Terms and Conditions
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Seller.
All orders for Goods shall be deemed to be an offer by the Seller to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
Definitions
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Goods from the Seller
“Goods” means the articles that the Buyer agrees to buy from the Seller
“List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time
“Seller” means SIA “Mottra”
“Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Purchase of Products
When you place an order on our website we shall email you an order confirmation email. Our acceptance of your order does not take place until dispatch of the order, at which point the contract for the purchase of goods will be made and you will be charged.
Once you have checked out and you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before clicking the ‘Place order’ button.
Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted but will be detailed on the invoice.
We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
- The product ordered being unavailable from stock
- Our inability to obtain authorization of payment
- The identification of an error within the product information, including price or promotion
- If we suspect any fraudulent activity
If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time. We will take all necessary measures to keep the details of your order and payment secure.
Prices are subject to change without notice. These changes will not affect orders that have already been dispatched. Prices are inclusive of VAT (where applicable).
Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order, we shall notify you as soon as possible and you will not be charged for the out-of-stock items.
Prices and payments
The price of the Goods shall be that stipulated in the Sellers current List Price/on the Sellers website/as contained in the Sellers Quotation (as applicable) at the date of order or as agreed between the parties.
Prices are shown without Delivery.
Every effort is made to ensure that prices shown on the Sellers website are accurate at the time of order. If an error is found, the Seller will inform the Buyer as soon as possible and offer the Buyer the option of reconfirming the order at the correct price, or cancelling the order.
The Buyer will be able to see the Price and the Delivery costs through ‘Check out’ of the order.
Payments can be carried out through VISA, VISA Electron, VISA Debit, VISA VPay, MasterCard, MasterCard Debit, Maestro, American Express and Direct Bank Transfer to Sellers bank account. There is also available self-pickup service from Seller’s site. Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
Delivery
Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Seller shall use its reasonable endeavors to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Goods are subject to availability. Some Goods may not be in stock at the time the order is placed, if such situation occurs the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Should the Buyer not take delivery of the goods, the Buyer will be liable for the cost of re delivery.
Cancellation and Returns
The Buyer shall inspect the Goods immediately upon receipt and must sign the delivery note as ‘Unchecked’ or ‘Damaged’ if there is visible box damage. The Buyer shall notify the Seller as soon as possible of delivery if the Goods are damaged or do not comply with any of the Contract.
Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the faulty Goods in original packaging.
Goods must obtain a Return Manufacturer Authorization (RMA) Number before being sent back to the Seller. Goods to be returned must clearly show the RMA number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyers fault, the Buyer will be liable for the cost of remedying such damage.
Where Goods are purchased via the internet, in accordance with the Distance Selling Regulations Act, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. The Goods must be in perfect condition and no seals broken. Should the Goods be unfit for re-sale, the Seller may reject the RMA.
Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any) including expenses for return postal charges, if such decision was made by the Mottra representative who lead such case, within 30 days of cancellation.
Limitation of Liability and Risks
Nothing in Terms and Conditions, Delivery notes, Returns or Privacy Policy of this website shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Risk in Products shall pass to the Buyer upon delivery.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of Latvia and the parties hereby submit to the exclusive jurisdiction of the Latvian courts.
Data Protection
The Seller will take all necessary precautions in order to keep the details of the Byers orders and personal documents such as name, surname, address etc secure. These documents are protected by the principle of protection of the personal documents that the Seller should respect. This data can be only disclosed if governing laws or instances are required so.
Concerning the data of the Buyer’s credit/debit cards, we do not keep any data. Consequently, the Seller is not liable in case the data of Buyers credit/debit card run through the Internet or used as not intended.
The Seller will not be liable for unauthorized access to the information supplied by the Buyer.
Images, Photos and Video
All website content is a property of the Seller and can’t be used without written permission of the company. Product images are for illustrative purposes only and may differ from the actual product.
Loss in Transit
In case the Goods are lost in transit, a written notification to the seller must be made within 2 days of the expected delivery date.
Changes in Terms and Conditions
These Terms and Conditions or any other part of the website can be changed by our own decision without any prior notifications.