1.1. Seller — "NO MANIS" Ltd., established and operating in accordance with laws of the Republic of Latvia, registration number: 40003884295, registered office address: Visvalža iela 3a-108, Rīga, LV-1050 Republic of Latvia.
1.2. Buyer — a natural person purchasing goods and services at the Store or using the Store who has reached the age of 18
1.3. Store — electronic "BE Racedog” store accessible online at www.beracedog.lv.
1.5. Warehouse — point of issue (pick-up) of goods owned by "NO MANIS" Ltd, . located at Vārnu iela 10, Rīga, LV-1009, Republic of Latvia.
1.6. Rules — these rules on distant purchase — sale of goods laying down the rights and duties of the Buyer and the Seller, conditions of purchase of goods and services offered by the Seller and of payment therefor, procedure of delivery and return of goods and services, liability of the parties and other provisions related to the purchase — sale of goods and services at the Store.
2. GENERAL PROVISIONS
2.2. The Buyer may purchase goods and services at the Store only having accepted the Rules. After the Buyer confirms having read the Rules, he / she undertakes to comply therewith and to execute them. By purchasing goods and services at the Store, the Buyer agrees with the application of the Rules and confirms that he / she has understood them. If the Buyer did not read and / or understand the Rules or disagreed with them, he / she cannot purchase goods and services at the Store.
2.3. The Seller shall have the right to amend the Rules. Amendments to the Rules shall take effect after they are published at the Store. If the Buyer uses the Store in any way after the publication of amendments to the Rules, he / she shall be considered to have agreed with all amendments to the Rules.
ENTERING INTO THE PURCHASE — SALE AGREEMENT
3.2. Buyers shall register by completing the registration form and providing the necessary data therein (hereinafter — Registration Data). Buyers themselves shall be responsible for the correctness, secrecy and (or) preservation of the Registration Data.
3.3. In order to purchase goods, the Buyer shall place an order at the Store by completing an electronic order form.
3.4. A Purchase — Sale Agreement shall be concluded for each order of the Buyer.
3.5. A Purchase — Sale Agreement shall be considered concluded by the Buyer and the Seller when the Buyer: (i) submits an order and forms a basket of goods following the instructions of the Seller, and specifies his / her delivery address or the method of collection of the goods; (ii) confirms that he / she has read the Rules, chooses the method of payment and pays for the order, and (iii) the Seller confirms the Buyer’s order by displaying and / or sending order information, a confirmation message (by e-mail and / or by phone) and / or a VAT invoice. In cases where the Buyer disagrees with all or some of the Rules, he / she shall not be able to order goods.
3.6. Before concluding Purchase — Sale Agreement, the Seller may also send to the Buyer other intermediate approvals, for example confirmation of the received payment, etc.
3.7. The Purchase — Sale Agreement shall be valid until fulfilment of the obligations under this agreement. The Purchase — Sale Agreement shall be considered fulfilled after the goods are transferred to the Buyer in accordance with the procedure laid down in the Rules and laws of the Republic of Latvia.
3.8. Having confirmed a Buyer’s order, the Buyer undertakes to pay the price of goods and to accept the goods ordered at the Store.
3.9. The Seller may not confirm a Buyer’s order, if the Buyer fails to fulfil all the conditions of the order of goods, the Seller does not have the product, which the Buyer wants to buy, the Buyer failed to confirm his / her agreement with the Rules and / or for other reasons which can be disclosed to the Buyer individually.
RIGHTS AND DUTIES OF THE BUYER
4.1. The Buyer shall have the right:
4.1.1. to buy at the Store in accordance with the Rules, other instructions of the Seller and legal acts of the Republic of Latvia;
4.1.2. to refuse the Purchase — Sale Agreement concluded at the Store by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the procedure laid down in the Regulations of the Cabinet of Ministers of the Republic of Latvia No 255 “Regulations Regarding Distance Contracts”, dated 20 May 2014 and the Rules;
4.1.3. to return and / or exchange goods of inappropriate quality or assembly, and take advantage of warranties;
4.1.4. other rights provided for by Rules and / or legal acts of the Republic of Latvia.
4.2. The Buyer undertakes:
4.2.1. to pay the price of ordered goods and their delivery, also to make other payments (if specified when entering into the Purchase-Sale Agreement) and to accept the goods ordered;
4.2.2. to inspect and to check goods when accepting them, also to inform the Seller about the damage of a shipment, obvious defects, model or assembly of goods that was different from that ordered by the Buyer in accordance with the procedure established by the Rules;
4.2.3. to check the quality of the purchased goods and to inform the Seller (by phone: +371 25664539 or e-mail: [email protected].lv) about any quality defects of the goods that could not be noticed when handing over the goods;
4.2.4. having chosen the method of pick-up of goods, to pick them up immediately after being informed that the goods are ready for pick-up;
4.2.5. having chosen the delivery service or other services offered by the Seller, to create conditions for their provision, also to properly pay for such services;
4.2.6. to cover expenses of the return of goods, if they are borne by the Buyer;
4.2.7. to immediately update information, if the data provided in purchase or data of delivery of goods have changed;
4.2.8. not to use the Store in such a manner as to endanger proper functioning, security, integrity of the Store or restrict the possibility of others to access the Store;
4.2.9. to comply with the requirements specified in other Rules and legal acts of the Republic of Latvia.
RIGHTS AND DUTIES OF THE SELLER
5.1. The Seller shall have the right:
5.1.1. to cancel the Buyer’s registration, if the Buyer has attempted to damage the operation or stable work of the Store, and / or violated his / her duties; the Seller shall not be liable for any losses incurred by the Buyer;
5.1.2. to terminate the operation of the Store temporarily or altogether, to modify the Store or its separate parts, all and any of its contents, to restrict purchases made at the Store, to change the website address of the Store; the Seller shall not be liable for any adverse consequences on the Buyer caused by such actions;
5.1.3. to change the Rules, the prices of goods, purchase terms and conditions or any other Store-related instructions, publishing such changes at the Store.
The Seller undertakes:
5.2.2. If for any reason a Seller is unable to sell the ordered product to the Buyer, it must refund the purchase price of the product / the whole order within 7 (seven) days.
6. PRICES AND PAYMENT FOR GOODS
6.1. The prices of goods shall be indicated in the Store and / or the order in the euro inclusive of value added tax.
6.2. The price of goods shall not include the price of delivery of the goods and the price of services, which the Buyer may order from the Seller. Unless specified otherwise, the service of delivery of goods and other services shall be paid by the Buyer separately. Prices of these services and the procedure for their calculation and payment shall be specified at the Store.
6.3. Goods can be purchased at the Store only after making an advance payment.
6.4. Purchase documents — order information and VAT invoices shall be presented to the Buyer electronically, sending them to the e-mail address specified in the Buyer’s registration form.
6.5. Should the Seller find a price error at the Store, the Seller shall immediately inform the Buyer thereof.
6.6. Minimal order is 15,50 EUR plus delivery and / or storage expenses. All orders below this value will be rejected and The Buyer will be reminded that he / she shall reorder more goods to reach this limit.
DELIVERY OF GOODS
7.1. The possible methods of delivery of goods to the Buyer shall be listed after the Buyer forms his / her basket of goods and enters his / her delivery address.
7.2. Delivery of Goods shall be a paid service. Shipping prices are available here.
7.3. Where the Buyer chooses a delivery service, the delivery price shall be displayed to the Buyer at the end of the order process, before choosing the payment method and / or making a payment. The price of delivery of goods shall be paid in advance, along with the payment for goods.
7.4. Goods shall be delivered to Buyers within written at the item days from the confirmation of the order. The Seller shall not guarantee that goods will in all cases be delivered within the terms specified in the Rules and / or elsewhere in the Store, as well as within the delivery terms specified to the Buyer individually, especially when the goods ordered are not at the Seller’s warehouses. The Seller undertakes to make every effort to deliver goods within the shortest possible time.
7.5. When ordering a delivery service, the Buyer shall specify the exact place of delivery of goods and create suitable conditions for unloading the goods (unlock gates, lift a boom barrier, available legal car parking space, open the door, etc.).
7.6. If the Buyer fails to let the Seller’s representative in at the address of unloading of goods specified in the Buyer’s order at the agreed time of delivery and 20 (twenty) minutes after this time, the shipment shall be considered undelivered at the fault of the Buyer. In such a case, goods ordered by the Buyer shall be returned to the warehouse and the Seller’s representative shall agree with the Buyer on the closest delivery date possible. The goods shall be stored in the warehouse until such agreed delivery date, however, no longer than for 4 days. After the deadline has passed, the Buyer has to pay for storage of the goods. The Buyer, who wants the Seller to re-deliver the ordered goods, shall pay the Seller for re-delivery of goods at the newly agreed time according to tariffs of the first delivery of goods.
7.7. When accepting goods, the Buyer shall check the condition of the shipment, the quantity, quality and assortment of goods.
7.8. Having determined that there are discrepancies in the quality and / or assortment of goods, the Buyer cannot accept the good which fails to meet the quality and / or assortment of goods. The Buyer shall inform the Seller about the problem.
7.9. If the Buyer accepts a shipment without making any comments, goods shall be considered delivered in an undamaged packaging, the quantity, quality and assortment of goods shall be considered to be in line with the terms of the Purchase — Sale Agreement and additional services related to the sale and delivery of goods shall be considered to have been carried out properly.
7.10. The Buyer undertakes to accept goods himself / herself. When handing over goods, the Buyer may be asked to furnish his / her personal identity document and order information sent to the Buyer by the Seller.
7.11. Having delivered goods to the address indicated by the Buyer, goods shall be considered transferred to the Buyer, regardless of whether or not the goods were actually accepted by the Buyer or any other person, who accepted the goods at the specified address. If the Buyer could not pick up goods himself / herself, and the goods were delivered to the specified address, the Buyer shall not have the right to file any claims with the Seller regarding the delivery of goods to a wrong person. If goods are not delivered on the planned delivery date, the Buyer shall inform the Seller thereof immediately, but no later than on the day following the scheduled date of delivery of goods. Otherwise, the Buyer shall lose his / her right to file claims with the Seller related to delayed delivery and / or non-delivery of goods.
7.12. The Seller shall be released from liability for violation of terms of delivery of goods, if goods were not delivered to the Buyer or were delivered late at the fault of the Buyer or for circumstances within the Buyer’s control.
PICK UP, STORAGE AND WAREHOUSING OF GOODS
8.1. If the Buyer does not order the goods delivery service, the Buyer can pick up the ordered goods free of charge at the warehouse. When placing an order, the Buyer shall choose the warehouse for picking up the ordered goods.
8.2. When goods are prepared for pick-up, the Buyer shall receive a confirmation message about the possibility to pick them up. The Buyer having arrived to pick goods up at the Warehouse shall have and present to the Seller's representative a valid identity document, also order information / confirmation message sent by the Seller to the Buyer by means of electronic communication. If the Buyer fails to provide these documents, the Seller shall have the right to refuse to issue goods to the Buyer.
8.3. The Buyer shall pick up the ordered goods no later than within 4 (four) days after the Seller informed the Buyer by electronic means of communication that goods are ready for pick-up.
8.4. After the Buyer picks up the goods, they shall be considered to have been handed over (delivered) to the Buyer.
8.5. If the Buyer fails to pick up the ordered goods within 4 days after being informed about the goods ordered being prepared for pick-up, the Buyer has to pay for futher storage 0,30 EUR per calendar day.
8.6. If Omniva parcel stations are used for delivery, The Buyer shall pick up the ordered goods no later than within 6 (six) days after Omniva informed the Buyer about the delivery. After that goods are returned to The Seller and The Buyer loses his / her delivery expenses.
8.7. If Omniva couriers are used for delivery, they deliver goods from 8:00-20:00 without prior noticing, so The Buyers responsibility is to be at the address on that day and receive goods othervise delivery expenses are lost.
8.8. If Latvijas Pasts are used for delivery, The Buyer shall be at the address at the time of delivery, othervise goods will be returned to the post office and The Buyer will have to go and pick up goods there during next 5 (five) working days.
QUALITY AND WARRANTY OF GOODS
9.1. General properties of goods being sold shall be provided in the product description of each item. If the characteristics or properties of goods indicated in the product name or the description differ or contradict each other, information presented in the product description shall be considered correct.
9.2. The colour, shape or other parameters of goods in the Store may differ from the actual size, shape and colour of goods due to the features of electronic devices used by the Buyer or for other technical reasons, also taking into account reasonable discrepancies in appearance.
9.3. Unless indicated otherwise in the Store, goods purchased by the Buyer shall be subject to a standard 2-year warranty for the quality of goods.
RIGHT TO REFUSE THE AGREEMENT. RETURN OF GOODS
10.1. The Buyer shall have the right to refuse the Purchase — Sale Agreement concluded by electronic means of communication without giving a reason therefor within 14 (fourteen) days from the date of delivery (receipt) of goods. The Buyer may refuse the Purchase — Sale Agreement by returning goods to the Warehouse or by electronic means of communication (by e-mail, etc.) by sending a notice on the refusal of the Purchase — Sale Agreement to the Seller by e-mail: [email protected].lv. The Buyer’s notice shall clearly indicate the Buyer's refusal of the Purchase — Sale Agreement. The Buyer shall also provide a purchase document (invoice, receipt, etc.), presenting this document to the Warehouse or by sending its copy together with the notice of the refusal of the Purchase — Sale Agreement, evidencing that the goods were purchased from the Seller. When purchasing several goods under a single Purchase — Sale Agreement, his / her right of refusal shall be valid in respect of both all the goods and one or more products. Conditions laid down in clauses 10.2 — 10.13 below shall apply when goods are returned by a Buyer.
10.2. Goods shall be returned to the Seller not later than within 14 (fourteen) calendar days. The Buyer shall be responsible for properly packaging goods for return. The Buyer shall bear direct expenses of the return of goods.
10.3. Goods may be returned to the Warehouse or the Buyer may return goods through intermediaries (couriers) at his / her own choice who must deliver them to the Warehouse. Before returning goods, the Buyer shall contact the Seller (by phone: +371 25664539 or by e-mail: [email protected].lv) and agree on the method and address of return of goods.
10.4. Money shall be returned to the Buyer after the goods are returned to the Seller. The Buyer agrees that money shall be returned to him / her by a bank transfer to the account which was used to make the payment.
10.5. The Seller shall not be considered to have violated conditions of return of money, if he / she is unable make a transfer at the fault of the Buyer (delayed return of goods, inaccurate data, etc.).
10.6. In any case of return, the Seller shall not compensate additional expenses of the Buyer having formed due to the Buyer having chosen another method of delivery of goods than the conventional least expensive method offered by the Seller.
10.7. When the Buyer does not like the shape, size, colour, model or assembly of goods, in cases other than the refusal of the Agreement, he / she may return the goods in accordance with the procedure laid down in the Rules and legal acts of the Republic of Latvia. Some quality goods, such as unpacked goods which are not suitable for return due to health protection or hygiene reasons and properly provided services, cannot be returned. The list of such goods is available in Regulations of the Cabinet of Ministers of the Republic of Latvia No 255 “Regulations Regarding Distance Contracts”, dated 20 May 2014.
10.8. Having purchased goods of poor quality, the Buyer may ask to exchange goods of inappropriate quality with appropriate goods, to reduce the price of goods or to return goods and recover the amount paid therefor. Goods of poor quality shall be exchanged or returned in accordance with the procedure of these Rules and legal acts of the Republic of Latvia.
10.9. The Buyer shall act in accordance with the following conditions when returning goods:
10.9.1. the goods returned shall be in their original packaging;
10.9.2. goods shall not be damaged by the Buyer;
10.9.3. goods shall be unused, marketable (with undamaged labels, unremoved protective films, etc.). Returned goods of poor quality shall not be subject to requirements of this clause);
10.9.4. the goods returned shall come in the same assembly as received by the Buyer;
10.9.5. when returning goods, presenting a VAT invoice evidencing their purchase and completing an application for the return of goods shall be necessary;
10.10. Before returning or exchanging goods of poor quality, also in cases where quality goods are returned for reasons other than the refusal of the Agreement, the Buyer shall contact the Seller (by phone: +371 25664539 or by e-mail: [email protected].lv) and agree on the conditions for the return or exchange of goods.
10.11. If the goods returned do not come in a complete assembly, are damaged, disorderly and / or inappropriately packaged, the Seller shall have the right to refuse to accept the goods returned and to return the money paid by the Buyer for the goods being returned.
10.12. The Buyer cannot return such goods that cannot be returned in accordance with legal acts of the Republic of Latvia.
LIABILITY OF THE PARTIES
11.1. The Buyer shall be liable for the correctness of the Registration Data. If the Buyer fails to provide accurate Registration Data in a timely manner, the Seller shall not be liable for resulting consequences.
11.2. The Buyer shall be liable for transferring the Registration Data to third parties. If a third person uses the services provided by the Store or purchases goods or services at the Store having logged in to the Store using the Buyer’s login data, the Seller shall consider this person the Buyer, and the Buyer shall be liable for all the obligations arising therefrom.
11.3. The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer failed to read the Rules and / or the Purchase — Sale Agreement despite the Seller's recommendation and his / her duty to do so, even though he / she was provided with such a possibility.
11.4. If the Seller’s Store has links to websites of other companies, institutions, organizations or persons, the Seller shall not be liable for information contained therein or activities carried out, it shall not supervise over or control those websites, and shall not represent those companies or individuals.
11.5. In case of damage, the guilty party shall reimburse the other party’s direct losses only.
11.6. The Seller shall not be liable for a default on the Purchase — Sale Agreement and / or a failure to deliver goods or late delivery of goods, where this happened at the fault of third persons, or for circumstances, which the Seller could not control or reasonably foresee at the time of conclusion of the Purchase — Sale Agreement, and could not prevent the occurrence of these circumstances or their consequences (force majeure). Where the said circumstances last longer than 1 (one) month, the parties may terminate the Purchase — Sale Agreement by their mutual agreement.
PROVISION OF INFORMATION
12.1. The Seller shall send all messages and other information to the Buyer to his / her specified e-mail address. This information shall be considered received by the Buyer within 3 (three) hours from the moment of its sending.
12.2. The Seller shall not be liable for any malfunctions in the Internet connection or disruptions in networks of e-mail service providers for which the Buyer was unable to receive e-mails of the Seller.
12.3. The Buyer shall send all notices, claims, applications and questions using the contacts specified in these Rules and the contact details indicated under the “Contacts” section of the Store.
13. FINAL PROVISIONS
13.1. All information provided on the Seller’s website, including, but not limited to these Rules, information about the Seller, offered goods and services, and their properties, procedure of implementation of the Buyer’s right to refuse the Purchase — Sale Agreement, warranty services provided by the Seller and warranties (if provided) shall be deemed to have been submitted to the Buyer in writing.
13.2. The Rules and the Purchase — Sale Agreement concluded by the Buyer and the Seller shall be subject to law of the Republic of Latvia.
13.3. The Seller may at any time assign its rights and duties arising out of these Rules to any third persons without obtaining the Buyer’s consent thereto or notifying him thereof.
13.4. All disagreements between the Buyer and the Seller regarding the Rules shall be solved by negotiation. If the parties fail to resolve disputes by negotiations within 15 (fifteen) days, disputes shall be finally settled in accordance with the procedure established by laws of the Republic of Latvia.
13.5. The Buyer may submit requests and / or a complaints regarding the goods or services purchased at the Store with the Consumer Rights Protection Centre (Brīvības iela 55, Riga, Latvia, LV-1010, by phone: +371 65452554, by e-mail: [email protected], on the website of the Centre at www.ptac.gov.lv) or by completing an application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/.
13.6. These Rules valid from 24th of January, 2020. In the case of inconsistencies in the English translation, the Latvian version of the Agreement shall prevail.