Distance Purchase Contract
ATTENTION!
By ticking, you acknowledge that you have read and agree to the terms and conditions of this Distance Purchase Contract.
The distance purchase contract is concluded between the parties:
Seller: owner of the online shop E-shop –Public Limited Company Latvenergo Registration No. 40003032949, registered address: Pulkveža Brieža iela 12, Riga, LV-1230
and the Buyer, who places an order and makes a purchase in the online shop, E-shop.
Terms used:
Right of Withdrawal – the Consumer’s right to withdraw from the Contract within the deadline in accordance with the procedure provided for in this Contract without giving any reasons;
Withdrawal Form – a standard form, which can be completed to exercise the right of withdrawal;
Authentication – an electronic process that enables the electronic identification of a user;
Digital content – data that have been created and delivered in digital format;
Digital Service – a service that enables the Buyer to prepare, process and store data or access such in digital form, or a service that enables sharing or other types of digital interaction with data uploaded or created by the Buyer or other users of the above service;
Distance Purchase Contract (hereinafter also the Contract) – a distance contract entered into by and between the Seller and the Buyer for the purchase of the Products or delivery of Services, which defines the rights, obligations, and liability of the parties;
Electronic Identification – the process of using a person’s electronic identification data that uniquely confirms the identity of a natural or legal person, or the identity of a natural person representing a legal person;
E-shop – the website maintained by the Seller for the sale of Products and Services https://elektrumveikals.lv/, where the Buyer may purchase the Products and Services;
Monthly Invoice – an invoice issued in accordance with the Payment Schedule that the Seller sends every month to the e-mail address specified by the Buyer or their postal address;
Coupon Code – a unique combination of letters and numbers;
Coupon – information provided to the Buyer in printed form, by e-mail or SMS about the discount for the Product, the Service or the amount of the Shopping Cart in the E-shop, which the Buyer can receive using the unique code indicated in the Coupon;
User Account – a personalised website in a specific information system that is only accessible to the specific user or user-defined group;
Payment Schedule – an additional agreement between the Buyer and the Seller for the purchase of the Products and/or Services with interest-free payment in arrears, which is an integral part of this Contract;
Services – services offered for purchase in the e-shop;
Order – a Shopping Cart prepared by the Buyer and sent to the Seller, on the basis of which the Seller issues an Advance Payment Invoice to the Buyer;
Consumer – a natural person who expresses a wish to purchase, acquire or could acquire or use the Product and/or Service for a purpose not related to its economic or professional activity;
Buyer – a natural person or a legal entity that uses the portal and makes or potentially could make a purchase of Products and/or Services via the E-shop. The Buyer can be both a Consumer and a person who is not a Consumer;
Shopping Cart (My cart) – the Products and/or Services selected by the Buyer in the E-shop that the Buyer intends to buy;
Terms and Conditions of the Portal – terms and conditions of the website maintained by the Seller for the sale of Products and Services https://elektrumveikals.lv/, which are an integral part of the Contract;
Products – the Products offered for purchase in the E-shop, including Products with digital elements;
Product with Digital Elements – a Product that cannot be used without certain Digital Content or Digital Services and is sold with Digital Software installed on it or with support of Digital Services;
Parties – the Buyer and the Seller;
VAT – value-added tax applicable at the relevant time to the price of Products or Services at the rate specified in the regulatory enactments of the Republic of Latvia;
Registration Form – the standard form of the E-shop, that the user fills out when registering with the E-shop and creating a User Account;
Registered User – a person who uses a secure method of authorisation and provides data about themselves by filling out the E-shop registration form or uses Internet banking as a method of authentication;
Invoice – an invoice prepared electronically by the Seller and sent to the e-mail address of the Buyer, which confirms the reservation of the Product until payment (if the Buyer performs prepayment for the Product) or until the beginning of delivery of the Products (if the Buyer chooses interest-free payment in arrears);
Invoice-Waybill – an invoice prepared electronically by the Seller and sent to the e-mail address of the Buyer, which confirms the reservation of the Products until payment (if the Buyer performs prepayment for the Product) or until the beginning of delivery of the Product (if the Buyer chooses interest-free payment in arrears), the printed form of which is attached to the Product at the time of delivery.
1. General provisions
1.1. The Terms and Conditions shall determine the legal relationship, including obligations and liabilities, between the Seller and the Buyer. In addition to these terms and conditions, the legal relations of the Parties shall be governed by the effective regulatory enactments of the Republic of Latvia.
1.2. The provisions of Parts 8 and 11 of the Contract shall not apply to the relationship between the Parties if the Buyer is not a Consumer.
1.3. The Buyer has the right to choose and purchase the Products and/or Services in the E-shop both as a Registered User and as an unregistered user.
1.4. By registering in the E-shop and/or agreeing to the terms of the Contract, the Buyer simultaneously confirms that he/she has the right or appropriate authorisation to conclude the transaction.
1.5. The Contract and amendments thereof shall enter into force at the moment when the Buyer places and confirms an Order, and the Seller has received the Order placed by the Buyer and sent the Order confirmation to the Buyer’s e-mail address. Ownership of the Product passes to the Buyer upon the receipt of the Product and the Invoice.
1.6. The Buyer is not entitled to order Products and/or Services in the E-shop if he/she has not read the Contract or does not agree to the terms and conditions of the Contract. If the Buyer places and confirms an Order, it is considered that the Buyer has read the Contract and undertakes to comply with it.
1.7. The Contract with its annexes is duly concluded if the Buyer confirms it electronically when placing the Order.
1.8. The Seller is entitled to unilaterally amend and supplement the terms and conditions of the Contract at any time without prior notice. Amendments to the terms and conditions of the Contract shall enter into force upon their publication on the website https://elektrumveikals.lv and shall apply to Orders placed by the Buyer after the respective amendments to the terms and conditions of the Contract have taken effect. When the Buyer makes a purchase in the E-shop, the provisions of the Contract that are valid on the day of ordering the Products and/or Services apply; therefore, the Buyer must get acquainted with the Contract each time the Order is placed.
1.9. The Buyer may view the latest version of the terms and conditions of the Contract on the www.elektrum.lv website. Whenever the Product and/or Service is ordered, the version of the terms and conditions of the Contract that is effective at the particular moment shall apply to the conclusion of the Contract between the Seller and the Buyer. The version of the terms and conditions of the Contract that was valid at the time when the Order of the Buyer was placed and sent to the Buyer with the Order Confirmation, shall apply to Orders placed and not completed before the new terms and conditions of the Contract enter into force. The Buyer can access information on placed Orders in the Registered User account or by making a respective request to the Seller.
1.10. The Seller has the right to restrict the Buyer’s e-shop offers without notice or cancel the Buyer’s registration if the Buyer uses the E-shop in violation of the E-shop terms of use or the terms and conditions of the Contract, or attempts to harm the E-shop stability or security.
1.11. The Seller, by posting a relevant notice in the E-shop, is entitled to terminate the operation of the E-shop temporarily or permanently without notifying the Buyer in advance and executing Orders received before the relevant notice is posted.
2. Registration and processing of personal data
2.1. The Buyer is responsible for the accuracy of the data provided in the Registration Form (for unregistered Buyers – delivery information). If the details of the Buyer change, the Buyer shall be obliged to update them prior to placing an Order and/or until the Buyer has made payment for the purchase of the Products and/or Services on the basis of interest-free payment in arrears.
2.2. When registering or placing an Order, the Buyer must make sure that the e-mail address they provide is valid and correct, accessible to themselves and that the receipt of e-mails to this address is possible.
2.3. A Registered User has the right to freely change and supplement their data on the registered profile at any time without additional coordination with the Seller.
2.4. The Registered User assumes responsibility for keeping the means of authentication, including the password in a safe manner and place, inaccessible to third parties, and undertakes not to disclose it to third parties. The Registered User is responsible for any action (data changes, Product and/or Service orders, etc.) that is performed in the E-shop with his/her user data. Any person who enters the E-shop and places an Order using the access data of a Registered User is considered by the Seller to be the Registered User.
2.5. By registering in the Elektrum portal, the Registered User can choose to apply for or opt out of commercial communications. A Registered User may change their pre-confirmed wish regarding commercial communications at any time by making the respective amendments in the Elektrum portal and/or sending the relevant notification to the e-mail address of the Seller: elektrumveikals@elektrum.lv.
2.6. The Buyer is obliged to get acquainted with the terms and conditions of the Elektrum portal and the terms and conditions of the Contract before placing an Order. By confirming an Order, the Buyer confirms that he/she has read the terms and conditions of the Elektrum portal, the Contract and its annexes, has understood them and undertakes to comply with them.
2.7. If the Buyer, when registering or placing an Order in accordance with the authorisation granted to him/her by a third party, indicates the data of this third party, he/she simultaneously assumes responsibility for the accuracy of the information and undertakes to provide this third party with information about the personal data processing by the Seller for the provision of the service.
2.8. The Seller, as the controller of data, processes the personal data provided by the Buyer (incl., unregistered user) for the purpose of fulfilling the obligations specified in the Contract, i.e., to ensure the fulfilment of the transaction, to sell and deliver the Products, to install the Products, to provide Services, to issue accounting documents, to repay money for the Products returned by the Buyer and Services not provided, to administer debt liabilities and to perform other obligations arising from this Contract, as well as to provide quality services to the Buyers and ensure the exercise of claim rights. Along with the Terms and Conditions of this Contract, the Seller shall process personal data in accordance with the Principles of Customer Personal Data Processing.
2.9. At the initiative of the Buyer, the exchange of information (including the exchange of information containing personal data) may take place through means of distance communication selected by the Buyer and available to the Seller such as online communication channels, the online chat room of the Seller or through a virtual assistant, etc.
2.10. The Seller shall be entitled to record telephone conversations between the Buyer and the Seller and other oral/written communications in order to substantiate and prove the facts of the conclusion, performance and processing of the Contract for the protection of the Parties’ legitimate interests, including for the purpose of quality improvement and proof of communication.
2.11. The Seller is entitled to transfer the personal data of the Buyer to other service providers if it is necessary for the fulfilment of obligations arising from the Contract, for example, to the supplier of the Products, the installer of the Products, providers of Services, as well as third parties, if these persons have a legal basis for obtaining the personal data of the Buyer from the Seller.
2.12. If a surety agreement is concluded for the fulfilment of the obligations under the Contract, then the Seller has the right to transfer the personal data of the Buyer, including information on the obligations, to the guarantor.
2.13. When processing personal data, the Seller will take appropriate organisational and technical measures to ensure the protection of personal data and the security of processing.
2.14. A natural person shall be entitled to exercise their rights of a data subject in accordance with the rights of a data subject defined in the laws and regulations on the protection of personal data, which includes revocation of the consent they have given, access to their own personal data, performance of corrections or deletion thereof, as well as requesting the Seller to take the aforementioned actions or restrict processing, raising objections to processing and exercising the right to the portability of data by sending a written request in accordance with the Procedure for the Submission of a Request Regarding Personal Data. A natural person shall be entitled to lodge a complaint with the Seller and the Data State Inspectorate in Elijas iela 17, Riga, pasts@dvi.gov.lv, if the individual considers that their personal data protection rights have been violated.
2.15. If the Buyer refuses to provide the Seller with certain information, or requests the suspension, erasure and/or restriction of personal data processing, and such processing and the Buyer’s personal data are essential for the performance of the Contract, the Seller is entitled to refuse the transaction, restrict the offered Service and/or cancel the Order.
3. Product and Service prices and characteristics
3.1. The description, specification and prices of the Products and Services are indicated in the E-shop in the selection window of each respective Product and Service.
3.2. The prices of the Products and Services in the E-shop are indicated in euros with the valid VAT rate. The Products and Services are sold to the Buyer at the prices that are valid in the E-shop at the time of placing the Order.
3.3. Product and Service range and prices are subject to change without notice. The changes shall take effect from the moment they are published on the website https://elektrumveikals.lv, and they apply to Orders for Products and Services placed after the changes have been posted on the website.
3.4. The Seller is not responsible for the Buyer’s decision to purchase the Products based on the images in the E-shop. Product images are for informational purposes only.
3.5. The potential methods and costs of the receipt of the Product are indicated in the Delivery section of the E-shop and are also displayed to the Buyer once the Buyer has created the Shopping Cart and entered the delivery address. The Seller shall indicate the costs of delivery in the invoice if these costs are not included in the price of the Product.
4. Placement and execution of Orders
4.1. The Buyer can shop in the E-shop by registering as a Registered User or without registering. A Buyer who is not a Registered User may not purchase the Products and/or Services using interest-free payment in arrears. In this case, the Buyer shall pay the price of the ordered Products and/or Services in full within the term specified in the Invoice-Waybill or Invoice.
4.2. The Buyer selects the Product or Service, fills in the application and places the Order by using the “Add to Cart” menu.
4.3. In cases where the Buyer needs to find an individual solution before purchasing the Product and/or Service, the Buyer consults with the Seller. After the consultation, the representative of the Seller shall send a “Shopping Cart” to the e-mail address specified by the Buyer, prepared with the Products and/or Services corresponding to the individual technical solution and offered by the Seller for evaluation by the Buyer.
4.4. The Order is considered binding on the Buyer and the Seller from the moment when the Buyer has placed the Order and has received confirmation from the Seller by e-mail. The Buyer may save the Order and its receipt confirmation on a permanent data carrier or print it out. Acceptance of the Order includes the Buyer’s obligation to pay for the Order.
4.5. The Seller takes care to ensure that any Buyer’s Order is fulfilled in full; however, the Seller cannot guarantee this.
4.6. The Seller has the right to refuse to sell the Products and/or Services ordered in the E-shop by informing the Buyer if:
4.6.1. the Products are not available in the Seller’s warehouse at all, or are not available in the quantity according to the Order;
4.6.2. the price and parameters of the Product or Service do not correspond to the actual information about the Product or Service due to a technical error in the system;
4.6.3. the Buyer has not read the terms and conditions of the Contract.
4.7. The Buyer is obliged to check the information and data specified in the Order. In the case of discrepancies in the information and/or data, the Buyer shall inform the Seller via the Elektrum customer service email address: elektrumveikals@elektrum.lv or other means of communication specified in the Contacts section.
4.8. The Seller shall be entitled to cancel a confirmed Order by notifying the Buyer thereof. In such an event, the Seller shall reimburse the Buyer for the sum paid by the Buyer in accordance with the Invoice-Waybill or Invoice if the Buyer has made the payment and the respective amount has been credited to the Seller’s account.
5. Settlement procedure
5.1. Payment for the purchase is possible by one of the following payment methods, by non-cash transfer:
5.1.1. by using a Maestro, Visa and/or MasterCard payment card;
5.1.2. by using a bank transfer to pay the Invoice sent electronically by the Seller or the Invoice-Waybill, Invoice or Monthly Invoice issued in accordance with the Payment Schedule.
5.2. The Buyer must pay for the ordered Products and/or Services no later than within 3 (three) working days from the receipt of the Order confirmation and the Invoice-Waybill or Invoice. If the Buyer does not pay the Invoice-Waybill or Invoice within 3 (three) business days, a reminder is automatically sent to the e-mail address specified in the User Account.
5.3. When paying by transfer, it is mandatory to indicate the Order number, which is indicated in the Invoice-Waybill or Invoice.
5.4. The payments specified in the Contract shall be deemed made from the moment when the Seller has received the amount indicated in the Invoice-Waybill/Invoice/Monthly Invoice in its current account with a credit institution.
5.5. The Seller is entitled to unilaterally, and without notifying the Buyer, cancel an Order and cancel a reservation of the Products and/or Services if the Buyer’s payment for the Products and/or Services has not been received within 5 (five) working days after sending the reminder referred to in Section 5.2.
6. Delivery and receipt of the Products
6.1. Delivery is possible throughout the territory of the Republic of Latvia, except for the Products regarding which self-collection is indicated as the method of receipt. In the Order, the Buyer shall provide complete and accurate information about the place of Product delivery. If the price of the Product includes the installation of the Product, then delivery and installation of the Product is only possible in the territory of the Republic of Latvia
6.2. Before the conclusion of the Contract, the Buyer shall be informed of the method of receipt and/or the time of delivery of the specific Product. The Buyer may be additionally informed of the exact delivery date and time interval to the e-mail address and/or telephone number indicated by the Buyer.
6.3. The Seller shall deliver the Products to the Buyer within 3 (three) to 14 (fourteen) business days in accordance with the deadlines specified in the description of the particular product. The Delivery Terms shall not apply in the event where the Seller does not have the Products in stock and the Buyer is notified of the non-availability of the Products ordered by them. In exceptional cases, the delivery of the Products may be delayed due to unforeseen circumstances beyond the control of the Seller. In this event, the Seller undertakes to contact the Buyer immediately and agree on the delivery date and other terms. The Seller shall not be liable for a delay in the delivery of the Products if the Products are not delivered to the Buyer, or are not delivered on time due to the fault of the Buyer or due to circumstances controlled by the Buyer.
6.4. The Buyer is obliged to be reachable for communication via the mobile phone and/or e-mail specified in the Order in order to agree with the Supplier (courier) or installer of the Products on the conditions and place of delivery and/or installation within the specified time for execution of the Order.
6.5. If the Products are delivered by courier:
6.5.1. From the moment when the Products are handed over to the supplier of the Products (courier), the provider of the respective service is responsible for the safety of the Products and compliance with the delivery terms. The Buyer is aware of the fact that in exceptional cases, the delivery of the Products may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller or courier shall immediately contact the Buyer and agree on another possible delivery time;
6.5.2. Upon the delivery of the Products to the Buyer, an invoice, a withdrawal form and technical and quality documentation of the Products shall be issued together with the Products;
6.5.3. Delivery of the Product and the Order are considered fulfilled if the Products have been delivered to the Buyer with the invoice or acceptance and delivery certificate within the term specified in the Contract.
6.6. If the Product is delivered to a parcel machine:
6.6.1. the Seller shall send an electronically prepared invoice-waybill, a withdrawal form and all technical and quality documentation of the Product to the parcel machine chosen by the Buyer together with the Product;
6.6.2. delivery shall be deemed made in accordance with the Order and the Order shall be deemed fulfilled at the moment when the Buyer removes the Product from the parcel machine, using the received notification in the form of a text message and/or e-mail about the delivery of the Product to the parcel machine and door opening code;
6.6.3. the Buyer receives the Product within the term specified by the parcel machine service provider. The parcel machine service provider is responsible for ensuring delivery to the parcel machine;
6.6.4. the Buyer is responsible for ensuring that the information sent for the opening of the parcel machine does not become available to third parties, as well as for all actions and legal consequences that occur when using the information sent to the Buyer for opening the parcel machine.
6.7. The Products are not sent again and the Seller is entitled to unilaterally terminate the Contract by refunding the Buyer for the Products in the case where the delivery of the Products is not possible due to the fault of the Buyer or circumstances beyond the Seller’s control, for example, the Buyer has provided an incorrect address, the Buyer cannot be met at the specified address, the Buyer cannot be contacted, the specified address cannot be accessed, the Buyer does not accept the Products within the specified deadlines or any additional deadline that is appropriate in such circumstances, which the Supplier of the Products (courier) has agreed on with the Buyer, etc.
6.8. In the cases indicated in Section 6.7 of the Contract, the money for the Products shall be refunded to the Buyer’s account, from which the payment was made, within 30 (thirty) days. Shipping costs are non-refundable. A refund will be made by using the same means of payment as was used by the Buyer for the initial transaction unless the Buyer has expressly agreed otherwise.
6.9. If upon the receipt of the Products, the Buyer finds that the shipment does not contain the appropriate quantity of Products, the delivered Products do not correspond to the Order or the packaging has obvious defects, and it is not indicated in the delivery document, the Buyer shall inform the Seller thereof immediately, but no later than within 2 (two) working days by sending a relevant message to the Seller’s e-mail address specified in the contacts section: elektrumveikals@elektrum.lv or by calling 8400.
6.10. If the method of receipt of the Products (for instance, solar panels) is self-collection:
6.10.1. The Buyer may receive the Products for self-collection free of charge at the Point of Product Issue of the Buyer, which is located at Granīta iela 31, Acone, Salaspils Municipality.
6.10.2. When the Products are ready for collection at the Point of Product Issue of the Seller, the Buyer shall receive a notification from the Seller to the email address or telephone number indicated by the Buyer.
6.10.3. The Seller shall ensure the issue of the Products to the Buyer during the business hours of the Seller from 8:00 to 12:00 and from 12:30 to 15:00.
6.10.4. Upon arrival to collect the Products, the Buyer must demonstrate a valid personal identity document (ID card or passport), order information and/or confirmation sent electronically by the Seller to the Buyer. A representative of a legal entity must demonstrate proof of identity and a valid power of attorney issued by the respective legal entity (if applicable) before collecting an Order. If the Buyer fails to demonstrate the aforementioned documents, the Seller shall have the right to refuse to deliver the Products to the Buyer.
6.10.5. The Buyer shall receive the ordered Products at the Point of Product Issue no later than within 5 (five) days after the Seller has informed the Buyer by electronic means of communication or by phone that the Products are ready for collection. After the receipt of the ordered Products by the Buyer, the Products shall be deemed to have been handed over (delivered) to the Buyer.
6.10.6. If the Buyer fails to receive the ordered Products within the time period specified in Section 6.10.5 of the Contract, the Seller shall be entitled to cancel the Order and unilaterally terminate the Contract. The money that the Buyer has paid for the Products shall be refunded by the Seller to the Buyer’s account, from which the payment was made, within 30 (thirty) days.
7. Provision and receipt of the Service
7.1. The services are available throughout the territory of the Republic of Latvia. In the Order, the Buyer shall provide complete and accurate information about the place of receipt of the Service.
7.2. The Seller shall perform the Service within 7 (seven) to 90 (ninety) calendar days, in accordance with the deadlines specified in the particular Service Description. In exceptional cases the delivery of the Service may be delayed due to unforeseen circumstances that are beyond the control of the Seller. In this event, the Seller undertakes to contact the Buyer immediately and agree on the deadline for service provision and other terms. The Seller shall not be liable for any delay in the performance of the Service if the performance of the Service is delayed due to the fault of the Buyer or due to circumstances within the control of the Buyer.
7.3. The Buyer shall be obliged to:
7.3.1. be available for communication via the phone and/or e-mail specified in the Order in order to agree with the Seller’s representative on the time of receiving the Service;
7.3.2. provide the Seller’s representative with access to the place of receipt of the Service;
7.3.3. receive the consent of the real estate owner for the performance of the Service (for example, for the installation of the Product) and, if applicable, to receive and present to the Seller’s representative the necessary approvals with the Construction Board or another institution that performs the functions of the Construction Board, distribution system operators, the National Heritage Board, owners of the apartments in the apartment house, supervisors of buildings and other institutions or individuals (if applicable). The Buyer shall ensure topographical surveying, preparation of the construction plan documentation and coordination with the underground utility holders and other persons (if applicable) at its own expense.
7.4. The Service is not provided and the Seller is entitled to unilaterally withdraw from the Contract, in the part thereof that deals with the provision of the Service, by refunding the money received by the Buyer for the Service, if the provision of the Service is not possible due to the Buyer’s fault or circumstances beyond the Seller’s control (for example, the Buyer cannot be met at the specified address, the Buyer cannot be contacted, the specified address of the Buyer and the Service provision place cannot be accessed, or before the provision of the Service the Buyer cannot present the approvals specified in Section 7.3.3 of the Contract and the technical documentation required for the receipt of the Service before the provision of the Service).
7.5. The money for the Services shall be refunded within 30 (thirty) days to the Buyer’s account from which the payment was made. Transport costs (if any) will not be reimbursed. A refund is made by using the same means of payment as was used by the Buyer for the initial transaction unless the Buyer has expressly agreed otherwise.
7.6. The Service is considered received and the Order fulfilled if the Service has been transferred to the Buyer by an acceptance-transfer deed.
8. Right of withdrawal
8.1. The consumer has the right to withdraw from the distance contract within 14 days without giving a reason. The right of withdrawal expires after 14 days from:
8.1.1 the date of concluding the Contract – if the Service is provided;
8.1.2. the date when the Consumer or a third party other than the carrier and indicated by the Consumer has acquired possession of the Products – if the Product is purchased;
8.1.3. the date when the Consumer or a third party other than the carrier and indicated by the Consumer has acquired possession of the last Product – if several Products are delivered in one Order, which are delivered separately;
8.1.4. the date when the Consumer or a third party other than the carrier and indicated by the Consumer has acquired possession of the last series or parts – if a Product that is being delivered consists of several series or parts;
8.1.5. the date when the Consumer or a third party other than the carrier and indicated by the Consumer has acquired possession of the first Product – if the Contract on the regular delivery of Products has been concluded.
8.2. The consumer may not exercise the right of withdrawal in the cases specified in Section 22 of Cabinet Regulation No. 255, for instance, when purchasing an Individual Electric heating solution, as it is personalised according to the volume of the Buyer's building, heat consumption habits, installation location and type. In such cases, the Seller is entitled not to accept the Product and refuse the use of the right of refusal by the Consumer as well as not refund the Consumer for the money paid for the Product or Services.
8.3. In order to exercise the right of withdrawal, the Consumer must inform the Seller by a clear notice containing information identifying the Consumer and the Order about the decision to withdraw from the distance contract by sending a notice to the e-mail address of the Seller: elektrumveikals@elektrum.lv, or to the Seller at the address – Viskaļu iela 16, Riga, LV-1026. The Consumer may choose to use the withdrawal form attached to the delivery document, duly indicating all the necessary details.
8.4. Sending of the notice on the exercise of the withdrawal rights within the deadline set in Paragraph 8.1 terminates the Order and releases the Consumer from contractual liabilities arising from the Order made remotely. The deadline is met if the Consumer sends the notice on the exercise of the withdrawal rights to the Seller before the end of the period for exercising the right of withdrawal.
8.5. The Consumer shall transfer the Product to the Seller without undue delay, but no later than within 14 (fourteen) calendar days of sending the notice on the exercise of the withdrawal rights by paying the shipment expenses, using one of the following methods:
8.5.1. by sending it to Omniva Ulbrokas ELVI parcel machine at the address Peldu iela 2, Ulbroka, Stopiņi Municipality, and specifying the phone number (+371) 25457082;
8.5.2. by sending it to the DPD Lats Ulbroka parcel locker at the address Institūta iela 7, LV-2130 and specifying the phone number (+371) 25457082;
8.5.3. by sending with a courier to Granīta iela 31, Acone, Salaspils Municipality, LV-2119, and specifying the phone No. 25457082.
8.6. The Seller shall refund the amount paid by the Consumer for the Product and/or Service within 14 (fourteen) calendar days from the date of receipt of the Consumer’s notice on the exercise of the withdrawal rights.
8.7. The Seller may withhold reimbursement of the amount paid by the Consumer in accordance with the Contract until the Seller has received the Product back or the Consumer has supplied evidence of having sent back the Products, whichever is earlier. The delivery fee shall not be refunded to the Consumer.
8.8. The Consumer shall be liable for preservation of the quality and safety of the Product throughout the withdrawal period. The Consumer shall be liable for any diminished value of the Product resulting from handling the Product in a way that is not in conformity with the principle of good faith, including other than what is necessary to establish the nature, characteristics and functioning of the Product.
8.9. The Products should be undamaged, the Product should not start to look dated (tags are not removed or damaged, protective films are not torn off, etc.) and unused. The Product must be returned in its original packaging and in the same set as it was received, including the Product acquisition document, the user manual, and other accessories of the Product. The Product set, which consists of several Products, should be returned in full, i.e., all the Products included in the set. The Product must be packed properly for safe transport to avoid damage during transport.
8.10. If the Consumer has requested to start providing the Service during the withdrawal period, the Consumer shall pay the Seller an amount that is proportional to the performed part of the Contract until the Consumer has notified the Seller of the withdrawal.
8.11. The Consumer shall cover the costs related to the return of the Products (except for a Product that does not comply with the terms of the contract).
8.12. Additional expenses may be incurred by the Consumer if the Product has been installed by a person who has the necessary specialist knowledge and a document certifying professionalism, and in order to perform safe disassembly of the Product, the involvement of an industry professional is required. The maximum related cost of returning such a Product can reach approximately 410 euros. The Consumer shall contact the Seller regarding the place, time, dismantling of the Product and the costs associated with the return of the Product by calling 8400 or by writing to the Seller’s e-mail address elektrumveikals@elektrum.lv. Each case will be considered individually and the Consumer will have to pay the costs related to the return of the Product before returning it.
8.13. Taking the provisions of Section 8.8 of this Contract into account, if signs of wear and tear are found in the Product, the Seller may ask the Consumer for the compensation of losses, the amount of which is determined on a case-by-case basis. The Seller shall inform the Consumer in writing of its decision to ask for the compensation of losses for the diminished value of the Product and shall send an invoice to the Consumer.
8.15. The withdrawal form is available here.
9. Conditions for use of the Coupon
9.1. The Buyer may receive a Coupon during a marketing campaign organised by the Seller and exchange it for a discount for the Product or Service specified in the Coupon, or the amount of the Shopping Cart/s in the E-shop by entering the Coupon code in the specific field before making the Order.
9.2. The Coupon is not summed up with other discounts applicable in the E-shop. The Coupon discount shall apply to the initial price of the Product or Service, without any discount.
9.3. The Coupon is valid until the specified date. The validity of the coupon after it expires is not extended and it is not compensated.
9.4. The Coupon Code can be used one or more times for one or more Shopping Carts depending on the type of Coupon Discount received. The Buyer, who has received a Coupon, shall be responsible for the preservation of the Coupon code and its non-disclosure to other persons.
9.5. Coupons are not summed up and are not exchanged for other Coupons, money, or Products or Services. A used Coupon is not compensated and returned.
9.6. If the contents of the Shopping Cart do not correspond to the conditions for use of the Coupon (for example, the Shopping Cart does not include all the Products to which the Coupon discount applies, etc.) or the Coupon has expired, the discount specified in the Coupon is not applied to the Product, Service, or the Shopping Cart.
9.7. A lost Coupon (Coupon code) is not compensated and its validity is not extended.
10. Commercial guarantee (warranty).
10.1. The Buyer is obliged to carefully read the instructions for use of the Product before using the Product and to only use the Product in accordance with the manufacturer’s instructions, in accordance with the properties and the intended purposes of use of the Product.
10.2. The issuer of the commercial guarantee (warranty) is the Seller – Latvenergo AS, reg. No. 40003032949, address: Pulkveža Brieža iela 12, Riga, LV-1230, e-mail address: elektrumveikals@elektrum.lv.
10.3. The commercial guarantee (warranty) is valid in the territory of the Republic of Latvia and can be obtained by purchasing the Products from the E-store. The Seller provides the following commercial guarantees (warranties) for the Products:
10.3.1. for solar panels – 12 (twelve) years commercial guarantee (warranty) from the date of delivery of the solar panels to the Buyer;
10.3.2. for the inverter – 10 (ten) year commercial guarantee (warranty) from the date of delivery of the inverter to the Buyer;
10.3.3. SAMSUNG air-to-water heat pump – 5 (five) year commercial guarantee (warranty) from the date of delivery of the heat pump to the Buyer;
10.3.4. SAMSUNG air-to-air heat pump – 3 (five) year commercial guarantee (warranty) from the date of delivery of the heat pump to the Buyer;
10.3.5. ABB, Etrel, Noark or Green Cell electric car charging equipment and/or accessories thereof – 2 (two) year commercial guarantee (warranty) from the date of delivery of the electric car charging equipment and/or accessories to the Buyer.
10.4. The commercial guarantees (warranties) indicated in Section 10.3 of the Contract shall apply to damage to or malfunction of the Products, if arising due to:
10.4.1. poor quality of components;
10.4.2. improper storage and transportation of the Products prior to their sale.
10.5. The terms and conditions of the commercial guarantee (warranty) shall be in effect if the Buyer can produce proof of purchase (Invoice or Invoice-Waybill).
10.6. Please be informed that the terms and conditions of warranty shall not apply to the additional equipment of the Product (for instance, the accessories of the product), power elements (for instance, batteries, accumulators), accessories that have a limited resource (for instance, fuses).
10.7. The commercial guarantee (warranty) does not cover damage to or malfunction of the Products:
10.7.1. if the serial number (ID) of the Product has been deleted, invisible or altered or the security seals installed on the body of the Product have been broken;
10.7.2. if the Product has not been used for its intended purpose and has not been operated as specified in the Product’s instructions for use;
10.7.3. if the structures are scratched or broken, the Product has been cared for by using inappropriate agents, if unauthorised objects are found in the Product, or there are any other signs that bear evidence of the incorrect operation of the Product;
10.7.4. if the damage or the defect is caused by the non-compliance of the supply voltage, telecommunications, power transmission cable networks with the standards specified by the manufacturer, due to rapid temperature fluctuations, as well as other domestic and external factors such as soot, smoke, dust, humidity, shock, or scratches;
10.7.5.if the Product shows signs of unqualified repairs;
10.7.6. in cases of natural wear and tear of the components of the Product;
10.7.7. if the Product used non-standard power supplies, accessories and spare parts, as well as raw materials that have not been certified by the manufacturer for use with the specified Product, and if this has caused damage to this Product;
10.7.8. if the Product has been used for manufacturing or professional purposes (in the event where the specific Product is not intended for such purposes);
10.7.9. if the damage to the Product is caused by incorrect transportation of the Product after the Product has been sold;
10.7.10. if the Goods have been exposed to external factors (for instance, dust, lightning, electrical surges, chemicals, electromagnetic fields);
10.7.11. in the event of natural wear and tear of the components of the Product;
10.7.12. if the damage has been caused by the fault of the Buyer or third parties.
10.8. In the event that the Product is damaged during the commercial guarantee (warranty) period, the Buyer shall have the opportunity to:
10.8.1. send the Product, the completed warranty application and the document confirming the purchase to the Seller in one of the following ways:
10.8.1.1. by sending it to the Omniva Ulbrokas TOP parcel machine at Peldu iela 2, Ulbroka, Stopiņi Municipality, and specifying the phone No. (+371) 25457082;
10.8.1.2. by sending it to the DPD Lats Ulbroka parcel locker at Institūta iela 7, Dreiliņi, LV-2130 and specifying the phone number (+371) 25457082;
10.8.1.3. by sending with a courier to Granīta iela 31, Acone, Salaspils Municipality, LV-2119, and specifying the phone No. (+371) 25457082;
10.8.2. call the customer service of the Seller on the phone number 8400, where the most suitable solution will be recommended.
10.9. The commercial guarantee (warranty) application form is available here.
10.10. The warranty service for the Goods is provided by Latvenergo AS, e-mail address: elektrumveikals@elektrum.lv, phone No.: 8400, address: Viskaļu iela 16, Riga, LV-1026. As a result of the warranty service, the Seller shall issue a deed to the Buyer, where the effect of the detected damage on the Product and further action that needs to be taken are indicated.
11. Products, Services, Digital Content or Digital Service that do not comply with the terms and conditions of the Contract
11.1. In accordance with the Consumer Rights Protection Law, Consumers have the right to file a claim regarding the Product, Digital Content, Digital Service or Service that does not comply with the terms and conditions of the Contract within 24 (twenty-four) months from the date of delivery of the Product, Digital Content or Digital Service, or the receipt of Service.
11.2. The Consumer shall submit the claim regarding Products, Digital Content, Digital Services or Services that do not comply with the terms of the Contract to the Seller: e-mail: elektrumveikals@elektrum.lv, telephone: 67726661, address: Viskaļu iela 16, Riga, LV-10262, in compliance with the provisions of the Consumer Rights Protection Law. The claim is examined in accordance with the procedures and deadlines specified in the applicable regulatory enactments.
11.3. If it is established that the claim referred to in this section has been submitted for a quality Product that complies with the Consumer’s order (contract), the Product delivery fee shall not be refunded to the Consumer.
12. Liability of the Parties
12.1. The concluded Contract enters into force at the moment when the Seller has received the Order placed by the Buyer and sent the Order confirmation to the Buyer’s e-mail address. The Contract shall remain in force until the complete fulfilment of the mutual liabilities of the Parties. The Order and the invoice are cancelled if the invoice is not paid within 5 (five) working days from the day of sending a reminder to the Buyer.
12.2. The Seller shall not be liable for losses incurred by the Buyer or third parties due to the fact that the Buyer has provided incorrect or incomplete data (or has not updated or supplemented the data).
12.3. The Seller shall not be liable if it has sent the Invoice-Waybill/Invoice/Monthly Invoice to the email address specified by the Buyer but the Buyer has not received it.
12.4. If the Buyer has not received the invoice sent by the Seller, thus not having paid for the Products within the deadline provided for in the Contract, then this is not a justifying reason for late payment. In this case, the Buyer is obliged to contact the Seller and agree on further action.
12.5. All disputes arising between the Buyer and the Seller shall be resolved in accordance with the laws and regulations of the Republic of Latvia – in court.
12.6. If the Buyer has complaints regarding the quality of the Product or Service, then he/she must provide the Seller with an appropriate application, indicating the information identifying the Buyer and the Product or Service, as well as the justification of the application. The application must be sent to the registered address of the Seller or electronically to the e-mail elektrumveikals@elektrum.lv.
Cabinet Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” are, inter alia, applicable to the Distance Purchase Contract.
Receipt of payments made through banks is ensured by third parties who are not parties to this Contract. Third parties that are entitled to provide non-cash payment services shall be responsible for the processing of the data of the Buyer and data safety.
The version is valid from 13 March 2024.