TERMS OF SERVICE
1. General provisions
1.1. The website protuning.lv (“the Website”) is owned and operated by SIA “MUSCLE”, Ģertrūdes iela 77—14, Rīga, LV-1011, Latvia (hereinafter – “we” or “ProTuning”).
1.2. “You" means a natural person acting on its own behalf or as a representative of a legal entity who accesses or uses the Website or in any other way interacts with ProTuning.
1.3. By starting to use the Website, you consent to these Terms of Service and accepts them in whole, including related policies and rules, such as the Privacy Policy, Warranty & Returns Policy or rules of our partners. If you do not agree with these Terms of Service, stop using the Website.
1.4. By using the Website, you warrant that you are at least 18 years old and have a full legal capacity.
1.5. If you are residing outside Latvia, it is your sole responsibility to make sure that your use of the Website and (or) provided payment processing systems is allowed and possible under the applicable laws of the country of your residency.
1.6. Your use of the Website does not create any partnership, joint venture, employee-employer or franchise-franchisee relationship between you and us.
2. Sales contract
2.1. To make a contract for the sale of goods, you need to form and place your statement of intent to buy from the Website (“the Order”) that consists of:
2.1.1. nonempty list of products selected by you from goods showed on the Website at the moment of making the Order, generated using “Add to cart” Website functionality (button), and specifying the quantity of products;
2.1.2. your personal information provided on the terms of the Privacy Policy: full name; e-mail; shipping and billing addresses, including country, city, post (zip) code and street address; phone;
2.1.3. method of delivery chosen from the list of options available on the Website;
2.1.4. method of payment chosen from the list of options available on the Website.
2.2. The Order can be edited or annulled freely at any moment until it is finally submitted by clicking a button “Checkout and pay”.
2.3. After “Checkout and pay” button is clicked, if the payment method “Invoice” had been chosen, the Order is deemed to be a completed Order, and an invoice is automatically generated on the basis of data from the Order (“the Invoice”). After the Invoice is generated, it is immediately sent to you by the e-mail provided in the Order and is made available on the Website by direct link.
2.4. This electronically prepared Invoice is valid without signatures and stamps, as provided in the Latvian Accounting Act, Art. 71.
2.5. Your completed Order, as well as information on the products, their prices, delivery and other terms of sale provided on the Website, is not an offer, but an invitation to treat. The Invoice constitutes an offer.
2.6. Full and unconditional Invoice payment constitutes an acceptance, and, accordingly, conclusion of the sales contract.
3. Prices
3.1. All prices for the products designated on the Website do not include delivery costs, possible COD charges, payment processing fees, custom charges, tax charges (except for VAT) or other fees or levies. You bear them separately.
3.2. All prices on the Website include VAT 21%.
3.3. Prices may be changed without prior notification. The price may not be changed after concluding the sales contract.
3.4. Besides what is provided in the second sentence of the previous paragraph, all prices for the products on the Website are the same for all Website users. We do not discriminate buyers by the reasons of their country of residence, basing on information about their communication equipment or cookies.
3.5. Delivery costs depend on the shipping method chosen by you, the method of payment, the weight and the shipping destination. They are calculated automatically and shown in the shopping basket as a separate item.
3.6. If you choose to pay by PayPal, payment processing fees are calculated automatically and shown in the shopping basket as a separate item. If you pay by a bank transfer, you pay processing fees yourself. If you choose to pay by a credit card, you usually don’t bear payment processing fees.
3.7. Delivery costs and PayPal processing fee must be paid together with the price of ordered products, simultaneously and by one payment.
3.8. Delivery costs may not be changed after the conclusion of the sales contract.
4. Payment
4.1. The Invoice has to be paid in full sum by one payment.
4.2. The Invoice is valid during 72 hours after its formation. If it is not paid during this time, ProTuning has a right to declare it is not valid any more.
4.3. You have to pay the Invoice using one of the payment methods offered on the Website.
4.4. When you choose to pay by a credit card or PayPal, you are automatically redirected to the payment gateway of the according payment system, where the approval of payment happens according to the rules and interfaces of the payment system. This payment gateway is technically separated from the Website, and none payment data is transferred to us; we only receive the confirmation of payment from the payment system.
5. Delivery
5.1. Ordered products are delivered on the address and by the delivery method indicated by you while making the Order and designated in the Invoice.
5.2. Some delivery methods may be not available for shipping in particular countries.
5.3. Delivery is not made by us. Delivery is made by independent shipment companies according to their own rules and terms, including their delivery time terms.
5.4. We convey your ordered products to the shipment company after receiving the payment. We commit to do so as soon as possible; however, in case of unexpected difficulties with getting products from our suppliers or with shipment service providers we can delay the dispatch at our discretion . You will be notified by e-mail and (or) phone about the expected dates of dispatch and delivery. You can also see the delivery progress in your account on the Website.
5.5. Delivery time depends on the chosen method of delivery and the destination. Delivery time intervals provided on the Website while making an Order are approximate and provided only for estimation. We do not guarantee that they will be met.
5.6. In case you have chosen «Local pick up» method of delivery, the Order is stored for 3 (three) calendar months from the day the Order was made. In case you have chosen another method of delivery, but delivery failed, and the Order have returned to us, we store the Order for 3 (three) calendar months from the day the Order was made. In both cases, after expiration of 3-months term, the ordered goods become our property and their price is not repaid to you.
6. Transfer of risk
The risk of loss of or damage to the bought products 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. Limitation of Liability
7.1. IT IS YOUR DUTY TO REVIEW THE PHOTOS OF THE PRODUCT CAREFULLY BEFORE PURCHASING. RETURN OF THE PURCHASED PRODUCT OR CHARGEBACK IS POSSIBLE ONLY IF THE PRODUCT HAS SIGNIFICANT DIFFERENCES WITH THE DESCRIPTIONS, FIRST OF ALL, IF IT DOES NOT FIT THE STANDARD 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”).
7.2. To the extent permitted by applicable law, we are not liable for any harm caused to your car, driver and passengers of your car, as well as to other road traffic actors and their property.
7.3. We bears no responsibility for the payment processing, safety of your payment accounts or your personal data related to your payment, as long as the payment is made through payment systems.
7.4. 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; 2) viruses or other effects on your device resulted from use of the Website.
7.5. Other limitations of liability may be provided in the Warranty & Returns Policy and in the Privacy Policy.
8. Intellectual property rights
8.1. The Website, including its design and code, is copyrighted, and all the rights to it belong to us. The database of products for sale is protected under sui generis database protection rights. Copying of the website or the database of products, fully or partially, would be a violation of our exclusive rights.
8.2. All the exclusive rights, including intellectual property rights, to materials published or distributed by ProTuning belong to us or our partners (including our wholesalers). All rights not expressly granted to you are reserved by us.
8.3. 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 the Website without our prior written consent.
8.4. The information that you obtain from the Website, including, but not limited to, text-based content, may only be used within the prescribed limits and solely for personal non-commercial use.
9. Applicable law and jurisdiction
9.1. This section applies without prejudice to mandatory rules of Private International Law and European consumer protection law.
9.2. Your relationships with ProTuning are governed by and shall be interpreted under the laws of Latvia, without giving effect to their conflict of law rules. The United Nations Convention on Contracts for the International Sales of Goods does not apply.
9.3. In case of a dispute between you and us, you must first contact us directly by email at orders@protuning.lv to try to solve the conflict peacefully.
9.4. If negotiations fail, Riga City Vidzeme District Court shall have the jurisdiction over the dispute. If the actual buyer is a legal entity or a natural person who carries out an economic activity, the dispute shall be submitted to the Riga Arbitration Court, to the panel of one arbitrator in accordance with the rules of the Riga Arbitration Court. We also have a right to file a suit at the court of your place of residence.
10. Miscellaneous
10.1. You may not assign your rights and obligations under the contract to the third person without our consent.
10.2. 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.
10.3. We may add, modify and delete terms of sell for particular items available on the Website at any time, in our own discretion.
10.4. 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 on the Website. All amendments automatically become effective after 10 (ten) days after the publication. If you do not agree to the amendments, please stop using the Website. It is your sole responsibility to regularly check the Website in order to monitor changes in these Terms of Services.