Terms of Purchase and Sale of Goods on https://blueshockrace.com
- Definitions
1.1. “Seller” – SIA Blue Shock Race, reg.No. 42103069876, legal address: Liepāja, Brīvības iela, LV-3401;
1.2. “Website” – the website with the address https://blueshockrace.com, where the Seller’s goods and services are sold and which is administered by the Seller.
1.3. “Buyer” – 1) a capable natural person, i.e. the person, who has come of age and whose capacity to act is not limited by a court judgement; 2) a minor person aged fourteen to eighteen years, who has a consent of his/her parents or guardians, except when the person has been granted majority prematurely or the person is considered to be of an age of majority; 3) a legal person.
1.4. “Parties ”– the Buyer and the Seller together.
1.5. “Personal Data” – any information relating to an identified or identifiable natural person (data subject); an identified or an identifiable natural person is the person who can be identified, directly or indirectly, in particular by reference to identifiers such as a name and a surname, an identification number, location data and an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the person.
1.6. “Terms” – these “Terms of Purchase and Sale of Goods on https://blueshockrace.com”, which apply to each Buyer’s purchase on the Website and each purchase contract between the Seller and the Buyer.
1.7. “Privacy Policy” – the document approved by the Seller, which includes basic conditions of collecting, processing and storing Personal Data using the Website. The Buyer should read the Seller’s personal data processing policy carefully before purchasing goods or services and concluding this contract with the Seller.
1.9. “Warehouse” – the Seller’s warehouse with the address Liepāja, Brīvības iela, LV-3401.
1.10. “Contract” – the contract for purchasing respective goods or services concluded between the Buyer and the Seller, which is considered concluded from the moment of approval of an Order, i.e. the moment of making an order. Provisions of any Contract concluded between the Buyer and the Seller shall be considered identical to provisions of these Terms, and the parties shall always fulfil such Contracts in accordance with these Terms.
1.11. “Order” – an order of Goods and services, which includes all the goods and services, which the Buyer wishes to purchase from the Seller and which are specified in this order.
- General provisions
2.1. The Buyer shall approve the Terms after having read them and tick “I have read and agree with the terms of purchase of goods and services”. The Terms approved in this way shall be a legal instrument binding on the Parties which lays down the rights and obligations of the Buyer and the Seller, the conditions for the purchase of and payment for goods, the procedures for the delivery and return of goods, the liability of the parties and other terms relating to the purchase and sale of goods.
2.2. Only those Buyer shall be entitled to purchase goods on the Website, which are specified in Paragraph 1.3 of the Terms. When approving the Terms and the Privacy Policy, the Buyer confirms that he/she has the right to purchase the goods via the Website.
2.3. If necessary or if the circumstances provided for in the legislation of the Republic of Latvia exist, the Seller shall be entitled to amend, correct or supplement the Terms. The Buyers can read the latest version of the Terms on the Website or when purchasing goods or services after the new version of the Terms has entered into force.
2.4. The Buyer has an obligation to read the Privacy Policy approved and published by the Buyer.
2.5. If the Seller has the right or obligation to send information or documents to the Buyer by e-mail, in all cases the Buyer shall be responsible for providing a valid e-mail address to the Seller.
- Ordering of goods, moment of establishment of the legal relationship of a purchase contract
3.1. When ordering goods or services on the Website, the Buyer must specify in the relevant information fields on the Website his/her Personal Data needed to properly fulfil the order, which the Seller processes in accordance with the procedures laid down in the Privacy Policy.
3.2. When the Buyer has selected the product or service, created a shopping cart of goods and completed all order actions, the last of which is the choice and approval of the payment method, it is considered that a legal purchase relationship has been established between Seller and Buyer and a purchase contract has been entered into.
3.3. Each Buyer’s order is stored in the Seller’s database in accordance with the procedures laid down in the Privacy Policy.
- Buyer’s rights
4.1. The Buyer has the right to purchase goods and order services on the Website in accordance with the procedures laid down in these Terms.
4.2. The Buyer has the right to cancel an order in accordance with the procedures laid down in these Terms.
4.3. The Buyer has the right to withdraw from the Contract in accordance with the procedures laid down in these Terms.
4.4. The Buyer has the right to exchange or return the purchased goods in accordance with the procedures laid down in these Terms.
4.5. The Buyer has other rights laid down in these Terms, the Privacy Policy and the legislation of the Republic of Latvia.
- Buyer’s obligations
5.1. When using the Website, the Buyer must fulfil his or her obligations, comply with these Terms, the Privacy Policy, other documents and the Buyer must not violate the laws and regulations of the Republic of Latvia.
5.2. The Buyer must pay for the goods or services ordered and accept them in accordance with the procedures specified in these Terms.
- Seller’s rights
6.1. The Seller has the right to cancel a Buyer’s order without prior notice if the Buyer fails to pay for the goods within 3 (three) working days.
6.2. The Seller has the right to contact the Buyer using the details specified in the order. The time limit for the delivery of the goods in this case shall start from the date, on which the Seller has contacted the Buyer. The Seller has the right to cancel the order by repaying the money paid by the Buyer without prior notice to the Buyer.
6.3. The Seller has the right, at his/her discretion and without a separate consent of the Buyer, to split the goods selected by the Buyer (the goods of the particular seller in the shopping cart) into separate orders. In the event of such splitting, the additional service costs for the particular order will be divided into separate orders and calculated separately for each order, so they may differ from the service price specified in the description of goods. The Seller has other rights laid down in these Terms, the Privacy Policy, other documents and the legislation of the Republic of Latvia.
- Seller’s obligations
7.1. The Seller undertakes to execute the orders of the Buyer in accordance with the procedures laid down in these Terms and to contact the Buyer if necessary for execution of the order.
7.2. The Seller undertakes to respect the privacy of the Buyer, to process the Personal Data of the Buyer only in accordance with the procedures laid down in these Terms, the Privacy Policy and the laws and regulations of the Republic of Latvia and the European Union.
7.3. In accordance with provisions of these Terms, the Seller undertakes to deliver the Goods ordered by the Buyer and to accept the goods shipped back by the Buyer.
7.4. If the Seller is unable to deliver the ordered goods to the Buyer or to execute the order in accordance with the agreed terms, it undertakes to reimburse to the Buyer within 14 (fourteen) the money paid working days, if a prepayment has been made, and in all cases to cancel the order.
7.5. The Seller undertakes to fulfil the other obligations imposed on it by the Terms and by the laws and regulations of the Republic of Latvia.
- Prices of goods, payment procedure and deadlines
8.1. Prices of goods on the Website are specified in the euro, including the amount of VAT in force at that time and other applicable taxes, if any.
8.2. The Buyer may pay for the ordered goods in one of the following ways:
8.2.1. using the PayPal payment system;
8.2.2. with a bank card;
8.3. When the Seller receives payment for the goods, the order of goods is confirmed.
8.4. When the Buyer agrees with the terms, the Buyer agrees that the purchase documents – VAT invoices, which are at the same time also warranty cards for the goods – may be issued physically together with the goods or electronically to the e-mail address specified in the Buyer’s application form. VAT invoices shall specify Seller’s details, selected goods, their quantity, discounts granted, the final price of the goods, including all taxes, and any other data that are determined by the accounting legislation.
8.5. After the order has been approved by the Seller, the price of the goods may only change in exceptional cases where the price of the goods has changed due to technical errors in information systems, the correction of obvious (reckless) errors or other objective reasons independent of the Seller. If, in such a case, the Buyer does not agree to purchase the goods for the new price, the Buyer may cancel the order by informing the Seller thereof within 2 (two) working days, using the contact information provided on the Website. After the cancellation of the order in accordance with the procedures laid down in these Terms, the Seller undertakes to reimburse to the Buyer all the amounts he/she has paid for the cancelled order.
- Delivery of goods
9.1. The Seller shall inform the Buyer about the availability of goods for transfer (delivery) by e-mail notification to the e-mail specified by the Buyer. The Buyer shall ensure the acceptance of the goods at the Warehouse or at another address, if the parties agree on this separately, not later than 5 working days from the date of sending of the e-mail notification regarding the availability of the goods for transfer.
9.2. The Buyer undertakes to accept the goods himself/herself. A valid personal identification document (personal identification card or passport) must be presented at the time of receipt of the goods. If the Buyer does not accept the goods himself/herself, the Seller has the right to transfer the goods to another person if he/she provides information about the intention to accept the goods instead of the Buyer and the Buyer will not have the right to make any claims to the Seller regarding the transfer of the goods to the wrong person.
9.3. The Buyer and Seller may agree on the delivery of the goods. In such a case, the goods may be delivered by the Seller or its authorised representative. The cost of delivery is not included in the price of the goods.
9.4. The Seller shall be released from liability for a violation of the deadline for delivery of the goods if the goods have not been delivered to the Buyer or have not been delivered on time due to the fault of third parties, which are not related and/or are not dependent on the Seller or due to circumstances depending on the Buyer.
9.5. When the goods are delivered, the Buyer or his/her representative must check the condition of the product (goods) and sign the transfer and acceptance document for the consignment. After the Buyer has signed the transfer and acceptance document for the consignment, it shall be considered that the goods have been transferred in a proper condition and have no deficiencies or defects, as well as no non-conformity in the assembly of the product (goods). If the Buyer finds that the product (goods) is (are) damaged and/or the product (goods) assembly is incomplete, the Buyer must make a note in the goods transfer and acceptance document and draw up a free-form statement regarding the damage/non-conformities of the product (goods). If the Buyer does not perform these actions, the Seller shall be relieved of liability for damages of the goods, as well as liability for non-conformity in the set of the goods.
9.6. The risk of accidental loss or damage to the goods shall be transferred to the Buyer from the moment the goods are transferred to the Buyer.
9.7. If the Buyer does not pick the goods within the prescribed deadline or they cannot be delivered to the Buyer and the Buyer has paid for the goods, the Seller’s representatives shall contact the Buyer to agree on another time and/or method of transfer or delivery of the goods. If the Buyer still does not pick the goods or the goods cannot be issued to the Buyer within more than 90 days, it shall be considered that the Buyer has refused from the goods within the meaning of Section 941 of the Civil Law of the Republic of Latvia.
- Quality warranty and shelf life of the goods
10.1. The properties of the goods are indicated in the existing description of each product.
10.2. The goods offered by the Seller are of high quality. The goods conform to the consumer’s purchase contract if:
10.2.1. the goods correspond to the description provided by the Seller and have the same characteristics as the goods offered by the Seller as a sample or model, as advertised on the Website;
10.2.2. the goods are suitable for use for the purpose for which such types of goods are normally used;
10.2.3. the goods comply with quality indicators which are normally characteristic for the same type of goods and which the Buyer can reasonably expect based on the statements made publicly by the manufacturer of the type of the goods and the article, its representative or seller, including the advertising and labelling of articles, regarding the specific properties of the article.
10.3. The Seller shall not be responsible if the goods sold by the Seller do not correspond by their dimensions, shape, colour or other parameters to the real dimensions, shape, colour or other parameters of the goods due to the characteristics of the display used by the Buyer or other technical reasons that do not depend on the Seller’s will. Product images are provided for reference only and are just examples. The colours, inscriptions, parameters, dimensions, functions and/or any other properties of the original products may, due to visual features of the Website, look different than in reality, so please refer to the properties of the goods described in the description of the goods. It is advisable for the Buyer to read the description of the goods.
10.4. The Seller shall grant a quality warranty valid for a specific period of time for different types of goods, the specific period and other conditions of which are specified in the descriptions of such goods or together with an invoice for the goods corresponding to the warranty card. If the warranty period is not specified, it shall be deemed to be 2 years from the day of transfer of the goods.
10.5. The quality warranty granted by the Seller shall not restrict the rights of consumers, provided to them by law in the event of the purchase of a product or service of non-conforming quality.
10.6. The Seller shall provide a warranty service for the goods. In order to carry out warranty service, the Buyer must deliver the goods to the Warehouse on his/her own transport.
- Right of withdrawal from a purchase contract, procedures for the return and exchange of goods
11.1. The defects in the goods sold are rectified, poor quality goods are exchanged, returned in accordance with the procedures laid down in the Terms and the requirements of the law and regulations of the Republic of Latvia.
11.2. A Buyer who is a consumer has the right, without giving reason, to withdraw from the purchase contract within 14 (fourteen) days, by exercising the right of withdrawal, notifying the Seller thereof. The Buyer may not exercise these rights if the buyer is not a consumer, as well as in the cases referred to in Paragraph 22 of Regulations of the Cabinet of Ministers No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts”.
11.3. The withdrawal from the purchase contract shall be notified by the Buyer in one of the following ways: by completing the withdrawal form or by submitting a clear message announcing his/her decision to withdraw. Notice of withdrawal from the contract must be sent to e-mail info@blueshockrace.com.
11.4. The period of 14 (fourteen) days intended for withdrawal from the purchase contract and exercising the right of withdrawal shall be counted from the date on which the Buyer receives the goods.
11.5. If the Buyer withdraws from the purchase contract before the goods have been delivered to him/her, the Buyer must inform the Seller thereof, using the contact details provided on the Website. The Buyer’s withdrawal shall be prepared as the order cancellation.
11.6. If the Buyer withdraws from the purchase contract after the goods have already been received, he/she must return the goods to the Warehouse or another place, if agreed separately by the parties, not later than by the end of the period of exercising of the right of withdrawal or within five working days of the date of submission of the notification on exercising the right of withdrawal.
11.7. The right to return the goods of a non-conforming quality may be exercised by the Buyer within the period of the quality warranty specified in the goods purchase document. The Buyer has a duty to report any quality deficiencies by sending the Seller an e-mail to the address Brivibas street 113, Liepaja, Latvia, LV-3401 and to deliver the goods to the Warehouse and to submit the goods purchase document and the warranty document, if any.
11.8. If the non-conformity of the goods with the terms of the contract is insignificant and cannot significantly affect the Buyer’s ability to use the goods, the Buyer may not require the Seller to cancel the contract and to reimburse the amount of money paid for the goods. The non-conformity of goods with the terms of the contract shall be considered to be insignificant if it does not significantly lower the quality of performance of the essential functions of the product or the characteristics of its use and may be prevented without a visual change in the appearance of the goods.
11.9. The purchase contract shall not be canceled and the money shall not be repaid for goods which have been intentionally or negligently damaged (exposed to chemicals, water, open flames, high temperatures, sharp objects, etc.) or where the instructions for use or storage of goods have been violated, or the goods have been used incorrectly or not in accordance with their intended purpose.
11.10. Certain provisions for returning of goods of non-conforming quality may be provided for in the warranty documents delivered with the goods. In such cases, the provisions laid down in the warranty documents supplied with the goods shall take priority.
11.11. If the Buyer exercises the right of withdrawal or the right to return the goods of non-conforming quality, the money shall be reimbursed to him/her within 14 (fourteen) calendar days after the Seller has received the goods in the Warehouse or in another place, if the parties have agreed on that. The Seller has the right not to reimburse to the Buyer the amounts he/she has paid until the goods are received in the Warehouse and the Seller checks their conformity. The Buyer agrees that, in the event of return of goods, the money will be repaid by transfer to the Buyer’s bank account from which the payment for the goods was made, unless this is technically impossible, the Seller has no information about such account or the Buyer and Seller have agreed otherwise.
- Responsibility
12.1. The Buyer shall be responsible for wrongful actions performed using the Website.
12.2. The Seller shall be relieved of any liability in cases where losses occur because the Buyer, without taking into account the Seller’s recommendations and his/her obligations, has not fulfilled these Terms and the Privacy Policy, other documents, although such an opportunity was given to him/her.
12.3. The Website contains links to other third-party websites, and the Seller does not guarantee that the information that can be seen following these links is correct, complete or accurate. Third parties shall be responsible for the content, correctness, completeness and accuracy of the information provided by third parties. The Seller shall not be required to verify the external information transmitted or stored or to disclose wrongful actions.
- Exchange of information
13.1. All communication between the parties is based on the contact details specified on the Website.
- Final provisions
14.1. These Terms have been drawn up in accordance with the laws and regulations of the Republic of Latvia.
14.2. The law of the Republic of Latvia shall apply to the relationship arising on the basis of these Terms.
14.3. Any dispute arising from the implementation of these Terms shall be resolved through negotiations. If an agreement cannot be reached within 20 (twenty) calendar days, the dispute shall be settled in accordance with the procedures specified in the laws and regulations of the Republic of Latvia.