Purchase contract

Definitions

Sample
Limited liability company "Info Baltic"

DISTANCE PURCHASE TERMS/CONTRACT AT KHENERGY.EU ONLINE SHOP

Effective from: 01.07.2022.

DEFINITIONS

Terms - Distance Purchase Terms - the contract that determines the procedure for remote (distance) purchase and sale on the khenergy.eu website and at the same time determines the obligations and rights of the Seller and the Buyer, the terms of purchase and payment for the Goods and/or services offered by the Seller, the procedure for delivery and return of the Goods and/or services, the liability of the Parties, and regulates other matters related to the purchase and sale of the Goods and/or services.

KH Energy online shop - Seller's website (https://www.solarmaster.lv/shop/) for distance Transactions.

KH Energy warehouse - Seller's warehouse, address Ganību dambis 22 D, Riga, LV - 1046, the cheapest standard delivery method.

Cabinet Regulations - Cabinet of Ministers Regulation No.255 of 20 May 2014 "Regulations on Distance Contract", which shall apply if the Buyer as a Consumer purchases Goods from KH Energy online store.

Transaction - a contract between the Buyer and the Seller for the purchase of Goods and the provision of a Service (delivery service), concluded at a distance by means of distance communication.

Seller - Limited liability company "Info Baltic", registration No 50003783411, VAT registration No LV50003783411, registered office "Lielviksas", Tumes pagasts, Tukuma novads, LV-3139, warehouse address Ganību dambis 22 D, Riga, LV - 1046, telephone +371 22832699, e-mail: [email protected].

Buyer -18 years of age, a natural person or a natural person engaged in an economic activity or a legal person who enters into a Transaction for final consumption (i.e. without the right to resell the Goods and/or use them for other commercial purposes) on the basis of the Terms and who can provide the Seller with an Order Number at the time of receipt of the Goods and Services.

Parties - Buyer and Seller together.

Consumer - Buyer - a natural person who expresses a wish to purchase, acquires or is likely to purchase or use the Goods or Services for final consumption (i.e. without the right to resell and/or use the Goods for other commercial purposes) and for a purpose unrelated to his business or professional activity.

Prece - Goods offered for sale by the Seller on the SOLAR MASTER Online Shop Site at prices set by the Seller; the price of Goods on the SOLAR MASTER Online Shop Site may differ from the price of the same Goods if the Goods are included in an individual customer offer outside the SOLAR MASTER Online Shop Site.

Delivery service - a service which results in the transfer of the rights in the Goods [1] to the Buyer at the Buyer's own expense and which is offered by the Seller to the Buyer at mutually agreed prices determined by the Seller.

Order at - an offer made by the Buyer to purchase from the Seller Goods or Supply Services in an amount specified by the Buyer.

Cart - List of Goods selected for purchase on the SOLAR MASTER online shop website.

Order number - the number assigned to the Buyer's Order.

1. SUBJECT MATTER OF THE RULES

1.1 The Seller shall sell and the Buyer shall purchase the Goods and order the Delivery Services from the Seller at the prices set by the Seller on the SOLAR MASTER online shop. The range and quantity of Goods and Delivery Services shall be agreed individually by the Parties each time they are purchased/sold, leaving the Seller the right to set a minimum and/or maximum quantity of a particular Good per Order.

1.2 The Transaction (Contract) of the Parties shall be deemed to have been concluded when the Parties have confirmed the essential components of the Transaction - the Order (the Seller has confirmed the Goods or Goods), the Seller has received the purchase price for the Goods and the Order has been received. The transaction is concluded once the Buyer has placed the Order and paid for it in the manner set out in Section 4 hereof.

1.3 The Seller shall have the right to cancel the Transaction or any part thereof and refund to the Buyer the money paid for the Goods no later than within 3 (three) working days from the date of payment of the Order if the Seller determines within 24 hours (working days) of receipt of the Order that there has been an error on the SOLAR MASTER online shop and the Goods cannot be delivered to the Buyer.

1.4 Upon payment in accordance with Section 5 of the Conditions and delivery of the Goods to the Buyer, the Buyer shall be the owner of the Goods. Liability for the risk of accidental damage to or deterioration of the Goods shall pass to the Buyer upon receipt of the Goods by the Buyer or a third party nominated by the Buyer.

1.5 The Seller shall not be liable for any consequences that may arise to the Buyer if the Buyer has given his SOLAR MASTER online shop order number to a third party.

2. ORDERING BY PHONE AND/OR EMAIL

2.1 The Buyer may contact the Seller by telephone and/or email to request a quotation for the Goods named/emailed by the Buyer.

2.2 The Seller shall create an offer and send it to the Buyer's e-mail address or inform the Buyer of the offer by telephone and, upon confirmation from the Buyer (by e-mail or telephone), the Seller shall send to the Buyer's e-mail address an advance invoice (which shall not contain a "signature" and which shall be based on the concluded Transaction) for payment of the offer.

3. HOW TO PLACE AN ORDER ON THE SOLAR MASTER ONLINE SHOP

3.1 The Buyer - a natural person (including a sole trader) shall provide the Seller with his name, surname, address, telephone number and e-mail address;

3.2 The Buyer-legal entity shall submit to the Seller the name, surname, legal entity name (firm), address, telephone number and e-mail address of the representative.

3.3 It is possible to place an order once the Customer has read the Privacy Policy and the Terms and Conditions and has given consent to them and to the processing of data (by ticking the relevant box).

3.4 Upon completion of the Order, the SOLAR MASTER online shop will display the Order number, date and amount.

4. PROCEDURE FOR CONCLUDING THE TRANSACTION

4.1 The Transaction shall be deemed to have been concluded when:

4.1.1 The Customer has selected the Product(s) from the Goods offered on the SOLAR MASTER online shop and has opened the Basket section;

4.1.2. the Buyer has given consent to the processing of personal data;

4.1.3 The Buyer has acknowledged that it has read these Terms and the Privacy Policy;

4.1.4 The Customer has clicked on the PLACE ORDER button and the Order number, date and amount are displayed on the SOLAR MASTER online shop;

4.1.5 The Seller shall process the Order and contact the Buyer to clarify the delivery details and prepare an advance invoice for payment inclusive of the delivery costs and VAT applicable to the Goods.

4.2 As soon as the Order is ready for delivery or collection in the shop (handover to the Buyer), the Seller shall notify the Buyer thereof by contact, e-mail or SMS.

4.3 In the event that the Goods ordered by the Buyer are not available to the Seller in whole or in part, resulting in the Seller being unable to perform the Transaction in whole or in part, the Seller shall notify the Buyer thereof.

4.3.1.The Parties shall agree on further actions relating to the partial performance of the Transaction and its timing through the means of communication available to them;

4.3.2.The Seller shall promptly, but no later than within 3 (three) Business Days, repay all or part of the unfulfilled amount of the Transaction using the same payment method as the Buyer used to pay for the Transaction, unless the Buyer has expressly agreed otherwise.

Unless the Buyer has expressly agreed to the above method of payment, the amount of the Transaction or part thereof shall always be refunded to the same account from which it was paid.

5.

5.1 The Buyer placing an Order in the SOLAR MASTER Online Shop shall pay for the Goods in Euro (EUR) by bank transfer based on the advance invoice received.

5.2 In case of payment by bank transfer, the advance invoice received by e-mail must be paid within 5 (five) days of its dispatch.

5.2.1. the advance invoice (and the prices stated therein) shall be valid until the expiry of the payment period (or the offer period) specified therein.

5.2.2.When making payment by bank transfer, the Buyer must indicate the Order Number in the payment purpose section of the bank transfer. If the Order Number is not provided or is incorrectly provided, the Seller shall not be liable for the incorrect crediting of the payment.

5.3 The Buyer who places an Order by telephone or by e-mail shall pay for the Goods in euro (EUR) in one bank transfer based on the advance invoice received;

5.3.2. the method of payment acceptable to the Parties at the point of receipt of the Goods, based on the advance invoice received.

5.4 The Seller shall inform the Buyer of any costs associated with the performance of the Order which are payable by the Buyer and shall only perform the Order after receiving the Buyer's express consent to the payment of the costs.

5.5 Where the Buyer has a Post-Paid Purchase Agreement with the Seller, the Buyer shall pay for the Goods ordered upon receipt of the Goods and signature of the Bill of Lading within the period specified in the relevant Post-Paid Purchase Agreement.

6. TYPES OF DELIVERY SERVICE

6.1 The Buyer shall be free to choose the Delivery Service required:

6.1.1.Collection of the Goods by the Buyer upon arrival at the selected SOLAR MASTER warehouse (the cheapest standard delivery method);

6.1.2. a Delivery Service where the Seller provides for the delivery (removal) of the Goods to a delivery point specified by the Buyer;

6.1.3.Delivery Service, whereby the Seller provides the delivery (removal) of the Goods to the place of delivery specified by the Buyer, with or without an additional unloading and/or loading service.

6.2 If the Buyer has chosen to collect the Goods from SOLAR MASTER's warehouse itself, then in order to collect the paid for Goods the Buyer must attend SOLAR MASTER's warehouse within 5 (five) working days of receipt of confirmation that the Order is complete and ready for issue.

6.3 In the case referred to in clause 6.2 of the Conditions, the Buyer shall, before collecting the Goods at SOLAR MASTER's warehouse (clause 6.2 of the Conditions), quote/display the Order Number to the Seller.

6.4 If the Goods have not been received within the time specified in Clause 6.2, the Seller shall contact the Buyer to clarify the date of receipt of the Goods.

6.5 In the event of non-acceptance of the Goods, the Transaction shall be deemed to be cancelled as from the 16th day (calculated from the date of dispatch of confirmation that the Order has been completed and is ready for delivery (clause 6.2)) and the Seller shall pay the monies paid by the Buyer using the same method of payment as the Buyer used for the original Transaction, unless the Buyer has expressly agreed otherwise.

6.6 If the Buyer has chosen to receive the Goods by delivery to the address specified by the Buyer, delivery shall be effected upon receipt of confirmation that the Order is ready for delivery.

6.7 Upon receipt of the Goods, the Buyer shall inspect the packaging, quantity, quality (visible damage), assortment, accessories and assembly of the Goods:

6.7.1.in the event of any damage to the packaging of the Goods, or any discrepancy(s) in the quantity, quality, assortment, accessories or assembly of the Goods, the Buyer shall have the right not to accept the Goods. In this case, an Act of non-acceptance shall be signed;

6.7.2.upon acceptance of the Goods, the Buyer shall sign the delivery note, thereby confirming that the Goods have been delivered in the appropriate packaging, the quantity, quality, assortment, accessories and assembly of the Goods comply with the Order and the terms of the Transaction.

6.8 In the event that the Seller has delivered the Goods within the time specified by the Parties but the Buyer refuses to accept the Goods or is not present at the place of delivery, then re-delivery of the Goods shall be possible only after payment for the Delivery Service has been made.

7. QUALITY OF THE GOODS

7.1 The Seller confirms that the quality of the Goods complies with the requirements of the laws and regulations of the Republic of Latvia.

7.2 The Consumer shall have the right to submit a claim to the Seller for non-conformity of the Goods or the Supply Service with the terms of the Transaction within two years from the date of purchase of the Goods or receipt of the Supply Service. The Consumer shall submit the claim to the Seller within two months from the date of discovering the non-conformity of the Goods or Supply Service with the terms of the Transaction. The date of purchase of the Goods shall be the date on which the Seller has handed over and the Consumer has accepted the Goods (clause 6.7.2).

8. CONSUMER'S RIGHT OF WITHDRAWAL

8.1 The Buyer as a Consumer has the right to withdraw from the concluded Transaction within 14 (fourteen) days from the date of delivery (receipt) of the Goods, except in the cases specified in the Cabinet Regulations.

8.2. the number of periods for exercising the right of withdrawal:

8.2.1. if the Goods are purchased, from the date on which the Consumer or a third party, other than the carrier, designated by the Consumer, has taken possession of the Goods;

8.2.2. if the Consumer has ordered several Goods in one order which are delivered separately, from the date on which the Consumer or a third party, other than the carrier, indicated by the Consumer, has taken possession of the last Good;

8.2.3. in the case of delivery of Goods consisting of several lots or parts, from the date on which the Consumer or a third party other than the carrier and designated by the Consumer has taken possession of the last lot or part.

8.3 The Buyer, as a Consumer, shall notify the Seller of the cancellation of the Transaction by submitting the Cancellation Form to the Seller together with a copy of the Transaction's accounting supporting document:

8.3.1. by sending an e-mail to the Seller's e-mail address [email protected], if signed with a secure electronic signature; or

8.3.2.by sending to the Seller's registered office or

8.3.3. by delivery to the SOLAR MASTER warehouse;

8.3.4. If the Consumer has exercised this option, the Seller shall promptly send the Consumer an acknowledgement of receipt of such refusal to the e-mail address provided by the Consumer.

8.4 The Consumer shall deliver the Goods to the Seller at SOLAR MASTER's warehouse no later than 14 (fourteen) days from the date of receipt of the Goods. The time limit shall be deemed to have been met if the Goods have been dispatched (handed over to the delivery or postal service provider) by the Consumer within 14 (fourteen) days of receipt of the Goods.

8.5 The Consumer, cancelling the Transaction, shall bear the direct costs of returning the Goods in accordance with Paragraph 19 of the Cabinet Regulations.

8.6 In accordance with the Cabinet Regulations, the Consumer cannot exercise the right of withdrawal if:

8.6.1.The Goods are made to the Consumer's specifications or the Goods are clearly personalised;

8.6.2.The Goods are perishable or about to expire;

8.6.3.The Consumer has opened the packaging of the Goods which cannot be returned for health and hygiene reasons;

8.6.4.The goods are irretrievably mixed with other goods due to their characteristics after delivery;

8.6.5.The Consumer has requested the Seller to attend and carry out urgent repairs or maintenance work. If the Seller, on arrival at the Consumer's premises, provides an additional service or supplies goods other than the necessary spare parts to carry out the repair or maintenance work, the right of withdrawal shall apply to those additional services or goods;

8.7 The Consumer shall be liable for depreciation of the Goods if the Goods are used for any purpose other than ascertaining the nature, characteristics and performance of the Goods.

9. EXCHANGE AND/OR RETURN OF GOODS

9.1 Goods will be exchanged and/or returned to SOLAR MASTER's warehouse.

9.2 A Consumer who has returned Goods shall be refunded all monies paid for the Goods, but the cost of delivery of the Goods shall not be refunded. Upon receipt of the Goods and upon assessment of their quality, the Seller shall refund the price for the Goods no later than 14 (fourteen) days from the date on which the Seller was informed of the Consumer's decision to withdraw from the Transaction. The refund will be made using the same payment method as the Consumer used for the original Transaction, unless the Consumer has expressly agreed otherwise. If the Consumer has not expressly consented to the above method of payment, the amount of the Transaction or part thereof will always be refunded to the same account from which it was deposited.

9.2.1 The Seller may withhold repayment until the Goods have been received back or the Buyer has provided proof that the Goods have been returned, whichever is the earlier.

9.3 The Goods to be returned must be undamaged, must not have lost their appearance (undamaged labels, protective films, etc.) and must not have been used. The returned Goods must be in their original packaging (with instructions and warranty card, if they were supplied with the Goods) in the same condition in which the Buyer purchased them.

9.4 When returning the Goods, the original of the relevant delivery note, cheque or receipt must be provided.

9.5 Legal entities and natural persons engaged in economic activity are not subject to Cabinet of Ministers Regulation No.255 "Regulations on Distance Contract" and have no right of withdrawal.

9.6.The Buyers - legal entities or natural persons carrying out economic activity shall have the right to return the Goods to the Seller within 14 (fourteen) days from the date of delivery (receipt) of the Goods if they do not comply with the information provided by the Seller about the Goods or if hidden defects are revealed.

10. WARRANTY AND AFTER-SALES ASSISTANCE

10.1 If the Consumer, within 2 years from the date of delivery (receipt) of the Goods, discovers a defect in the Goods resulting from use of the Goods in accordance with the Terms of Use and for the purpose for which the Goods are to be used, the Consumer shall have the right to apply to the Seller to have the defect assessed and rectified in the following manner:

10.1.1 The Customer shall complete the Seller's Application for Damage to Goods and send it together with a copy of the Goods' delivery note, cheque or receipt to the e-mail or postal address specified in SOLAR MASTER's contact details;

10.1.2. upon receipt of the information specified in clause 10.1.1, the Seller shall contact the Consumer within 7 (seven) working days and specify the damage to the Goods, the Seller shall provide remote consultations on the Goods, if necessary the Seller shall visit the Buyer or the Buyer shall deliver the damaged Goods to SOLAR MASTER warehouse to inspect the damage to the Goods;

10.1.3. after inspection of the defective Goods and, if necessary, contact with the manufacturer of the Goods, the Parties agree on the remedy of the defective Goods - replacement of the Goods with new Goods of the same type, repair of the Goods or return of the amount paid for the Goods to the Consumer.

10.2 The goods offered in the SOLAR MASTER online shop are subject to the manufacturer's warranty, if offered by the manufacturer. The warranty period and other terms are specified in the description of the goods or in the warranty documents accompanying the goods.

10.3 The Buyers may obtain the Seller's assistance in rectifying a defect in the Goods or the Goods' manufacturer's warranty if the Goods have been used in accordance with their intended use and the defect in the Goods has been caused by the intended use of the Goods in accordance with the terms of use, instructions and information on the warranty card.

10.4 The Buyer is responsible for the proper use and enjoyment of the Goods and if, after inspection of the defective Goods, the defective Goods are found to have been caused by misuse of the Goods or any other external condition affecting the quality of the Goods, the Buyer will not be entitled to the Seller's assistance in rectifying the defect and the Seller will not be entitled to the manufacturer's warranty.

11. FORCE MAJEURE

11.1 A Party that is unable to perform its obligations in whole or in part due to Force Majeure beyond the control of the Parties shall notify the other Party within 5 (five) Business Days and shall prove to the other Party that Force Majeure has occurred and all reasonable steps have been taken to perform the Transaction.

11.2 In the event of Force Majeure lasting more than 3 (three) months, either Party shall have the right to unilaterally terminate the Transaction without indemnifying the other Party for any loss incurred.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1 All matters not provided for in the Terms and Conditions and/or not discussed at the time of conclusion of the Transaction shall be resolved by the Parties in accordance with the laws and regulations of the Republic of Latvia.

12.2 All disputes and disagreements between the Seller and the Consumer regarding the performance and/or execution of the Transaction, as well as all questions regarding the existence, validity or termination of the Transaction and/or the quality or other defects of the goods, shall be settled by the Parties in accordance with the procedures set out in the Cabinet Regulations and/or the Consumer Rights Protection Act.

12.2.1 A Consumer who believes that the Seller has violated his/her rights or legitimate interests in connection with the performance of a Transaction (Distance Consumer Contract) must first contact the Seller in writing (using the contact details set out in the preamble to these Terms and Conditions) and state his/her claims.

12.2.2. the Consumer shall be entitled to use the out-of-court dispute resolution option: ptac.gov.lv/en/content/stridu-risinasanas-process, ptac.gov.lv/en/content/ārpustiesas-pateretaju-risinataju-datubaze.

12.2.3 The consumer is also entitled to lodge a complaint via the online dispute resolution service: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

12.2.4. if the Consumer disagrees with the decision of the Seller, he/she may apply to the Consumer Rights Protection Centre in accordance with the procedure established by the Consumer Rights Protection Law.

12.3 All disputes and disagreements between the Seller and the Buyer-legal person concerning the performance and/or realisation of the Transaction, as well as all questions concerning the existence, validity or termination of the Transaction and/or the quality or other defects of the Goods shall be settled by negotiation. If the Parties are unable to resolve their differences by negotiation, the relevant dispute shall be brought before the courts of the Republic of Latvia in accordance with the laws and regulations of the Republic of Latvia.

12.4 In the event of any disagreement, the Terms and Conditions in force at the time of the Transaction shall prevail.

12.5 If any provision of these Terms is held to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

13. PROTECTION OF PERSONAL DATA

13.1 SOLAR MASTER online shop only stores the personal data of the Customer submitted during registration.

13.2 The Parties undertake to process the personal data collected during the execution of the Transaction only for the purposes of the Transaction. When processing personal data, the Parties shall comply with the requirements of the legislation of the Republic of Latvia. When processing personal data, the Parties shall not be entitled to transfer such data outside the European Union or the European Economic Area.

13.3 The Seller's Privacy Policy is available to the Buyer at https://www.solarmaster.lv/privatuma-politika/.

14. FINAL PROVISIONS

14.1 By entering into a Transaction, the Buyer confirms that it has read and agrees to the Terms.

14.2 The Seller reserves the right to unilaterally:

14.2.1. change the Terms and Conditions without separately informing the Buyer of such change. The Transaction shall be governed by the Terms and Conditions in force at the time of the Transaction;

14.2.2. terminate the Transaction and refuse further cooperation/further Transactions and/or Orders if the Buyer fails to comply with these Terms.

14.3 The Seller shall not be liable for any loss which the Buyer may suffer as a result of a breach of these Conditions.

14.4 All notices, letters and other documents shall be sent by registered post to each other at the addresses provided by the Parties and shall be deemed to have been given on the 7th day after posting, or by electronic signature to the e-mail addresses provided by the Parties and shall be deemed to have been given on the 2nd working day after posting. If a Party changes its address, other details or representatives, it shall notify the other Party within 2 (two) working days.

14.5 The images of the Goods on the SOLAR MASTER Online Shop are for illustrative purposes only. The Seller cannot guarantee that the screen of the Buyer's device will accurately reflect the colours of the Goods. The Buyer understands that the Goods may differ materially from their images.

[1] According to Article 1(12) of the Value Added Tax Law, the supply of goods is a transaction consisting in the transfer of ownership of an object to another person for the purpose of disposing of the object [...]; According to Article 14(1) of COUNCIL DIRECTIVE 2006/112/EC of 28 November 2006 on the common system of value added tax, the supply of goods is the transfer of the right to dispose of tangible property as owner.

[2] According to the Value Added Tax Law of the Republic of Latvia.

[3] According to the Value Added Tax Law of the Republic of Latvia.
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