Returns and Right of Withdrawal Policy
These terms set out the procedure for returning goods to SIA “Feraks”, distinguishing between a consumer’s right of withdrawal from a distance contract, claims concerning goods that do not conform to the contract, and returns by legal entities.
Right of withdrawal for distance contracts
A consumer has the right to withdraw from a distance contract within 14 days from receipt of the goods without giving a reason, except where an exception provided by applicable law applies.
To exercise the right of withdrawal, the consumer must send SIA “Feraks” an unequivocal notice of the decision to withdraw before the 14-day period expires. The consumer must be able to prove that the notice was sent within the applicable period.
After sending the withdrawal notice, the goods must be returned or handed over to SIA “Feraks” without undue delay and no later than 14 days thereafter.
General provisions ▲
For a Buyer that is a legal entity, returns, exchanges and claims concerning non-conforming goods are handled in accordance with the agreement between the parties, individually agreed transaction terms and applicable law. Consumer withdrawal rights do not apply to legal entities unless the Seller has expressly agreed otherwise in writing.
For a Buyer who is a natural person, consumer rights apply only where the goods are purchased for purposes outside that person’s trade, business or profession.
Cases where the right of withdrawal does not apply ▼
The right of withdrawal does not apply in cases provided by law, including goods made to the consumer’s specifications or clearly personalised; goods liable to deteriorate or expire rapidly; sealed goods not suitable for return for health protection or hygiene reasons once opened after delivery; goods which, due to their nature, become inseparably mixed with other items after delivery; and other cases provided by applicable law.
Before opening or using a product, the Buyer is advised to check whether a statutory exception to the right of withdrawal may apply.
Inspection, condition and diminished value of goods ▼
During the withdrawal period, the consumer may inspect the goods only to the extent that would be permitted in a physical shop in order to establish their nature, characteristics and functioning.
The consumer is responsible for preserving the quality and safety of the goods during the withdrawal period. If the goods have been handled beyond what is necessary for inspection or have not been handled with due care, the consumer is responsible for any resulting diminished value.
Upon receiving returned goods, SIA “Feraks” may inspect their condition, completeness, signs of use and other circumstances affecting value and, to the extent permitted by law, claim compensation for an established and justified diminution in value.
The absence of original packaging does not in itself remove the right of withdrawal. However, the Buyer must package the goods so that they are not damaged during return transport. Retained accessories, instructions, components and packaging may be relevant when assessing the condition and value of the goods.
Damaged or non-conforming goods ▼
If a consumer identifies a possible lack of conformity, a claim may be submitted to SIA “Feraks” at info@ferax.lv, providing information necessary to identify the order or purchase, a detailed description of the issue and, where objectively possible, photographs, video or other material that assists in assessing the claim.
SIA “Feraks” may request reasonably necessary additional information and arrange inspection, diagnostics or examination of the goods. Such steps must not unjustifiably restrict the consumer’s statutory rights.
A consumer may submit a claim concerning lack of conformity within two years from delivery of the goods and must submit the claim no later than two months after discovering the lack of conformity.
Where applicable law provides such a sequence of remedies, the consumer may first request repair or replacement, subject to proportionality requirements. A price reduction or termination of the contract and refund may be requested in the cases provided by law.
Circumstances for which the Seller is not responsible ▼
SIA “Feraks” is not responsible for damage or deterioration arising after delivery as a result of the Buyer’s actions, including misuse, mechanical impact, improper storage, care or operation, failure to follow manufacturer instructions, unauthorised modification or repair, or normal wear and tear, to the extent that applicable law does not place responsibility on the Seller in the particular case.
Where the cause of damage or non-conformity is disputed, it is assessed taking into account the nature of the goods, the time of delivery, conditions of use, available evidence and the applicable statutory rules on burden of proof.
How to return goods ▼
To allow SIA “Feraks” to identify and process a return efficiently, the Buyer is requested to notify customer service at info@ferax.lv before dispatch and provide the order number or other purchase-identifying information. This requirement does not in itself restrict a consumer’s right of withdrawal where the consumer has unequivocally notified the Seller within the statutory period by another provable means.
Goods should be sent or delivered to: SIA “Feraks”, Meldru iela 1, Liepāja, LV-3401, Latvia. Another method of handover may be arranged with the Seller.
The Buyer must ensure that returned goods are safely packaged in a manner appropriate to the goods and the method of transport.
Return costs ▼
When exercising the right of withdrawal, the consumer bears the direct cost of returning the goods if properly informed of that obligation before conclusion of the distance contract and the Seller has not agreed to bear those costs.
If the goods do not conform to the contract and the consumer’s claim is justified, repair or replacement is provided free of charge in accordance with applicable law.
Refund when exercising the right of withdrawal ▼
When a consumer exercises the right of withdrawal, SIA “Feraks” refunds payments received from the consumer, including the Seller’s standard delivery cost, without undue delay and no later than 14 days after receiving the withdrawal notice.
If the consumer selected a delivery method more expensive than the least expensive standard delivery method offered by the Seller, the additional delivery cost is not refunded.
The Seller may withhold reimbursement until the goods have been received back or the consumer provides evidence of having sent them back, whichever occurs first, except where applicable law provides otherwise. Reimbursement is made using the same means of payment as the original transaction unless the parties expressly agree otherwise.
Complaints and dispute resolution ▼
If a dispute cannot be resolved through negotiations, the consumer may submit a written complaint to SIA “Feraks”. To facilitate an objective and efficient review, the complaint should include information identifying the Buyer and transaction, the substance of the claim and the material circumstances.
SIA “Feraks” provides a written response to a consumer complaint within 15 business days from receipt. If objective reasons make this impossible, the consumer is informed in writing of the reason for the extension and of a reasonable period within which a response will be provided.
If no agreement is reached, the consumer may use the dispute resolution mechanisms provided by applicable law.
Unfulfilled or partially fulfilled order ▼
If the Seller cannot supply a paid item, the Buyer is informed and the amount received for the undelivered item is refunded using the original payment method or another method agreed with the Buyer, within the time limits required by applicable law.
This Policy does not limit consumer rights provided by applicable mandatory law. If any provision of this Policy conflicts with a mandatory legal rule, the applicable legal rule prevails.
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