26.12.2023.
1. Definitions
1.1. Seller - the natural or legal person named in the Order, whose goods are being sold on the Diagtools website and who, pursuant to these Rules, is responsible for the fulfillment of the order placed by the Buyer. The details of the seller with whom the respective product is purchased and sold in accordance with these Rules shall be included in the order.
1.2. Diagtools.eu - A website located at diagtools.eu which sells Sellers' Goods and is maintained by Diagtools SIA, registry code 40203029960, Pernavas 43A-9, Riga, Latvia, LV-1009. Diagtools.eu is in these Rules as the Seller for the goods it sells.
1.3. 'Buyer' means: (1) a natural person with full legal capacity, that is to say an adult who is not legally restricted to legal capacity; 2) a minor of at least 15 to 18 years of age, with the prior consent of his or her legal representative; 3) a legal person.
1.4. Parties - Buyer and Seller together.
1.5. "Personal data" shall mean any information relating to an identified or identifiable natural person ("data subject"); an identifiable individual is one who can be identified, directly or indirectly, by an identifier, such as given name and surname, personal identification code, location data and internet identifier, or by the physical, physiological, genetic, psychological, economic, cultural or social characteristics.
1.6. Policies - these “diagtools.eu Purchase and Sale Rules” that apply to the purchase of each Buyer on diagtools.eu and to each Purchase and Sales Agreement between Buyer and Seller.
1.7. Account - is the result of registering on the diagtools.eu website for use on diagtools.eu, which results in the creation of a personal Buyer account (account) which maintains its personal information and order history.
1.8. Privacy Policy - A document approved by diagtools.eu that contains the basic rules for the collection, storage, handling and storage of Personal Data when using diagtools.eu. The Diagnostic Privacy Policy does not cover the processing of Personal Data where such data is processed by Seller. The processing of personal data by the Seller shall be carried out in accordance with the procedure established by the Seller. Prior to purchasing the Goods and entering into this Agreement with the Seller, the Buyer must carefully review Seller's applicable personal data processing policy.
1.9. Contract - a contract for the purchase and sale of the respective Goods between the Buyer and the Seller, which shall be deemed concluded from the moment the Order is confirmed, ie when the order is placed. The terms of each Contract between Buyer and Seller shall be deemed to be identical to the terms of these Terms and Conditions and shall be enforceable by the Parties pursuant to these Terms.
1.10. Order - an order for Goods that lists the Goods that the Buyer wishes to purchase from the Seller and which is in the same order.
2. General provisions
2.1. The Buyer confirms that they have read the Rules, with a check mark next to the statement "I have read and accept the rules of purchase of diagtools.eu goods". The Rules thus approved constitute a legal document binding on the Parties, which sets forth the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for the goods, the delivery and return procedure of the goods, their liability and other conditions related to the purchase and sale of goods on diagtools.eu.
2.2. By creating an account at diagtools.eu, the Buyer will confirm the Policy from the first registration. After the Buyer approves the Rules at the time of first registration (account creation), the Rules will apply to all purchases made by the Buyer on diagtools.eu and to all sales and purchase contracts entered into with Sellers prior to the publication of the updated Terms. The procedure described in this section shall apply to the updating of the policy from the date of its publication on the diagtools.eu website
2.3. Only those Buyers defined in Section 1.3 of the Policy may buy on diagtools.eu. By confirming the Policy and reviewing the Privacy Policy (Section 2.4 of the Policy) and the Rules for using diagtools.eu, the Buyer confirms that they have the right to purchase goods from diagtools.eu.
2.4. Diagtools.eu has the right to amend or supplement the Rules, if necessary or under the conditions provided for by the legislation of the Republic of Latvia. Buyers will be notified when they log into their Account or when they purchase goods from a selected Seller after the new version of the Policy enters into force.
2.5. The Buyer is obliged to read the privacy policy approved by diagtools.eu and made public. The Buyer Personal Data will also be transmitted to the Seller from whom the Buyer purchases the Goods, and such Personal Data will be processed in accordance with the Seller's stated order and in accordance with the obligations of diagtools.eu and the Seller regarding the security of personal data.
2.6. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, the Buyer shall be solely responsible for providing the Seller with a functioning e-mail address belonging to the Buyer.
3. Ordering of goods and moment of establishment of purchase-sale relationship
3.1. The buyer can order goods at diagtools.eu by choosing one of the following ways:
3.1.1. online, registering at diagtools.eu (entering your username and password);
3.1.2. online, not registered at diagtools.eu
3.1.3. by telephone;
3.1.4. in the shop.
3.2. When ordering goods in one of the ways specified in clauses 3.1.1-3.1.2 of the Rules, the Buyer must enter in the relevant fields of the diagtools.eu system the personal data necessary for the proper execution of the order, which is processed by diagtools.eu in accordance with the Privacy Policy.
3.3. Orders placed over the Telephone or in Stores will be executed in accordance with the Policy and are subject to the provisions of the Privacy Policy. By placing an order, the Buyer agrees to the Rules and their application.
3.4. If the Buyer, by selecting the goods or services to be purchased and forming the shopping cart, completes all the ordering steps, the last of which being the method of payment selection and confirmation, the Seller and the Buyer shall be deemed to have entered into a legal purchase / sale relationship. The Buyer will be notified of the order confirmation by sending a notice to the Buyer's email address. The Seller will send the Buyer a link to the Buyer's designated email address with the applicable Policy, along with the order confirmation.
3.5. By endorsing these policies, the Buyer agrees that the User's Manual for the products ordered by him will be provided at the latest upon delivery of the goods to the email address specified by the Buyer. All important information about the item and its features can be found in the Seller's Specification at diagtools.eu.
3.6. Each Buyer's order is stored on diagtools.eu and the Seller's database in accordance with their privacy policy.
4. Buyer Rights
4.1. The Buyer has the right to purchase goods and order services from diagtools.eu in accordance with the procedure set out in these Rules.
4.2. The Buyer has the right to withdraw from the order in accordance with the procedure set out in these Rules.
4.3. The Buyer has the right to withdraw from the Contract in accordance with the procedure set out in these Rules.
4.4. The Buyer has the right to replace or return the purchased goods in accordance with the procedure set out in these Rules.
4.5. The Buyer also has other rights set forth in these Terms, the Privacy Policy, the diagtools.eu Terms of Use and the laws of the Republic of Latvia.
5. Obligations of the Buyer
5.1. When using diagtools.eu, the Buyer is obliged to comply with its obligations, to comply with these Rules, the Privacy Policy, the rules for using diagtools.eu, other terms and conditions expressly described in diagtools.eu and not to violate the laws of the Republic of Latvia.
5.2. The Buyer is obliged to pay for and accept the ordered goods or services in accordance with the procedure established in these Rules. After the Buyer has decided to collect the Goods from the Store, the Buyer must receive them at the selected Store within the time limit specified in the Rules.
6. Seller's Rights
6.1. The Seller and diagtools.eu have the right to cancel the order without prior notice to the Purchaser if the Purchaser who has selected the payment methods set out in clauses 8.2.1 or 8.2.2 of the Rules does not pay for the goods within 3 (three) working days.
6.2. If the Buyer chooses the payment method set out in clause 8.2.3 of the Rules, the Seller has the right to contact the Buyer at the requisites indicated in the diagtools.eu order if there are any questions regarding the information provided in the order. In that case, the delivery date for the goods will be counted from the date of contact with the Buyer. The Buyer's order may be canceled without notice: (i) if the Seller fails to contact the Buyer within 2 (two) business days of placing the order, or (ii) if the Buyer fails to provide the Seller with the requested information .
6.3. The Seller shall have the right, at its sole discretion and without the Buyer's consent, to divide the goods to be purchased (goods from a particular seller in the shopping cart) into separate orders, unless the Buyer wishes to purchase the goods in the shopping cart as a single order. With such a breakdown, the cost of additional services (such as delivery, etc.) for a specific order is spread over individual orders and calculated separately for each order, and therefore prices may differ from the service prices shown in the particular item description. The Seller also has other rights set forth in these Terms, this Privacy Policy, other diagtools.eu documents and the legislation of the Republic of Latvia.
7. Seller's Obligations
7.1. The Seller undertakes to fulfill the Buyer's orders in accordance with the procedure set out in these Rules and to communicate with the Buyer via diagtools.eu website and never to communicate with the Buyer through other channels unless expressly provided in the Rules or diagtools.eu website. The Buyer and the Seller hereby expressly acknowledge that any communication related to the fulfillment of the order, which is not made on the diagtools.eu website (system), is not obligatory for the parties.
7.2. The Seller undertakes to provide the Buyer with the information required by Latvian law in a clear and comprehensible manner on the diagtools.eu system.
7.3. Seller and diagtools.eu undertake to respect Buyer's privacy, process Buyer's Personal Data only in accordance with the procedures set out in the Policy, Privacy Policy, diagtools.eu Usage Rules and the legislation of the Republic of Latvia and the European Union.
7.4. diagtools.eu undertakes to notify the Purchaser, prior to placing an order, of the suspension or termination of any of the diagtools.eu functions essential to the fulfillment of the order, as well as of the changes mentioned in clauses 6.2-6.3 of the Rules. Submitting information to your diagtools.eu account or diagtools.eu e-commerce website is considered proper notification. If the Buyer's order has already been accepted for execution, the Buyer will be notified of the suspension or termination of the diagtools.eu functions important for the fulfillment of this order via contact details specified by the Buyer (by phone, SMS or e-mail).
7.5. Pursuant to the terms of the Rules, the Seller undertakes to deliver the goods ordered by the Buyer and to accept the goods returned by the Buyer.
7.6. In the event that the Seller is unable, due to material circumstances, to deliver the ordered goods to the Buyer, diagtools.eu may offer him a similar item sold by another Seller by notifying the Buyer via the contact details provided by him (telephone, SMS or email). If the Purchaser does not agree that the goods of a particular Seller will be replaced by similar goods sold by another Seller, the Seller who is unable to deliver the goods selected by the Purchaser shall reimburse the Purchaser for the goods within 14 working days of prepayment and in any event cancel the order. .
7.7. If, within 3 (three) business days after the submission of the offer, the Buyer confirms, through one of the contacts indicated on the diagtools.eu website, that he agrees to replace the goods with another Seller's goods, the original Seller undertakes to refund the Buyer for the product deliver, and compensate for the difference.
7.8. The Seller who does not agree with the Buyer's requirements is obliged to provide the Buyer with a comprehensive motivated written reply not later than within 14 (fourteen) calendar days from the date of the Buyer's referral via diagtools.eu, unless otherwise provided by Latvian and European Union legislation.
7.9. The Seller undertakes to fulfill other obligations imposed on the Seller by the Rules in the legislation of the Republic of Latvia.
8. Prices of goods, payment procedures and deadlines
8.1. The prices of goods are stated in euros on diagtools.eu, including VAT and other applicable taxes, if applicable.
8.2. The Buyer can pay for the ordered goods in one of the following ways (selection may be limited, so that the final list of payment methods used for the respective order is shown in the respective order):
8.2.1. Internet Banking;
8.2.2. bank transfer;
8.2.3. cash or bank card delivery / receipt;
8.2.4. consumer credit contracting services provided by leasing companies;
8.2.5. in other ways mentioned on diagtools.eu.
8.3. If the Seller receives payment for the goods or receives confirmation of the financing of the purchase (if such payment method is applied and the Buyer has chosen the payment method set out in clauses 8.2.4-8.2.5 of the Rules), the order of the goods shall be confirmed.
8.4. By accepting the Rules, the Buyer agrees that Purchase Documents, VAT invoices, which are also Warranty Documents for the Goods, may be submitted to the Purchaser physically with the Goods or electronically at the email address specified in the Purchaser Registration Form immediately upon completion of the order. VAT invoices include the Seller's requisites, the selected goods, their quantity, the discount, the final price of the goods, including all taxes, and other information prescribed by the accounting regulations.
8.5. VAT invoices for goods purchased by the Purchaser can also be placed on the Purchaser's account at diagtools.eu under the "My Account" submenu. When the Purchaser places an order, he can view and print the order page - the prepayment invoice - on the "My Account" page.
8.6. The price of the Goods may change after confirmation of the Seller's order only in exceptional cases, when the price of the Goods has changed due to technical errors of information systems, correction of obvious (error) errors or other objective reasons beyond the Seller's control. If in such a case the Buyer does not agree to purchase the goods for a new price, the Buyer may cancel the order by notifying the Seller via diagtools.eu within 2 (two) working days via the contacts indicated on the diagtools.eu website. If the order is canceled in accordance with the procedure set out in this clause, the Seller undertakes to refund to the Purchaser all sums paid by him under such canceled order.
8.7. If the Buyer selects several different Seller's merchandise, the Buyer may divide each Seller's merchandise into separate shopping carts and create separate orders based on such shopping carts. With such a breakdown, the cost of additional services (such as delivery, etc.) for a particular order is spread over individual orders, therefore, prices may differ from the prices of the services in the description of a particular item.
9. Delivery of goods
9.1. When ordering the Goods, the Buyer may choose one of the delivery methods specified in the specific offer of the Seller for the Goods being sold.
9.2. If the Buyer chooses the Home Delivery Service at the time of placing the order:
9.2.1. the Buyer is obliged to specify the exact place of delivery of the goods.
9.2.2. The buyer undertakes to collect the goods himself. A valid identity document (ID card, passport or driver's license) must be presented upon receipt of the goods. In the event that the Buyer does not accept the Goods himself, even though the Goods have been delivered to the above address, the Seller shall have the right to deliver the Goods to another person at the Buyer's named address and the Buyer shall not be entitled to submit claims to the Seller for wrong delivery.
9.2.3. The Goods shall be delivered by the Seller or his authorized representative.
9.2.4. The service fee for the delivery of the goods does not include the fee for bringing the ordered goods up the stairs - this service may be ordered by the Buyer additionally.
9.3. If the Buyer chooses to receive the goods from one of the post offices:
9.3.1. the Buyer receives the goods from one of the postal departments, pays the delivery fee. If the Buyer does not pay the above fee, the Goods will be returned to the Seller.
9.3.2. The ordered goods must be picked up not later than within 3 (three) working days after the courier has informed the Buyer by e-mail or SMS that the goods can be picked up.
9.3.3. The goods may be picked up not only by the consignee specified in the order, but also by another person named at the time of the order. Upon receipt of the goods, a valid identity document (identity card, passport or driver's license) must be taken and presented to the Post employee.
9.3.4. The service of receiving goods at the post office shall not be provided also in the following cases:
9.3.4.1. If the total weight of the ordered goods is more than 20 (twenty) kilograms.
9.3.4.2. If the general dimensions of the goods ordered from the Seller do not allow this service to be provided.
9.4. The buyer can receive the goods free of charge from the diagtools.eu delivery point. If the Buyer chooses this method when placing the order:
9.4.1. must pick up the ordered item no later than 3 (three) business days after the Seller has notified the Buyer by email that the item may be picked up.
9.4.2. the goods may be received only by the person who placed the order or by the person named at the time of placing the order. A valid identity document (identity card, passport or driver's license) must be taken and presented to the diagtools.eu employee upon acceptance of the goods.
9.5. If the Buyer chooses to place the Goods at the Omniva postal machine or DPD self-service terminal at the time of placing the order:
9.5.1. Omniva postal machines or DPD self-service terminals can deliver goods weighing less than 30 kg. Goods weighing more than 30 kg shall not be delivered to postal machines or self-service parcel terminals.
9.5.2. The item must be picked up at the Omniva Post pick-up point machine within 7 (seven) calendar days after the Seller has notified the Buyer by email that the item may be picked up. The DPD Parcel Self-Service Terminal must pick up the item within 5 (five) calendar days after the courier informed the Buyer that the item could be picked up.
9.5.3. The terms of delivery are described here https://diagtools.eu/en/content/1-delivery-terms.
9.6. Delivery times mentioned in the description are expected. The Seller delivers the goods to the Buyer in accordance with the terms stated in the order. Goods delivery deadlines do not apply if the Seller does not have the desired goods in stock and the Buyer is informed of the lack of ordered goods. By accepting these Rules, the Buyer agrees that, in exceptional cases, delivery of the Products may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to immediately contact the Purchaser and agree with the delivery terms and other terms. If the Seller fails to deliver the goods within the term specified in the order for the goods and the Parties do not agree on the time limit for delivery of the goods, the Buyer may exercise the right provided in clause 11.1 of the Rules to cancel the contract for the sale of goods or services.
9.7. The Seller shall be released from liability for breach of delivery terms if the Goods are not delivered or delivered to the Buyer at the wrong time by third parties who are not related and / or independent of the Seller, through no fault of the Seller.
9.8. Upon delivery of the Goods to the Buyer, the Buyer shall, together with the courier or upon physical receipt of the Goods in the Store together with diagtools.eu or his authorized representative, check the condition of the shipment and the item (s) and sign the delivery / receipt document. Once the Buyer has signed the document of delivery and receipt of the shipment, the goods shall be deemed to have been delivered in good condition, without damage, which is attributable to factory defects, and defects in the completeness of the goods (goods). If the Buyer notices that the packaging of the delivered goods is damaged (wrinkled, wet or otherwise externally damaged), the goods (goods) are damaged and / or the goods (goods) are incomplete, the Buyer must state this in the delivery / receipt document in the presence of the courier; At the time of physical receipt of the goods in the shop, in the presence of diagtools.eu or its representative, draw up a free-form shipment and / or infringement / non-conformity report. Failure by the Buyer to perform such acts shall exclude the Seller from liability for damage to the Goods, unless such damage is caused by factory defects, or for defects in assembly only if such discrepancies can be ascertained by external inspection of the Goods.
9.9. The risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Goods are handed over to the Buyer.
9.10. If, pursuant to clauses 9.2-9.5 of these Rules, the Buyer does not accept the Goods within the time limit or fails to deliver them to the Purchaser and the Purchaser has paid for the goods and their delivery, the agents will contact the Purchaser to coordinate another delivery time and / or method. If the Buyer still fails to collect or deliver the Goods, such Goods shall be returned to the Seller, the order canceled and the Buyer refunding the money, excluding any bank charges applicable to the Seller by bank transfer, shipping fee, if applicable, and provided for in paragraph 8.7 of these Rules.
9.11. If according to clauses 9.2-9.5 of the Rules the Buyer does not take over the goods or fails to deliver them to the Buyer within the stipulated term and the Buyer has not paid for the goods, such goods shall be returned to the Seller and the order shall be canceled.
9.12. Upon delivery the Customer pays all correspondent taxes and fees, if applied additionally in the country of delivery by the local laws. If the Customer refuses to pay fees, expenses or taxes, that cannot serve as a cause for return of ordered merchandise and refund. The Customer, by placing the order and checking the box to accept the sales rulles and delivery terms, assumes that he is obliged to pay all applicable fees, taxes or expenses if the merchandise is subject to customs procedures in the destination country. In the event that the Client refuses to pay such expenses, taxes or fees, he assumes that he will have to cover all costs of returning, taxes and administration of merchandise to the Seller. In some cases the Seller also reserves the right to impose a fee for administration and processing of returned merchandise. Any processing procedures for possible partial refund or repeated shipment and processing of core procedures begin within 7 calendar days after receiving the returned merchandise at the Seller's warehouse. In the event that the Customer decides to send the goods with a repeated delivery of returned merchandise, the Costumer first have to cover all return costs, expenses or fees that may arise for the Seller.
10. Warranty on product quality and suitability for use
10.1. The characteristics of each item sold by diagtools.eu shall be noted in the description accompanying each item.
10.2. The goods offered by the seller are of proper quality. A good shall conform to a contract of sale for consumption if:
10.2.1. the goods conform to the description given by the Seller and have characteristics such as the goods presented by the Seller as a sample or model when promoting the goods on diagtools.eu;
10.2.2. the goods are fit for the purposes for which certain types of goods are commonly used;
10.2.3. the goods meet the quality characteristics normally attributable to goods of the same nature which the Seller may reasonably expect from the goods, and the public disclosure by the manufacturer of the item, its agent or the seller, including advertising and labeling of the item.
10.3. Neither the Seller nor diagtools.eu is responsible for the fact that the goods sold by the Seller diagtools.eu may not correspond in size, shape, color or other parameters to the actual size, shape, color or other parameters of the display or other technical reasons used by the Buyer. , which is independent of Seller's will. The photographs of the goods are for illustration purposes only and are for illustrative purposes only. Colors, items, parameters, dimensions, sizes, functions and / or other features of the original products may differ from their actual appearance, so please refer to the product specifications in the product specifications. The buyer is advised to read the product information sheet.
10.4. The Seller will provide a warranty for a limited period of time on various products of the same type, the duration and other conditions of which will be stated in the Product Specifications for such goods or in the VAT invoice corresponding to the Warranty Sheet.
10.5. The warranty provided by the seller is without prejudice to the rights that consumers enjoy when they purchase a poor quality product or service.
10.6. The seller does not provide after-sales warranty service for the goods (except for simple inspections of the goods that do not require special expertise):
10.6.1. if the warranty service center is outside the Republic of Latvia, the Seller shall arrange for the Goods to be shipped to such center;
10.6.2. if the center of warranty service is in the Republic of Latvia, the Buyer shall be directed to such center.
10.7. Information stored on media is not covered by the warranty. The cost of data loss or recovery is not reimbursed.
10.8. In cases where specific commodities have a specific expiration date specified by law, the Seller undertakes to sell such commodities to the Purchaser in such a way as to give him a real opportunity to use those commodities before the expiration date.
10.9. The information relating to the warranty terms for the relevant item types is available here https://diagtools.eu/en/content/6-warranty.
11. The right to withdraw from the contract of sale and the arrangements for returning and exchanging goods
11.1. The right to withdraw from a contract of sale:
11.1.1. The Buyer has the right to withdraw from the contract of purchase and sale of the goods within 14 (fourteen) days without giving reasons, notifying the Seller or diagtools.eu, who will inform the Seller of the Buyer's decision to cancel the contract. The exercise of this right shall be in accordance with the provisions of the Law of Obligations Act (§§ 56, 56¹, 56², 56³ of the LOA).
11.1.2. The Purchaser shall inform diagtools.eu of the cancellation of the contract of sale in one of the following ways: by filling out the model cancellation form or by submitting a clear statement stating his wish to withdraw from the contract. Notice of withdrawal will be sent by email to info@diagtools.eu. On receipt of the Buyer's notice, diagtools.eu will immediately send an acknowledgment of receipt and notify the Seller.
11.1.3. The 14 (fourteen) day right of withdrawal from the contract of sale is calculated as follows: a. in the case of a contract of sale, from the date of receipt of the goods ordered by the Buyer or a person designated by the Buyer, other than the carrier; b. if the Buyer has ordered more than one item from different Sellers in one order and the goods are delivered separately, from the day when the Buyer or the person named by him, except the carrier, receives the goods of the respective Seller; c. if the goods are delivered in different lots or parts, from the day on which the last lot or part is received by the Buyer or by a person designated by the Buyer, other than the carrier; d. in the case of a contract for regular delivery of goods during a given period, the day on which the first goods are received by the buyer or a person designated by him, other than the carrier.
11.1.4. If the Purchaser has waived the Purchase and Sale Agreement before the goods are delivered to him, the Purchaser must notify the following via the diagtools.eu website. The Buyer's refusal is formalized as a rejection of the order and the Seller is notified thereof.
11.2. If notice is given within 14 (fourteen) calendar days of the date of delivery of the goods to the Buyer, Section 11.1 of the Rules shall apply. settings.
11.2.1. The Buyer has the right to return the goods by delivering them to the addresses given on the diagtools.eu website or by delivering them to diagtools.eu stores or by transferring them directly to the Seller.
11.2.3. The Seller Additional Refund Guarantee cannot be used when the following items have been ordered:
11.2.3.1. diagtools.eu gift cards;
11.2.3.2. packaged goods which, after delivery, have been removed from the package and which cannot be returned for health or hygiene reasons;
11.2.6.3. Goods that are custom-made or apparently custom-made to the Buyer or which, by their nature, cannot be returned after loss to the Buyer due to loss of commercial properties, are perishable or expire;
11.2.6.4. Footwear;
11.2.6.5. Clothes.
11.2.7. The procedure for the return of goods and money is provided in clause 11.6 of the Rules.
11.2.8. If the Customer refuses to pay custom fees, expenses or taxes, that cannot serve as a cause for return of ordered merchandise and refund.
11.3. Rules for exchange and return of good quality goods.
11.3.1. Within 14 (fourteen) days from the date of delivery of the goods to the buyer, the buyer has the right to exchange the purchased goods for goods of similar size, shape, color, model or completeness. If there is a difference in price when the goods are exchanged, the Buyer shall settle with the Seller the recalculated prices. Notification by the Buyer that he wishes to exercise the right specified in this clause of the Policy with respect to the returned goods must be sent to info@diagtools.eu.
11.3.2. If the Buyer does not like the shape, size, color, model or completeness of the goods purchased, the goods shall be replaced and returned in accordance with the laws of the Republic of Latvia. During the term specified in clause 11.3.1 of the Rules, the Purchaser shall not be entitled to exchange and return all goods listed in the following list:
11.3.2.1. photographic and cinematographic materials;
11.3.2.2. printed books, reproductions and other products of the printing industry;
11.3.2.3. fabrics;
11.3.2.4. floor coverings excluding carpets of all sizes;
11.3.2.5. men's, women's underwear;
11.3.2.6. machinery and mechanical appliances;
11.3.2.7. electrical machinery and equipment, apparatus for recording and reproducing sound and for television video and audio;
11.3.2.8. land vehicles;
11.3.2.9. ships, boats and other floating structures;
11.3.2.10. optical, photographic, cinematographic, measuring, checking, medical or surgical apparatus and instruments;
11.3.2.11. clocks;
11.3.2.12. furniture, bedding, lamps;
11.3.2.13. toys, games, other than sporting and fishing equipment;
11.3.2.14. goods to be weighed and measured which have been specially prepared, cut, cut, etc., at the request of the consumer.
11.3.3. Upon receipt of the Goods, the Seller undertakes to exchange them for goods of the same form, size, color, model or completeness as specified by the Buyer. If the Seller does not have the goods for exchange, he shall refund the money paid to the Buyer for the goods. The money will be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received notice from the Buyer wishing to exercise this right;
11.3.4. By approving these Rules, the Buyer expresses its consent that the money be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.3.5. The procedure for the return of goods and money is provided in clause 11.6 of the Rules.
11.3.6. If the Customer refuses to pay custom fees, expenses or taxes, that cannot serve as a cause for return of ordered merchandise and refund.
11.4. Rules on exchange and return of non-conforming goods.
11.4.1. Defective goods sold, defective goods replaced and returned in accordance with the procedure set forth in the Rules and taking into account the requirements of the legislation of the Republic of Latvia.
11.4.2. If the Purchaser has purchased a defective quality item and noted it in the delivery / receipt document (if not stated, the provisions of clause 11.3 of the Policy will be adjusted) or the defective quality is expressed as a manufacturing defect at the time of purchase or then the Buyer may return the goods and claim at his option:
11.4.2.1. that the Seller shall, within a reasonable period of time, correct any defect in the Goods, if the defect can be remedied;
11.4.2.2. that the purchase price be reduced accordingly;
11.4.2.3. that the goods are exchanged for goods of equivalent quality unless the defects are minor or due to the fault of the Buyer;
11.4.2.4. reimbursement of the price paid and refusal of the contract of sale if the sale of goods of substandard quality constitutes a material breach of the contract.
11.4.3. The Purchaser may choose only one of the ways to protect his or her rights set forth in Section 11.4.2 of the Policy. The Buyer is obliged to disclose his choice by returning the goods to the Seller. If the Buyer has opted for the method set out in clause 11.4.2 and the Seller is unable to implement it, the Seller shall offer another method provided in clause 11.4.2. The buyer does not have the right to change the way in which the rights already selected are protected. The buyer is not entitled to terminate the contract of sale if the deficiency of the goods is insignificant.
11.4.4. If the Buyer wishes to return the goods, the following conditions must be met:
11.4.4.1. notify the Seller of this on the invoice contact or diagtools.eu by e-mail info@diagtools.eu, the notice must indicate the goods to be returned;
11.4.4.2. present a proof of purchase and a guarantee (if any);
11.4.4.3. submit a free-form application and submit it to the Seller or diagtools.eu
11.4.5. The Buyer may exercise the right to return goods of substandard quality during the quality guarantee period specified in the document of purchase of the goods, which is provided by the Seller from whom the Buyer purchased the goods.
11.4.6. The Buyer is obliged to pay for the delivery of the goods and the return of the goods, and unless the Seller is convinced that the goods have been returned due to inadequate quality, he shall reimburse the Buyer for the delivery and return costs, except as provided in the Rules. The return of the goods shall be governed by clause 11.6 of the Rules.
11.4.7. The money will be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notice of the non-conforming goods, but if the Buyer has not returned the goods to the Seller, the term specified in this clause shall be calculated from the day of returning the Goods to the Seller. By approving these Rules, the Buyer expresses its consent that the money be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.4.8. Money will not be refunded for goods that have been intentionally or negligently damaged (chemicals, water, open flame, high temperature, sharp objects, etc.), or where the rules governing the use or storage of the goods have been violated or the goods have been misused or misused.
11.4.9. Separate rules for returning substandard quality goods may be specified by the Seller in the warranty documentation accompanying the goods. Such Seller-Adjustable Return Policy shall apply to the extent that it is not inconsistent with these Terms. In the event of any discrepancy between these Rules and the corresponding Rules established by the Seller, these Rules shall prevail.
11.5. Exchange and return of goods if the wrong goods were delivered
11.5.1. If the wrong goods have been delivered to the Buyer, the Buyer is obliged to inform diagtools.eu immediately by e-mail info@diagtools.eu or call +37129416069, but no later than within 7 (seven) working days. When information is received that diagonal goods have been delivered, diagtools.eu will inform the Seller, who undertakes to return the goods at their own expense and replace them with the correct goods. In this case, if the Seller does not have the ordered goods, he shall refund the money paid for the goods to the Buyer. The money will be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notice of cancellation, but if the Buyer has not returned the goods to the Seller, the time limit specified in this clause shall be calculated from the date of returning the Goods to the Seller. By approving these Rules, the Buyer expresses its consent that the money be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller. In this case, the Buyer agrees that diagtools.eu would recommend to him similar or similar goods sold by another Seller. Seller who has delivered an unsuitable item to the Buyer and who has no goods ordered by the Buyer, if the Buyer has indicated in the contacts indicated on the diagtools.eu website that he has agreed to purchase analogous or similar goods from another Seller.
11.5.2. The procedure for the return of goods and money is provided in clause 11.6 of the Rules.
11.6. Procedures for the return of goods and money
11.6.1. The Buyer has the right to contact the specific Seller from whom the product was purchased or diagtools.eu regarding the return of goods purchased from the Seller.
11.6.2. The Buyer may exercise the right to return the goods only if the time limit for returning the goods has not been exceeded. Returns of goods shall be subject to additional requirements in the cases specified in clauses 11.1.-11.3 of the Rules: the goods are not damaged or have not been significantly altered in appearance, the goods have not been used - all returned goods must be provided with authentic labels, protective bags and original packaging.
11.6.3. All gifts accompanying the purchased item must be returned at the same time, unless the purchased item is returned due to a defect in its quality and the gifts accompanying it are consumed or expired between the time of purchase and the discovery date of the defective item. .
11.6.4. When returning the goods, the Buyer must indicate the address of the sender and pack the goods properly so that they will not be damaged during shipment. The Seller from whom the Buyer has purchased the Goods has the right not to refund the money for the Goods returned with defective goods. The Seller shall not be liable for shipments that the Buyer has incorrectly packaged, incorrectly indicated the address, or if the shipments are lost or damaged during the return to the Seller.
11.6.5. If the Buyer has purchased a set of goods from diagtools.eu, he must return to the Seller the entire set of goods, i.e. the right of return shall apply to the Buyer only when all products included in the set have been returned. In the event that at least one of the items in the kit does not meet the requirements set out in clause 11.6.2 of the Rules, the Seller has the right to refuse to accept the entire returned item.
11.6.6. The Purchaser exercising the rights set forth in clauses 11.1 - 11.5 of the Rules shall comply with the requirements for the return of the goods and shall follow the procedure set forth therein.
11.6.7. The Buyer may return the item by sending it to diagtools.eu stores, returning it via diagtools.eu couriers or directly to the Seller or by mail. The Goods shall be returned to the Seller at the address indicated on the invoice provided by the Seller to the Buyer or via diagtools.eu, who in turn shall return the returned goods to the Seller. The terms and conditions of delivery of heavy goods to the Seller (for evaluation, alteration, repair or return of the Goods) shall be separately agreed between the Buyer and the Seller via diagtools.eu by phone or e-mail or directly by the Buyer to the Seller.
11.6.8. If the Buyer exercises the right set forth in clauses 11.1, 11.3-11.5 of the Rules, the money shall be refunded to him within 14 (fourteen) calendar days after the Buyer's notice has been delivered to the Seller, but if the Buyer has not of the day.
11.6.9. By approving these Rules, the Buyer expresses its consent that the money be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.6.10. In exercising the rights set forth in clauses 11.1-11.3., the Buyer shall be refunded: the price of the goods, if applicable, the administrative fee, if applicable, postage is not refundable. In exercising the rights set forth in clauses 4.-5. of the Rules, the Buyer shall be refunded: the price of the goods, if applicable, the administrative fee, if applicable, the delivery fee, only if applicable, the costs of returning the goods shall not be reimbursed.
11.6.11. If the Buyer has opted for more expensive delivery method than the cheapest method of delivery other than that offered by the Seller, the excess of cost of the first method of delivery chosen by the Buyer in excess of the cost of that method shall not be refunded.
11.6.12. The Seller has the right not to refund the amounts paid to the consumer before the goods have been handed over to diagtools.eu and the Seller has not checked them according to clause 11.6.2 of the Rules.
12. Liability
12.1. The Buyer shall be liable for any illegal activity that may be committed using diagtools.eu.
12.2. The Registered Buyer is responsible for storing and / or transferring its login information to third parties. If the services provided by diagtools.eu are used by a third party who logs in to diagtools.eu with the Buyer's login details, the Seller shall treat that person as the Buyer.
12.3. The Seller shall be relieved of all liability in cases where damages arise as a result of the Buyer's failure to comply with these Rules, the Privacy Policy, the Diagnostics.eu Terms of Use, despite the Seller's recommendations and obligations, even though he had such opportunity.
12.4. If links to third party websites are provided on diagtools.eu, diagtools.eu does not guarantee that the information displayed by clicking on these links is correct, complete or accurate. Third parties are responsible for the content, accuracy, completeness and accuracy of the information provided by third parties. diagtools.eu is not obligated to verify external information transmitted or stored or to identify illegal activities.
12.5. diagtools.eu shall not be liable for the proper performance of obligations of Buyer and Seller whose goods or services are ordered by Buyer using diagtools.eu.
13. The marketing tools used by Diagtools.eu
13.1. The Seller may, at its sole discretion, launch various campaigns and games at diagtools.eu.
13.2. During certain promotional campaigns, diagtools.eu may provide its Buyers with its virtual money, Diagtools money, which can be used to pay for purchases of goods sold on Diagtools and diagtools.eu. Goods sold by other Sellers can be paid for in Diagtools-money if such a possibility is provided on the diagtools.eu website for the goods sold by a specific Seller.
13.3. If the Purchaser purchases goods for which Diagtools.eu gives a certain amount for the new purchase of Diagtools money and the Purchaser exercises the right of withdrawal specified in the Terms and Conditions, the amount of Diagtools-money granted to the Purchaser shall be canceled.
13.4. If the Purchaser has paid a certain amount for Diagtools money for the purchase of the Product and the Purchaser exercises the right of withdrawal provided for in these Rules, the amount used in the Diagtools money shall be refunded to the Purchaser. The Buyer can check the amount of Diagtools money returned from My Account.
13.5. diagtools.eu reserves the right to unilaterally change or cancel the terms and conditions of promotions and games without prior notice. Diagtools.eu also has the right to unilaterally change and cancel the acceptance, use and payment of Diagtools money without prior notice. Any changes or cancellations to the terms and conditions of the Campaigns, receipt of Diagtools money and use for payment of goods shall be effective as of the moment of acceptance (cancellation) of the changes.
14. Exchange of information
14.1. All communications related to the purchase of goods through diagtools.eu are made independently of the Seller of the goods via diagtools.eu, using the contact information provided on the diagtools.eu website. In the event that the Buyer and the Seller communicate in connection with the Goods other than through diagtools.eu, diagtools.eu will not accept any liability or risk arising from such communication.
14.2. diagtools.eu, in accordance with the procedures set forth in this Policy, the diagtools.eu Terms of Use and the Privacy Policy, will send all notices to the Buyer at the time of registration or ordering of the Goods at the specified email address or via SMS to the contact telephone he or she designates.
15. Final provisions
15.1. These Rules have been prepared in accordance with the legislation of the Republic of the Republic of Latvia.
15.2. Relationships arising out of these Terms shall be governed by the law of the Republic of Latvia.
15.3. All disputes arising out of the implementation of these Rules shall be resolved by negotiation. If the agreement cannot be reached within 20 (twenty) calendar days, the disputes shall be settled according to the procedure provided by the legislation of the Republic of Latvia.
15.4. In the event that the Buyer disagrees with the Seller's written response to diagtools.eu to the Buyer's written claim, the Buyer (natural person, consumer) may submit his request / complaint to the Consumer Protection and Technical Surveillance Authority regarding the goods purchased from the Seller at diagtools.eu application form on the EGS platform https://ec.europa.eu/odr/.