Right of withdrawal
These rules on exercising the right of withdrawal (“Rules”) are an integral part of the distance sales contract (“Contract”) concluded between SIA “BAJTEL.LV” unified registration number 40003979897; legal address: Brīvības gatve 214B, Riga, LV-1039, Latvia (“Seller”), and the individual (“Buyer”) for the purchase of products on the www.eleme.ee website (“Website”).
The right of withdrawal established in the Rules can be exercised by a Buyer (consumer), who, pursuant to Section 1(3) of the Consumer Protection Law of the Republic of Latvia, is a natural person expressing the wish to purchase, purchasing or possibly purchasing or using a product for a purpose unrelated to the person’s economic or professional activity.
The Buyer shall have the right to exercise the right of withdrawal established by the Consumer Protection Law of the Republic of Latvia and Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” and to unilaterally withdraw from the Contract without providing any justification to the Seller in accordance with the terms of the Contract and these Rules.
The right of withdrawal shall be exercised in compliance with the following conditions:
The right of withdrawal shall be exercised by the Buyer submitting to the Seller a filled out Withdrawal form or giving notice of exercising the right of withdrawal (“Withdrawal Notice”) within 14 (fourteen) calendar days from the day when the Buyer has received the product into their possession (i.e., from the day when the product has been delivered to the Buyer and the Buyer has accepted its delivery). The aforementioned term shall have been respected if the Buyer sends the Withdrawal Notice to the Seller prior to the end of this term. The Buyer shall have the obligation to prove that the right of withdrawal has been exercised.
Withdrawal Notices shall be sent to:
– by post to the following address: SIA „BAJTEL.LV”, unified registration No. 40003979897; legal address: Brīvības gatve 214B, Riga, LV-1039, Latvia
– electronically to the Seller’s e-mail address: [email protected]
Upon receiving a Withdrawal Notice, the Seller immediately informs the Buyer of receipt by sending an electronic notification to the e-mail address indicated by the Buyer in the Withdrawal form.
The Buyer shall be obliged to send the product and its original packaging back to the Seller or submit it to the Seller or a person thereby authorised without unjustified delay and no later than within 14 (fourteen) calendar days from the day when the Buyer has sent the Seller the Withdrawal Notice. The aforementioned term shall have been respected if the Buyer sends the product back to the Seller by the end of the aforementioned term.
The Buyer shall be obliged to retain and not damage the original packaging of the product, the product shall not be damaged, used and its sales presentation shall not be altered. The returned product must be in the same condition as it was received.
The Seller shall return to the Buyer the money paid for the product and its delivery without unjustified delay and no later than within 14 (fourteen) calendar days after the day when the Buyer has sent the Withdrawal Notice to the Seller. The Seller shall return the aforementioned funds to the Buyer by the same payment method as initially used by the Buyer when purchasing the product, except if the Buyer has explicitly consented to another payment method and the use of this payment method does not incur any charges to the Buyer.
The Seller shall have the right to not return the money paid by the Buyer for the product and its delivery until the Seller has received the product in its original packaging from the Buyer.
The Buyer shall cover the direct costs of sending the product back or returning it.
The Buyer shall retain the delivery documents pertaining to the receipt of the product, as well as to returning the product back to the Seller.
The Buyer shall be responsible for the reduction of the value of the product if it has been used for a purpose other than to establish the nature, features and functioning of the product.
These Rules have been drafted in accordance with the laws and regulations in force within the Republic of Latvia. The Buyer and Seller shall resolve any issue which is not regulated by these Rules in accordance with the laws and regulations in force within the Republic of Latvia.
The Buyer can find additional information about exercising the right of withdrawal on the website of the Consumer Rights Protection Centre: http://www.ptac.gov.lv/.
Any questions the Buyer may have about these Rules or the implementation thereof, shall be submitted in writing to the Seller’s e-mail address [email protected] or orally by telephone: +372 53648759.
Warranty and Service
For service and warranty issues, please contact SIA Bajtel.lv at the Garmin store at Domina Shopping, Ieriķu iela 3, Riga. Working hours: 10:00-21:00. Telephone: +372 53648759. E-mail: [email protected]
Terms and Conditions of the Warranty
General Provisions
1.1. All items sold by SIA Bajtel.lv, which are purchased by natural persons, carry a manufacturer’s warranty in accordance with the laws and regulations in force within the Republic of Latvia, provided that the terms and conditions for use are adhered to. Items purchased by legal entities carry a seller’s or manufacturer’s warranty, the term of which in certain cases may be one year.
1.2. During the period of validity of the manufacturer’s warranty SIA Bajtel.lv or a service centre authorised by the manufacturer shall repair or replace the faulty component free of charge if the fault has occurred during the manufacturing process, the damage is structural or due to wear, or defects related to the components used. Out-of-warranty service (for damages not covered by the warranty or after the end of the warranty period) can be offered to the customer for a fee.
1.3. When submitting an item for warranty service, the customer shall submit it together with a warranty confirmation issued by the seller, a purchase receipt or delivery note, indicating the defect of the item or how it presents. Proof of warranty shall be valid only if it holds a correct and clearly legible indication of the item model, product serial number, date of sale, term of warranty, a clearly legible stamp of the seller, the signatures of the seller and buyer. It is prohibited to make any changes to, delete or rewrite the information indicated on the warranty confirmation as doing so shall void the warranty.
1.4. The customer can submit the item for warranty service by delivering the faulty item to the warranty service indicated by the manufacturer or delivering it to the SIA Bajtel.lv customer service point at the Garmin store at Domina Shopping, Ieriķu iela 3, Riga. Working hours: 10:00-21:00. Telephone: +371 23209966. E-mail: [email protected]. If the original packaging is no longer available, the faulty item shall be appropriately packaged so as to avoid any damage during transportation. All expenses for safe delivery of the item to the SIA Bajtel.lv customer service point or the manufacturer’s warranty service centre shall be covered by the customer themself.
1.5. In order to reduce the time necessary for repairs, it is recommended that the item be submitted in the standard package (i.e., together with any accessories, power unit, special cables etc.).
1.6. The entity issuing or implementing the warranty shall perform the duties established under the warranty within reasonable terms, informing the customer in advance of the approximate time needed and without unduly inconveniencing the customer (the repair time may be extended by coordinating this with the customer).
1.7. Terms and conditions of the warranty do not provide for replacement of the item for the duration of the warranty service, except for cases when the warrantor is unable to fulfil the terms of Paragraph 1.6. The seller shall be responsible for offering replacement equipment by coordinating this with the customer.
1.8. The initial warranty period shall be applied to the replaced / repaired item.
Limitations on warranty:
The warranty shall not apply to any software and compatibility of various equipment, and to cases where the malfunction of the device has been caused by a computer virus.
The warranty shall not apply to preventive measures, regular service and maintenance work on the item.
2.3. The warranty shall not apply to the Buyer’s data (restoration/retention of data) which are stored in the purchased computing device or data carriers.
2.4. The warranty is limited in regard to power components (batteries) of devices and other components with limited resources. The warranty period is set by the manufacturer.
The warranty shall be void in the following cases:
3.1. The purchase documentation (confirmations) have not been retained;
3.2. Information on the manufacturer’s label is damaged or the label is removed;
3.3. The damage is mechanical;
3.4. Damage has been caused by natural disaster, fire, household circumstances, accidental external factors;
3.5. The body of the item has been penetrated by moisture, dust or debris;
3.6. Damages have been caused by excessive (inappropriate) power voltage being applied;
3.7. The item has been opened, repaired or altered by a party other than SIA Bajtel.lv or the manufacturer’s authorised service centre;
3.8. Damage has been caused by use of sub-standard and/or low quality materials, spare parts, assembly materials, accessories;
3.9. Maintenance has been performed with inappropriate cleaning agents;
3.10. The item has been used in an inappropriate environment (excessive humidity, temperature);
3.11. The instruction manual has not been adhered to.
The warranty shall not apply to the following:
4.1. Materials to be used, accessory packages, accessories;
4.2. If filters, batteries, fuses, headphones, microphones, hands-free devices or other elements of the product or its accessories which have limited resources need to be replaced if such replacement is provided for by the construction of the product and does not entail the disassembly of the product.
4.3. SIA Bajtel.lv shall have the right to void the warranty for products or services purchased in violation of the legislation of any country.
5. Warranty card
5.1. A warranty card is provided with each purchase. This card provides information about the devices contained in the order, indicating the manufacturer, the name(s) of the device(s), serial number(s).