Product Return Policy

Download - Withdrawal form

RETURN POLICY

 

1. General Provisions

1.2. Terms used in the Return Policy:

1.2.1. Policy - the Return Policy sets out the procedure governing the rights and obligations of the Buyer and the Seller in relation to the return of goods ordered from the "Gaisma un Serviss" online store and/or refunds.

1.2.2. Contract - a purchase or distance contract governing the provision of the service, namely the purchase and sale of the Goods, concluded between the Buyer and the Seller in accordance with Cabinet of Ministers Regulation No. 255 "Regulations Regarding Distance Contracts".

1.2.4. Seller - the limited liability company "Gaisma un Serviss" (hereinafter - SIA "Gaisma un Serviss"), registration No. 50003948371, VAT payer number: LV50003948371, registered address: Katlakalna iela 6D, Riga, LV-1073, Latvia.

1.2.5. E-shop - the online store operated by SIA "Gaisma un Serviss" at the website www.watt.lv.

1.2.6. Courier - a goods carrier engaged by the Seller who delivers the Goods to the location specified by the Buyer.

2. The Buyer's (user's) right to cancel the Contract

2.1. The Buyer's right to make purchases in the E-shop is in accordance with the Consumer Rights Protection Law of the Republic of Latvia (hereinafter - PTAL) and Cabinet of Ministers Regulation No. 255 of the Republic of Latvia (hereinafter - LR) "Regulations Regarding Distance Contracts" (hereinafter - MK). In accordance with the procedure laid down in paragraph 19 of the MK, the Buyer has the right to unilaterally withdraw from the Contract within 14 (fourteen) days by notifying the Seller, except in the cases referred to in paragraph 22 of the MK.

2.2. The right of withdrawal does not apply to Buyers that are legal persons, including a person who has purchased the Goods for non-consumption purposes in accordance with paragraph 12 of the PTAL. This paragraph does not apply to cases concerning the entry into force of the Goods warranty.

2.3. The Buyer cannot exercise the right of withdrawal when any of the subparagraphs referred to in paragraph 22 of the MK applies, including:

2.3.1. the provision of the service, which was started before the end of the withdrawal period, has been fully completed, provided that the Buyer has expressly agreed and acknowledged that he will lose the right of withdrawal from the day on which the contract for the provision of the service has been fully performed. This provision does not apply to contracts where the subject matter of the contract includes both Goods and a service;

2.3.2. the price of the Goods or service depends on fluctuations in the financial market which the Seller or service provider cannot control and which may occur during the withdrawal period;

2.3.3. the Goods are made to the Buyer's specifications or the Goods are clearly personalised;

2.4. The Buyer shall inform the Seller of the wish to cancel the Contract or to return the goods by carrying out one of the following procedures:

2.4.1. by completing the withdrawal form found in the E-shop section "Return Policy";

2.4.2. by providing a clear notification (application) setting out the grounds for withdrawing from the Contract and complying with the PTAL and MK regulations.

2.5. The notification methods referred to in paragraph 1.4 for the cancellation of the Contract, return or exchange of the goods shall be sent to the e-mail shop@wattpro.lv. Upon receiving the Buyer's notification, the Seller shall immediately send confirmation of receipt of the notification. The Buyer shall return the signed form or application referred to in paragraph 1.4 together with the Goods to the Seller.

2.6. The 14 (fourteen) day period for the right of withdrawal from the Contract begins to run when the Buyer (user) or a third party, other than the courier, receives the Goods or:

2.6.1. if the Buyer has ordered more than one item of Goods in an order and the Goods are delivered separately - from the day on which the Buyer (user) or a third party, other than the Courier, receives the last of the Goods in the Order;

2.6.2. if the Goods are delivered in several batches or parts - from the day on which the Buyer or a third party designated by him, other than the Courier, receives the last batch or part of the order;

2.6.3. if the Contract is concluded for the regular supply of goods - from the day on which the Buyer or a third party, other than the Courier, receives the first item of Goods.

2.7. If the Buyer has withdrawn from the Contract while the Goods have not yet been delivered to him, the Seller shall treat the Buyer's withdrawal as a cancellation of the Buyer's order and shall inform the Buyer thereof at the e-mail address specified by the Buyer.

2.8. If the Buyer exercises the right of withdrawal after having submitted a request to the Seller in accordance with paragraph 18 of the MK, the Buyer shall pay the Seller an amount which, in relation to the full performance of the Contract, is proportionate to the part of the Contract performed at the moment when the Buyer informs the service provider of the exercise of the right of withdrawal. That amount shall be calculated on the basis of the final price set out in the Contract. If the final price is excessive, the amount payable by the Buyer shall be calculated on the basis of the market value of the part of the Contract performed.

2.9. The Seller is not obliged to cover any additional costs incurred by the Buyer in receiving the ordered Goods, given that the Buyer has expressly chosen the delivery method most convenient and/or cheapest for himself that is offered by the Seller.

2.10 The Seller shall not refund the amount paid by the Buyer for the Goods until the Buyer has returned the Goods to the Seller and/or the Buyer provides evidence that the Goods have been sent to the Seller, whichever occurs first.

2.11. The Buyer shall, without delay but no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal from the Contract, send or deliver the Goods to the Seller or to another person with the Seller's consent. The procedure and requirements for returning such Goods are set out in paragraph 7 of the Terms and Conditions of Purchase and Sale.

2.12. The Buyer undertakes to bear all direct costs associated with returning and sending back the Goods, except where, by mutual agreement, these costs are borne by the Seller.

2.13. The Buyer is liable for any diminished value of the Goods where the goods have been used for a purpose other than that consistent with the nature, characteristics and functioning of the Goods.

 

3. Quality of Goods and warranties

3.1. The Seller guarantees the quality of the Goods in accordance with the requirements laid down in the regulatory enactments in force in the RL.

3.2. The characteristics of each of the Goods sold in the E-shop are described in their product description "Product information".

3.3. The Seller provides a time-limited quality warranty for some Goods and/or types of Goods. Special warranty terms can be found in the product description and/or "Warranty terms". The Buyer may also contact the Seller regarding the warranty period and terms of a specific item of Goods by writing to the e-mail address shop@wattpro.lv

3.4. The warranty provided by the Seller does not restrict the Buyer's rights in respect of a purchased item of Goods of poor quality under the PTAL.

3.5. The Seller undertakes to refund the Buyer the amount of the value of the purchased Goods, repair the Goods or otherwise remedy the established defects of the Goods if the Goods do not comply with their warranty conditions or requirements.

 

4. Return and exchange of Goods

4.1. In the event of a return or exchange of Goods or a warranty claim, the exchange, return or refund of the Goods is possible only if the Buyer presents proof of purchase confirming that the Goods were purchased in the Seller's E-shop and, in the case of a warranty, also a completed warranty card.

4.2. In cases of exchange of the Goods, as well as return of the Goods (where the Seller does not replace the Goods with a suitable substitute), the Buyer's withdrawal from the Contract takes effect, which may occur in the following manner:

4.2.1. The Buyer has the right, within 14 (fourteen) days from the moment of receiving the purchased Goods, to return them and/or replace/exchange them for other Goods at a location specified by the Seller, including at the Seller's shop in Riga, Katlakalna iela 6D, or to find out about other options for delivering the Goods to the Seller by giving prior notice, writing to the e-mail: shop@wattpro.lv or calling +371 67 55 7215. The Seller agrees to an exchange of the Goods on the following terms:

4.2.2. if the exchange results in a difference between the prices of the Goods being exchanged, the Buyer shall pay the Seller the amount of the difference, but if the amount of the difference is payable by the Seller, the Seller shall make the payment using the same payment method used by the Buyer within 14 (fourteen) days;

4.2.3. if the Seller has not offered alternative exchange Goods, the Buyer has the right, within the period set by the MK, to return the Goods to the Seller and recover the amount paid for them. The Seller shall return to the Buyer the amount paid for the relevant Goods no later than 14 (fourteen) days from the day on which they are returned;

4.2.4. The Buyer must inform the Seller of the wish to exchange and/or return the Goods. The Buyer must submit the exchange/return request in writing, stating in the subject line of the e-mail: goods exchange/return, to the e-mail shop@wattpro.lv, no later than 14 (fourteen) days after the Buyer has received the relevant Goods, so as not to miss the MK deadline. Upon receiving the Buyer's message, the Seller will immediately send confirmation of receipt of the notification;

4.2.5. The Buyer may exchange the Goods only if the Goods have not been used, are undamaged, the consumer properties of the Goods have been retained, including the commercial appearance of the Goods (undamaged labels, protective films, etc.), and the Buyer has a document confirming the purchase of the Goods.

4.2.6. In addition to the terms referred to in paragraph 3.2.5, all returned Goods must be returned so that they have retained their authentic labels, protective packaging, and contain the same accessories as at the moment the Goods were sold. The Goods sent/handed back must be in the appropriate and original packaging, in good saleable condition (with the instructions and warranties, if any were supplied with the Goods), with the same composition and weight in which the Buyer acquired the Goods. Any gifts (additional promotional items accompanying the Goods) received together with the Goods must also be handed back;

4.2.7. The Buyer shall hand over the Goods to be returned to the Seller at the location specified by the Seller (by sending them back using Courier services, by post or by handing them over in person). The Goods must be returned to the Seller's address, which can be found in paragraph 3.2.4 of this Contract. When the Buyer delivers heavy Goods (for assessment, modification, exchange, repair or return of the Goods due to their quality) and not only these, the Seller reserves the right to contact the Buyer by telephone to inform them of the delivery address for the Goods;

4.2.8. When returning the Goods by post or by Courier, the Buyer must indicate the sender's address and pack the Goods properly and carefully so that they are not damaged in transit. The Seller does not refund money for Goods that are damaged at the time of dispatch. The Seller is not liable for shipments delivered to an incorrectly indicated address, or if the shipment of the Goods is lost or damaged during transport;

4.2.9. For a Buyer who returns the Goods in good and acceptable condition, the Seller refunds only the money paid for the Goods and their delivery to the Buyer. The costs of returning the Goods are borne by the Buyer himself.

4.3. Defects/faults of the sold Goods are remedied or the Goods are exchanged for Goods of good quality in accordance with the Warranty Terms and the procedure laid down in the regulatory enactments of the RL.

4.3.1. If the Buyer purchases Goods with defects, and this is noted in the delivery - acceptance act of the product (if it does not comply with the provisions applicable under paragraph 3.1 of the Policy), or the Goods were of inadequate quality - a manufacturing defect is found or they do not comply with the manufacturer's specifications - the Buyer may, at his choice, request:

4.3.1.1. that the Seller remedy the defects of the Goods within a reasonable period, if this is possible;

4.3.1.2. a reduction of the purchase price;

4.3.1.3. replacement of the Goods with similar Goods of adequate quality, except in cases where the defects/faults are insignificant and/or have arisen through the Buyer's fault;

4.3.1.4. a refund of the amount paid for the price of the Goods and cancellation of the purchase Contract, in cases where the sold Goods are of poor quality and serve as grounds for terminating this Contract.

4.3.2. The Buyer may choose only one of the remedies provided for in paragraph 3.3.1 of the Contract. The chosen option must be indicated in the Buyer's application concerning the defects/faults of the Goods, also providing the purchase documents of the specific Goods confirming its acquisition and, where applicable, also the warranty documents;

4.3.3. If the Buyer is unable to exercise his remedy, the Seller shall propose an alternative to the method provided for in paragraph 3.3.1.

The Buyer has no right to change the chosen remedy. The Buyer has no right to terminate the Contract if the defect/fault of the goods is insignificant and does not constitute a material breach of the Contract;

4.3.4. The Buyer must pay for the delivery costs of returning the Goods, but when the Seller confirms that the returned Goods were returned due to inadequate quality (a factory defect), the Seller shall refund the delivery and return costs to the Buyer;

4.3.5. If the Buyer chooses to return the defective Goods to the Seller, the Seller shall refund the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification of the poor quality Goods, but if the Buyer has not yet returned the Goods to the Seller, the refund period shall begin from the day on which the Goods are returned to the Seller;

4.3.6. The Seller shall reject the Buyer's claims regarding poor quality Goods if these claims are made at the end of the Goods warranty period (except in cases where the Buyer can prove that the defect arose before the Goods reached the Buyer, during the transport of the goods, or from other causes attributable to the Seller's liability), and if the Goods were intentionally or negligently damaged after they were handed over to the Buyer, or if the Goods are damaged as a result of use, non-use, or failure to observe the storage conditions of the Goods, as well as if the Goods have been used contrary to other conditions set out in the warranty.

4.4. If the Goods have not been delivered to the Buyer after receiving the Seller's e-mail confirmation of the delivery of the Goods and the invoice, the Buyer must inform the Seller of this event without delay, but no later than within 3 (three) working days, by writing to the e-mail: shop@wattpro.lv or by calling +371 67 55 7215. The Seller undertakes, at its own expense, to replace the relevant Goods and/or replace them with suitable Goods. Paragraph 3.1 of the Policy applies to the return and exchange of such goods. This paragraph does not apply to cases where the Courier has delivered the Goods to the Buyer and/or another person has accepted them.

4.5. The Seller informs that, upon establishing a loss in the value of the returned Goods, the Seller reserves the right to apply to a court with a claim against the Buyer for the compensation of the losses caused to the Seller as a result of the Buyer's actions.