TERMS AND CONDITIONS OF PURCHASE

1. DEFINITIONS 

1.1. Seller –Limited Liability Company Truckmaster, registration No. 41203063885, registered address Mango iela 1 - 1, Mežāres, Babītes pag., Mārupes nov., LV-2101. 

Contact details of the Seller:

Actual address: Spilves iela 8b, Riga, LV-1055, Latvia

Phone: +371 25685778

Email: ask@truckmaster.lv

1.2. Online Store – an online store accessible at the address www.truckmaster.lv.

1.3. Purchaser – a person purchasing products on the Online Store.

1.4. Business Day – any day of the week except Saturdays, Sundays and public holidays that are days-off according to the Latvian law.

1.5. Personal Data – the Purchaser’s data as specified in the Privacy Policy.

1.6. Privacy Policy – a document approved by the Seller that sets out main provisions on the collection, accumulation, processing and storage of the Personal Data as well as other aspects related to the use of the Online Store.

1.7. Terms and Conditions – these Terms and Conditions of purchase of products on the Online Store, which constitute a distance agreement for purposes of laws and regulations of the Republic of Latvia.

1.8. Account – an account created upon the registration of the Purchaser with the Online Store in which Personal Data provided by the Purchaser and data on the Purchaser’s orders placed at the Online Store are stored. 

2. GENERAL PROVISIONS 

2.1. These Terms and Conditions is a legal document that constitutes a distance agreement binding on both the Purchaser and the Seller. The Terms and Conditions cover the rights and obligations of the Purchaser and the Seller, other provisions of the sale and purchase agreement, and conditions for purchasing on the Online Store. It is recommended that you should read these Terms and Conditions and the Privacy Policy carefully and make sure that you understand them correctly. If you disagree with the provisions of the Terms and Conditions and the Privacy Policy, you should not use the Online Store.

2.2.The following persons shall have the right to buy on the Online Store:

- legally capable individuals, i.e., persons over 18 whose capacity has not been restricted by the court;

- minors aged 14 – 18 with their parents’ or guardians’ consent except for cases where they dispose of their income independently;

- legal entities acting through authorised representatives; 

- authorised representatives of the persons specified above.

2.3. By placing an order on the Online Store, the Purchaser confirms that he/she has the right to buy products on the Online Store.

2.4. Upon registration of the Account in the Online Store, the Purchaser certifies correctness of data submitted and assumes all liability for any consequences of submitting incorrect data.

2.5. It shall be deemed that the products have been ordered when the Purchaser receives, to the email address specified by the Purchaser, a confirmation that the Seller has started performance of the order. Performance of the order is started at the moment when the Purchaser has paid for the order and the relevant amount has been credited to the Seller’s bank account. 

2.6. The sale and purchase agreement entered into by and between the Purchaser and the Seller is valid from the moment the order is confirmed until performance of mutual obligations of the Purchaser and the Seller.

3. PRODUCTS AND ORDERS

3.1. Products available to the Purchaser for ordering and purchase can be viewed on the Online Store. The description of principal product properties is provided next to the product concerned, and it can be designed as a product image, general description, specific details (such as technical data) of the product and/or by providing a link to a website where more detailed description of the product (such as manufacturer’s information) can be obtained. The Seller shall not be liable for any non-conformity of the colour, shape or other characteristics of the products on the Online Store with the actual size, colour and shape of the products due to the properties of the monitor used by the Purchaser.

3.2. The product price is specified on the Online Store next to the product concerned. The product price is specified in euros, including Value Added Tax and any other taxes and duties applicable to the product. The specified product price as of the moment of placing the order shall be final and binding on both the Purchaser and the Seller, except for cases of obvious mistake. Should the Seller establish that the price of any products ordered by the Purchaser is incorrect, the Seller shall inform the Purchaser as soon as possible so that the Purchaser can choose to either confirm the order with the correct price or cancel the order. In the case if the Seller is unable to establish contact with the Purchaser, the order shall be deemed to be cancelled and all the amounts paid by the Purchaser shall be refunded. Prices shall be subject to change at any time, however, except for the circumstances referred to above, these changes shall not affect orders for which the Seller has sent order confirmations. The product price does not include the charge for product delivery, which depends on the chosen delivery method and is specified individually.

3.3. Product warranty information is specified in the product description. In any event, the product warranty term set forth in the applicable laws and regulations or the one defined by the product manufacturer shall apply. More information about the product warranty and the procedure of its use is specified in the warranty terms and conditions supplied with the product.

3.4. The Purchaser may order and purchase the products on the Online Store only by registering on the Online Store and creating the Account. The Purchaser must provide all the data required for the registration. The Purchaser may log in to the Account by entering the email address provided at registration and the Purchaser’s password.

3.5. A confirmation of the order shall be sent to the Purchaser to the email address specified in the Account information. 

4. PAYMENT 

4.1. The products shall be paid for at the moment of ordering the products by using the payment options available on the Online Store – payment by card or bank transfer.

4.2. The Purchaser shall pay for the products immediately. An order will be created subject to payment for the products by the Purchaser. Should the Purchaser fail to pay within one hour, the order shall be deleted from the system.

4.3. Upon receipt of the order, authorisation of the Purchaser’s card shall be performed in order to ensure that there are sufficient funds in the card for the payment transaction. 

4.4. By clicking on ‘Pay’ at the moment of order confirmation, the Purchaser confirms that he/she is the owner of the payment card. 

4.5. Payment cards shall be checked and authorised by the card issuer, however, if the card is not authorised, the Seller shall not be liable for any delay or delivery failure. 

4.6. When payment is completed, a confirmation regarding successful payment for the order shall appear on the Purchaser’s screen.

4.7. After payment, the invoice for the order with a note regarding its payment shall be immediately sent to the email address specified in the Purchaser’s Account, and it shall also be stored in the Purchaser’s Account with the Online Store where it may be viewed, downloaded and/or printed at any time.

4.8. Upon completion of purchase, the Purchaser will receive a purchase confirmation at the email address specified during registration.

5. DELIVERY AND COLLECTION OF THE PRODUCTS

5.1. When purchasing products on the Online Store, the Purchaser shall select the method of delivery and shall provide an accurate delivery address.

5.2. If the Purchaser is unable to collect the products himself/herself and the products have been delivered to the specified address according to other details provided by the Purchaser, the Purchaser shall not be entitled to claim that the products have been delivered to a wrong recipient.

5.3. Products from the Online Store can be delivered in the territory of the Republic of Latvia.

5.4. The available delivery methods and charge for the relevant delivery are specified next to the product concerned, and the Purchaser shall select the delivery method and approve the charge for delivery simultaneously with the product order. The delivery charge shall not be subject to change after confirmation of the order. 

5.5. If the total amount of the products included in the order exceeds EUR 35, the delivery shall be free of charge. For orders of a smaller amount, the delivery charge is specified at the moment of execution of the order and its amount depends on the location of the delivery address.

5.6. Products can be received at the Seller’s warehouse at Spilves iela 8b, Riga, LV-1055, or they are delivered by means of Omniva delivery service or via Latvijas Pasts. The term of delivery of the particular product may be affected by the chosen type of delivery and delivery address as well as the working hours of the relevant delivery company. More information about the terms of delivery and times of performance is available on the websites of Omniva or Latvijas Pasts.

5.7. If the purchased product is available in the Seller’s warehouse and if the Purchaser has opted to receive it there, the product shall be available for collection no later than on the business day following payment for the order. If the Purchaser has opted to receive the product delivered at the address specified by the Purchaser, the Seller shall dispatch it (transfer to the delivery company) in less than 2 business days after payment for the order. As long as the above delivery companies normally deliver the products in the territory of Latvia within 1-2 days, the total term of delivery shall normally not exceed 5 days.

5.8. If the purchased product is not available in the Seller’s warehouse, the term of delivery will be extended accordingly for the period required for the Seller to receive the purchased product from its supplier, and it may take 14-30 days.

5.9. At the moment of product dispatch, the Seller shall notify the Purchaser of the product dispatch by sending a tracing code enabling tracing the consignment and the time of performance, to the email address provided at registration.

5.10. The order shall be delivered to the person specified as recipient in the product order, at the specified delivery address. In the event that the product is not delivered due to the fault of the delivery company, the Seller shall reimburse the Purchaser for the value of the product and delivery after it has received a relevant confirmation of loss from the delivery company.

5.11. The Seller shall be exempt from liability for a failure to comply with the term of delivery if the delivery of the products has failed or is delayed due to the Purchaser’s fault or for reasons beyond control of the Seller.

5.12. Upon receipt of the products, the Purchaser shall check the condition of the packaging (check external packaging for damage) and sign the order transfer and acceptance document. Upon signature of the order transfer and acceptance document by the Purchaser it shall be deemed that the order has been delivered in a proper condition. Should the Purchaser notice any damage to the packaging, the Purchaser shall note this on the order transfer and acceptance document; where the order is delivered by a courier – a report on damage to the packaging shall be issued, and shall notify the damage to the Seller. Should the Purchaser fail to take the above action, the Seller shall be exempt from liability for the damage to the products and for the delivery of an incomplete order, if such non-conformity can be established by a visual inspection of the products. Having collected the products at self-service terminals and having noticed non-conformity, the Purchaser shall notify the Seller immediately. 

6. RIGHTS AND DUTIES OF THE PURCHASER

6.1. Legal right of withdrawal:

6.1.1. The Purchaser who makes a purchase on the Online Store, as a consumer, has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which the Purchaser or a third party other than the carrier and indicated by the Purchaser acquires physical possession of the products or in the case of multiple products in one order delivered separately, after 14 days from the day on which the Purchaser acquire, or a third party, other than the carrier and the one indicated by the Purchaser, acquires physical possession of the last product.

6.1.2. In order to exercise his/her right of withdrawal, the Purchaser must log in to his/her Account and provide information regarding exercising the right of withdrawal and product return. The Purchaser may use the Withdrawal Form found in the Annex to these Terms and Conditions, but it is not compulsory. In order to meet the deadline for withdrawal, it is sufficient to send the Purchaser’s notice of exercising the Purchaser’s right of withdrawal before the deadline for withdrawal expires.

6.1.3. The Purchaser must promptly, but no later than within 14 days after the date the Purchaser has submitted the notice of withdrawal to the Seller, send the product back or return it to the Seller’s warehouse at Spilves iela 8b, Riga, LV-1055. All costs associated with the return of the product shall be paid by the Purchaser, except for the events explicitly stated in the Terms and Conditions.

6.1.4. If the Purchaser exercises his/her right of withdrawal, the Seller shall refund the product price to the Purchaser within 14 days after the date the Purchaser’s product has been received back. The delivery charge shall not be refunded.

6.1.5. The product price is refunded by transferring the relevant amount to the Purchaser’s bank account, from which the payment for the product was made. The Seller shall not assume any liability for failure of refund or delay of refund for the returned product if the Purchaser has provided incorrect information required for the refund. 

6.1.6. The Purchaser may exercise the above rights if the following conditions are satisfied: 

- the product is not damaged and its appearance has not changed significantly;

- the product is unused and has maintained its consumption properties;

- the product is returned with intact labels, marks, etc. that were on the product at the moment of purchase, i.e., they have not been damaged, removed, etc., if such removal had not been required to inspect the product.

6.1.7. The Purchaser is responsible for the reduction of product value due to any action that had not been required to determine the type of, properties and functioning of the item. The Seller shall be entitled to refuse accepting the product if the Seller can prove that renewal of its initial state will cause additional costs and originality of the product will be lost.

6.2. The right to return the product not meeting the provisions of the agreement:

6.2.1. Should the Purchaser consider that the product received does not meet the provisions of the agreement, the Purchaser is entitled to make a request to the Seller within 2 years after the delivery date. In such a case, the Purchaser shall contact the Seller by using the specified contact details of the Seller and provide his/her data: first name, last name, reason for returning the products, order number or number of the invoice (payment order) confirming payment for the products, contact details (telephone number or email address) and bank details (account number, bank name and code) if the amount paid by the Purchaser (or a portion of it) has to be refunded to the Purchaser‘s bank account. The Seller will carefully examine the returned product and will notify the Purchaser by email within a reasonable period if the product may be refunded or replaced (as appropriate). 

6.2.2. In any case, a product shall be considered as meeting the provisions of the agreement if (i) the product conforms to the description and properties provided on the Online Store; (ii) the product is suitable for normal use in the same way as other products of the same type; and (iii) the quality and properties of the product are such as can be expected from other products of the same type.

6.2.3. If the Purchaser is requesting a refund and such request is justified, the full amount paid by the Purchaser shall be refunded, including delivery charges and reasonable return shipment costs.

6.3. The Purchaser shall pay for and accept the products purchased according to a procedure set forth in these Terms and Conditions. If the Purchaser refuses to accept the products at delivery without a valid reason, the Purchaser shall pay the costs of product return at the Seller’s request. The Purchaser shall also pay the costs claimed by the courier if the Purchaser fails to accept the products at the time agreed with the courier.

6.4. The Purchaser shall safeguard the Account log in data assigned to him/her and shall not disclose such to any third parties. The Purchaser shall be responsible for retaining such data and shall assume liability for any actions (data transmission, orders placed, consumer comments etc.) that are taken on the Online Store upon logging in to the Account as well as consequences of such actions. In the case of loss of the log in data, the Purchaser shall notify the Seller immediately. 

6.5. The Purchaser is responsible for ensuring that the Purchaser’s data provided on the Online Store are accurate, correct and complete. In the event of change in such data, the Purchaser shall update them in the Account section or shall inform the Seller about the change. Under no circumstances shall the Seller assume any liability for any damage incurred by the Purchaser and/or third parties due to the Purchaser’s failure to provide current and/or complete data or to update/supplement data in the case of their change. If the Purchaser has provided personal data of third parties for the purpose of using the Online Store, the Purchaser shall assume responsibility for the lawfulness of the provision and use of such data.

6.6. If, in the event of product return initiated by the Purchaser, the Purchaser is not satisfied with the solution offered by the Seller, for example, the Seller does not agree that the product does not meet the provisions of the agreement, the Purchaser may submit an application/complaint to the State Consumer Rights Protection Centre (Brīvības iela 55, Riga, LV-1010, email: pasts@ptac.gov.lv, tel. 65452554, website: www.ptac.gov.lv).

7. RIGHTS AND OBLIGATIONS OF THE SELLER

7.1. The Seller shall enable the Purchaser to use the services of the Online Store the operating conditions of which are set out in these Terms and Conditions and other conditions published on the Online Store. 

7.2. In case if the Purchaser has paid for the products but it is impossible to establish contact with him/her based on the selected method of delivery, the Purchaser’s order shall be cancelled and returned to the Seller.

7.3. The Seller shall deliver the products by the method selected by the Purchaser in accordance with these Terms and Conditions.

7.4. In cases where the Seller is unable to deliver the products ordered on the Online Store for unforeseen reasons related to suppliers or due to the products being out of stock, the Seller shall have the right to terminate the sale and purchase agreement by giving the Purchaser a notice. In such a case the Seller may offer the Purchaser another item of the same or higher quality and value. Should the Purchaser refuse from such item, the Seller shall refund the amount paid by the Purchaser to the Purchaser’s account from which the payment was made, within 5 Business Days.

7.5. The Seller shall reserve the right to remove, at any time, any products from the Online Store and to change any information on the Online Store or to remove it. The Seller shall make every effort to fulfil all the orders of the Purchaser, however, exceptional situations may occur when the order has to be cancelled after sending an order confirmation, and the Seller shall reserve the right to cancel it at any time.

7.6. If the Purchaser uses the Online Store in breach of these Terms and Conditions, attempts to cause damage to the stability and security of its operation, or is otherwise in breach of the applicable laws and regulations, the Seller shall have the right to restrict the Purchaser’s use of the Online Store or cancel the Purchaser’s Account without a warning. In any case, the Seller shall not be liable for any losses or damages arising from an attack against information systems, virus or other software, malware etc. that can affect computers of individuals using the Online Store, IT equipment, data or materials as a result of use of or downloading of content from the Online Store or websites to which links are provided.

74.8. Where the Online Store contains links to other websites and third-party information, such links are provided for information only, and the Seller shall not control such websites irrespective of their content and information provided thereon. Therefore, the Seller shall assume no liability for any losses or damages arising from their use.

8. PERSONAL DATA PROCESSING

The Personal Data provided by the Purchaser shall be processed in accordance with the Privacy Policy.

9. FINAL PROVISIONS 

9.1. The Seller reserves the right to amend and supplement these Terms and Conditions and other related documents. Any amendments and additions to the Terms and Conditions shall enter into force on the date of their publishing on the Online Store. Should the Purchaser disagree with the new version of the Terms and Conditions, the Purchaser shall have the right to renounce the amendments and additions, however, in such a case the Purchaser shall forfeit the right to use the Online Store. The current version of the Terms and Conditions in effect as of the moment of placing the order shall apply. 

9.2. The parties shall be exempt from performance of their obligations under these Terms and Conditions if performance of the obligations is prevented due to unforeseen circumstances beyond the parties’ control as specified in the applicable laws and regulations.

9.3. The Seller or a third-party content provider shall be the owner of all the copyright and other intellectual property rights to all text and graphic content of the Online Store. Use and distribution of the content of the Online Store shall be prohibited unless the Seller has given its prior written consent. 

9.4. The Seller shall not assume any risks and shall be unconditionally exempted from liability in the event of the Purchaser’s failure to carefully familiarise himself/herself with these Terms and Conditions while having been afforded the opportunity to do so. 

9.5. Legal relations arising from these Terms and Conditions shall be governed by the Latvian law. Any disagreements arising from implementation of these Terms and Conditions shall be resolved by negotiations. In case of a failure to reach an agreement, the dispute shall be resolved in the procedure provided by Latvian law.

9.6. Any person using the Online Store agrees that communication with the Seller will take place mainly electronically. The Seller shall contact the Purchaser via email or shall provide information by publishing it on the website of the Online Store. The Purchaser shall send all notices and enquiries via email or by calling the telephone number provided in the relevant section of the Online Store.

ANNEX TO THE TERMS AND CONDITIONS OF PURCHASE

WITHDRAWAL FORM