Terms of Use

Valid from 02/01/2020.

Please read these Terms of Use carefully before using the Website and Online Store www.groundscrews.shop.

1. GENERAL PROVISIONS

1.1. These Terms of Use (hereinafter referred to as the "Terms") determine (1) the terms of use of the Site and the online store www.groundscrews.shop (hereinafter - groundscrews.shop) and (2) the legal relationship between the Buyer and the Seller.
1.2. SIA "Ponton.LV", single registration number 40003808253, legal address: Rīga, Stigu iela 4, LV-1021, tel. number: +371 2924 3934 (the “Seller"), provides the content available on groundscrews.shop, and provides services in accordance with these Terms.
1.3. For the purposes of these Terms, the Buyer is an individual who is not a VAT payer and who buys goods on groundscrews.shop offered by groundscrews.shop and who pays for these goods or services by wire transfer to a private person’s bank account (the “Buyer”). These Terms are binding on each Buyer, regardless of whether the Buyer creates his account on the Site.
1.4. The right to make purchases on groundscrews.shop belongs to individuals with legal capacity, that is, persons who have reached the age of majority, and their legal capacity is not limited in the manner prescribed by regulatory enactments.
1.5. An individual, within the meaning of these Terms, is also an individual who is registered as a buyer of goods on groundscrews.shop and makes a cashless transfer of goods through a bank account of a legal entity.
1.6. If the Buyer orders and buys goods offered by the groundscrews.shop online store and uses other services of groundscrews.shop, it is believed that the Buyer has read and unconditionally agrees to the terms of the distance agreement.
1.6.1. A remote agreement (hereinafter referred to as the Agreement) is concluded between the Seller and the Buyer, who places an order and makes a purchase on groundscrews.shop. The Agreement shall enter into force when the Buyer has placed the order via remote communication and received from the Seller an order confirmation made by e-mail. An order and confirmation of receipt are deemed received when they are available to the person to whom they are addressed. The contract is valid until its completion, i.e. until the delivery of the goods order. The agreement applies to all orders and purchases made at the groundscrews.shop online store.
1.6.2. The seller does not store the contracts for goods purchased by groundscrews.shop, they are available to the Buyer every time before purchase.
1.7. The seller reserves the right to amend and supplement the Terms unilaterally at any time without prior notice by publishing them in the "Terms of Use" section of groundscrews.shop. The buyer is subject to the Terms and Conditions in force at the time of ordering goods and services. Before making any purchase, the Buyer is obliged to independently familiarize himself with the Terms of Use of groundscrews.shop, and the Buyer has the opportunity to save them on a permanent medium or print it.
1.8. The buyer does not have the right to use the services of the groundscrews.shop online store if he has not read or does not agree with the Terms.
1.9. If the Buyer does not comply with the Terms, the Seller has the right to withdraw or restrict the Buyer's access to groundscrews.shop.
1.10. The seller has the right to temporarily restrict access to groundscrews.shop or terminate the online store groundscrews.shop with or without notice to groundscrews.shop.

2. PRODUCT CHARACTERISTICS AND PRICES

2.1. Commodity prices at groundscrews.shop are indicated in euros, including value added tax (VAT). Product price does not include shipping costs.
2.2. The seller reserves the right at any time and without prior notice to unilaterally change the range of goods, prices, set special prices for goods. Goods are sold at prices at the time of placing the order.
2.3. The seller reserves the right to change specifications at any time without prior notice. Product descriptions and information provided by manufacturers are used.

3. The procedure and procedure for payment

3.1. Both registered and non-registered users can order and buy goods offered by groundscrews.shop.
3.2. To purchase goods in the online store groundscrews.shop, you must perform the following steps:
3.2.1. select an item (or items), add it to the "Basket",
3.2.2. after placing all the selected products in the "Basket" click "Place an order";
3.2.3. After filling in all the necessary data fields, click "Place an order". Payment in full is made by bank transfer.
3.3. You can pay by the following payment method:
3.3.1. by bank transfer on the issued electronic invoice.
3.4. The seller has the right to refuse to sell goods ordered by groundscrews.shop, informing the Buyer if:
3.4.1. the goods are not in the Seller’s warehouse or are not available in quantity, in accordance with the order;
3.4.2. product price and parameters do not correspond to actual product information due to a technical error in the system.
3.4.3. The buyer is not familiar with the groundscrews.shop Terms.
3.5. The order is considered placed at the time of receipt of funds to the account of the Seller.
3.6. The order is considered mandatory for the Buyer and the Seller at the moment when the Buyer placed the order and received a confirmation from the Seller by e-mail. An order and confirmation of receipt are deemed received when the person to whom they are addressed has access.
3.7. The buyer must verify the information and data specified in the order. In the event of any discrepancy between the information and / or data, the Buyer must notify the Seller by e-mail: info@groundscrews.shop. The order and confirmation of receipt can be stored by the Buyer on a durable medium or printed out.

4. DELIVERY (RECEIPT) OF THE GOODS

4.1. The goods ordered by the groundscrews.shop online store must be received by the Buyer at the GROUNDSCREWS.SHOP warehouse if the Buyer selected the option “Pick up from the warehouse” when placing the order, taking into account the working time of the warehouse. The buyer can also choose to deliver the ordered goods to the desired address in accordance with the delivery options offered by groundscrews.shop. The cost and terms of delivery of the goods to the desired address will be specified by the Seller and the Buyer after placing the order.
4.2. Not later than within 3 (three) to 5 (five) business days after the purchase price of the goods specified in the Buyer's order has been fully received at the Seller’s account, the Seller must prepare the goods for delivery to the Buyer. When the goods are ready for dispatch, the Seller notifies the Buyer by sending a notification to the Buyer's email address or sending an SMS. The notification or SMS contains the details of the order: order number and delivery place (warehouse GROUNDSCREWS.SHOP or the address chosen by the Buyer).
4.3. Delivery or receipt of an order is possible only upon full payment of the order.
4.4. Before receiving the goods at the GROUNDSCREWS.SHOP warehouse, the Buyer must present an identity document - a passport or identity card, as well as an order number or order confirmation. The goods are issued only to the Buyer, the details of which are indicated in the corresponding order. If the Buyer does not show the order number or order confirmation or identification document, the Seller has the right not to deliver the goods.
4.5. The buyer must pick up the goods from the GROUNDSCREWS.SHOP warehouse within 7 (seven) business days, unless otherwise provided by law. The deadline for receipt of the Goods is calculated from the date of receipt of receipt of the Goods to the Buyer's email address or from the date of such notification via SMS.
4.6. If the Buyer has not taken the goods 4.5. above, the Buyer is considered to have violated the terms of the Agreement. In this case, the Seller has the right to unilaterally withdraw from the Agreement and demand from the Buyer to reimburse the Seller any additional costs incurred by the Seller in connection with the item (for example, storage costs, etc.). The Seller reimburses the Buyer for the amount of money paid for the Product, withholding any additional costs incurred by the Seller.
4.7. Delivery of the Goods to the Buyer is carried out in accordance with the invoice and invoice, signed by the Buyer and the representative of the Seller. An order is deemed completed from the moment of receipt of the goods and the signing of the specified documents. If the Buyer decided to deliver the goods to the desired address, the order is deemed completed with the delivery of the goods, as evidenced by the Buyer's signature on the courier’s document or in a device specially designed for this purpose. The Seller informs the Buyer about the completion of the order by sending a notification using the Buyer's email address or sending an SMS message.

5. CANCELLATION AND CHANGES IN ORDER

5.1. To make changes to the order, the Buyer must contact GROUNDSCREWS.SHOP support by e-mail: info@groundscrews.shop
5.2. To cancel the order, the Buyer must contact GROUNDSCREWS.SHOP support team by e-mail: info@groundscrews.shop or cancel the order in the "My Orders" section if the order was made from a registered account and the order status is "Pending".

6. RIGHT OF EXIT

6.1. The Buyer can exercise the right of withdrawal and terminate the Agreement within 14 (fourteen) days and return to the Seller the goods purchased on groundscrews.shop. The term for exercising the right of withdrawal starts from (1) the date on which the Buyer or a third party, except for the carrier and specified by the Buyer, purchased the Goods; (2) from the date of conclusion of the contract, if the service is provided; (3) if the Buyer has ordered several goods for delivery separately, starting from the date when the Buyer or a third party, in addition to the carrier specified by the Buyer, took possession of the last product; (4) in the case of delivery of a consignment consisting of several consignments or parts, from the date on which the Buyer or a third party other than the carrier specified by the Buyer takes possession of the last batch or part.
6.2. The Buyer is obliged to inform the Seller about the decision to cancel the Agreement before the expiration of the cancellation period by:
6.2.1. The buyer can electronically fill out and send this withdrawal form or any other explicit notice using the GROUNDSCREWS.SHOP customer support email address: info@groundscrews.shop.
6.3. If the Buyer does not use the standard withdrawal form, the Buyer must indicate the following information in the notice on the use of the right to withdraw:
6.3.1. Order number;
6.3.2. date of placing the order;
6.3.3. date of purchase of goods;
6.3.4. Name and surname of the buyer;
6.3.5. The exact name of the product
6.3.6. The number of the bank account to which the money should be returned.
6.4. The Buyer must return the goods to the Seller without undue delay, but no later than 14 (fourteen) days after sending the Seller a refusal form or notification of the use of the right to recall. The deadline is considered met if the goods are returned or returned before the expiration of 14 (fourteen) days.
6.5. The buyer returns the goods to the GROUNDSCREWS.SHOP warehouse or mails them. When returning the order by mail, it should be sent to the following address: "Brunaviņas", Dreliņi, Stopiņu novads, LV-2130.
6.6. The seller undertakes, without undue delay, but no later than 14 (fourteen) days from the date of receipt of the Buyer's notification of withdrawal of funds, to refund the amount paid to the Buyer, including the lowest shipping cost. Unless otherwise agreed between the Buyer and the Seller, the Seller shall refund this amount with the same means of payment as the Buyer.
6.7. The Seller has the right to withhold the refund of the amount paid by the Buyer until the Seller receives the goods or the Buyer provides the Seller with confirmation that the goods have been returned.
6.8. If the Buyer clearly wishes to use a delivery method different from the cheapest standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Buyer for any additional shipping costs.
6.9. The Buyer's direct costs associated with the return of the goods shall be borne by the Buyer.
6.10. The buyer is responsible for maintaining the quality and safety of the product throughout the exercise of the right to recall. By exercising the right of exemption, the Buyer is responsible for any reduction in the value of the goods if the goods are used for purposes other than clarifying the nature, properties or characteristics of the goods.
6.11. During the exercise of the right of withdrawal, the Buyer has the right to use the Product only to the extent necessary to verify the nature, characteristics and characteristics of the Product (to the extent that this can be done before purchase at the Point of Sale). The buyer must ensure that the product is not damaged or does not lose its original appearance and remains in full condition. Under the laws and regulations governing consumer rights, the Buyer must ensure that the original packaging of the product is preserved and that no serious damage is found (if it is impossible to open the package without damaging it). In the event of damage to the Product or any other damage to the Product or its packaging, the Seller reserves the right to bring a civil lawsuit against the Buyer in accordance with his legal rights, as well as any other rights provided for by laws and regulations.
6.12. The buyer should, as far as possible, return the goods in the original packaging, in the same set as received, along with accompanying documents - a warranty card (if any), instructions for use and other documents related to the goods.
6.13. The right of withdrawal does not apply to:
6.13.1. delivery of goods is made according to the specifications of the buyer or is clearly personalized;
6.13.2. the supply of goods that may deteriorate or expire quickly;
6.13.3. the supply of sealed goods that are not suitable for return due to health or hygiene and that open after delivery;
6.13.4. the supply of goods which, as a result of their supply, by their nature are constantly mixed with other goods;
6.13.5. the supply of goods or services whose price is subject to fluctuations in the financial market, which the Seller cannot control and which may arise during the withdrawal period;
6.13.6. service contracts after the provision of the service in full, if the execution began with the explicit prior consent of the Buyer and confirmation that he will lose the right to withdraw as soon as the Seller has fully completed the Agreement;
6.13.7. in other cases provided for by applicable law.

7. WARRANTY

7.1. Products offered in the groundscrews.shop online store, if indicated in the accompanying documents and in the groundscrews.shop online store, are covered by the manufacturer's warranty. The warranty period depends on the manufacturer’s warranty and is usually at least 2 (two) years, but the manufacturer may also indicate a shorter or longer warranty period.
7.2. Manufacturer's warranty is valid provided that:
7.2.1. Original purchase confirmation. A payment order and bank statement of payment are not considered proof of purchase;
7.2.2. a completed warranty card (booklet or receipt), if included by the manufacturer or distributor.
7.3. To obtain warranty service from the manufacturer, the buyer must deliver the goods:
7.3.1. to the service center indicated on the warranty card, or
7.3.2. At the storefront GROUNDSCREWS.SHOP.
7.4. The costs associated with the transportation and preparation of the order shall be borne by the Buyer.
7.5. The guarantee is obligatory for its issuer (manufacturer) in accordance with the terms of the guarantee document.
7.6 The manufacturer’s warranty does not cover accessories, supplies, batteries, and supplies.
7.7. The manufacturer’s warranty is invalid if the product was damaged due to the Buyer's fault.

8. CLAIMS CONCERNING GOODS OR SERVICES CONCERNING THE CONTRACT

8.1. Regardless of the manufacturer’s warranty, if the Buyer is an individual within the meaning of the Consumer Protection Act, the Buyer has the right to sue the Seller for non-compliance with the terms of the contract within 2 (two) years from the date of purchase. The Buyer is obliged to submit a claim to the Seller within 2 (two) months from the date of detection of non-compliance of the goods or services with the terms of the contract.
8.2. The Buyer, to whom the non-conforming element was sold or put into operation, may impose one of the following requirements on the Seller:
8.2.1. to correct the discrepancy of the goods or reimburse the costs of eliminating the discrepancy of the goods;
8.2.2. exchange goods for equivalent or equivalent goods that will ensure compliance with the terms of the contract;
8.2.3. terminate the contract and return the amount paid for the goods;
8.2.4. lower the price accordingly.
8.3. Firstly, the Buyer has one of the following requirements for the Seller:
8.3.1. elimination of product mismatch for free;
8.3.2. exchange goods for goods that comply with the terms of the contract.
8.4. If the discrepancy of the goods with the terms of the contract is insignificant and cannot significantly affect the Buyer's ability to use the goods, the Buyer may not require the Seller to terminate the contract and return the amount paid for the goods.
8.5. The Buyer, who was provided with a service that does not comply with the terms of the contract, first of all has the right to demand from the Seller a free correction of the non-compliance of the service provided with the terms of the contract. If this is not possible, the Buyer has the right to ask the service provider to reduce the price of the service or to return the money paid for the service, respectively. When reducing the price or terminating the contract and returning the amount of money paid to the consumer for the service, the Seller takes into account the benefit for the buyer from using the service.
8.6. The right of the buyer to file a claim for non-compliance of the goods or services with the terms of the contract set forth in clauses 8.1, 8.2, 8.3, 8.4. and 8.5 applies to all purchases made through the groundscrews.shop online store.
8.7. In order to submit an application for a product or service that does not meet the terms of the contract, the Buyer is invited to fill out a claim form and submit it to the Seller. A copy of the proof of purchase, accompanied by the original, must be submitted by the Buyer together with a statement of non-compliance of the goods or services.
8.8. The Seller is not responsible for any defects in the goods resulting from normal wear and tear, intentional damage, negligence, inappropriate working conditions, non-observance of the operating instructions, improper use, alteration or repair, if the Buyer independently repairs without the knowledge of the Seller.
8.9. In cases where the product is not suitable for the Buyer in terms of size, color, shape or for other similar reasons, but meets the terms of the contract, the Buyer is not entitled to demand the exchange of goods for another product. As with the exchange of goods, the Buyer cannot demand a refund if the goods are free from defects and damage, but simply do not like or do not need it. This provision does not prejudice the Buyer's legal right to withdraw funds from purchases made through the groundscrews.shop online store.

9. PROTECTION OF PERSONAL DATA

9.1. Personal data provided by Buyers is processed in accordance with the laws and regulations governing the processing and protection of personal data. When processing and storing the Buyer's personal data, the Seller uses organizational and technical means to protect personal data and prevent illegal processing. For more information about the processing of personal data at groundscrews.shop, see the "Privacy Policy" section.

10. Cookies

10.1. Groundscrews.shop uses cookies, which provide a wider use of the online store groundscrews.shop. For more information about cookies, see the "Privacy Policy" section of groundscrews.shop.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. groundscrews.shop is the property of the Seller and the seller’s cooperation partners and is protected in accordance with the laws of the Republic of Latvia.
11.2. Publishing, reproducing, transmitting, storing, modifying or adding content (including but not limited to: published materials, logos, images, graphics, etc.) groundscrews.shop for commercial purposes is prohibited unless copyright or other intellectual rights exist property. If the owner has not given his consent to such actions. This prohibition does not apply to downloading and storing content on a computer, tablet or smartphone and printing only for personal (non-commercial) use.
11.3. The contents of groundscrews.shop may be cited in accordance with applicable intellectual property laws. If the content is cited, its source must be indicated, but it is forbidden to reproduce, publish or distribute the trademarks or logos contained in groundscrews.shop without the prior written consent of the owner of these trademarks or logos.
11.4. In case of violation of intellectual property rights groundscrews.shop, the Seller or other persons whose rights have been violated may file a lawsuit against the Buyer in accordance with the laws of the Republic of Latvia.

12. LINKS

12.1. For convenience and customer awareness, links to third-party websites may be provided at groundscrews.shop. These links are provided for informational purposes only. The seller is not responsible for any information provided or published by third parties, even if the information is available through the link to groundscrews.shop. Third parties are solely responsible for posting the necessary information on their websites, and the Seller is not responsible for any incomplete, incorrect or false information.
12.2. When visiting third-party websites, Buyers should familiarize themselves with the terms of use and privacy policy of these websites.

13. RESPONSIBILITY

13.1. If an individual or legal entity does not comply with the provisions of Rules 1.3, 1.5. or 1.6. then the concluded contract is considered invalid and is liable to the Seller for any losses.
13.2. Seller is not responsible for any costs, damages or losses that may arise as a result of using the information provided by groundscrews.shop, or due to the inaccessibility of the website or online store groundscrews.shop for any reason, or the operation of groundscrews. shop has been interrupted or interrupted. This does not prejudice the rights of the Buyer in accordance with the Law on the Protection of Consumer Rights. If the product or service offered by groundscrews.shop is not available, the Buyer has the right to unilaterally terminate the contract. In this case, the Seller reimburses the Buyer for any amounts paid under the contract.
13.3. The seller does not assume any risk or responsibility if the Buyer is not familiar or partially not familiar with the Terms and Privacy Policy.
13.4. The seller is not responsible for the images in the groundscrews.shop online store, etc. The color, size, shape or other characteristics of the goods that are not the main characteristics of the goods, which is obvious from the actual characteristics of the goods.
13.5. The buyer assumes all risks and responsibility for purchases made by the groundscrews.shop online store, including receipt (acceptance) of goods. Upon delivery of the goods to the Buyer, the risk of loss or damage to the goods passes to the Buyer as soon as the Buyer or his representative identified cases.
13.6. The Seller is not liable for any delays or defaults or other defaults due to circumstances and obstacles beyond the reasonable control of the Seller that could not reasonably be foreseen, including, but not limited to, strikes, government orders, military operations or emergency situations in the country , environmental or climate anomalies, interference on the Internet, communications equipment, computer hardware and software failures.

14. OTHER PROVISIONS

14.1. Information exchange. The Seller contacts the Buyer by e-mail, postal address or phone number of the Buyer. The buyer can use the contact forms specified in the "Contact Us" section of groundscrews.shop.
14.2. In case of any questions or disagreements, the Buyer must contact GROUNDSCREWS.SHOP support by phone or email. He can also file a complaint through the ODR platform (https://ec.europa.eu/consumers/odr/main/).
14.3. The operation of the Site and the online store groundscrews.shop is regulated and regulated by the legislation of the Republic of Latvia. Relations arising from transactions with Buyers when the Buyer is an individual within the meaning of the Consumer Rights Act are governed by the Consumer Protection Act and other regulations relating to consumer protection.
14.4. Any dispute that may arise should, as far as possible, be resolved through negotiation. If an agreement is not reached, the Buyer has the right to submit a written application to the Seller by sending it to the email address of customer support: info@groundscrews.shop, indicating their contact details, filing date, nature of the dispute, claims and their justification, and other supporting documents. The Seller shall consider the Buyer's application within 15 (fifteen) business days, but if objectively impossible, within a reasonable period of time, informing the Buyer about the extension of the examination period and the need for an extension.
If the Buyer is not satisfied with the Seller’s response, the Buyer has the right to contact:
1) Consumer Rights Protection Center, to help resolve the dispute;
2) use the alternative dispute resolution options provided for in regulatory enactments, namely, apply to the Consumer Dispute Resolution Commission. Information on the possibilities of out-of-court dispute resolution can be found on the website of the Consumer Rights Protection Center (http://www.ptac.gov.lv/en);
3) directly in accordance with regulatory enactments of the Republic of Latvia.