Terms of service
Last updated on 27/07/2023
Link to the Terms of Service in Latvian.
This Terms of Service (hereinafter the Rules) combined with the Privacy Policy of the Swan-escooter.com website govern the use of Swan-esooter.com website.
The provider of Services through the www.swan-escooter.com website is SIA “Shif mobility”,
Registration number: 40203331031
VAT number: LV40203331031
Address: Andreja Pumpura iela 97, Daugavpils, Latvija, LV-5404.
These Terms are applied to all Visitors of the Internet store and when concluding any contracts between the Seller and the Buyer in the Online Store. Before ordering any Products in the Online Store, please read these Terms carefully and make sure you understand them correctly. Please note that before completing the Order, the Buyer is obliged to agree to these Terms and the Privacy Policy, but if he refuses to do so, completing the Order and ordering the Goods is impossible.
Contents
1. DEFINITIONS
2. GENERAL TERMS
3. CONCLUSION OF AGREEMENT
4. ORDER CANCELLATION
5. PRODUCT PRICE AND PAYMENT PROCEDURE
6. RIGHTS AND OBLIGATIONS OF THE BUYER
7. RIGHTS AND OBLIGATIONS OF THE SELLER
8. DELIVERY OF GOODS
9. QUALITY OF GOODS AND QUALITY GUARANTEE
10. RIGHT OF WITHDRAWAL FROM THE CONTRACT, RETURN OF GOODS
11. LIABILITIES OF THE PARTIES
12. DISCOUNTS AND SPECIAL OFFERS
13. EXCHANGE OF INFORMATION
14. FINAL PROVISIONS
1. DEFINITIONS
1.1. The seller is a legal entity SIA "Shif mobility", registration No. 40203331031, which was founded and operates in accordance with the laws of the Republic of Latvia, legal address: Andreja Pumpura iela 97, Daugavpils, Latvia, LV-5404, Republic of Latvia, VAT payer no. LV40203331031. The seller's contact information is provided in the Contacts section of the Online Store.
1.2. Buyer - a natural person with legal capacity (i.e. a person who is of legal age and whose legal capacity is not limited by a court judgment), a minor (i.e. between the ages of fourteen and eighteen) who has the consent of his parents or guardians, except in cases where the person has been granted majority before term or the person is considered an adult), a legal entity that places an Order in the Internet Store and makes payment for the ordered Goods.
1.3. Consumer - a natural person in the context of the Consumer Rights Protection Law, who expresses a desire to purchase, purchases or could purchase or use a product or service, for a purpose that is not related to its economic or professional activity.
1.4. Contract - a contract concluded between the Buyer and the Seller remotely in the online mode of the Internet store, by which the Buyer has expressed a clear and unequivocal desire to purchase the Goods specified in the Order, while the Seller undertakes to deliver the Goods specified in the Order to the Buyer. The terms of any Agreement concluded between the Buyer and the Seller are considered identical to the terms of these Terms, and the Parties always perform the Agreement in accordance with these Terms.
1.5. Rules – these rules for the purchase and sale of Goods sold in the Internet store, which determine the obligations and rights of the Seller and the Buyer, the terms of purchase and payment of the Goods offered by the Seller, the terms of delivery and return of the Goods and the responsibilities of the Parties, as well as regulate other matters related to the purchase and sale of Goods in the Internet store questions.
1.6. Visitor – any user of the Internet store, including the Buyer.
1.7. Right of withdrawal – the right of the Buyer (Consumer) to refuse the Goods within 14 (fourteen) days after the day of receipt of the Goods in accordance with the procedure for exercising the right of withdrawal specified in the Law on the Protection of Consumer Rights and Cabinet of Ministers Regulations No. 255 "Regulations on Distance Contracts".
1.8. Online Store – Seller's Online Store available on the website www.swan-escooter.com
1.9. Order form – Product order form, which is filled out by the Buyer in the Internet store and which contains information about the Buyer's Order.
1.10. Order – an Order made online by the Buyer in the Internet store by filling out the Order form, in which the Buyer indicates the goods and services he has chosen to purchase from the Seller, as well as indicates his chosen method of delivery of the Goods and the place of receipt of the Goods. The order is considered fully completed when the Buyer has paid for the Goods specified in the Order.
1.11. Order confirmation – the Seller's confirmation of the acceptance of the Order, which the Seller sends to the Buyer after submitting the Order to the Seller and paying for the Order.
1.12. Personal data – Personal data is any information about a natural person whose identity has been determined or whose identity can be determined (data subject); an identifiable natural person is a person whose identity can be directly or indirectly determined, first of all, by an identifier such as name and surname, personal identification number, location data and Internet identifier, or by one or more of the natural person's physical, physiological, genetic, psychological, economic, cultural and social identity traits.
1.13. Goods – any goods that the Buyer can order and buy in the Internet store. The term Product refers to both goods and services that the Buyer can order and purchase in the Online Store, unless the Terms clearly state otherwise.
1.14. Product basket – a virtual product basket in which the Buyer can freely include the selected Products or delete them. Deletion of goods from the basket of goods is possible only until the moment when the buyer begins to make payment for the goods included in the basket of goods.
1.15. Privacy policy - a document that defines the procedure for processing data of natural persons using the Internet store.
1.16. Parties or Party – Buyer and Seller jointly or severally.
Explanations (definitions) of the mentioned terms in the text of the Rules can be used both in the plural and in the singular (depending on the context), without excluding the possibility that a term used in the Rules in the singular can mean the plural and vice versa. The interpretation of the text of the regulations cannot be based on the number of terms used in the text.
2. GENERAL TERMS
2.1. The Terms are a legal document binding on the Buyer and the Seller, which determines the mutual rights, obligations and responsibilities of the Buyer and the Seller, the terms of purchase and payment of the Goods, the procedure for the delivery and return of the Goods, as well as other provisions related to the purchase and sale of the Goods offered by the Seller in the Internet Store . The Rules are also binding on the Visitors of the Internet Store, as far as the Rules apply to them.
2.2. Before purchasing Patches in the Internet store, the Buyer is obliged to familiarize himself with the Privacy Policy and Terms. The buyer can purchase the Goods in the Internet store only if he has agreed to the Privacy Policy and Terms. By filling out the Order form and confirming that he has familiarized himself with the Privacy Policy and the Terms, the Buyer confirms that he has understood the Privacy Policy and the Terms, agrees with them and undertakes to respect and comply with them. If the Buyer has not read and/or has not understood and/or does not agree to the Privacy Policy and/or Terms, he cannot purchase the Goods in the Internet Store.
2.3. Only Buyers who are designated as such in Clause 1.2 of the Regulations have the right to purchase Goods in the Internet Store. By agreeing to the Terms, the Buyer confirms that he has the right to purchase the Goods in the Online Store.
2.4. The seller has the right to amend the Terms unilaterally. Amendments to the Terms enter into force after their publication in the Internet store and apply only to those Orders placed by the Buyer after the amendments to the Terms enter into force.
3. CONCLUSION OF AGREEMENT
3.1. In order to purchase the Goods, the Buyer places an order in the Internet store by filling out the Order form, which the Buyer submits to the Seller, and pays for the Goods.
3.2. The contract between the Buyer and the Seller is considered to be concluded at the moment when the Buyer has selected the desired Goods in the Internet store (created a basket of Goods), indicated in the Order form the personal data, contact information, address and method of delivery of the Goods necessary for the execution of the Agreement, confirmed that he has familiarized himself with the Privacy Policy policy and Terms, press the "Order" button and pay for the Order or choose the payment method specified in Clause 5.6.3 of the Terms. If the Order is not paid in accordance with the Rules, the Agreement is not considered concluded.
3.3. A separate Agreement is concluded for each purchase - sale of Goods according to the Order. When the parties enter into the Agreement, the terms and conditions of the Terms become the terms and conditions of the Agreement. Once the Buyer has paid for the Goods specified in the Order, the Order Form becomes an integral part of the Agreement.
3.4. The contract is valid until the Parties fully fulfill their obligations.
3.5. After the Buyer submits the Order to the Seller and pays for it, confirmation of the receipt of the Order and a reference to the current Terms and Conditions is sent to the Buyer to the e-mail address and/or phone number specified in the Order form.
3.6. After the preparation of the Order, the Seller sends a notification to the Buyer to the e-mail address and/or telephone number specified in the Buyer's Order Form, informing that the Goods have been sent to the Buyer or are available for delivery to the Buyer at the Seller's goods delivery point, depending on the method of delivery of the Goods selected in the Buyer's Order Form.
3.7. Each Agreement (Order) concluded between the Buyer and the Seller is registered and stored in the Internet store database in accordance with the provisions of the Privacy Policy.
4. ORDER CANCELLATION
4.1. In case of ambiguities regarding the information provided by the Buyer in the Order form and/or the execution of the Order - the Seller, using the contact information specified in the Buyer's Order form, contacts the Buyer to clarify the Order information. The Seller has the right to unilaterally cancel the Buyer's Order and the Agreement without prior notice to the Buyer if: (i) the Seller fails to contact the Buyer within 2 (two) business days after submitting the Order to the Seller or (ii) if the Buyer does not provide the Seller with the requested information within the deadline specified by the Seller. In the event that the Buyer has already paid for the Order, the Seller will refund the amounts paid for the Order to the Buyer within 14 (fourteen) calendar days.
4.2. In the event that the Seller cannot sell the Ordered Product to the Buyer, for example, because the Product is not in stock, because the Product is no longer manufactured/sold, or due to an error related to the price indicated in the Online Store, as specified in Clause 5.5 of these Terms, The Seller informs the Buyer about this by sending a notification to the e-mail address specified in the Buyer's Order form and the Order and the Agreement are cancelled. In the event that the Buyer has already paid for the Order, the Seller will refund the amounts paid for the Order to the Buyer within 14 (fourteen) calendar days.
4.3. In the event that the Seller cannot sell the Product ordered to the Buyer due to the circumstances specified in Clause 4.2 of the Terms, the Seller may offer the Buyer a similar or similar product by sending a notification to the e-mail address specified in the Buyer's Order Form. In the event that within 3 (three) working days the Buyer confirms that he agrees to exchange the Product for a similar product, the Parties undertake to compensate each other for the difference in the price of the Products, if any. If the Buyer does not agree to the exchange of the product for a similar or similar product or does not give the Seller an answer within 3 (three) working days from the date of sending the Seller's notification, then the Seller cancels the Order and refunds the amounts paid to the Buyer for the Order within 14 (fourteen) calendar days. 4.4. The Seller has the right to cancel the order without prior notification to the Buyer, if the Buyer, choosing the payment methods provided for in Clause 5.6.3 of the Regulations, does not pay for the goods within 3 (three) working days.
4.5. In the case specified in Clause 8.4.3 and/or Clause 8.5.6 of the Regulations, the Seller has the right to cancel the Buyer's Order and Agreement without prior notice to the Buyer. The Seller will refund the amounts paid to the Buyer for the Order within 14 (fourteen) calendar days, deducting from this amount the payment service providers' commissions applied to the Seller for the completed payments and payments for the delivery of the Goods in connection with the relevant Order.
5. PRODUCT PRICE AND PAYMENT PROCEDURE
5.1. Product prices in the Internet store are indicated in euros and include the value added tax (VAT) of the Republic of Latvia.
5.2. The goods are sold to the Buyer at the prices indicated in the Internet store and valid at the time of placing the Order.
5.3. The price of the goods does not include the price of delivery of the goods and the price of services that the buyer can additionally order from the seller. Unless clearly stated otherwise, the Buyer shall pay for the delivery of the Goods and other services in addition to the price of the Goods at the same time as the payment for the Goods.
5.4. The total price of the Goods (including the cost of delivery of the Goods) to be paid by the Buyer to the Seller is indicated to the Buyer in the Order form after selecting the method of delivery of the Goods and before selecting the payment method with the designation Total for payment.
5.5. In the event that, after receiving the Order, the Seller determines that the price of the Goods has been indicated incorrectly due to a technical error independent of the Seller or due to other significant reasons beyond the Seller's control, the Seller shall inform the Buyer thereof and perform the actions specified in clause 4.2 of the Regulations.
5.6. The Buyer can pay for the ordered goods in one of the following ways:
5.6.1. With a payment (credit or debit) card;
5.6.2. Through internet banking;
5.6.3. By bank transfer to the Seller's account specified in the VAT prepaid invoice.
5.7. By choosing the method of payment for the Order specified in Clause 5.6.3 of the Rules, a VAT prepayment invoice is sent to the Buyer to the e-mail address specified in the Order form. The buyer is obliged to pay the pre-paid VAT invoice within 3 (three) working days from the date of issuing the pre-paid VAT invoice.
5.8. The execution of payments is ensured by third parties who are not parties to the Agreement concluded between the Buyer and the Seller. Third parties who are entitled to provide non-cash payment services are responsible for the processing of Buyer data in accordance with the data protection laws of natural persons and data security.
5.9. By approving the Terms, the Buyer agrees that the documents for the purchase of Goods – VAT invoices – may be issued to the Buyer in physical form together with the Goods or electronically by sending to the e-mail address specified in the Buyer's Order form.
5.10. Proof of purchase documents – Order confirmation and VAT invoice are sent to the e-mail address specified in the Buyer's Order form and are available to the Buyer in electronic format, and the Buyer can download and/or print these documents. Such electronic documents proving the purchase of Goods are valid without the signature of the Seller and/or the Buyer.
6. RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The buyer has the right to:
6.1.1. Shop in the Internet store in accordance with the Rules and legislation of the Republic of Latvia;
6.1.2. Use the Right of Refusal provided for in Clause 10.1 of the Regulations;
6.1.3. Request the Seller to repair or exchange Goods that do not comply with the Agreement, proportionally reduce the price of the Goods that do not comply with the Agreement, or cancel the Agreement and request the Seller to accept the Goods back in accordance with the Rules;
6.1.4. Other rights specified in the Regulations, Privacy Policy and/or legislation of the Republic of Latvia.
6.2. The buyer has obligations:
6.2.1. Pay the ordered Goods and their delivery price, as well as make other payments in accordance with the Order and Agreement and accept the ordered Goods in accordance with the procedure provided for in the Regulations;
6.2.2. Provide only correct and complete information in the order form; when the information specified by the Buyer in the Order form changes, immediately notify the Seller by phone: +371 26 142 555 or e-mail: sales@shifmobility.lv;
6.2.3. When choosing the delivery of Goods or other services offered by the Seller, ensure the necessary conditions for their provision;
6.2.4. Inspect and inspect the Goods when accepting them, as well as notify the Seller of damage to the Goods and/or their packaging, defects of the Goods and/or non-compliance of the type, number and/or package of the Goods with the Buyer's Order, and/or other non-compliance of the Goods with the Agreement in accordance with the procedures specified in the Regulations;
6.2.5. Not to use the Internet Store in an illegal manner, including in a way that could threaten the proper and stable operation or security of the Internet Store, or limit other persons' access to the Internet Store;
6.2.6. To comply with other requirements set out in the Regulations, Privacy Policy and legislation of the Republic of Latvia.
7. RIGHTS AND OBLIGATIONS OF THE SELLER
7.1. The seller has the right to:
7.1.1. Amend the Terms, change the prices of the Goods, the assortment of the Goods and/or other aspects related to the operation of the Online Store and the purchase and sale of Goods by publishing such changes in the Online Store; such changes do not affect the Agreements concluded by the Buyer before the Seller's decision to perform the mentioned actions or their implementation;
7.1.2. Unilaterally cancel the Order and Agreement in accordance with the procedure provided for in Section 4 of the Terms and Conditions;
7.1.3. Contact the Buyer on issues related to the execution of the Agreement using the contact information specified in the Buyer's Order form;
7.1.4. Determine the minimum and/or maximum order quantity for a specific item in one Order;
7.1.5. Other rights specified in the Regulations, Privacy Policy and/or legislation of the Republic of Latvia.
7.2. The seller has obligations:
7.2.1. Fulfill the Buyer's Orders and deliver the Goods ordered by the Buyer in accordance with the Terms;
7.2.2. Accept the goods returned by the Buyer in accordance with the Regulations;
7.2.3. To repay to the Buyer the sums of money paid by him in the cases and according to the procedure specified in the Regulations;
7.2.4. Respect the privacy of the Buyer, implement the processing of the Buyer's Personal data only in the manner determined by the Regulations, Privacy Policy and legislation of the Republic of Latvia and the European Union;
7.2.5. To comply with other requirements set out in the Regulations, Privacy Policy and legislation of the Republic of Latvia.
8. DELIVERY OF GOODS
8.1. The types of delivery of the Goods available to the Buyer and the terms of delivery of the Goods are presented to the Buyer in the Order form, when the Buyer has created a basket of Goods and entered the delivery address of the Goods.
8.2. The terms of delivery of the Goods indicated in the description of the Goods are provisional. The Seller delivers the goods to the Buyer according to the term of delivery of the Goods specified in the Goods Order form, after the Buyer has filled in all the information related to the delivery of the Goods.
8.3. By approving these Terms, the Buyer agrees that in exceptional cases the delivery of the Goods may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to immediately contact the Buyer, using the contact information specified in the Buyer's Order form, and agree on the terms of delivery of the Goods. If the Seller does not deliver the goods within the term specified in the Order confirmation, the Parties do not agree on an additional term for the delivery of the goods, the Buyer can exercise the right to cancel the Order and withdraw from the Agreement by sending a Notice to the Seller's e-mail address: sales@shifmobility.lv, and the Seller will refund the amounts paid to the Buyer 14 ( fourteen) within calendar days. In such a case, the procedure for returning the Goods (in the event that the delivery of the Goods had already started and the Seller cannot cancel it) and refunding the Buyer's money is determined in Clause 10.4 of the Regulations.
8.4. Delivery of goods to the address specified by the Buyer
8.4.1. Delivery of goods is a paid service. The cost of delivery of goods depends on the delivery address of the goods, the size and weight of the goods. If the Buyer chooses the Goods delivery service, the Goods delivery price and delivery time are shown to the Buyer at the end of the Goods ordering process, before the Buyer presses the "Order" button. See here for more details on the cost and times of delivery of the Goods.
8.4.2. In the event that the Goods are delivered to the address specified by the Buyer, the Goods are considered to have been delivered to the Buyer, regardless of whether the Goods have actually been accepted by the Buyer or another person who has accepted the Goods at the specified address, and the Buyer has no right to submit claims to the Seller regarding the Goods delivery to the wrong person.
8.4.3. If the Buyer does not accept the Goods by the deadline specified in the Order confirmation or the deadline that the Buyer has independently agreed with the Goods delivery service provider after unsuccessful delivery of the Goods, or it is not possible to hand them over to the Buyer, the Goods are returned to the Seller and the Order is cancelled.
8.5. Delivery of goods to the Buyer at the Seller's goods delivery point
8.5.1. The Buyer may choose to receive the Goods free of charge at the Seller's goods delivery point.
8.5.2. After preparing the Order, the Seller sends a notification to the Buyer to the e-mail address and/or telephone number specified in the Buyer's Order form, informing that the Goods are available for delivery to the Buyer at the Seller's goods delivery point.
8.5.3. The Buyer who comes to pick up the Goods at the Goods Delivery Point must have with him and present a valid identity document and the Order Confirmation sent by the Seller to the Buyer via electronic means of communication. If the Buyer does not present such documents, the Seller has the right to refuse to issue the Goods to the Buyer.
8.5.4. The Buyer is obliged to pick up the ordered Goods no later than within 5 (five) working days after the Seller has notified the Buyer that the Goods are ready for receipt.
8.5.5. When the Buyer has removed the Goods, they are considered to have been handed over (delivered) to the Buyer.
8.5.6. If the Buyer does not pick up the Goods within the period specified in Clause 8.5.4 of the Regulations, the Order is cancelled.
8.6. When accepting the goods, the Buyer is obliged to check the condition of the Goods and their packaging. If the packaging of the Goods shows visible damage, the Buyer notes this in the Goods delivery document. In this case, the Goods are deemed to have been delivered in damaged packaging, but the delivery of the Goods is deemed to have been duly carried out.
The Buyer, upon accepting the Goods, shall, as far as possible, also check the compliance of the delivered Goods with the Agreement, making sure that they correspond to the ordered Goods and their quantity, assembly, quality, as well as that all necessary instructions in the national language/markings (if applicable) are attached to them, which reasonably expected for this type of Goods. If the Buyer, upon accepting the Goods, finds that the Goods do not comply with the Agreement, the Buyer notes this in the Goods delivery document or a special secured form delivered by the goods, and the Buyer has the right not to accept such Goods. In such a case, the procedure for returning the Goods and refunding the Buyer's money is specified in Clause 10.4 of the Regulations.
8.7. If the Buyer has signed the Goods delivery document and no marks have been made in it regarding the non-compliance of the Goods with the Agreement, it is considered that the Goods have been delivered in accordance with the Agreement and the Goods have no defects and/or damages that can be detected during the external inspection of the Goods.
8.8. Within 3 (three) working days from the receipt of the Goods, the Buyer is obliged to check the conformity of the Goods with the Agreement, making sure that they correspond to the ordered Goods and their quantity, assembly, quality, as well as that all necessary instructions in the national language/markings are attached to them (if applicable ), which can reasonably be expected for this type of Goods, if this was not possible when accepting the Goods. Upon discovering the non-compliance of the Goods with the Agreement, the Buyer is obliged to immediately notify the Seller at the Seller's e-mail address: sales@shifmobility.lv. In the event that the Buyer has not notified the Seller of the non-compliance of the Goods with the Agreement within 3 (three) working days from the receipt of the Goods, it is considered that the Goods have been delivered in accordance with the Agreement. This point does not limit the Buyer's rights provided for in Section 10 of the Terms.
8.9. The risk of destruction, accidental loss or damage to the goods passes to the Buyer from the moment the Goods are handed over to the Buyer.
8.10. The Seller has the right, at its discretion, without the separate consent of the Buyer, to divide the Order into several separate shipments, unless the Buyer, before submitting the Order to the Seller, shows a desire to purchase the Goods included in the Order in one joint shipment.
8.11. The Seller is released from responsibility for violating the terms of delivery of the Goods, if the Goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties and/or due to circumstances beyond the control of the Seller.
9. QUALITY OF GOODS AND QUALITY GUARANTEE
9.1. Each Product sold by the Seller in the Internet store is accompanied by a detailed description of the Product, which indicates its characteristics.
9.2. Before making a purchase, it is the Buyer's responsibility to read the Product description carefully. Product photos in the Online Store are for illustrative purposes only. The original product may differ from the image.
9.3. The seller does not take responsibility for inconsistencies in the size, shape, color or other parameters of the sold goods compared to the photos of the goods published in the Online Store. The photographs of the Goods displayed in the Online Store may not accurately reflect the actual size, shape, color or other parameters of the Goods due to the characteristics of the Buyer's electronic devices, the technical parameters of the electronic devices (e.g. the screen resolution of the Buyer's device) and/or other technical reasons beyond the Seller's control. Product photos posted in the Online Store cannot be used as a basis for claims
9.4. The Buyer is informed that the photos of the Products shown in the Internet store may contain additional accessories or components that are not included in the package of the Product for sale. The full contents of the Product's packaging are specified in the Product's description.
9.5. The product is considered to be of adequate quality if it:
9.5.1. Corresponds to the description provided by the Seller and has the same characteristics as the sample or model of the Product presented by the Seller when placing the Product in the Online Store;
9.5.2. Corresponds to the quality indicators that are usually characteristic of goods of the same nature, and which the Buyer can reasonably expect according to the type of the Product and the public announcements of the Product manufacturer, its representative or the seller about the Product's characteristic properties.
9.6. Simultaneously with the purchase of the Product, the Buyer (Consumer) acquires the right within 2 (two) years from the date of receipt of the Product to submit claims to the Seller regarding the non-compliance of the Product with the provisions of the Agreement (Product legal guarantee). The legal warranty of the goods applies only to the Buyer who is a Consumer. The Seller has the right to apply an additional warranty to the Goods. The additional warranty period and other conditions are specified in the descriptions of the specific Products and in the Product Warranty documents, if provided.
9.7. The warranty provided by the seller does not limit the Buyer's rights, which are determined by the legislation of the Republic of Latvia when purchasing goods of inadequate quality.
9.8. The warranty of the product is valid only if the terms of use of the product have not been violated. Before using the Product, the Buyer must carefully read the Product's operating instructions, if any.
9.9. The Seller himself does not provide warranty maintenance/repair services for the Products (except for simple tests of the Product's operation, which do not require special knowledge):
9.9.1. If the center providing warranty maintenance/repair of the Goods is located outside the country where the Goods were delivered to the Buyer, the Seller organizes the shipment of the Goods to such a center;
9.9.2. If the warranty maintenance/repair center is located in the country where the Goods were delivered to the Buyer, the Buyer is sent to such a center.
10. RIGHT OF WITHDRAWAL FROM THE CONTRACT, RETURN OF GOODS
10.1. The right of the buyer (consumer) to withdraw from the Agreement
10.1.1. The Buyer (Consumer) has the right to withdraw from the Agreement concluded using electronic means of communication, without giving a reason, within 14 (fourteen) days from the day of delivery (receipt) of the Goods or if the Buyer (Consumer) has ordered several Goods in one order and these Goods are delivered separately - from the last day of delivery (receipt) of the Goods, or if the Goods are delivered in different lots or in parts - from the day of delivery (receipt) of the last lot or part, or, if a contract for regular delivery of goods has been concluded - from the first delivery of the Goods (receipt) days.
10.1.2. If the Buyer purchases several Goods within the framework of one Agreement, his right of withdrawal applies to both one and several Goods.
10.1.3. The Buyer cannot use the Right of Withdrawal if the Buyer is not a Consumer, as well as in the cases specified in Clause 22 of Regulation No. 255 of the Cabinet of Ministers of May 20, 2014 "Regulations on distance contracts".
10.1.4. The Buyer shall notify the Seller of the withdrawal from the Agreement in one of the following ways: (i) by filling out the withdrawal form (the withdrawal form can be downloaded here) or (ii) by providing the Seller with a clear written notice outlining the Buyer's decision to withdraw from the Agreement. The Buyer sends the withdrawal form or notice of withdrawal from the Agreement to the Seller's e-mail address sales@shifmobility.lv or by mail to the address specified by the Seller in the Contacts section of the Internet store. Upon receipt of the Buyer's notice or opt-out form, the Seller will send the Buyer a confirmation of receipt of the notice to the e-mail address specified in the Order Form.
10.1.5. The Buyer is responsible for the decrease in the value of the Product, if the Product is used for a purpose other than to determine the nature, characteristics and operation of the Product during the exercise of the right of withdrawal. The product can be used for testing purposes to the extent that it would be possible to do so in the store.
10.1.6. The procedure for returning goods and refunding money is determined in Clause 10.4 of the Regulations.
10.2. Inadequate quality Product exchange and return policy
10.2.1. Repair of defects in the sold Product, exchange, return of low-quality Product is carried out in accordance with the procedure provided for in the Regulations, as well as in accordance with the requirements of the legislation of the Republic of Latvia.
10.2.2. If the Buyer purchased a product of inadequate quality and made a note about it in the Goods delivery document or notified the Seller about it in accordance with the procedure specified in Clause 8.7 of the Regulations, or the inadequate quality of the Product manifests itself as a manufacturing defect that existed at the time of purchase of the Product, or non-compliance with the specifications specified by the manufacturer, the Buyer is entitled :
10.2.2.1. Request the Seller to remedy the defects of the Product, ensuring that the Product complies with the terms of the Agreement;
10.2.2.2. Request the exchange of the Product for one that would ensure compliance with the terms of the Agreement;
10.2.2.3. In accordance with the conditions of Clause 10.2.8 of the Rules, exercise the right to request a proportional reduction in the price of the Product or cancel the Agreement and request the Seller to refund the amount of money paid to the Buyer for the Product.
10.2.3. If the Buyer wants to use the rights specified in Clause 10.2.2 of the Regulations, the Buyer is obliged to:
10.2.3.1. Notify the Seller about it by sending a notification to the Seller's e-mail address sales@shifmobility.lv or by mail to the address indicated by the Seller in the Contacts section of the Internet store;
10.2.3.2. Submit a document on the purchase of the Goods and a document confirming the warranty (if one was issued);
10.2.3.3. Specify the Product and its defect, signs of damage or missing parts;
10.2.3.4. If possible, submit other evidence, such as a photograph of the Product, a photograph of the poor-quality location, a photograph of the Product's packaging, etc.;
10.2.3.5. Indicate one of the ways listed in Clause 10.2.2 of the Terms in which the Buyer wants the claim to be resolved.
10.2.4. The Seller shall provide a response to the Buyer's notification specified in Clause 10.2.3 of the Regulations within 15 (fifteen) working days from the day of its receipt. If, due to objective reasons, it is not possible to provide an answer to the Buyer's statement within the mentioned term, the Seller immediately informs the Buyer in writing, indicating a reasonable term in which the answer will be given, as well as justifying the need for such an extension.
10.2.5. Only by establishing that the Product is a Product of inadequate quality, the Buyer's request for Products of inadequate quality can be fulfilled.
10.2.6. First of all, the Buyer has the right to choose for the Seller to eliminate non-compliance of the goods with the terms of the Agreement free of charge or to exchange the Goods without compensation for one that would ensure compliance with the terms of the Agreement, except in cases where this is impossible or disproportionate. The Seller is obliged to replace the Product or eliminate the non-compliance of the Product with the Agreement without compensation (including without reimbursement of the Product shipment, work, materials and other costs) and within a reasonable time from the moment when the Buyer has informed the Seller about the defect, as well as without causing significant inconvenience to the Buyer, taking taking into account the nature and purpose of the Goods in relation to the Buyer. The Buyer is obliged to hand over the Product to the Seller for correction of discrepancies or exchange.
10.2.7. The elimination or exchange of non-conformity of the Product is considered disproportionate if it causes costs to the Seller that are not proportionate to the other alternative means mentioned in Clause 10.2.2 of the Regulations, taking into account the value of the Product without the non-conformity, the significance of the non-conformity and whether the use of the alternative means does not cause significant inconvenience to the Buyer .
10.2.8. The Buyer has the right to ask the Seller to proportionally reduce the price of the Product or to cancel the Agreement, and to refund the amount of money paid to the Buyer for the Product, if:
10.2.8.1. The Seller has not, within a reasonable period of time, eliminated the non-compliance of the Product with the terms of the Agreement, or has not replaced the Product with one that complies with the terms of the Agreement, or has refused to do so;
10.2.8.2. Despite the efforts of the Seller, the conformity of the Goods with the Agreement is still not ensured;
10.2.8.3. The non-conformity is so significant that it justifies an immediate price reduction or cancellation of the Agreement;
10.2.8.4. The Seller has announced or it is clear from the circumstances that the Seller will not eliminate the non-conformity of the Goods or provide their exchange within a reasonable time or without causing significant inconvenience to the Buyer.
10.2.9. The Buyer exercises his right to cancel the Agreement by submitting a notice to the Seller expressing his decision to cancel the Agreement by sending it to the Seller's e-mail address sales@shifmobility.lv or by mail to the address specified by the Seller in the Contacts section of the Internet store.
10.2.10. The reduction in price is proportional to the reduction in the value of the Goods compared to the value that the Goods would have in the event of conformity. When reducing the price or canceling the Agreement and refunding the amount of money paid to the Buyer for the Product, the wear and tear of the Product or the benefit that the Buyer obtained from the use of the Product and which the Parties have agreed upon may be taken into account.
10.2.11. If the non-compliance of the Product with the terms of the Agreement is insignificant and cannot significantly affect the Buyer's ability to use the Product, the Buyer cannot request the Seller to cancel the Agreement and return the amount of money paid for the Product. Non-compliance of the Product with the provisions of the Agreement is considered minor if it does not significantly reduce the quality of performance of the basic functions of the Product or the characteristics of use and it can be eliminated without causing visually detectable changes in the external appearance of the Product.
10.2.12. The contract is not canceled and the amount of money paid for the Goods is not refunded to the Buyer for the Goods, which have been intentionally or negligently damaged (exposed to chemicals, water, open fire, high temperatures, sharp objects, etc.) or if the conditions of use or storage of the Goods have been violated regulations, or the Goods have been used inappropriately or for purposes other than those for which they were intended.
10.2.13. The rights provided for in this section, Section 10 of the Regulations, can be exercised by the Buyer during the Legal Warranty (Article 9.6 of the Regulations) or during the additional warranty (commercial guarantee) provided by the Seller (if one has been provided), as well as in the case and within the terms specified in Article 8.7 of the Regulations and in the cases provided for by the legislation of the Republic of Latvia.
10.2.14. The procedure for returning goods and refunding money is determined in Clause 10.4 of the Regulations.
10.3. Exchange and return of goods in case of delivery of incorrect goods
10.3.1. If the wrong Goods have been delivered to the Buyer, the Buyer must inform the Seller of this immediately, but no later than within 3 (three) working days from the receipt of the Goods, by sending a notification to the Seller's e-mail address sales@shifmobility.lv. Upon receiving information about incorrectly delivered Goods, the Seller undertakes to take such Goods and exchange them for corresponding Goods. In case the Seller does not have the ordered Goods, he returns to the Buyer the amount of money paid for the Goods.
10.3.2. The procedure for returning goods and refunding money is determined in Clause 10.4 of the Regulations.
10.4. Procedure for returning goods and refunding money
10.4.1. Using Rule 8.3, 8.6. and 10.1. - the rights provided for in clause 10.3, the Buyer must fulfill the requirements provided for in the Terms regarding the return of the Goods and follow the procedure provided for in them.
10.4.2. The Buyer can exercise the right to return the goods only if the deadline for the return of the goods has not been missed.
10.4.3. The buyer, using the rights specified in Clause 10.1 of the Regulations and/or implementing Article 8.3 of the Agreement. or the rights specified in clause 10.3 and when returning the Goods to the Seller, it must be ensured that:
10.4.3.1. The goods are in the original packaging;
10.4.3.2. The goods have no damage caused by the Buyer;
10.4.3.3. The goods are unused and have preserved their sales appearance (undamaged labels, unremoved protective films, etc.);
10.4.3.4. The goods are in the same package as the Buyer received them.
10.4.4. The parties agree that in the event that the returned Goods do not comply with the provisions of Clause 10.4.3 of the Regulations, the Seller, upon accepting the Goods, is entitled to demand compensation from the Buyer for an amount proportional to the decrease in the value of the Goods, which occurred as a result of the Buyer's actions.
10.4.5. If the Buyer has purchased a set of Goods from the Seller and uses the rights specified in Clause 10.1 of the Agreement, the Buyer is obliged to return the entire set of goods to the Seller, i.e. the Buyer can use the right to return the Goods only in relation to all the Goods included in the set. In the event that one of the Goods included in the set does not meet the requirements set out in Clause 10.4.3 of the Regulations, the Seller has the right to request the Buyer to compensate the amount proportional to such reduction in the value of the Goods.
10.4.6. All gifts that were given together with the purchased Product must be returned to the Buyer at the same time as the returned Product, unless the return of the purchased Product is related to its quality defects and the gifts were used from the date of purchase of the Product to the day when the defects of this Product were discovered or the period of use of such gifts has expired.
10.4.7. Before returning the Goods, the Buyer contacts the Seller by e-mail at sales@shifmobility.lv or by phone number +371 26 142 555, and the Parties agree on the conditions for returning the Goods.
10.4.8. The Buyer shall immediately, but no later than within 14 (fourteen) days after submitting or sending to the Seller a refusal form or a notice on the exercise of the right of refusal, or a notice on the return of the Goods in accordance with Rules 8.3, 8.6. or 10.1. - for Clause 10.3 and coordinating information with the Seller about the procedure for returning the Goods (Clause 10.4.7 of the Rules), return or send the Goods to the Seller. When returning the Goods, it is the Buyer's responsibility to indicate the address of the sender, the recipient's address and pack the Goods properly so that they are not damaged during shipping. The Seller has the right not to refund the money for the Goods that are returned with defects not caused by the fault of the Seller/manufacturer. The Seller is not responsible for the shipments sent by the Buyer incorrectly packed, with the wrong address, as well as if the shipments are lost or damaged during the return to the Seller.
10.4.9. If Rules 8.3, 8.6. or 10.1. – In the cases specified in clause 10.3, the Seller is obliged to refund the amount paid to the Buyer for the Goods (or their part), within 14 (fourteen) days from the notice of withdrawal from the Agreement or a justified notice of the return of the Goods, the Seller shall refund to the Buyer all the money paid for the returned Goods, including The costs of delivery of the goods to the Buyer (except for additional costs incurred due to the fact that the Buyer chose a delivery method other than the cheapest standard delivery method offered by the Seller). If only a part of the Goods is returned, the delivery costs will be refunded only if, and only to the extent, the other Goods of the same order, if purchased separately, would be charged a lower rate than the tariff charged if the Goods were purchased together with the Goods being returned , which is equal to the specified tariff difference.
10.4.10. The Buyer is not compensated for the delivery costs of returning the product, except for Rule 8.3, 8.6. or in the cases specified in clauses 10.4 and 10.5, when the Product is returned due to inadequate quality or incorrect delivery of the Goods, or in cases where the Seller informs the Buyer in writing that the Seller undertakes to cover the costs of returning the Goods. In cases where the costs of returning the Goods to the Buyer are compensated, the Buyer is obliged to provide the Seller with documents confirming the cost of returning the Goods. If the Buyer has chosen a different delivery method than the cheapest one offered by the Seller, the costs of the Goods delivery method chosen by the Buyer, which exceed the costs of the method offered by the Seller, are not refunded.
10.4.11. In the cases provided for in these Terms, the Seller shall refund the money to the Buyer using the same type of payment method used by the Buyer when paying for the Order, unless the Buyer and the Seller have agreed otherwise.
10.4.12. The Seller shall not be deemed to have breached the refund terms if it is unable to refund due to the fault of the Buyer.
10.4.13. The Seller has the right to withhold the refund to the Buyer until the Seller has received the Product.
11. LIABILITIES OF THE PARTIES
11.1. The Buyer is responsible for any damages caused to the Seller as a result of the violation of the Terms and/or any illegal actions of the Buyer.
11.2. The Buyer assumes full responsibility for any consequences and resulting losses that may occur due to errors or inaccuracies in the data provided by the Buyer in the Order Form. If the Buyer submits another person's data in the Order form and/or does not provide accurate data and/or does not update them in a timely manner, the Seller is not responsible for any losses incurred by the Buyer or third parties as a result.
11.3. The Seller is not responsible for the consequences and resulting losses that may occur to the Buyer if the Buyer transfers the Order and/or Order confirmation data to third parties.
11.4. The Seller is released from any liability in cases where losses occur because the Buyer, despite the Seller's recommendations and his own obligations, has not familiarized himself with these Terms, the Privacy Policy, the Order and/or the Order Confirmation, although he was given such an opportunity.
11.5. The Online Store may contain references to third-party websites. The Seller cannot guarantee the accuracy, completeness or truthfulness of the information accessed by clicking on these links and assumes no liability of any kind in this regard.
11.6. The seller is not responsible for non-fulfillment or delayed fulfillment of the Agreement or any obligations specified in the Agreement, if this occurred due to the fault of third parties.
11.7. None of the Parties is responsible for the fulfillment of the Agreement or any obligations arising from it, if such fulfillment is hindered or delayed by force majeure. Force majeure refers to extraordinary events or circumstances that are beyond the control of the Parties, are unforeseeable and could not be prevented by reasonable measures.
11.7.1. Force majeure circumstances may include, but are not limited to, natural disasters (such as earthquakes, floods or fires), pandemics, acts of terrorism, wars, embargoes, riots, strikes, lockouts, government decisions or acts of public bodies that prevent or delay The ability of the parties to fulfill their obligations.
11.7.2. The Party affected by force majeure must immediately notify the other Party in writing within 5 (five) days from the occurrence of such circumstances. The Party invoking force majeure shall, upon request, submit to the other Party documents certifying force majeure issued by the relevant Chamber of Commerce or other appropriate institution.
11.7.3. The party affected by force majeure shall make reasonable efforts to prevent the breach and resume performance of the Agreement as soon as possible.
11.7.4. Upon termination of the force majeure circumstances, the Party informs the other Party in writing within 5 (five) days and provides information on the expected deadline for the fulfillment of the obligations specified in the Agreement. By not notifying the other Party of such circumstances in a timely manner, the Party may be liable for any damages caused to the other Party caused by such delay.
11.7.5. In case of force majeure, the term of performance of the obligations specified in the Agreement is extended, taking into account the duration of such circumstances and their consequences.
11.7.6. If the circumstances of force majeure continue for more than 6 (six) months and it is not reasonably expected that they will be terminated within an additional three (3) months, either Party has the right to terminate the Agreement and return to the other all that it received from the other Party within the Agreement.
11.8. The buyer is responsible for maintaining the quality and safety of the Product during the period of exercising the right of withdrawal.
11.9. The Buyer is responsible for the correctness and/or updating of the data specified in the Order Form.
11.10. The Online Store contains text, video materials, photographs, images, logos and other materials protected by copyright and/or other intellectual property rights. Full or partial publication, reproduction, transfer or storage of the contents of the Internet store is prohibited, unless the owner and/or holder of such copyright or other intellectual property rights has given their written consent to such an activity. This prohibition does not apply to storing such content on a computer or printing it for personal use. In case of violation of this prohibition, the violator must compensate for all damages caused to the owner, holder or third parties of copyright and/or other intellectual property rights.
12. DISCOUNTS AND SPECIAL OFFERS
12.1. The seller, on his own initiative, can announce and apply various special offers or discounts in the Internet store. The seller has the right to unilaterally, without separate notification, change the special offers or discount conditions or cancel them completely. Any changes in the procedure for applying special offers or discounts are valid from the moment of their publication and do not apply to previously concluded Agreements.
12.2. If the Buyer purchases Goods for which the Seller offers a certain discount or gift, and then exercises his right to return the Goods, the Buyer will be refunded only the amount of money that the Buyer actually paid for the Goods.
13. EXCHANGE OF INFORMATION
13.1. The Seller sends all messages and other information to the Buyer to the e-mail address and/or telephone number specified in the Order Form. The Buyer is considered to have received this information within 24 (twenty-four) hours from the moment it was sent.
13.2. The Buyer sends all notifications, claims, applications and questions to the Seller using the Seller's contact information specified in these Terms or in the Contacts section of the Internet store. In the event that the Buyer communicates with the Seller in a manner other than as specified in the Terms, the Seller does not assume any responsibility or risk that may arise as a result of such communication.
Seller contact information:
Address: 97 Andreja Pumpura Street, Daugavpils, Latvia, LV-5404, Republic of Latvia
E-mail address: sales@shifmobility.lv,
Phone: +371 26 142 555
14. FINAL PROVISIONS
14.1. The laws of the Republic of Latvia are applicable to these Terms and relations between the Parties in accordance with these Terms.
14.2. All disagreements arising from the implementation of these Terms are resolved through negotiations. If the Parties fail to reach an agreement, disputes are resolved in accordance with the procedures established by the legislation of the Republic of Latvia.
14.3. If any of the provisions of these Terms and Conditions is found by the court to be illegal, invalid or unenforceable, the other provisions of these Terms and Conditions shall remain valid and applicable in full. Any provision of these Terms that is found to be illegal, invalid or unenforceable only in part or to a certain extent will remain in effect to the extent that it was not found to be illegal, invalid or unenforceable.
14.4. The Buyer (Consumer) can submit requests and/or complaints about the Goods purchased in the Internet store to the Consumer Rights Protection Center (Brīvības iela 55, Riga, Latvia, LV-1010, phone: +371 654 525 54, e-mail: pasts@ptac.gov .lv, website http://www.ptac.gov.lv/lv) or use the European Union electronic dispute resolution platform (ODR) - more information http://ec.europa.eu/odr.