Terms and conditions | Motomania Store

1. General provisions.

1.1. These purchase terms, together with the documents referred to in these terms, are intended to provide information about Benson Mobility SIA (the "Seller") and to set out the terms and conditions for the purchase and sale of goods sold in the online store (the "Terms") to the persons referred to in Clause 5.1 of the Terms (the "Buyer") who purchase the Goods (the "Goods") in the online store at https://motomania.store/.

1.2. These Terms shall apply when entering into any contracts between the Seller and the Buyer for the sale of the Goods (the "Contract"). Before ordering any Goods in the online store, please read the Terms carefully and make sure that you have understood them correctly. Please note that before completing an order, the Buyer must agree to these Terms and the Privacy Policy; if the Buyer refuses to do so, completion of the order and ordering of the Goods will not be possible.

1.3. These Terms may be amended in accordance with the procedure set out in Section 6 of the Terms. Each time Goods are ordered, it is recommended that the Buyer review the Terms so that the Buyer is satisfied that he/she/it fully understands the conditions under which the order will be placed in the relevant case.

1.4. These Terms and any Contracts between the Seller and the Buyer shall be drawn up and concluded only in the official state language.

2. Information about the Seller.

2.1. These Terms apply when purchasing the Goods at https://motomania.store/ (the "online store"). The Seller is Benson Mobility SIA, a limited liability company duly registered and operating in the Republic of Latvia, registration number 40203517881, address: Pildas iela 10, Riga, LV-1035, Latvia. Data about the Seller are collected and stored in the Register of Legal Entities, maintained by the state enterprise "Register of Enterprises". The Seller's VAT number is LV40203517881.

2.2. The Seller's contact information is provided in the "Contacts" section.

3. Goods.

3.1. Images of the Goods provided in the online store are illustrative. Although the Seller makes every effort to ensure that the colors of the Goods are displayed as accurately as possible, the Seller cannot guarantee that the screen of the Buyer's device will reflect the colors of the Goods accurately. The Buyer understands that the Goods may differ insignificantly from their images. Images of the Goods shown in the online store may also display additional accessories or components of the Goods that are not included in the sold Goods set or packaging. A Good shall be deemed to conform to the offer if it corresponds to the sample, model and/or description provided in the online store.

3.2. The packaging for transportation of the Good may differ from that shown in the images in the online store. A change in the packaging of the Good, in order to ensure proper and safe transportation of the Good, does not alter the Good and/or its properties and/or functions indicated in the online store.

3.3. Unless stated otherwise, all Goods offered in the online store are available. If the ordered Good cannot be purchased due to the circumstances specified in Clauses 5.9 and 10.5 of the Terms, the Buyer shall be informed thereof in writing without delay and the order for such Good shall be cancelled.

3.4. The Seller shall have the right to determine the minimum and/or maximum order quantity for a particular Good within one order.

4. Processing of personal data.

4.1. The Seller processes the Buyer's personal data in accordance with the Privacy Policy. Given that the Privacy Policy sets out important provisions of the Terms, the Buyer is advised to read it carefully and ensure that all provisions of the Privacy Policy are understood and acceptable.

5. Conclusion of the purchase-sale contract.

5.1. The following Buyers are entitled to purchase Goods in this online store:

a) a natural person with legal capacity who has reached the age of majority and whose legal capacity is not restricted;

b) a minor aged from 14 to 18 who has the consent of his or her parents or guardians, except where the person has been granted majority before reaching the age of majority or is otherwise considered to be of full age;

3) a legal entity.

5.2. By agreeing to these Terms, the Buyer confirms that he/she/it has the right to purchase Goods in this online store and that he/she/it falls within one of the categories of Buyers listed in Clause 5.1 of the Terms.

5.3. The procedure established by the Seller for ordering the Goods enables the Buyer to check and correct errors before the final submission of the order. The Buyer is advised to read and verify the submitted order carefully at each stage of the order submission process.

5.4. The Contract between the Buyer and the Seller shall be deemed concluded at the moment when the Buyer, in the online store, has created a shopping cart, indicated the Buyer's first name and surname, selected a delivery method and address, selected a payment method, become acquainted with these Terms, clicked the "Order" button, selected the payment method and paid for the order. If the Order is not paid for, the Contract shall be deemed not concluded. The Seller shall have the right to contact the Buyer using the telephone number or e-mail address indicated in the order on the basis of the concluded Contract or for resolving ambiguities related to the performance of the Contract.

5.5. When the Buyer submits the order and pays for it, the Seller sends the Buyer an e-mail confirming receipt of the order.

5.6. When preparing the order, the Seller informs the Buyer in writing that the Goods have been dispatched to the Buyer or are ready for collection at the customer service center (depending on which delivery method of the Goods has been selected).

5.7. Each Contract (order) concluded between the Buyer and the Seller shall be registered and stored in the database.

5.8. Upon concluding the Contract, the Buyer agrees that an electronic VAT invoice containing the purchase information will be sent to the specified e-mail address at the time of purchase. The invoice shall be sent by e-mail on business days no later than within 5 (five) business days from the moment the Seller dispatches or hands over the Goods to the Buyer. The VAT invoice shall be issued with the date of dispatch/handing over of the Goods (depending on which delivery method of the Goods was selected).

5.9. If the Seller is unable to sell the Good, for example because the Good is not in stock, the Good is no longer marketed, or due to an error related to the price or stock balance indicated in the online store, as specified in Clause 10.5 of these Terms, the Seller shall inform the Buyer thereof in writing and cancel the order. If the Buyer has already paid for the Good, the Seller shall make a full refund of the purchase amount for the particular Good and the related delivery costs within 14 (fourteen) calendar days from the moment such circumstances are identified.

6. Right to amend the Terms.

6.1. The Seller shall have the right to amend the Terms. Each time a Good is ordered, the version of the Terms in force at that moment shall apply to the conclusion of the Contract between the Seller and the Buyer. The version of the Terms that existed at the time of placing the Buyer's order shall apply to orders placed and not completed before the entry into force of the new Terms.

6.2. Each time the Terms are amended on the basis of Clause 6 hereof, the Seller shall inform the Buyer and notify thereof.

7. Return of Goods of proper quality and unilateral withdrawal from the Contract by a consumer exercising the right of withdrawal.

7.1. A Buyer who is a consumer (natural person) has the right to exercise the right of withdrawal, without indicating a reason, and to unilaterally withdraw from the Contract by returning the received Goods within the period specified in Clause 7.3 of these Terms. This means that during the said period, if the Buyer, after reconsideration or for other reasons, decides to refuse the Good, the Buyer has the right to notify the Seller of the wish to return the Goods to the Seller and to receive back the money paid. The costs of returning the Goods to the Seller shall be borne by the Buyer.

7.2. The Buyer (consumer) may not exercise the right of withdrawal and may not return the Goods in the cases specified in Clause 22 of Cabinet Regulation No. 255 of 20.05.2014 "Regulations regarding distance contracts", if:

a) the Good is manufactured according to the Buyer's instructions or the Good is clearly personalized (adapted to the Buyer's personal needs);

b) the Good is liable to deteriorate rapidly or its expiry date will soon expire;

c) the Buyer has opened the packaging of a Good which cannot be returned due to health protection or hygiene reasons;

d) due to its properties, the Good has become irreversibly mixed with other items after delivery;

e) the Buyer has opened the packaging of an audio recording, video recording or computer software;

f) newspapers, periodicals or magazines are supplied, except where they are supplied under a subscription contract.

7.3. The Buyer's right to unilaterally withdraw from the Contract within 14 days, return the Goods to the Seller and receive a refund by exercising the right of withdrawal shall apply only to consumers (natural persons) and shall arise from the date of conclusion of the Contract, as defined in Clause 5.4 of the Terms. Goods of proper quality may also be returned within a longer period in separate cases specified by the Seller, where the Seller provides the relevant information at the time of sale of the Good.

7.4. The 14-day period for exercising the right of withdrawal shall be calculated as follows:

a) if a Good is purchased by concluding the Contract, from the day on which the Buyer or a third party indicated by the Buyer, other than the carrier (courier), has received the Good;

b) if the Buyer ordered several Goods in one order which are delivered separately, from the day on which the Buyer or a third party indicated by the Buyer, other than the carrier, has received the last Good;

c) if a Good consisting of several lots or parts is delivered, from the day on which the Buyer or a third party indicated by the Buyer, other than the carrier, has received the last lot or part of the Good.

7.5. If the end of the 14-day period for exercising the right of withdrawal falls on an officially designated public holiday in the state, the right of withdrawal may be exercised until the following business day after the end date of the said period (inclusive).

7.6. In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Contract by sending or submitting a relevant written notice in free form containing the Buyer's statement of withdrawal from the Contract, or by completing the withdrawal form. The notice of withdrawal from the Contract or the withdrawal shall be submitted to the customer service center at Pildas iela 10, Riga, LV-1035, or sent electronically to the e-mail address: [email protected]. Upon receiving the Buyer's notice electronically, the Seller shall immediately send the Buyer confirmation of receipt of the notice to the Buyer's e-mail address.

7.7. The Buyer shall return or hand over the Goods to the Seller at the customer service center or to a person authorized by the Seller to accept the Goods without undue delay, but not later than within 14 (fourteen) days after submitting or sending the withdrawal form or notice of exercising the right of withdrawal to the Seller. The deadline shall be deemed met if the Buyer hands over or sends the Goods to the Seller before the expiry of the 14 (fourteen)-day period. The Buyer shall bear the costs of returning the Goods.

7.8. The Buyer has the right to inspect the Good in order to ascertain its nature, characteristics and functioning, but the use of the Good for ascertaining its nature, characteristics and functioning and for inspection shall be limited to the extent possible in a physical store.

7.9. The Buyer is responsible for any diminution in the value of the Good or use thereof contrary to good faith (including, but not limited to, the cases referred to in Clause 7.10 of these Terms), if during the period for exercising the right of withdrawal the Good has been used for a purpose other than ascertaining its nature, characteristics and functioning.

7.10. The returned Good must not be damaged or used in a manner exceeding the use necessary to ascertain and inspect the nature, characteristics and functioning of the Good. The Buyer shall endeavor to preserve the original packaging, labels and protective bags of the returned Good. The Goods must be returned in full completeness with all accessories with which they were sold, enclosing the instructions and warranty card for the Good, if these were supplied with the Good. Gifts or promotional products received together with the Goods must also be returned.

7.11. When returning the Good, the invoice number issued for it and the order number must be indicated. If possible, the Buyer shall attach the invoice so that the Seller can ensure the quickest possible refund to the Buyer for the purchased Good.

7.12. A Buyer who has returned the Goods shall be refunded all money paid for the Good, including delivery costs. The Seller shall refund the money for the Goods and the delivery costs no later than within 14 (fourteen) days from the day on which the Seller received information about the Buyer's decision to withdraw from the Contract. Current delivery and service charges are provided in the section "Delivery and collection of Goods". If the Buyer has chosen a delivery method other than the Seller's offered standard delivery method, the Seller shall not be obliged to reimburse the Buyer for additional delivery costs.

7.13. The Seller shall transfer the refund using the same payment method that the customer used to pay for the order.

7.14. The Seller is entitled to withhold the refund to the Buyer until the Seller has received the Good or the Buyer has submitted to the Seller proof that the Good has been sent back, depending on which action is performed first.

7.15. If the Goods were delivered to the Buyer after withdrawal from the Contract:

a) the Buyer must return the Goods to the Seller immediately;

b) except in cases related to a non-conforming Good, as provided in Clause 16.12 of the Terms, the Buyer shall be responsible for covering the costs of returning the Goods to the Seller;

c) the Buyer must take proper care of the preservation of the Goods until they are returned to the Seller;

d) the price of the Good and delivery costs shall be reimbursed to the Buyer in accordance with Clause 7.12 of the Terms.

7.16. In all cases, the Buyer shall have the rights arising from the sale of a non-conforming Good as provided by the laws and regulations of the Republic of Latvia. The return provisions set out in Clause 7 or other clauses of these Terms shall not affect the existence of such rights.

8. Delivery of Goods.

8.1. When ordering the Goods, the Buyer may choose one of the delivery methods for the Goods indicated in the description of the specific Good sold by the Seller and provided in the section "Delivery and collection of Goods".

8.2. Current delivery charges and deadlines are provided in the section "Delivery and collection of Goods".

8.3. If more than one Good is ordered, they may be delivered at different times because they are transported from different warehouses. If several Goods with different delivery deadlines are ordered, the overall delivery term for the Goods shall be determined according to the longest delivery deadline.

8.4. Title to the Good shall pass to the Buyer at the moment when the Buyer or the Buyer's authorized person has received the Good with the assistance of the selected delivery service. The risk of accidental loss of or damage to the Goods shall pass to the Buyer when the Buyer or a third party indicated by the Buyer, other than the delivery service, has received the Goods. If the Buyer chooses a delivery service not offered by the Seller, the risk specified in this clause shall pass to the Buyer from the moment the Good is handed over to the delivery service.

8.5. At the time of delivery of the Good, the Buyer or the third party indicated by the Buyer as the recipient must immediately inspect the condition of the shipment packaging. If the Buyer finds that the shipment is damaged, the Buyer must:

- indicate this to the service provider that delivered the Good;

- inform the Seller thereof;

- if the packaging has been opened, inspect the Goods inside the packaging and, if they are damaged, record the damage in photographs and send them to the Seller together with information about the damaged packaging.

8.6. If within 2 business days after delivery the Seller has not received information from the Buyer about detected damage to the delivery packaging of the Good, the shipment shall be deemed to have been delivered properly and with undamaged packaging.

8.7. Upon detecting damage to the shipment packaging, the Buyer or the third party indicated by the Buyer shall have the right not to accept the shipment. In such a case, the Buyer or the third party indicated by the Buyer shall submit a report to the organization providing the delivery services, indicating the detected damage.

8.8. Upon delivery and handover of the Goods, the Goods shall be deemed handed over to the Buyer regardless of whether the Goods are actually accepted by the Buyer or by any third party. If the Goods are not delivered on the planned delivery date, the Buyer shall inform the Seller thereof immediately, but no later than the day following the planned delivery date.

8.9. The Buyer must inspect the packaging, quantity, quality, assortment, accessories and completeness of the Goods within 14 (fourteen) days from the moment of delivery of the Goods. If the Buyer fails to fulfil this obligation within the specified period and does not submit a claim to the Seller, the packaging of the Goods shall be deemed to be in proper condition, and the quantity, quality, assortment, accessories and completeness shall be deemed to comply with the terms of the Contract.

9. Physical collection of Goods at the customer service center.

9.1. At the Buyer's choice, except in the cases provided in the section "Delivery and collection of Goods", the Goods ordered in the online store may be collected free of charge at the customer service center at Pildas iela 10, Riga, LV-1035.

9.2. After the Seller has prepared the Goods for collection, the Buyer shall be informed in writing that the Goods are ready for collection.

9.3. Usually, the time limits for preparing the Goods for collection are provided within the deadlines indicated in the section "Delivery and collection of Goods".

9.4. The ordered Goods must be collected at the customer service center no later than within 5 (five) business days from the moment the Seller has informed the Buyer in writing about the possibility of collecting the Goods. If the Goods are not collected within the period specified in this clause, the order shall be cancelled. In such a case, after cancellation of the order, the money paid by the Buyer for the Good shall be refunded immediately, but not later than within 14 days.

9.5. Title to the Good, upon collection at the customer service center, shall pass to the Buyer at the moment when the Seller hands over the Goods to the Buyer.

9.6. Upon collecting the Goods at the customer service center, the Buyer must prove identity by presenting an identity document.

9.7. The Goods may also be collected at the customer service center by a third party authorized by the Buyer. The Buyer must inform the Seller in writing of such authorization.

9.8. At the moment of collection of the Goods, the Buyer or the third party indicated by the Buyer must immediately inspect the packaging, quantity, quality, assortment, accessories and completeness of the Goods:

a) if damage to the packaging of the Goods or any discrepancy in the quantity, quality, assortment, accessories and completeness of the Goods is detected, the Buyer or the third party indicated by the Buyer has the right not to accept the Goods;

b) upon acceptance of the Goods by the Buyer or the third party indicated by the Buyer, the Goods shall be deemed to have been delivered in undamaged packaging and the quantity, quality, assortment, accessories and completeness of the Goods shall be deemed to comply with the terms of the Contract.

9.9. Additional information related to delivery of the Goods is provided in the section "Delivery and collection of Goods".

10. Price of Goods and delivery costs.

10.1. The prices of the Goods shall be those indicated in the online store. The Seller makes every reasonable effort to ensure that the prices of the Goods are correct at the moment when the Buyer submits the order. If the Seller notices inaccuracies in the prices of the Goods, Clause 10.5 of these Terms shall apply.

10.2. The prices of the Goods may change, but such changes shall have no effect on Contracts already concluded.

10.3. The prices of the Goods are indicated inclusive of VAT (where applicable) at the rate applicable at the relevant time in the Republic of Latvia. If the VAT rate changes during the period from the order date to the delivery date, the price may change taking into account the change in the VAT amount, except where the Buyer has paid in full for the Goods before the amendments to the VAT rate enter into force. The Seller shall inform the Buyer in writing of such price changes and provide the Buyer with the opportunity either to purchase the Good at the price adjusted to the amended VAT rate or to withdraw the order. The order shall not be fulfilled until the Buyer's response has been received. If the Buyer cannot be contacted within 5 business days using the contact details provided by the Buyer, the order shall be deemed withdrawn and the Buyer shall be informed thereof in writing.

10.4. The prices of the Goods do not include order preparation and delivery costs. The delivery charges indicated in the online store may change. Current delivery charges are provided in the section "Delivery and collection of Goods".

10.5. Given that the Seller's online store offers a very wide range of Goods, despite all the Seller's reasonable efforts, it cannot be excluded that the price of a Good may be stated incorrectly due to technical reasons beyond the Seller's control. If the Seller determines that the price of a Good has been stated incorrectly, the Seller shall inform the Buyer thereof in writing and cancel the order. If the Buyer wishes to purchase the same Good at the new, correctly indicated price, it must be ordered again.

10.6. Goods to which the legislation of the Republic of Latvia applies shall be subject to the reverse VAT payment procedure. Reverse VAT shall not apply if the VAT payer who has placed the order does not pay from its own bank account. When reverse VAT is applied, discounts shall not be granted.

11. Payment terms.

11.1. The Buyer may pay for the Goods:

a) using the Klix payment platform provided by AS "Citadele banka";

b) by bank transfer to the Seller's account indicated in the VAT advance invoice.

11.2. Legal entities are advised to indicate the company's registration number in the payment order information for faster payment identification. In this way, the order will be confirmed in the system more quickly and its execution will be started more quickly.

11.3. Receipt of payments is ensured by third parties that are not parties to the Contract concluded between the Buyer and the Seller. Such third parties authorized to provide non-cash payment services are responsible for the processing of the Buyer's data in accordance with the regulatory enactments governing the protection of personal data of natural persons and for data security.

11.4. If the Buyer chooses the payment method specified in Clause 11.1(b) of the Terms, the Buyer must confirm the payment order with the bank and inform the Seller thereof no later than within 12 (twelve) hours after clicking the "Order" button. If no information is received within the specified period that the Buyer has confirmed the payment, the Seller shall have the right to consider that the Buyer has refused to conclude the Contract and to cancel the order.

11.5. The Goods chosen by the Buyer shall be reserved in the Seller's system and the Seller shall start processing the order:

a) when the Klix system has confirmed successful execution of the payment or a financing agreement has been signed (in the case of Clause 11.1(a) of the Terms);

b) when payment for the Purchase has been received in the Seller's bank account (in the case of Clause 11.1(b) of the Terms).

11.6. The online store does not provide "Tax Free" services.

12. Obligations of the Buyer.

12.1. The Buyer undertakes to provide only correct and complete information in the purchase form. If the information indicated in the registration form changes, the Buyer must update it immediately.

12.2. The Buyer undertakes to use the online store honestly and properly and not to harm its operation or stable functioning. If the Buyer breaches this obligation, the Seller shall have the right, without prior warning, to limit, suspend or terminate the Buyer's possibility of using the online store, and the Seller shall not be liable for any losses of the Buyer related thereto.

12.3. The Buyer must pay for the ordered Goods and accept them in accordance with the procedure set out in these Terms.

12.4. Notwithstanding the obligations provided in other clauses of the Terms, the Buyer undertakes, before starting to use the Good (including before assembling, mounting, etc.), to inspect the Good and make sure that the received Good is the one ordered by the Buyer.

12.5. The Buyer must comply with other requirements provided for in these Terms and in the laws and regulations of the Republic of Latvia.

13. Obligations of the Seller.

13.1. The Seller undertakes:

a) to make every effort to ensure conditions enabling the Buyer to properly use the services provided by the online store;

b) to respect the Buyer's privacy and to process the Buyer's personal data only in accordance with the procedure laid down in the Terms, the Privacy Policy and the laws and regulations of the Republic of Latvia.

13.2. The Seller undertakes to comply with all requirements specified in these Terms.

14. Manufacturer's warranty.

14.1. Certain Goods sold by the Seller are covered by a manufacturer's warranty. Information about the warranty and the applicable conditions is set out in the manufacturer's warranty supplied with the Goods.

14.2. The manufacturer's warranty supplements the Buyer's rights related to defective Goods.

14.3. The manufacturer's warranty obligations shall apply provided that the operating rules of the Good have not been violated.

15. Quality of Goods.

15.1. The Seller guarantees the quality of the Goods (statutory quality guarantee). For different types of Goods, the Seller grants a quality guarantee valid for a specified period, the specific term and other conditions of which are set out in the documents supplied together with the Good.

15.2. Photographs of the Goods are intended for illustrative purposes only; the original products may differ from those shown. Photographs of the posted Goods may not be used as grounds for claims. A Good shall be deemed conforming if it corresponds to the sample, model or description provided in the online store.

15.3. The warranty provided by the Seller does not limit the Buyer's rights established by the laws and regulations of the Republic of Latvia when purchasing Goods of inadequate quality.

16. Warranty and the Buyer's rights in the event of a non-conforming Good.

16.1. Legal entities that are not Consumers shall be provided only with the Manufacturer's warranty for 1 year (12 months).

16.2. Defects in the Goods shall be remedied, and non-conforming Goods shall be replaced or returned, in accordance with the procedure established in these Terms and taking into account the requirements of the applicable laws and regulations of the Republic of Latvia.

16.3. A Buyer wishing to submit a complaint regarding defective Goods or Goods of incomplete completeness may do so in person or by e-mail to [email protected], by returning the potentially non-conforming Good to the customer service center at Pildas iela 10, Riga, LV-1035, Latvia.

16.4. When submitting a complaint, the Buyer must provide the following information:

a) the invoice number and order number of the Good. If possible, the Buyer shall attach the invoice so that the Seller can review the Buyer's complaint as quickly as possible;

b) the defect of the Good, signs of damage or the missing part;

c) other evidence, such as a photograph of the Good, a photograph of the defective part (if it is mechanical damage and can be photographed), a photograph of the packaging of the Good, etc.

16.5. When submitting a complaint, the Buyer must indicate one of the ways in which the Buyer wishes the complaint to be resolved:

a) the Seller shall remedy the non-conformity of the Good, i.e., the defects, free of charge within a reasonable period, if the defects can be remedied in accordance with the warranty conditions;

b) to reduce the purchase price accordingly, taking into account the depreciation of the Good or the benefit obtained by the Buyer from using the Good, as agreed between the Seller and the Buyer;

c) to replace the Good free of charge within a reasonable period with an analogous Good of proper quality, except where the defects are minor/insignificant or they arose due to the fault of the Buyer;

d) to terminate the Contract and refund to the Buyer the amount paid for the Good, except where the non-conformity of the Good is insignificant and cannot materially affect the Buyer's ability to use the Good. The non-conformity of the Good shall be considered insignificant if it does not substantially reduce the quality of performance of the Good's main functions or its usability and can be remedied without creating visually detectable changes in the external appearance of the Good.

16.6. A response to the complaint shall be provided within 15 (fifteen) days from the date of receipt of the complaint. If, for objective reasons, it is not possible to provide a response to the Buyer's complaint within the said period, the Seller shall immediately inform the Buyer thereof in writing, indicating a reasonable period within which the response will be provided and substantiating the need for such extension.

16.7. For questions relating to warranty service, the Buyer may also enquire by telephone +371 28664400 or by sending questions to the e-mail address: [email protected].

16.8. Potentially defective Goods shall first be delivered to the Seller's warranty service centers. Only after it is established in the warranty service centre that the Good is defective may the Buyer's request regarding defective Goods be satisfied.

16.9. The duration of warranty service is from 7 to 30 (seven to thirty) calendar days. In exceptional cases, if the Goods are sent to warranty service centers in another EU Member State, the warranty service process for the Goods may take from 14 to 70 (fourteen to seventy) calendar days, depending on the nature of the Good. It is emphasized that in all cases efforts are made to carry out the warranty service process within the shortest possible period.

16.10. Devices delivered for warranty service must not contain the Buyer's personal data and/or SIM/memory cards. The Seller shall not be liable for and shall not cover costs related to information stored in devices submitted for warranty service or the recovery and restoration of such information.

16.11. Uncollected Goods handed over for warranty service shall be stored for 3 (three) months. This period shall be counted from the first notice to the Buyer, using the contact information indicated by the Buyer (telephone, e-mail address, etc.), that the Buyer may collect the Good returned from the warranty service center. If the Buyer does not collect the Goods within the specified period, the Seller shall have the right not to store the Goods any longer and the Good may be disposed of. In such case, the Seller shall not be liable for the Buyer's information remaining in the uncollected Good or for other losses incurred by the Buyer in connection with the destruction of the Good.

16.12. If the Buyer (consumer) identifies a defective Good and wishes to return it, the Seller undertakes to ensure the return of the Good to the Seller, reimbursing the Buyer (consumer) for the costs of returning the Good. If the Buyer chooses a method of returning the Good that differs from the return method offered by the Seller, as a result of which disproportionate and higher costs arise, the Seller shall not be obliged to cover such costs of returning the Goods.

17. Liability.

17.1. The Buyer is liable for actions carried out using the online store, including, but not limited to, the accuracy of the data provided in the purchase form. The Buyer assumes responsibility for the consequences arising from errors or inaccuracies in the data provided in the registration form.

17.2. By completing the purchase form in the online store, the Buyer is responsible for the storage of his/her/its login data and/or disclosure thereof to third parties. If the services provided in the online store are used by third parties who have logged into the online store using the Buyer's login data, the Seller shall regard such person as the Buyer, and the Buyer shall be liable for all actions of such third party carried out in the online store.

17.3. The Seller, insofar as it is not contrary to the applicable law, shall be released from any liability in cases where losses arise because the Buyer, disregarding the Seller's recommendations and the Buyer's obligations, has not familiarized himself/herself/itself with these Terms, the Privacy Policy and other documents referred to in the Terms, although such opportunity was provided.

17.4. The Buyer must ensure the secure storage of the data used to log into the online store and must not disclose them, as well as ensure that such data are known only to the Buyer and used only by the Buyer, and must not transfer them or otherwise create the possibility for other persons to become acquainted with or use such data. If there is suspicion that the login data may have become known to another person, the Seller must be informed immediately, and the Seller must also be informed immediately of any breach or disclosure of the data used to access the online store. All actions performed using the Buyer's identification code shall be deemed to have been performed by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.

17.5. For breaches of the Contract concluded through the online store, the parties shall be liable in accordance with the procedure laid down by the laws and regulations of the Republic of Latvia.

17.6. If the Seller breaches the provisions of these Terms, the Seller shall be liable for the damage or loss suffered by the Buyer that arises as a foreseeable consequence of the breach of these Terms. Damage or loss shall be deemed foreseeable if it is an obvious consequence of the Seller's breach or if such damage or loss was contemplated by the Seller and the Buyer at the time the Contract was concluded.

17.7. The Seller supplies the Goods only for household needs and personal use. The Buyer undertakes not to use the Goods sold for commercial, business or resale purposes, and the Seller shall not be liable for any lost profit, business losses, interruption of operations or losses related to lost business opportunities of the Buyer.

17.8. The Seller shall not be liable for information provided on the websites of other companies, even if Buyers reach such websites through a link in the Seller's online store.

18. Force majeure.

18.1. The Seller shall not be liable for failure to perform or delayed performance of the Contract or any obligations set out in the Contract if such failure or delay has arisen due to force majeure circumstances.

18.2. If force majeure occurs that affects the proper performance of the Seller's obligations under the Contract:

a) the Seller shall inform the Buyer immediately;

b) performance of the Seller's obligations arising from the Contract shall be suspended and the deadline for performance shall be extended by a period equal to the duration of the event outside the Seller's control. If force majeure affects delivery of the Goods to the Buyer, the Seller shall agree on a new delivery date after the end of the force majeure circumstances.

19. Sending information.

19.1. The term "in writing" used in the Terms also includes communication by e-mail correspondence.

19.2. In order to contact the Seller in writing, the Buyer shall send an e-mail to [email protected] or a regular letter addressed to Benson Mobility SIA at Pildas iela 10, Riga, LV-1035, Latvia. The Seller shall inform the Buyer in writing of receipt of the notice (usually by e-mail). The procedure for the Buyer's contact with the Seller for the purpose of exercising the right of withdrawal and withdrawing from the Contract is set out in Clause 7.6 of these Terms.

19.3. The Seller shall send all notices to the Buyer to the e-mail address indicated by the Buyer in the purchase form.

20. Other provisions.

20.1. Any Contract concluded between the Seller and the Buyer shall be governed by these Terms together with the documents expressly referred to in the Terms. Any derogations from these Terms shall be valid only if made in writing.

20.2. Under the laws and regulations of the Republic of Latvia, the Buyer has certain rights relating to Goods of inadequate quality. No provision of these Terms shall be interpreted as limiting or restricting the exercise of such rights.

20.3. The Seller shall have the right to assign its rights and obligations under the Contract to a third party or parties; however, such assignment shall have no effect on the Buyer's rights and the Seller's obligations under these Terms. In the event of such assignment, the Seller shall inform the Buyer by providing information about the assignment in the online store.

20.4. The Buyer shall not have the right to assign all or part of the rights or obligations arising from these Terms to a third party or parties without the Seller's written consent.

20.5. If any provision of these Terms is held by a court to be unlawful, invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. Any provision of these Terms that is held to be unlawful, invalid or unenforceable only in part or to a certain extent shall remain in force to the extent that it was not held unlawful, invalid or unenforceable.

20.6. These Terms and the relations between the parties under these Terms (including issues relating to the conclusion, validity, application and termination of the Contract) shall be governed by and construed in accordance with the laws and regulations of the Republic of Latvia.

20.7. Any dispute, disagreement or claim arising out of or relating to these Terms, or their breach, termination or validity, shall be finally resolved in accordance with the procedure laid down by the laws and regulations of the Republic of Latvia.

20.8. Disputes between the Buyer and the Seller shall be resolved through mutual negotiations. If the Seller refuses to satisfy the Buyer's complaint or the Buyer disagrees with the solutions proposed by the Seller and determines that his/her/its rights or interests have been infringed, the Buyer may submit a complaint to the Consumer Extrajudicial Dispute Resolution Commission located at Brivibas iela 55, Riga, Latvia, LV-1010, which resolves consumer disputes (more information on dispute resolution is available at https://www.ptac.gov.lv/lv).

20.9. In addition to the above, the Buyer may use the online dispute resolution platform (ODR) to resolve disputes regarding goods or services purchased on the website. More information: https://ec.europa.eu/odr.

Effective from 21.05.2026.