These General Terms and Conditions (hereinafter referred to as “Terms”, “Terms and Conditions“) shall apply to companies and legal entities existing under applicable law. 

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We do not work with individuals.

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These Terms shall apply exclusively. Other laws and rules, which differ from, conflict with or supplement these Terms, shall apply only in cases and to the extent, as it has been expressly agreed by the Seller in writing. These Terms shall also apply to future deals between the parties.

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In certain cases individual written agreements concluded with the Buyer (including addendums, supplements and amendments) shall prevail over these Terms. Individual agreements take precedence over these Terms only if this is expressly stated therein. A written confirmation from the Seller is required to determine the content of such agreements.

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Legally valid statements and notices which shall be provided by the Buyer to the Seller after contract conclusion (e.g. determination of deadlines, defects report, termination notice) shall be valid only if made in writing.

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In case of discrepancies between English version and other language versions of these Terms, the English version shall prevail.

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Alterations, supplements and (or) amendments to the present Terms and Conditions and to the information on website, which forms in its entirety an integral part of the Terms, may be made at any moment by the Seller at his sole discretion with notification of the Buyer by publishing a new version on website www.parts.neoten.eu. Alterations and supplements along with new version of the Terms shall be effective as of the date of its publication on the website. The Buyer is solely responsible for reading the current version of the Terms published on the website at the time of placing a specific order.

All offers sent by SIA NEOTENshall be deemed as free and non-binding.

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The Buyer places an order for goods via the online store. The price, delivery terms, and other terms of delivery of the goods specified on the website www.parts.neoten.eu are for informational purposes only and are preliminary. By placing an order, the Buyer makes an offer, and the Seller has the right to accept or reject it without any penalties. After the order is placed and processed by the Seller's manager, if the goods are available for delivery, proforma invoice is sent to the Buyer's email address specified when placing the order, indicating the assortment, quantity, nomenclature, price, estimated delivery time and other essential terms of delivery of the goods. Based on the order processing results, the Buyer will also receive a link for payment. The proforma invoice issued by the Seller is confirmation from the Seller that it is ready to deliver the goods on the terms specified in the proforma invoice, subject to payment by the Buyer within the period of its validity.

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The terms of the present public offer and annexes thereto shall be considered to have been accepted by the Buyer in full and without any exceptions at the moment of payment by the Buyer in advance of the proforma invoice issued by the Seller, provided that payment is made in full and within the term proforma invoice is valid for the advance payment.  Payment by the Buyer in advance of the proforma invoice issued by the Seller shall be equivalent to the contract concluded between the Seller and the Buyer. Should at any moment after order placement it has been discovered that due to some technical error of IT system the required goods are unavailable or its quantity is nonsufficient on the Seller‘s stock, the Seller shall immediately notify the Buyer thereof via e-mail with indication of new estimated delivery terms of required goods under the order, different from terms specified on the proforma invoice. In this case, the Buyer shall be entitled to exclude nonstock items from the order. In case of nonstock goods exclusion from the order or order cancellation, monetary funds paid by the Buyer for excluded goods or cancelled order shall be deemed as wrongly transferred and refundable to the Buyer within 5 (five) working days upon the receipt of the Buyer’s written request or shall be accepted by the Seller as advance payments for future orders.

All prices are quoted net exclusive of VAT at the fixed rate. Prices do not include any packing and shipping costs.

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Upon goods’ shipment, the Buyer shall bear transportation costs, i.e. packing and shipping costs, delivery is performed ex warehouse Riga, Latvia. The cost of delivery at the Buyer's request is calculated at the time of order processing by the manager and is indicated in a separate line in the proforma invoice sent by the Seller to the Buyer. The cost of delivery is preliminary and is determined based on the information provided by the Buyer at the moment of placing the order. Delivery of goods is carried out exclusively by transport companies and courier services.  The Buyer shall bear the costs of customs clearance, fees, taxes and other public charges.

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If the ordered goods are not available on stock, the Seller shall indicate an estimated delivery time in proforma invoice. The delivery date specified in the proforma invoice is not fixed. In case delay in delivery makes up for more than 4 (four) weeks upon the expiry of estimated delivery term specified in the proforma invoice paid by the Buyer, the Buyer shall be entitled to cancel the contract for this reason in relation to the acceptance of goods the delivery of which is overdue.

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Early delivery is permitted. Partial shipment of goods specified in a single proforma invoice is permitted by agreement with the Buyer.

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Price for goods, delivery time may change after payment due to increase in the goods cost, incorrect price indication caused by IT technical error, additional expenses arisen in the course of the product sale, changes in the term of readiness of goods for shipment by the manufacturer, other similar circumstances beyond the control of the Seller. If price or delivery time for the goods changes after payment due to the above mentioned reasons, the Seller shall immediately inform the Buyer thereof via e-mail and offer to buy the goods at a new price or with a new delivery date. The Buyer has the right to refuse to purchase goods at a new price. In this case either of the Parties shall have right to terminate contract unilaterally and extrajudicially. In case the Buyer fails to respond or it is impossible to receive such a respond within 2 (two) working days from the moment of sending a price change notification, the goods under dispute shall be excluded from the order at the Seller‘s sole discretion or the order shall be cancelled by the Seller in full (if the good under dispute is the only item in the order).

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Monetary funds paid by the Buyer for excluded goods or cancelled order shall be deemed as wrongly transferred and refundable to the Buyer within 5 (five) working days upon the receipt of Buyer‘s written request or shall be accepted by the Seller as advance payments for future orders. Both parties (the Buyer and the Seller) shall agree that the expenses shall not be subject to reimbursement in case of contract termination.

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The purchase price is payable net within 3 (three) working days from the proforma invoice date. It can be paid in several ways:

1. by non-cash fund transfer to the Seller’s bank account against the proforma invoice;

2. by credit card (if available).

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The process of goods dispatch and delivery term counting starts only after receipt of prepayment for the goods in full amount.

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In the event of non-payment of the proforma invoice by the Buyer within its period of validity, the proforma invoice shall be automatically deemed cancelled and the terms of delivery of the goods specified therein shall be invalid. In the event advance payment is made by the Buyer upon the expiry of the specified payment day, such monetary funds shall be either deemed as wrongly transferred and refundable to the Buyer within 5 (five) working days upon the receipt of the Buyer’s written request or shall be accepted by the Seller as advance payments for future orders.

The Buyer shall collect the ordered goods within 1 (one) week upon the receipt of Seller‘s notification about the readiness of goods for shipment from the Seller's warehouse. The Seller shall be released from any liability for delay in delivery, provided that notification of readiness of the goods for shipment from the Seller's warehouse was sent within the agreed period.

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Notification by phone or e-mail, indicated by the Buyer while placing an order, shall be deemed as a proper and adequate notification of the Buyer of goods readiness for shipment from the Seller’s stock. In case e-mail address specified by the Buyer appears to be incorrect (wrong) and (or) if the Seller is unable to reach the Buyer at the specified phone number, the Seller shall be considered to have been duly fulfilled its obligations on Buyer’s notifying of goods readiness for shipment from the Seller stock.

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Should the Buyer fail to arrive at the Seller’s stock location for goods collection within 1 (one) week upon the receipt of Seller’s written notification of goods readiness for shipment, the Seller shall not assure further goods availability on the Seller’s stock and shall be entitled at its sole discretion to postpone delivery term without prior notice to the Buyer.

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The collection of goods shall be performed from the Seller’s premises – which is deemed as a place of performance – unless otherwise expressly agreed by the Parties.

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Upon Buyer’s request the Seller is able to ship the ordered goods to another address indicated by the Buyer at the Buyer’s expense. In this case delivery shall be performed ex-warehouse, i.e. the place of performance in this case shall be Riga, Latvia. Unless otherwise agreed, the Seller shall be entitled to choose the method of shipment (in particular, the Carrier route, packing) at his own discretion. The Seller shall perform goods shipment from its stock within 5 working days of receiving the prepayment and order any goods not in stock; the latter will also be shipped without delay within 5 working days from the moment the goods arrive to the Seller’s stock.

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If the Seller due to valid reasons fails to deliver the ordered goods to the Buyer, the Seller shall offer another good either with similar properties or the most similar product, or equally costed goods. The Seller shall be obliged to return to the Buyer the money paid within 5 (five) working days upon the receipt of the Buyer’s written request or set off the transferred monetary funds against future orders. In the given case, the Seller shall not be held liable for non-delivery of goods. The Seller shall not have any liability for his inability to sell the goods of identical model and version if such goods are absent at other Sellers.

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The risk of accidental loss and accidental deterioration of the goods shall be transferred to the Buyer upon the receipt of the goods’ by the Buyer or other duly authorized agents for goods’ collection, but within the period not later than delay in goods’ acceptance by the Buyer occurs. Upon goods shipment the risk of accidental loss and accidental deterioration shall be transferred to the Buyer once the goods are collected by transportation firm, forwarding agent or other agent authorized to carry out transportation.

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The Buyer shall accept the goods on his own. In case he is unable to accept goods on his own and the goods are delivered to the specified address and based on the other data submitted by the Buyer, the Buyer shall not be entitled to raise a claim against the Seller that the goods have been delivered to the inappropriate party.

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In all cases, the Seller shall not be held liable for failure to meet delivery terms, if the goods are not delivered or delivered not in time due to the Buyer’s fault or by reasons beyond the Seller’s control.

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In case of delay in goods’ acceptance by the Buyer, the Seller shall be entitled to demand compensation for any resulting damages including additional expenses (e.g. storage costs). In this case the Seller automatically prolongs delivery terms for the goods up to maximum delay in goods’ acceptance. The Seller reserves the right to assert further claims.

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If delay in goods’ acceptance occurs, the Buyer shall be entitled to receive the goods only after he performs payment against additional invoice which includes extra expenses incurred by the Seller and other indemnifications. Maximum delay of goods receipt by the Buyer shall be limited by 30 (thirty) calendar days. Upon the expiry of this term, the Seller shall not be obliged to supply the goods and shall be entitled to terminate the contract unilaterally and extrajudicially at his own discretion.  In the event of an unjustified refusal by the Buyer to accept the goods, the Seller shall be entitled to demand payment of a penalty of up to 100% of the cost of the unselected goods and to dispose of the unselected goods at its discretion. The amount of the penalty shall be determined by the Seller in each specific case. In this case, the Seller shall be entitled to deduct the penalty from the advance payment or to offset this amount against future deliveries.

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The Buyer shall immediately notify the Seller of any changes in the delivery and/or billing address. If changes have occurred in the delivery address after goods transfer to the transportation company, the Buyer shall indemnify the Seller for extra shipping charges related to goods redelivery to a new address.

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If incorrect address has been provided by the Buyer and due to this the delivery of goods is impossible, the Seller shall use the best reasonable endeavors to identify a correct delivery address. The Seller shall inform the Buyer of readdressing and deliver or make an attempt to deliver the cargo to the correct address. Readdressing may result in the occurrence of extra costs.  If it is impossible to transfer the cargo to the consignee, the Seller will try send to the consignee address a notification informing of the attempt to deliver the cargo and its location. If at the next attempt to deliver the cargo, the goods will not be transferred to the consignee or the consignee will refuse to accept it, the Seller will try to contact the Buyer to agree on further steps to be taken. The Buyer shall be obliged to pay for any incurred by the Seller expenses related to cargo readdressing, disposal and return, and where necessary, pay for the Seller’s further attempts to deliver the cargo and related further steps. If the Seller will not be timely provided by the Buyer with the instructions after second attempt to deliver the cargo is made, the Seller shall reserve the right to dispose or sell the cargo contents at his own discretion.

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The Buyer shall be entitled to reject the goods of proper quality not later than in 14 (fourteen) days from the delivery date in cases expressly set out by applicable law of the Latvian Republic. The Buyer shall not be entitled to reject the goods of proper quality, if the goods have been supplied under preliminary individual order of the Buyer (i.e. the goods that has been unavailable in the Seller’s stock upon prepayment).

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If applicable law of the Latvian Republic and the present Terms permit the return of goods of satisfactory quality, it is required to submit the documents confirming the goods purchase. Such goods shall be returned in the original packing and in a complete set. The Buyer may use an established right to reject the supplied goods if it has not been damaged, used and there are no signs of its installation and changes in its general look.

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Return of the proper quality goods shall be performed at the Buyer’s expense and by transport provided by the Buyer.

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In case the Seller receives a prescribed rejection from the goods, he shall refund to the Buyer the amount paid within 5 (five) working days upon Buyer’s written request or set off the transferred funds against future orders.

The Buyer shall be entitled to set off counterclaims only if they are undisputed and expressly agreed by the Seller in writing.

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The Buyer has a right of retention only in relation to counterclaims from the same contractual relationship (order).

The goods remain in the ownership of SIA NEOTEN until all payments have been received by the Seller in full.

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If in violation of the contract the Buyer fails to make a payment, including default of payment, the Seller shall be entitled to demand return of the delivered goods.

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The Buyer shall treat the goods with all due care, to provide suitable insurance and, where necessary, carry out maintenance.

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As long as the price has not been paid in full, the Buyer shall immediately notify the Seller in writing if the goods are encumbered by any third party rights or otherwise exposed to disposal by a third party.

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The Buyer shall be entitled to resell the goods with reserved title as part of its normal business. In such a case the Buyer from now shall cede to the Seller all its claims from such a resale, irrespective of whether this resale takes place prior to or after any processing of the goods with reserved title. The Seller’s right to recovery of such claims on his own remains unaffected by this provision, however, the Buyer shall be also entitled to perform such recovery on his own. In this regard, the Seller undertakes not to recover any claims until the Buyer fulfils his payment obligations, no insolvency or bankruptcy petition or similar proceedings have been filled and payments from the Buyer have not been discontinued.

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Upon Buyer’s request the Seller at his discretion shall be entitled to pass to the Buyer the title for the goods with reserved ownership right and ceded claims, provided that the cost of such goods exceed the value of guaranteed claims by more than 10%.

General characteristics of every product are indicated in the description provided in the website.

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The warranty is valid upon strict compliance by the Buyer with the rules and conditions of use of the goods established by the manufacturer. Any violation by the Buyer of the rules and conditions of the warranty shall automatically void the warranty obligations. The warranty does not cover consumables and quickly wearing parts.

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Warranty maintenance of the goods shall be performed by authorized service centers of manufacturers, located on the corresponding territory.

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The Seller shall not be liable in cases when the goods displayed on the online store do not correspond by its color, shape or other parameters to size, shape and color of actual goods due to features of displaying device used by the Buyer.

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The photographs are given for illustration purposes only, original goods may differ from the goods on the photos. Publication of the information, obviously inconsistent with the goods, including but not limiting to price, photos, product description and etc., shall be deemed as a technical error. The photographs shall not be used as a ground for claims. If the Buyer have questions with the regard to goods properties and characteristics, he shall contact the online store manager for clarification. The Seller shall not be liable for Buyer’s wrong selection of characteristics and (or) modifications of the goods.

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The Buyer shall examine the goods immediately upon collection or delivery. If a defect, shortage or incompleteness of the goods have been found during the examination, the Seller shall be immediately notified thereof in writing, in this regard the time of defect notice sending shall be of critical importance. If the Buyer signs an invoice (delivery note) or other document of transfer and acceptance without making any notes, it shall be considered that the goods have been handed in a proper condition. If the goods are delivered by the freight carrier in the damaged package, the Buyer shall open the package in the presence of a carrier representative, inspect the goods and note damages, shortage and incompleteness in the delivery report (carrier’s consignment note). The Buyer’s rights in this regard depend on the Buyer fulfilment of his obligations on examination and notification. If the Buyer fails to fulfil above obligations, the goods shall be considered approved, unless SIA NEOTEN conceals the defect intentionally. Goods with obvious defects may not be fitted, connected or combined with moveable items.

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The Buyer shall provide the Seller an opportunity to inspect the defect immediately and shall follow the Seller’s instructions on limiting costs and damage. The defective goods shall be returned to the Seller’s premises free of charge for the purpose of inspection, i.e. the Buyer shall bear transportation costs.

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In the case of defects, the Buyer may retain the agreed purchase price only to a reasonable extent in relation to the defects established.

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The Seller shall bear the material costs necessary for examination and defect elimination provided a defect actually exists and arose through the fault of the Seller or the manufacturer of the goods, until the moment of transfer of the goods to the Buyer. If, however, the Buyer’s request for defect elimination turns out to be unjustified, the Seller is entitled to demand from the Buyer to refund the costs incurred by the Seller in this regard. The Seller shall not bear dismantling and refitting costs.

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If it is impossible to eliminate the defect or replace the faulty parts of the goods, the Seller shall reimburse the cost paid for faulty parts and assemblies. In this case, the Buyer shall not be entitled to demand to reimburse the cost of repair, setting/adjustment or replacement unless these measures have been pre-agreed with the Seller in writing.

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In urgent cases in order to avoid disproportionately greater damage or if the Seller fails to eliminate the defects within agreed period of time, the Buyer upon prior written agreement with the Seller shall be entitled to eliminate the defect on his own or with the involvement of a third party and demand the reimbursement of necessary costs from the Seller, providing it has been priory agreed with the Seller in writing. The amount of reimbursable expenses shall in no case exceed the cost of the defective goods. The Buyer shall immediately notify the Seller of defect elimination by the Buyer on his own or with involvement of third parties and submit all documents confirming the expenses incurred by the Buyer in this regard. The Seller shall not be liable for the consequences of incorrect elimination or other modification of the delivered item by the Buyer or a third party.

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The Buyer shall not be entitled for indemnification from the Seller if it has entered into agreements with its customers beyond legal claims and rights regarding defects.

As prescribed by the law the Seller is liable for cases of intent or gross negligence made by the Seller, his representatives or authorized agents; as well as in the case of culpable breach of essential contractual obligations, i.e. generally the Seller’s obligation shall be limited to free of defects items’ delivery.

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The above shall not exclude the liability due to culpable damage to life or health.

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There are no other Sellers liability for damages, except for damages occurred on the delivered item itself; Seller’s liability for damages is furthermore limited to damages typical for the kind of contract in question.

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The Seller shall have no other liability unless expressly agreed otherwise. This also applies for Seller’s employees, workers, authorized agents and representatives.

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The Seller shall not be liable for loss of revenue, profit, sales markets, reputation, customers, possibility to use the contents or any other possibility, as well as for other kinds of lost revenues, incidental expenses, loss of expected profit or other specific damages resulted from loss, damage, late delivery or misdelivery of the Buyer’s cargo even in case the Seller was aware of such damages to be likely to happen by the Buyer.

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The Buyer shall be fully responsible for validity of data stated in the order form. If the Buyer fails to mention precise data in the order form, the Seller shall not be responsible for the complications resulted therefrom.

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The Buyer shall be responsible for the actions carried out with the use of the present online store.

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The Buyer shall be responsible for data transfer to third parties. If the services provided by SIA NEOTEN are used by the third party, connected to the online store using the Buyer’s connection data, the Seller shall treat such a party as to the Buyer.

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The Seller shall be exempt from any liability in cases of losses arisen due to the Buyer’s fault who with disregard to the Seller’s recommendations and own obligation fails to read and understand the present Terms although granted with such possibility.

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Should the Buyer attempt to harm the stability and safe operation of online store or break its obligations, the Seller shall be entitled immediately and without notice to restrict or suspend a possibility of online store use or in exceptional cases to delete the Buyer’s account.

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Under certain circumstances the Seller can shut down the online store on the short-term or in full without prior notification of the Buyer.

Contract language is English.

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The present General Terms and Conditions and the individual purchase contracts are exclusively covered by the law of the Republic of Latvia. United Nations Convention on Contracts for the International Sale of Goods shall not apply.

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Place of performance and exclusive – including international – legal venue for all disputes arising directly or indirectly from or in relation to an order placed by the Buyer with SIA NEOTEN is Riga, Latvia. All the disputes shall be resolved in the state courts at the location of SIA NEOTEN.

SIA NEOTEN refers to its pages with links to other sites on the Internet. For all these links applies: SIA NEOTEN expressly declares that it has no influence on the design and content of linked pages. Therefore, we dissociate ourselves from all contents of all linked pages of third parties on www.parts.neoten.eu and we do not adopt their content. The respective provider or operator of the pages is always responsible for the contents of any Linked Site. The linked sites were checked at the time of linking for possible violations of law. Illegal contents were not there at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately. This declaration applies to all links and for all contents of pages to which the links lead.

All Internet offers on www.parts.neoten.eu and possibly protected brands and trademarks are subject without restriction to the provisions of applicable trademark law and the ownership rights of the respective registered owners. The mere mention does not draw the conclusion that trademarks are not protected by third party rights. The copyright for any material created by SIA NEOTEN even objects such as icons, visualizations and illustrations remains with SIA NEOTEN. Therefore, it is not permitted to download the website in whole or individual parts of it, to reproduce and spread.

All notifications shall be sent by the Seller to the Buyer’s e-mail address mentioned upon placing the order. All the information sent to the Buyer in this way shall be considered as having a legal effect and shall be considered as received upon the expiry of 1 (one) working day from sending date.

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The Seller shall not be liable for any interruptions in electronic operation of e-mail service provider networks and for other troubles causing non-receipt by the Buyer of the Seller’s information and confirmation e-mails. The Parties agree that availability of e-mail copy or other message addressed to the Buyer at the Seller’s server (in data base or other data storage device) shall be deemed a sufficient evidence of any information sending to the Buyer.