Warranty

Warranty services

All products sold at the online store www.bm.market shall have two-year warranty under Section 27 of the Consumer Rights Protection Law.

For legal entities and self-employed persons, the guarantee is 1 year, and the 14-day right of withdrawal does not apply to them!

Before using the purchased item, please read carefully the terms of use (instructions) provided by the manufacturer of the product and only use the product in accordance with the terms of use (instructions) provided by the manufacturer, in accordance with the characteristics and purpose of the product.

Pursuant to Section 28 Paragraph Six of the Consumer Rights Protection Law if the non-conformity of the goods with the provisions of the contract is minor and cannot substantially affect the possibility of the consumer utilizing the goods, the consumer cannot require the trader or the service provider to revoke the contract and repay the amount paid for the goods. The non-conformity of the goods with the provisions of the contract is deemed to be minor if it does not reduce the quality of the performance of the basic functions of the goods or characteristics of use, and it can be rectified without creating changes in the external appearance of the goods that can be visually determined.

By raising a claim against the online store www.bm.market the consumer must present a receipt for purchase, invoice or leasing agreement, as well as deliver the goods (in full) to the online store www.bm.market or the authorized service.

Before the delivery of computer or mobile communication devices, the consumer shall ensure that the data stored on the computer or mobile communication device is stored by creating an external copy, as the data may be permanently lost during the warranty repair. The authorized service center of www.bm.market shall not be responsible for the retention of data.

The cleaning of the mechanisms of the goods is not included in the warranty repair. This service is only provided for an additional fee.

The warranty does not apply to or is limited regarding the accessories included with the goods - accumulators, batteries, wire connectors, dust collectors, brushes, lights, fuses and other components subject to depreciation during the use of the goods.

If the quality of the goods does not confirm (with the contract), pursuant to Section 28 Paragraph One of the Consumer Rights Protection Law the consumer has the right to request the online store www.bm.market to take one of the following actions:

1) to rectify the non-conformity of the goods with the provisions of the contract;

2) to exchange the goods with such that conform with the provisions of the contract;

3) to reduce the price of the goods accordingly;

4) to cancel the contract and reimburse the customer the amount paid.

Firstly the consumer is entitled to request that the online store www.bm.market  free of charge rectifies the non-conformity of the goods with the provisions of the contract or exchanges the goods for such with which conformity with the provisions of the contract is ensured, except the case where this is not possible or is disproportionately.

Pursuant to Section 28 Paragraph Three of the Consumer Rights Protection Law the rectification of non-conformity or exchange shall be deemed disproportionate if it results in costs incurred by the trader that are not commensurate with other alternative remedies set out in Section 28 Paragraph One of the Consumer Rights Protection Law, considering:

1) the value of the goods without non-conformity;

2 the importance of non-conformity;

3) whether the application of alternative remedy cause significant inconvenience to the consumer.

Pursuant to Section 28 Paragraph One of the Consumer Rights Protection Law, the warranty does not apply in the following cases:

1. the goods have mechanical damage due to the actions of the consumer or third parties;
2. it is found that the manufacturer’s warranty seal is damaged, the serial number is damaged, contrary to the terms of use of the goods (instructions) the goods have been opened in full or in part (unauthorized access to the goods) and/or the consumer (or third parties) have tried to remedy the damages to the goods;
3. the goods have damages caused by natural causes, for example, lightning, fire, flood etc.;
4. the goods have damages caused by foreign bodies, for example, liquids, bugs, etc.;
5. the goods have damages caused by poor quality of water (elevated calcium, chlorine levels, presence of rust or sand);
6. the goods have damages caused by exposure to chemicals;
7. the goods have damages caused by unstable or damaged power supply, non-conformity of communication cables or other domestic factors (dirt, smoke, dust, humidity etc.);
8. the goods have damages caused by unauthorized use of the goods, failure to comply with the provisions for storage and transportation or the product has not been installed in accordance with the instructions;
9. the goods were damaged because the goods were not used for the intended purposes or were used for industrial purposes;
10. use of non-standard power supply, accessories or spare parts (including cartridges, toners etc.) unauthorized by the manufacturer for the specific goods and such spare parts have caused damages;
11. pirated or inappropriate software has been used (for computer equipment or mobile phones);

Exchange or refund procedure (right of withdrawal)

• the right of withdrawal is the right of the consumer to withdraw from the distance contract (the goods ordered by distance contract) without giving any reason that may be exercised within 14 days from the day of the delivery of the goods (if single item has been delivered) or the day of the final item (if several items are included in the order);
• the consumer shall return the goods to the online store www.bm.market or the authorized representative of the online store www.bm.market without undue delay but no later than within 14 days after the consumer has submitted the withdrawal form to the online store www.bm.market or notified regarding the use of the rights of withdrawal. The deadline is deemed to be met if the goods are returned before the expiry of the 14 day period.
• in the case of excising the right of withdrawal the consumer shall notify the online store www.bm.market (for example, by sending a letter to SIA TehEksperts , address Krasta iela 89, Riga, LV-1019 or by electronic mail to info@bm.market, telephone: 67296734, 27725222), by submitting a withdrawal form or notification on the use of the right of withdrawal; the sample withdrawal form may be used;
• the period of withdrawal rights shall be deemed to be met if the consumer submits the withdrawal form or notification on the use of withdrawal rights to the online store www.bm.market before the expiry of the withdrawal period. The consumer is obliged to prove the use of the right of withdrawal;
• the online store www.bm.market shall reimburse the consumer without undue delay but no later than within 14 days after receiving the consumer’s notification regarding the withdrawal from the contract the amount paid including the shipping costs paid by the consumer. The online store www.bm.market shall reimburse the said amount by used in the same means of payment as used by the consumer except in cases where the consumer has expressly agreed to using a different means of payment and the consumer does not incur any fees for using such means of payment.
• the consumer shall bear the direct costs of returning the goods except for cases where the online store www.bm.market has agreed to bear such expenses or has not informed the consumer that such costs shall be borne by the consumer.
• during the withdrawal period the consumer may only use the goods as required for the testing of the goods (insofar as possible until the purchase of the goods at any store). For example, the consumer may become acquainted with a portable computer or mobile phone by checking its visual appearance and size, but without any manipulation, including but not limited to, activating the installed operating systems, removing protective plastic covers, inserting the SIM card and making calls, synchronizing data etc.
• during the withdrawal period the consumer shall bear full responsibility of the goods and their quality.
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Information from the PTAC website about the right of withdrawal:

"By purchasing an item in an Internet store, you can exercise your right of withdrawal and unilaterally withdraw from the contract within 14 calendar days of the date of receipt of the item if you have not agreed with the vendor on a longer term.

The seller must provide the consumer with a withdrawal form stating the name, address and a description of the right of withdrawal at the time of sale of the goods or transfer of the order.

If the Internet Store has not provided you with information on the exercise of the right of withdrawal, you may unilaterally withdraw from the contract within one year from the date of receipt of the item, but you have received the information within 14 days at the latest.

Sending a withdrawal form by post or electronically completing the form specifically intended for it within the time limit specified on the website shall exempt you from any contractual obligation. . It is your duty to return the goods or cases to the trader within fourteen days of sending a written refusal.

The seller or service provider shall be obliged to repay, without delay, not later than within 14 days from the date of receipt of the written refusal, the amount of money paid for the goods, case or service until the time of termination of the contract. . The seller or service provider is entitled to suspend the refund until he has received the goods or proof that it has been returned.

In the case of the exercise of the right of withdrawal, the costs of returning the goods to the Internet shop shall be borne by the consumer, except in certain cases where the trader himself has agreed to cover them.

If you exercise your right of withdrawal, you are obliged to return the goods to the seller without undue delay, but not later than fourteen days after sending the written refusal.

If you exercise your right of withdrawal, the seller is prohibited from asking you for contractual penalties or damages due to the exercise of the right of withdrawal.

Remember! During the period of exercise of the right of withdrawal, the consumer has the right to use the goods in so far as it is necessary for the verification of the goods (to the same extent as it could have been done before the purchase of the goods at the normal store). By exercising the right of withdrawal, the consumer shall be responsible for the use of the goods in excess of those intended for the purpose of the examination of the goods, for the use of the product within a period of withdrawal which is incompatible with the principle of good faith, as well as for the reduction in the value, quality and safety of the goods.

When entering into a distance contract, you cannot exercise the right of withdrawal (unless you have agreed otherwise with the seller):

• if you have purchased an audio recording or video recording or a computer program and have opened its packaging.
• if newspapers, periodicals and journals are delivered to you.
• if you have entered into an open auction.
• if you are delivered a perishable item or will soon be expired.
• if you enter into a contract for accommodation services (excluding rental of accommodation), transport of goods, rental of vehicles, catering or entertainment events, which you must receive on a given day and time (e.g. concert tickets, air tickets, organisation of birthday celebrations).
• if you buy things that are made according to you, or an item that is unambiguously personalized (for example, furniture by individual order).
• where the price of the goods or service purchased depends on fluctuations in the financial market, which cannot be controlled by the seller.
• if you enter into a contract for the provision of the service and the performance of the service with your agreement started before the end of the 14-day period, and you have shown that you will lose your right of withdrawal from the date when the service contract is fully fulfilled.
• if you have opened a package for a product that cannot be returned for health and hygiene reasons.
• if you have purchased an item that, because of its characteristics, has irreversibly mixed with other things after delivery.
• if you have entered into a contract for the supply of an alcoholic beverage that can be made after a period of 30 days, and you have already agreed the price at the time of conclusion of the contract, but its value depends on market fluctuations.
• if you have called for urgent repairs or maintenance work, the right of withdrawal shall apply only to additional services or goods other than the necessary spare parts for the purpose of carrying out the intended repairs or maintenance work.
• if you have entered into a contract for the supply of digital content that is not supplied on a durable medium and with your consent and confirmation of the loss of the right of withdrawal, the supply of digital content has started.
  
  Source: Right of withdrawal | Patērētāju tiesību aizsardzības centrs (ptac.gov.lv)"