This contract is made between "PSX RETAIL" LLC, unified registration No. 40203058955, registered with the Commercial Register on March 27, 2017, legal address: 3 Ieriķu Street, Riga, LV-1084, owner of the online store "psx.lv" (hereinafter – the Seller), and the buyer who places an order and makes a purchase through the online store "psx.lv" (hereinafter – the Consumer).
The distance contract applies to all orders and purchases made through the online store "psx.lv".
Entry into Force and Performance Term of the Distance Contract
1. The distance contract takes effect upon the placement of an order by the Consumer online, using a smartphone or any other technical means, and receipt of a confirmation of his/her order from the Seller by e-mail.
Orders and order confirmations are deemed received as soon as these become accessible for the intended recipients thereof.
The Seller shall perform its liabilities under the distance contract no later than within 30 days of receipt of an order from the Consumer, unless the parties have agreed on a different period. If the Seller is unable to perform its liabilities under the contract due to unavailability of the goods ordered by the Consumer, the Seller must inform the Consumer of this circumstance.
2. Before the Consumer undertakes the liabilities provided for by the distance contract or consents to the offer, the Seller clearly and comprehensibly provides the Consumer with the following information:
Characteristics of the sold products are specified in product descriptions. Additional information is provided at the Consumer's request online, by phone or using any other technical means no later than within two business days.
1. The prices of all products sold through the online store "psx.lv" are specified in Euros (EUR) inclusive of value added tax (VAT 21%). The product price remains as specified in the placed order until all liabilities are discharged.
2. The product price does not include the costs of delivery of products to the Consumer.
Order Delivery Timelines, Methods and Costs
1. Products are delivered within the territory of Latvia within 1-4 business days after the order is paid. The Seller delivers products to the address specified by the Consumer in accordance with the postal delivery regulations and at the price rates specified at the "psx.lv" website under "Delivery Information". The product price and delivery costs are paid by the Consumer jointly before the Seller delivers the products.
Delivery price is included in the invoice. Delivery timelines may be altered depending on any special conditions imposed by the Supplier.
2. In case of exchange or return of products, the transportation risk lies with the Consumer (except when the Consumer uses the right of withdrawal in case of faulty products – in this case, all expenses incidental to delivery are borne by the Seller).
1. The Seller undertakes the liability of delivering the products ordered by the buyer through the online store "psx.lv", and the Consumer undertakes the liability of accepting and paying the ordered products depending on the selected mode of delivery. Placement of an order for products is deemed the Consumer's offer to the Seller to enter this distance contract on the delivery of the ordered products and the Consumer's consent to purchase the ordered products for the specified price. The Consumer order products by means of completing the respective order form at the Seller's homepage "psx.lv".
2. To place an order, the Consumer must sign up – only registered users can place orders online. A Consumer signing up as a user to the "psx.lv" website undertakes to provide his / her true personal data by means of using his / her real full name and using an active e-mail address and phone number. Upon completion of the purchase process, the Consumer will receive an e-mail with an order confirmation and an invoice, which confirms the placement of the respective order; at that, it is deemed that the Seller has accepted the buyer's offer and acceded to this distance contract for its part, and this distance contract is deemed executed between the Consumer and the Seller.
3. The Consumer shall inform the Seller of any changes no later than within two business days of receipt of the order confirmation. If the invoice confirmation is not received at the e-mail address specified in the buyer's order, this means that the Seller did not accept the buyer's offer, did not accede to this distance contract, and is therefore not liable to fulfil the respective order placed by the buyer. In this case, the Consumer must make sure that the order was placed in accordance with the Seller's requirements and that the e-mail address and phone number are specified correctly.
Payment of an order
1. By wire transfer, through a bank, PayPal or through the Stripe payment system.
Invoices must be paid within 3 days to the account number specified therein. Prior to the receipt of funds, the ordered products are reserved at the warehouse for 5 calendar days after the acceptance of the order. When the Seller receives the due payment from the Consumer, the order is confirmed, and the Consumer is notified thereof with a message to the e-mail address specified in the user's profile. Fulfilment of the order only starts after the payment is received. Individual customers must specify the order number in the "Details" section when making the payment.
The Seller shall contact corporate customers to issue a sales invoice. A purchase is deemed paid from the time when the funds are credited to the current account of the online store.
The Seller may revoke the purchase in the following instances:
1. The selected products cannot be obtained from the manufacturer
2. Delivery time exceeds the timelines provided for by the contract
3. There are other valid reasons to cancel the purchase
The Seller shall have the paid purchase price refunded to the bank account that the Consumer used to make the payment no later than within 14 calendar days.
1. All products bought through the online store "psx.lv" are covered by a warranty effective for 1 year (12 months). Consignment notes for any ordered products must be kept, as these are the documents that certify the purchase, and the warranty will be void unless the consignment invoice is available. In case of any defects, the Consumer may demand free repairs or replacement of the product.
The warranty is valid provided that the purchase document is presented, along with the warranty document issued by the manufacturer or seller (if the respective product comes with a warranty document). The warranty certificate is only valid if it clearly and legibly specifies the model and date of sale of the product and contains the seller's signature and stamp. Amending, deleting or correction any data specified in the invoice or in the warranty certificate in any manner is prohibited.
2. Warranty liabilities become void if:
2.1. the consumer has unpacked the purchased audio records, video records or software;
2.2. any products intended for personal (domestic) purposes were used for profit making, for industrial purposes or in any other unauthorised manner;
2.3. the product was used in disregard of the warnings specified in the user manual;
2.4. the product has signs of unqualified repair attempts;
2.5. the design or structure of the product were modified in any manner;
2.6. the product's serial number is altered, removed or cannot be determined.
3. Types of damage rendering the warranty void:
3.1. damage caused by ingress of any foreign objects, substances, liquids or insects inside the product;
3.2. damage caused by natural disasters, fires, social factors, external factors of random nature (power line voltage surges, etc.) or accidents;
3.3. damage caused by incompatibility with the standard parameters of power lines, telecommunication networks, cable networks, as well as other external factors;
3.4. damage inflicted through the use of non-standard or off-grade expendable materials, spare parts, constituent parts, appurtenances, accessories or various data carriers.
4. The warranty does not apply: to expendable materials, appurtenance (accessory) kits and power supply elements, if such replacement is permitted by the design of the product and does not require dismantlement thereof.
5. Part six, section 12 of the Consumer Rights Protection Law stipulates that "the consumer is responsible for preserving the quality and safety of the goods during the period of exercise of the right of withdrawal". Payment for a product is only refunded if the product remains in its original intact package, has no visual or technical damage and is returned as a complete package as it was at the time of receipt thereof. If any such damage is identified, the Seller may refuse to accept the product back. Previously used products may not be returned. The Seller will only accept the product back if it has no visual or technical damage and is returned as a complete package as it was upon receipt thereof. If the condition of the returned product has deteriorated, the Consumer must reimburse the Seller for the losses incurred due to the decline in value of the product. The Seller shall have the paid purchase price refunded to the bank account that the Consumer used to make the payment no later than within 30 calendar days.
6. The Consumer is responsible for the decline in value of a product if the product was used for any purposes other than ascertainment of the nature, properties and operation of the product. The Consumer is not responsible for the decline in value of a product if the Seller has not informed the Consumer of the latter's right of withdrawal in accordance with the procedure provided for by regulatory acts that govern the issues of consumer rights protection.
Warranty Provisions for the Return of Products.
1. The product in its intact original packaging must be delivered or sent as a registered parcel via the Latvijas Pasts postal service to the office address of PSX RETAIL LLC: 204a Brīvības gatve Street, Riga, LV-1039. In case of a defect, a cash receipt or other payment document certifying the expenses incidental to the return of the product must be attached as well.
A Return of Goods Form must be completed. If all conditions are met, the Seller shall refund the amount paid by the Consumer for the purchase to the bank account from which the order was paid, or to a different bank account specified in the Return of Goods Form, within thirty calendar days of receipt of the returned product.
2. The Seller reserves the right to refrain from returning the amount of the purchase if the returned parcel fails to meet the requirements of the Regulations of the Cabinet of Ministers No. 255 of May 20, 2014 (paragraph 29, article 3. The Consumer is not entitled to use the right of withdrawal if the Consumer has unpacked the purchased audio records, video records or software.
Right of Withdrawal and the Procedure of Return of Products
1. The Consumer may use the right of withdrawal and withdraw from the distance contract unilaterally within 14 calendar days by returning the purchased products to the Seller. The Consumer may unilaterally withdraw from the contract within the specified period without having to pay any penalties, interest or reimbursements. The right of withdrawal, as well as the procedure of and timelines for exercising the right of withdrawal are governed by the provisions of the Consumer Rights Protection Law and the Regulations of the Cabinet of Ministers No. 255 of May 20, 2014 "Regulations Regarding Distance Contracts".
2. The time period allocated for the exercise of the right of withdrawal is deemed to begin:
2.1. if products are purchased – with the date when the consumer or a third party other than the carrier as may be indicated by the consumer obtains the product in its possession;
2.2. if the consumer has placed an order for several products that are delivered separately – with the date when the consumer or a third party other than the carrier as may be indicated by the consumer obtains the last of these products in its possession;
2.3. in case of delivery of a product comprised of several batches or parts – with the date when the consumer or a third party other than the carrier as may be indicated by the consumer obtains the last batch or part of the product in its possession;
2.4. for contracts on regular product deliveries – with the date when the consumer or a third party other than the carrier as may be indicated by the consumer obtains the first product in its possession.
3. The Consumer must inform the Seller of its decision to withdraw from the contract before the period for exercising the right of withdrawal expires, by means of filling out a Withdrawal Form or sending a notice of exercise of the right of withdrawal by e-mail. Proper timelines are deemed observed if the Consumer sends a Withdrawal Form or a notice of exercise of the right of withdrawal to the Seller before the effective period of the right of withdrawal expires.
4. The Consumer must provide proof of exercise of the right of withdrawal. The Seller may provide the Consumer with the opportunity to complete and submit a Withdrawal Form or a notice of exercise of the right of withdrawal electronically, through the Seller's website. In this case, the Seller informs the Consumer of receipt of withdrawal immediately using a durable data carrier (including e-mail).
The Consumer sends or delivers the returned products back to the Seller without undue delay, but no later than within 14 days of sending the respective Withdrawal Form or a notice of exercise of the right of withdrawal to the Seller.
5. The timelines are deemed met if the products are sent back before the expiry of the 14-day period. This requirement does not apply if the Seller itself offers to take the product back. The Seller shall return the amount of money paid by the Consumer to the latter, less the delivery fees paid by the Consumer, without undue delay, but no later than within 14 days of the date of receipt of information regarding the Consumer's decision to withdraw from the contract. The Seller shall refund the specified amount of money using the same means of payment that was initially used by the Consumer, unless the Consumer explicitly agrees to use a different means of payment and does not have to pay any extra fees for the use of such means of payment. The Consumer shall bear the direct costs of return of the products, unless the Seller agrees to pay these costs or has not informed the Consumer that these costs had to be paid by the Consumer.
6. The Consumer may not exercise the right of withdrawal in cases provided for by paragraph 22 of the distance contract, such as the following ones:
6.1. provision of a service commenced before the expiry of the right of withdrawal has been fully completed, if the Consumer stated his/her express consent and confirmation that he/she waives the right of withdrawal starting from the date of completion of the contract for the provision of services;
6.2. the price of the product or service depends on financial market fluctuations that are beyond the reasonable control of the Seller or service provider and can potentially occur during the effective period of the right of withdrawal;
6.3. the product is produced in accordance with the Consumer's specification, or is obviously personalised;
6.4. the product is liable to expire rapidly or has a short remaining shelf life;
6.5. the Consumer has unpacked the purchased audio records, video records or software;
6.6. the subject matter of the contract is the supply of digital content that is not supplied on a separate data carrier, if the delivery of such digital content was commenced with express prior consent of the Consumer and upon receipt of his/her statement of waiver of his/her right of withdrawal.
7. If the Consumer files a claim with the Seller that the product does not comply with the terms and conditions of the contract, the Consumer must attach a copy of the document certifying the respective transaction to the claim application. The Consumer is responsible for maintaining the quality and safety of the product throughout the term of exercise of the right of withdrawal.
The contract is drawn up in accordance with the following regulatory acts:
Regulations of the Cabinet of Ministers No. 255 of May 20, 2014 "Regulations Regarding Distance Contracts".
Relations between the Consumer and the Seller are governed by this distance contract and legal acts of the Republic of Latvia.
In case of any questions or discrepancies, the Consumer should contact the Seller by phone or e-mail. To the extent possible, the parties shall settle any discrepancies through negotiations. If no agreement can be achieved, the dispute is settled in court in accordance with the legislation of the Republic of Latvia.
By placing an order with the online store "psx.lv", the Consumer certifies that he/she has familiarised himself/herself with the provisions of this contract and commits himself/herself to fulfil and observe these. The Consumer is hereby informed that the Seller may unilaterally alter the terms and conditions of this contract at any time.