TERMS OF SERVICE
- 1.General provisions
- 1.The website protuning.club ( ProTuning ) is owned and operated by SIA "PROTUNING", Ģertrūdes iela 77—14, Rīga, LV-1011, Latvia (hereinafter – "we" or "ProTuning").
- 2."You" means a natural person acting on its own behalf or as a representative of a legal entity who accesses, uses or in any other way interacts with ProTuning.
- 3.By starting to use ProTuning you consents to these Terms of Service and accepts them in whole, including related policies and rules, such as the Privacy & Cookies Policy or rules of our partners. You are accepting provisions related to registered users by creating an account on ProTuning. If you do not agree with these Terms of Service, stop using ProTuning.
- 4.By using ProTuning you warrant that you are at least 18 years old and have a full legal capacity.
- 5.If you are residing outside Latvia, it is your sole responsibility to make sure that your use of ProTuning and (or) its payment processing partners is allowed and possible under the applicable laws of the country of your residency.
- 6.Your use of ProTuning does not create any partnership, joint venture, employee-employer or franchise-franchisee relationship between you and us.
- 2.Sales contract
Information on the goods, their prices, delivery and other terms of sale is not an offer, but an invitation to offer. The order of the consumer consitutes an offer. Acceptance of payment constitutes an acceptance, and, accordingly, conclusion of the sales contract.
- 1.All prices for the goods designated on our wesite do not include delivery costs, possible COD charges, tax charges or other fees.
- 2.Prices may be changed without notification. The price may not change for a consumer after concluding the sales contract.
- 3.All prices on our website include VAT 21% unless the customer does not select a country outside the European Union as the country of delivery.
- 4.Besides what is provided in the previous paragraph, all netto prices for the goods on the Website are the same for all Website users. We do not discriminate by the reasons of country of residence, information about your computer or cookies.
- 5.Additionally to the price of ordered goods, you bear the delivery costs.
- 6.Delivery costs depend on the shipping method, the method of payment, the weight and the shipping destination. They are calculated and shown in the shopping basket when you choose your address of delivery, method of delivery and method of payment.
- 7.Delivery costs are paid together with the price of ordered goods, simultaneously and by one payment.
- 8.Delivery costs may not be changed after the sales contract conclusion.
We commit to convey your ordered goods to the shipment company as soon as possible receiving the payment. However, in case of unexpected difficulties with getting goods from our suppliers or shipment service providerswe can delay the dispatch at our discretion. You will be notified by e-mail or phone about the expected dates of dispatch and delivery.
- 1.Prices for the orderd goods and delivery costs are shown as separate lines in the final invoice, but you have to pay the whole invoice at once.
- 2.Payment has to be made in immideately after the order is formed and the invoice is shown to you on the screen. Otherwise, we do not guarantee that choosen goods are still available and prices stay the same.
- 3.Paymenet is made through the plug-ins of payment processing service providers. They are fully liable for payment processing, including safety of your payment accounts and personal data.
6.Transfer of risk and warranty
The risk of loss of or damage to the goods passes to you when you or a third party indicated by you (other than the carrier) has acquired the physical possession of the goods.
7.1.We accept no withdrawal request based on the claim that goods do not fit your car if, while making an order, you provided inaccurate data about your car mark, model and specifications or did not notify us that any changes have been made to the
BY 'Ekaterina Andryushchenko'
NOTE: 'Первый вариант в вашем интересе. Второй соответствует европейскому праву. См. файл Withdrawal.doc.']
original car design.
You have a right to withdraw from a sales contract, without giving any reason, during 14 days after goods delivery to you.
- 2.To exercise your right to withdrawal, you have to notify us by e-mail on the address [email protected].
- 3.To get your money back, you need to send us back the purchased good in the original package not later than 14 days from the day when you send us a letter of withdrawal.
- 4.You bear the costs of sending the goods to us.
- 5.Goods sending back must be in the same condition as you received them. You are liable for the diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- 6.We will pay you back only after we received the goods back.
- 1.If you payed by a bank card, you have a right to chargeback according to Visa/Maestro/Master card rules.
8.2.However, before applying for chargeback, you should first contact us and try to settle the dispute peacefully. You may not apply for chargeback if,
BY 'Ekaterina Andryushchenko'
NOTE: 'Насколько я помню, ты говорил, что вы такое собираетесь спрашивать?']
while filling the purchase order form, you have provided inaccurate information about your car (its mark, model, year of release, specifications of the car part which the bying good must fit, and whether any changes have been made to the original car design).
9.Limitation of Liability
- 1.IT IS YOUR DUTY TO REVIEW THE PHOTOS OF THE GOOD CAREFULLY BEFORE PURCHASING. RETURN OF THE GOOD OR CHARGEBACK IS POSSIBLE ONLY IF THE GOODS HAVE SIGNIFICANT DIFFERENCES WITH THE DESCRIPTIONS, FIRST OF ALL, IF THEY DO NOT FIT THE STANDART UNMODIFIED CAR MODELS FOR WHICH THEY ARE DESIGNATED. NO CLAIMS ARE ACCEPTED IN CASE OF MINOR VISUAL DIFFERENCES (E.G., IF YOU CLAIM THAT "IT LOOKS NOT SO COOL AS ON PHOTO").
- 2.ProTuning is not liable for goods not fitting the car if the consumer provived false or inaccurate information on the car mark, model, year of release, specifications of the car part which the bying good must fit, and whether any changes have been made to the original car design.
- 3.To the extent permitted by applicable law, ProTuning is not liable for any harm caused to you car, driver and passengers of your car, as well as to other road traffic actors and their property.
- 4.We bears no responsibility for the payment processing, safety of your payment accounts or your personal data related to your payment, as long as they are made by payment processing service providers.
- 5.To the extent permitted by applicable law, we are not liable for any direct or indirect, incidental or any other damages resulted from 1) errors in transmission of data or interruption of access to the Website; 3) viruses or other harmful effects that may result from use of the Website.
10.Registration on the website and use of an account
- 1.You may register an account on the Website and create your personal account to manage your purchase orders and see your purchase history.
- 2.To register an account, you have to choose a login and password and also enter and confirm your e-mail.
- 4.You, as an account holder, are responsible for all activities that occur under the Account, including, but not limited to, placing, changing and canceling orders, password management and changes of account information. All the actions made from your account are presumed to be made by you. You are solely responsible for security of your account authorisation credentials (e-mail, phone number, password, social networks accounts).
- 5.You can delete your account at any time n our website by using build-in functionality "Delete an account" [OR] The account will be deleted manually within 14 days after the we receive your request.
- 6.Note, that even after the account is deleted, the history of your purchases is kept by ProTuning, as well as the data provided as purchase info.
- 7.We have the right, in our sole discretion, to delete or to terminate access to your account if you are not eligible to use the Website or provided false personal information about yourself, or use e-mail and/or social networks accounts not belonging to you, or try to make harm to ProTuning by malware or violate Terms of Service or/any any other related Polivies in any other way.
11.Intellectual property rights
- 1.All the exclusive rights, including intellectual property rights, to materials published or distributed by ProTuning belong to us or our partners. All rights not expressly granted to you are reserved by us.
- 2.You are not allowed to use our name, trademarks, service marks or any other intellectual property rights without our prior written consent, which we may or may not grant. You agree not to copy, distribute or modify content obtained from or through ProTuning without our prior written consent.
- 3.The information that you obtain through ProTuning, including, but not limited to, text-based content, may only be used within the prescribed limits and solely for personal non-commercial use.
12.Applicable law and jurisdiction
- 1.This section applies without prejudice to mandatory rules of European Private International Law.
- 2.You relations with ProTuning are governed by and shall be interpreted under the laws of Latvia, without giving effect to its conflict of law rules. The United Nations Convention on Contracts for the International Sales of Goods does not apply.
- 3.In case of a dispute between you and us, you must first contact us directly by mail at [email protected] to try to solve the conflict peacefully.
- 4.If negotiations fail, Riga City Vidzeme District Court shall have the jurisdiction over the dispute.
- 1.You may not assign your claims under the contract to the third person without our consent.
- 2.If one or several clauses of the present Terms of Service are held void according to governing law or otherwise unenforceable or invalid, such clauses shall not affect the validity of other clauses of these Terms of Service.
- 3.We may add, modify and delete terms of sell for particular items available on ProTuning at any time, in our own discretion.
- 4.We may change these Terms of Service at any time without prior notification. When such changes are made, we will publish a new copy of Terms of Service n the Website. All amendments automatically become effective after 10 (ten) days after the publication. If you do not agree to the new amendments, please stop using ProTuning. It is your sole responsibility to regularly check the website in order to monitor changes in these Terms of Services.