Distance contract rules
The online shop www.zipa.lv and the owner BCB-Eko Ltd do not keep copies of the purchase contract.
Consumer rights, information on cancellation and withdrawal
Regulations of the Cabinet of Ministers of the Republic of Latvia No.207, Riga, 28 May 2002 (Minutes No.22 § 22) “Regulations on Distance Contract“ http://www.likumi.lv/doc.php?id=62580 state that the customer has the right to withdraw from the contract within 14 calendar days and return the goods purchased in the online shop to the seller.
Consumer Rights Protection Act
Article 12. Right of withdrawal
(1) The right of withdrawal is the right of the consumer to withdraw unilaterally from the contract (to refuse an order) within a specified period without payment of a penalty, interest or damages.
(2) The consumer may exercise the right of withdrawal to withdraw from:
1) a contract concluded away from the permanent place of trade or supply of services
2) a distance contract;
3) (excluded from 23.02.2011 by the Law of 28.10.2010).
(3) The manufacturer, seller or service provider shall, at the time of conclusion of the contracts referred to in the second paragraph of this Article or at the time of the sale of the goods or the delivery of the order, provide the consumer with a written withdrawal form stating the name, surname and address of the manufacturer, seller or service provider and a description of the right of withdrawal.
(4) The consumer shall address the written refusal to the person whose name, surname and address appear on the refusal form. If the consumer is not given a written withdrawal form, the written withdrawal must be addressed to the manufacturer, seller or service provider with whom the contract was concluded. Sending a cancellation within the time limit terminates the contract and releases the consumer from any contractual obligations, except for the costs of returning the goods or thing to the manufacturer, seller or service provider.
(5) The consumer is obliged to return the product or thing to the manufacturer, seller or service provider (if the product or thing has been received) within seven days after the written refusal has been sent. The manufacturer, seller or service provider is obliged to reimburse the consumer immediately, and no later than 30 days from the date of receipt of the consumer’s written withdrawal, the amount of money paid for the good, object or service up to the date of termination of the contract. The manufacturer, seller or service provider is entitled not to reimburse the amount of money paid by the consumer for the goods or things until the consumer has returned the goods or things or has provided documents confirming the return or dispatch of the goods or things.
(6) The consumer shall be responsible for maintaining the quality and safety of the goods during the period of exercise of the right of withdrawal.
(As amended by the Law of 22.11.2001, 27.10.2005, 21.05.2009 and 28.10.2010, in force since 01.01.2011. See paragraph 19 of the Transitional Provisions)
Article 14. Goods or services not complying with the terms of the contract
(1) The goods do not comply with the terms of the contract if:
1) it does not meet the requirements laid down in laws, regulations or regulatory and technical documents, as well as the requirements normally required – it does not have the characteristics and performance normally associated with goods of the same type and which the consumer may reasonably expect, taking into account the nature of the goods;
2. it is not suitable for the purposes laid down in the regulatory technical documents or in the technical passport or, in the absence of such documents, for the purposes for which goods of the same name and description are normally used;
(3) it is not valid for the purposes for which the consumer has chosen the product and which the consumer has directly or indirectly communicated to the seller when entering into the contract, unless the seller could not have understood such special purposes at the time of sale and the consumer had no reasonable ground for relying on the seller’s competence and judgement;
4. it does not correspond to the characteristics or the composition of the goods as shown by the seller in the samples or models at the time of conclusion of the contract or when the offer was made;
5) it is not packaged, but packaging is necessary to protect the goods from damage or deterioration;
6. misleading, false, incomplete or unclear (illegible) information or no information at all has been provided about it, making it impossible to use the product for its intended purpose or causing or likely to cause danger to the consumer’s property, health, life or the environment;
7) it is fake.
(2) The service does not comply with the terms of the contract if:
1) the requirements of regulatory enactments or normative-technical documents have not been complied with in its provision, or it has other deficiencies;
2. misleading, false, incomplete or unclear (illegible) information or no information at all has been provided about it, making it impossible to use the service for its intended purpose or causing or likely to cause danger to the consumer’s property, health, life or environment.
(3) A good or service shall not be deemed not to be in conformity with the terms of the contract if, before the conclusion of the contract, the consumer has received a written warning that the good or service is of inadequate quality or that the inadequate quality is due to materials supplied by the consumer, unless the service provider, as a professional, should have known this and warned the consumer in writing.
(As amended by the Law of 22.11.2001, in force since 26.12.2001)
Article 28. Consumer’s rights if goods are sold or put into service which do not comply with the terms of the contract
(1) A consumer who has been sold or put into service a product which does not comply with the terms of a contract shall be entitled to require the manufacturer or seller to take one of the following actions:
1) reduce the price of the goods accordingly;
2. remedy the non-conformity of the goods with the terms of the contract or reimburse the consumer for the costs of remedying the non-conformity;
3. exchange the goods for the same or equivalent goods that would ensure compliance with the terms of the contract;
4. cancel the contract and refund the money paid for the goods.
(2) The goods shall be replaced or their non-conformity with the terms of the contract shall be remedied free of charge (including the costs of dispatch, labour, materials and other costs) and within a reasonable time, without inconvenience to the consumer and taking into account the nature of the goods and their intended use.
(3) If the non-conformity of the goods with the terms of the contract becomes apparent more than six months after the sale of the goods, the consumer shall be entitled:
1. in the first instance, require the manufacturer or seller to remedy the lack of conformity of the product without charge, or to reimburse the consumer for the costs of remedying the lack of conformity, or to exchange the product for the same or an equivalent product which would have brought the product into conformity with the contract (except where this is not possible);
2) where the manufacturer or seller cannot replace the goods or remedy the non-conformity of the goods within a reasonable time without causing inconvenience to the consumer, to request that the manufacturer or seller reduce the price of the goods or cancel the contract and refund the consumer the amount of money paid for the goods in proportion to the wear and tear of the goods as determined by an expert examination organised in accordance with the procedure laid down by the regulatory enactments.
(4) Where the non-conformity of the product with the terms of the contract is of minor importance and does not significantly affect the consumer’s ability to use the product, the consumer may not require the manufacturer or seller to cancel the contract and refund the amount paid for the product. Non-compliance of the goods with the provisions of the contract shall be deemed to be of minor importance if it is established in an expert examination organised in accordance with the procedure laid down by the laws and regulations that the non-compliance of the goods does not impair the quality of performance of the essential functions or the characteristics of use of the goods and can be remedied without causing visually detectable changes in the external appearance of the goods.
(5) If the incorrect or faulty installation of the goods has caused the non-conformity of the goods with the terms of the contract, but the goods have been installed by the seller or a third party in accordance with a contract concluded with the seller, as well as if the goods have been installed by the consumer in accordance with incorrect (inaccurate) or untranslated instructions for use in the national language, then the goods shall be deemed to be non-conforming and the consumer shall be entitled to require the seller to comply with the requirements provided for in this Article.
(6) The exercise of the rights referred to in paragraph (1) shall not exclude the right of the consumer to claim damages or payment of a penalty.
(7) Bulky goods which do not comply with the terms of the contract and goods weighing more than 10 kilograms shall be delivered by the manufacturer or seller at his own expense for examination, evaluation, rectification, exchange or cancellation of the contract. If the manufacturer or seller refuses to deliver the goods, the consumer has the right to deliver the goods himself or with the help of a third party, but at the manufacturer’s or seller’s expense.
(8) Where the consumer delivers the goods, the manufacturer or seller must, within three days of receipt of the document confirming the costs, reimburse the costs incurred by the consumer in delivering the goods.
(in the wording of the Law of 22.11.2001 as amended by the Law of 26.11.2009, in force since 24.12.2009)
Further information for consumers: http://www.likumi.lv/doc.php?id=23309
Consumer News: http://www.ptac.gov.lv/page/35