Terms of Sale


Introduction:

This purchase is regulated by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases here mean the sale of goods to a consumer who is not primarily acting as part of a commercial activity, and when the seller acts in a commercial activity by selling goods over the Internet. The contract has been prepared and recommended for use by the Consumer Ombudsman. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-commerce Act, and these laws give consumers inalienable rights. The terms of the contract should not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those stated in these terms and conditions. In cases where the contract does not directly provide a solution to a problem, the contract must be supplemented with relevant legal provisions.

1. The Agreement

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature of the goods, quantity, quality, other properties, price and delivery terms), any direct correspondence between the parties (for example, e-mail) and these terms of sale.

In the event of a conflict between the information provided by the seller regarding the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information provided in the ordering solution shall take precedence over the terms of sale, unless it conflicts with binding legislation.

2. The parties

Seller:
Company name: TBNB SIA
Contact address: Augšdaugavas novads, Bebrenes pagasts, "Dzelzīši"
E-mail: info@innerfix.eu
Telephone number: +371 20320653
Fax number:
Organization number: 40203381259
Buyer is the person who places the order.

3. Prices

The prices stated in the online store include VAT. Information on the total costs to be paid by the buyer, including all taxes (VAT, customs, etc.) and delivery costs (freight, postage, invoice fees, packaging, etc.) as well as specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. 

4. Conclusion of the agreement

The agreement is binding on both parties when the buyer's order has been received by the seller. However, a party is not bound by the agreement if there has been a typing or typing error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.

5. Order confirmation

Once the seller has received the buyer's order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer. It is recommended that the buyer check that the order confirmation matches the order with regard to quantity, type of goods, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. Payment

The seller may demand payment for the goods from the time they are sent from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase price on the card at the time of ordering for up to 4 days from the order. A credit card is a payment card where the settlement for the purchase takes place afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment. A debit card is a payment card linked to a deposit account. Use of the card results in the user's account being debited and the amount being transferred to the payee's account.

When paying by credit card, the Act on Credit Purchases etc. will apply.
If the seller offers post-invoicing, the invoice to the buyer shall be issued upon shipment of the goods.
If the seller has a special need to require advance payment from the buyer, for example in the case of manufacturing purchases, the seller may require this. Buyers under the age of 18 can only pay directly upon delivery of the goods by the seller or upon delivery of the goods by cash on delivery.

7. Delivery etc.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the order solution in the online store. If the delivery time is not stated in the order solution, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and on the usual terms for such transport. The destination is at the buyer's place unless otherwise specifically agreed between the parties.

8. The risk of the goods

The risk of the goods passes to the buyer when the thing has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over a good that has been placed at his or her disposal in accordance with the agreement, the buyer still bears the risk of loss or damage due to the properties of the good itself.

9. Right of withdrawal

The buyer may cancel the purchase of goods in accordance with the provisions of the Right of Withdrawal Act. The right of withdrawal allows the buyer to return the goods to the seller without providing any reason, even if the goods are not defective or have not been delivered.

The buyer must notify the seller of their intent to use the right of withdrawal within 14 days of receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form. If the buyer receives the withdrawal form and necessary information later than the delivery of the goods, the withdrawal period begins from the day the buyer receives the form and information.

  • Insufficient Information: If the buyer does not receive sufficient information or the withdrawal form, the withdrawal period will expire 3 months after receiving the goods.
  • No Information Provided: If no information about the right of withdrawal is provided, the withdrawal period is extended to 1 year.

The buyer's notification of withdrawal should, for evidentiary purposes, be in writing (e.g., withdrawal form, email, fax, or letter) and must include details about how the goods will be returned to the seller.

Returning the Goods
When exercising the right of withdrawal:

  1. The goods must be returned to the seller within a reasonable time.
  2. The seller is required to refund the full purchase price within 14 days of receiving the goods, the collection slip, or when the goods are made available to the seller.
  3. The seller cannot charge fees for the buyer's exercise of the right of withdrawal but may require the buyer to pay the cost of return shipping.

The buyer is allowed to examine the product before withdrawing from the purchase. However, the goods must be returned to the seller in approximately the same condition and quantity as when received. If possible, the goods should be returned in their original packaging.

Exceptions to the Right of Withdrawal
The buyer cannot withdraw from the purchase of:

  • Goods that deteriorate quickly.
  • Goods that, by their nature, cannot be returned.
  • Sound and image recordings (e.g., CDs, DVDs) or computer programs where the seal has been broken.

For the exception regarding sealed goods, the seller must have clearly and distinctly informed the buyer about the conditions for the lapse of the right of withdrawal on the seal.

10. Examination of the goods

When the buyer receives the goods, it is recommended that he or she reasonably examines whether they are in accordance with the order, whether they have been damaged during transport or whether they are otherwise defective.
If the goods do not correspond to the order or are defective, the buyer must notify the seller by way of complaint, cf. clause 11 of the contract.

11. Complaints in the event of defects and deadline for reporting claims in the event of delay

If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wishes to invoke the defect. The deadline may never be shorter than two months from the time the consumer discovered the defect. However, a complaint must be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint deadline is five years.
In the event of a delay, a claim must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered.
If the goods were paid for by credit card, the buyer may also choose to complain and send a claim directly to the credit provider (credit card company). The notification to the seller or credit provider should be in writing (e-mail, fax or letter).

12. Buyer's rights in the event of delay

If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or the buyer's circumstances, the buyer has the right, in accordance with the provisions of Chapter 5 of the Consumer Protection Law, to withhold payment, demand performance, cancel the contract, and claim compensation from the seller, depending on the circumstances.

Performance: If the seller does not deliver the goods at the agreed delivery time, the buyer has the right to maintain the purchase and set a reasonable additional deadline for performance by the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome or if performance would cause such great inconvenience or cost to the seller that it would be disproportionate to the buyer's interest in having the contract performed. If the difficulties are resolved within a reasonable time, the buyer may demand performance.

Cancellation of the contract: The buyer has the right to cancel the contract with the seller if the delay is significant or if the seller does not deliver the goods within the additional period set by the buyer. However, the buyer cannot cancel the contract while the additional period is in effect unless the seller has stated that he or she will not deliver within the period.

Compensation: The buyer may claim compensation for the losses suffered as a result of the delay by the seller, in accordance with Section 24 of the Consumer Protection Law. The buyer must notify the seller of the claim in the event of a complaint, as per Section 11 of this contract.

13. Buyer's rights in the event of defects

If the goods have a defect and this is not due to the buyer or the buyer's circumstances, the buyer has the right, in accordance with the provisions of Chapter 6 of the Consumer Protection Law, to withhold payment, choose between rectification and replacement, demand a price reduction, demand the cancellation of the contract, and claim compensation from the seller, depending on the circumstances.

Rectification or replacement: If the goods are defective, the buyer has the right to demand that the seller rectify the defect or replace the goods. The seller may object to the buyer's claim if fulfilling the claim is impossible or causes unreasonable costs to the seller. The seller must carry out the rectification or replacement within a reasonable time, at no cost to the buyer, without causing financial difficulties to the buyer, and without significant inconvenience.

Price reduction: If the defect is not rectified or the goods are not replaced, the buyer may demand a proportional price reduction.

Cancellation of the contract: The buyer may cancel the contract instead of requesting a price reduction, except when the defect is insignificant.

Compensation: The buyer may also claim compensation for financial losses suffered as a result of the defect, in accordance with Section 33 of the Consumer Protection Law. The buyer must notify the seller of any claim by way of complaint, as per Section 11 of this contract.

14. Seller's rights in the event of buyer's default

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's part, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand cancellation of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and fees for non-advance-paid, uncollected goods.
Fulfillment: If the buyer does not pay, the seller may maintain the purchase and demand that the buyer pay the purchase price (fulfillment). If the goods are not delivered, the seller loses his right if he waits an unreasonable amount of time to file the claim.
Cancellation: In the event of a material default of payment or other material default by the buyer, the seller may cancel the agreement. However, the seller may not cancel after the purchase price has been paid. The seller may also cancel the purchase if the buyer does not pay within a reasonable additional period for fulfillment that the seller has set. The seller may not, however, withdraw while the additional period is running, unless the buyer has said that he or she will not pay.
Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of a breach of contract by the buyer.
Interest on late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Act on Interest on Late Payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the Act on Debt Collection Activities and Other Collection of Overdue Monetary Claims. Fee for uncollected goods: If the buyer fails to collect the goods, the seller may charge the buyer a fee of EUR 50 + return shipping. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

15. Warranty

A warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under clauses 12 and 13.

16. Personal data

The seller processes the buyer's personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The buyer’s personal data is processed only to the extent necessary to fulfill the contract or ensure the protection of the buyer’s rights. The buyer has the right to request information about their data, request corrections, deletion, or restriction of processing.

17. Conflict resolution

If a dispute arises between the buyer and the seller, the parties will seek to resolve it through negotiations. If no agreement is reached, the buyer has the right to contact the Consumer Rights Protection Center or other relevant supervisory authorities. The buyer also has the right to file a claim in court in accordance with the laws of the Republic of Latvia.

17. Amendments and Additions to the Agreement

 The seller reserves the right to amend these terms to comply with changes in laws or business practices. Changes take effect upon publication on the seller’s website and do not apply retroactively to completed transactions.

18. Other Information

These terms are governed by the laws of the Republic of Latvia. If any provision is deemed invalid, it does not affect the validity of the remaining terms.