects, substances, liquids and insects getting inside the goods.

3.2. Damage caused by the force of nature, fire, household factors, accidental external factors (rapid change of voltage in the electrical network, etc.), as well as accidents.

3.3. Damage caused by non-compliance with the parameters of the power supply, telecommunication and cable networks and other external factors.

3.4. Damage caused by unconventional use or low-quality consumable materials, spare parts, components, accessories, attachments, various types of data carriers.

4. The warranty does not apply to: consumable materials, accessory and spare part kits and power supplies, if such replacement is allowed for by the design and does not involve disassembling of the product.

5. Section 12, Paragraph 6 of the Consumer Rights Protection Law states that “the consumer is responsible for preserving the quality and safety of the goods during the period of exercise of the right of withdrawal”. The payment for the goods shall be returned only if the goods are in their original, intact packaging, without visual and technical damage and as a complete set as they were at the time of receipt of the goods. If, however, such damage can be found, the Seller has the right not to accept the goods. The returned goods must be unused. The Seller shall accept the goods in case they are free of visual and technical damage and are a complete set as they were at the moment of receipt of the goods. If the condition of the returned goods has deteriorated, the Consumer shall compensate the Seller for losses due to the decrease in the value of the goods. The Seller shall return the amount paid for the purchase to the bank account, from which the Consumer made the payment, not later than within 30 calendar days.

6. The Consumer is responsible for reducing the value of the goods, if they were used not for the purpose of clarifying the nature, characteristics and operation of the goods, but for any other purpose. The Consumer is not responsible for the decrease of the value of the goods, if the Seller has not informed him about the right of withdrawal in accordance with the procedures specified in statutory enactments regulating consumer rights protection.

Warranty Terms for Returning Goods

1. The goods in their intact original packaging must be delivered by the Consumer in person or sent via “Latvijas Pasts” as a registered small package to the “iWare Distribution SIA” office address: 204a Brīvības gatve, Riga, LV – 1039. In case of defects, a receipt for the return expenses must be attached to the parcel. A completed Return of Goods Form must be attached as well (is sent to the indicated e-mail address at the request of the Consumer). If everything conforms to the terms, the Seller shall within thirty calendar days after receipt of the returned goods refund the amount paid for the purchase to the bank account, from which the Consumer made the payment, or to any other bank account specified in the Return of Goods Form.

2. The Seller reserves the right not to refund the amount paid for the purchase if the returned shipment does not comply with the Regulation of the Cabinet of Ministers No. 255 of 20 May 2014 (Section 3, Paragraph 29). The Consumer can not exercise the right of withdrawal if: the consumer has opened sealed audio or sealed video recordings, or sealed software

The Right of Withdrawal and the Order of Returning Goods

1. The Consumer may exercise the right of withdrawal and unilaterally withdraw from the contract within 14 days by returning the purchased goods to the Seller. The consumer is entitled to unilaterally withdraw from the contract within a specified period of time, without paying of a contractual penalty, interest or compensation for losses. The right of withdrawal, the procedure and deadline for exercising the right of withdrawal are determined by the Consumer Rights Protection Law and the Regulation of the Cabinet of Ministers No. 255 of 20 May 2014 – “Regulations Regarding Distance Contracts”.

2. The period for executing the right of withdrawal is calculated as follows:

2.1. If goods are purchased – from the day when the Consumer or a third party, other than the carrier and as indicated by the Consumer, has obtained possession of the goods.

2.2. If the Consumer has ordered several goods, which are supplied separately, in one order – from the day when the Consumer or a third party, other than the carrier and as indicated by the Consumer, has obtained possession of the last goods.

2.3. If goods, which consist of several lots or parts, are delivered – from the day when the Consumer or a third party, other than the carrier and as indicated by the Consumer, has obtained possession of the last lot or part of the goods.

2.4. For contracts on periodic goods delivery – from the day when the Consumer or a third party, other than the carrier and as indicated by the Consumer, has obtained possession of the first goods.

3. Prior to the expiry of the term of withdrawal, the Consumer shall inform the Seller about his decision to withdraw from the Contract, by submitting a Withdrawal Form (is sent to the indicated e-mail address at the request of the Consumer) or a notice regarding the exercise of the right of withdrawal. The deadline is met if the Consumer sends a Withdrawal Form or a notice regarding the exercise of the right of withdrawal to the Seller prior to the expiry of the term of withdrawal. The Consumer has the duty to prove the exercise of the right of withdrawal. The Seller is entitled to provide the Consumer with the possibility to electronically fill in and submit a Withdrawal Form or a notice regarding the exercise of the right of withdrawal on the Seller's website. In this case, the Seller, using a durable data carrier (including e-mail), immediately informs the Consumer of the receipt of withdrawal. The Consumer sends the goods back to the Seller or gives them to the Seller in person without undue delay, but not later than within 14 days after sending the Withdrawal Form or a notice regarding the exercise of the right of withdrawal to the Seller.

4. The deadline is met if the goods are sent back to the Seller before the expiry of the 14-day period. This requirement does not apply to cases, when the Seller himself offers to take back the goods. The Seller shall without undue delay, but not later than within 14 days from the day he receives information about the Consumer's decision to withdraw from the Contract, refund the amount of money payed by the Consumer, except for the delivery costs paid by the Consumer. The Seller shall refund this amount of money using the same means of payment as the Consumer used, except when the Consumer explicitly agrees to another means of payment and the Consumer is not required to pay for the use of it. The Consumer shall bear the direct costs of returning the goods, except when the Seller agrees to cover these costs or has not informed the Consumer that the costs shall be borne by the Consumer.

5. The Consumer may not exercise the right of withdrawal in the cases stated by the Paragraph 22 of the Regulations Regarding Distance Contracts, such as, if:

5.1. The service provision, which was initiated before the expiry of the right of withdrawal, has been completed, if the Consumer has expressly consented and confirmed that he would lose his right of withdrawal starting from the day the contract on service provision is completed.

5.2. The price of goods or service depends on fluctuations in the financial market, which the Seller or the service provider cannot reasonably control and which may occur during the period of the right of withdrawal.

5.3. The goods are made to the Consumer's specifications or are clearly personalised.

5.4. The goods are liable to deteriorate or expire rapidly.

5.5. The consumer has opened sealed audio or sealed video recordings, or sealed software.

5.6. The Contract has been concluded regarding the supply of digital content, which is not supplied on a tangible medium, if the supply of digital content has begun with the Consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

6. When making a claim to the Seller that the goods do not comply with the terms of the Contract, the Consumer shall attach a copy of the document certifying the transaction to the claim application. The Consumer is responsible for maintaining the quality and safety of the goods during the term of exercise of the right of withdrawal.

The Contract was drawn up in accordance with the following laws and regulations:

The Consumer Rights Protection Law.

The Regulation of the Cabinet of Ministers No. 255 of 20 May 2014 – “Regulations Regarding Distance Contracts”.

The relationship between the Consumer and Seller is governed by this Distance Contract, as well as by the laws of the Republic of Latvia.

In the event of questions or disputes, the Consumer shall contact the Seller by telephone or by e-mail. The parties should resolve all disputes that might arise from this Contract by negotiation. If no agreement can be reached, the dispute should be submitted to court in accordance with the laws of the Republic of Latvia.

By placing an order on the “psx.lv” Internet commerce site, the Consumer confirms that he is familiar with the provisions of this Contract and undertakes to observe them and to comply with them. The Consumer is informed that the Seller is entitled to unilaterally change the provisions of this Contract at any time.