Terms of service
1. INTRODUCTION
COMPANY – SIA "Brain Games Publishing", registered under registration number: 40103795843, with its legal address at Ausmas iela 6A, Riga, LV-1006, Latvia.
ONLINE STORE – The online store website maintained by the COMPANY, located at publishing.brain-games.com.
PRODUCTS – The goods and services offered on the ONLINE STORE.
CUSTOMER – An individual who has purchased PRODUCT(S).
USER – An individual who visits the ONLINE STORE and otherwise uses the functionality of the Online Store.
TERMS – These Terms of Service, which constitute a legally binding contract between the CUSTOMER and the COMPANY.
POLICY – The COMPANY's privacy and personal data protection policy document, available here.
2. GENERAL TERMS
2.1. These TERMS govern the legal relationship between the CUSTOMER and the COMPANY concerning use of the ONLINE STORE and purchase of the PRODUCTS and their delivery.
2.2. The CUSTOMER's use of the ONLINE STORE (both resulting in making a purchase and not) signifies the CUSTOMER's acceptance of these TERMS.
2.3. The COMPANY commits to execute and adhere to its POLICY.
3. USE OF THE ONLINE STORE
3.1. The USER may be required to create an account to make purchases via the ONLINE STORE, as well as to personalize the USER’S experience of the ONLINE STORE or to use certain functionality of the ONLINE STORE.
3.2. The USER is responsible for keeping all the access information of USER’S account so that third parties cannot get hold of it. . The USER agrees that all actions performed on the ONLINE STORE using the USER’S account are binding on the USER and will be considered actions performed by the USER. The USER undertakes all risks and liability for the actions done using the USER’S account.
3.3. The USER shall ensure that the e-mail indicated in USER’S account data is valid and functioning. The COMPANY may use it to send to the USER important information regarding purchases and use it for other communication with USER.
3.4. The COMPANY may stop activity of any USER’S account at any time if it is used for actions that the COMPANY considers illegal or unethical, or not in line with these TERMS. The COMPANY may close any USER’S account if the COMPANY learns that the USER at the time is younger than 18 years. The COMPANY may discontinue user account functionality for some or all USERS, may cancel any USER’S account and erase information related thereto at any time upon its discretion.
3.5. The ONLINE STORE is made available as it is at any specific moment. The COMPANY undertakes no express or implied warranty regarding accessibility of the ONLINE STORE or the functionality available at the ONLINE STORE at any time.
3.6. The COMPANY is not liable for malfunction of any communication networks that may result in malfunctioning of the ONLINE STORE’S functionality, including but not limited to, online purchases and submission of any data.
3.7. The USER uses the ONLINE STORE, its services and information provided on the ONLINE STORE undertaking all the risks and costs related thereto. Except for the information that needs to be exchanged in order to form an order and to comply with the rights of the Customer as a consumer (e.g., prices, description of the Products, the delivery terms, etc.), the COMPANY undertakes no liability regarding the information provided on the ONLINE STORE. The information is provided without express or implied warranty for its correctness, completeness or suitability for particular purpose.
4. PRODUCT ORDER AND PAYMENT PROCEDURE
4.1. Information about the PRODUCT and its price is specified on the ONLINE STORE page corresponding to the respective PRODUCT. The CUSTOMER may ask the COMPANY the questions about the PRODUCT if an information that is essential to the CUSTOMER has not been provided. If the CUSTOMER does not find the provided information sufficient, the CUSTOMER shall not add the PRODUCT to the order.
4.2.Prices of PRODUCTS and delivery charges may change without notice and are fixed at the moment of formalising of the order immediately before the payment.
4.3. Prices include value-added tax (VAT). In addition to the PRODUCT price, the processing, packaging and shipping costs (hereinafter “delivery costs”) may be payable. These costs are indicated separately before the CUSTOMER pays for the order. The PRODUCT price and the delivery costs are charged in the currency that is indicated in the respective order. The CUSTOMER is responsible for any currency exchange costs.
4.4. In addition to the PRODUCT price, the customs charges and duties may apply, depending on the country of delivery. Any additional charges or import taxes imposed by customs authorities are the responsibility of the CUSTOMER. The COMPANY is not liable for any customs-related costs.
4.5. The CUSTOMER, when using the ONLINE STORE, forms a draft order by adding at least one PRODUCT to the shopping cart. The CUSTOMER has the option to add other PRODUCTS to the shopping cart (the draft order) and to remove added PRODUCTS before making payment for the order.
4.6. Before payment for an order, the CUSTOMER must specify the method and address of delivery of the PRODUCTS included in that order.
4.7. The CUSTOMER must make payment for the PRODUCTS included in the order and their delivery using one of the payment methods specified on the ONLINE STORE.
4.8. The order is considered completed and becomes binding on the CUSTOMER and the COMPANY when the COMPANY has received payment for the PRODUCTS included in the respective order and their delivery. Even if the COMPANY may be aware of the PRODUCTS placed in a shopping cart, placing of the PRODUCTS therein does not constitute an order and causes no obligations to the CUSTOMER or to the COMPANY.
4.9. After receiving the payment, the COMPANY will send an order confirmation to the CUSTOMER's specified email address.
4.10. Once the COMPANY has received full payment for the PRODUCTS included in the order and their delivery, the COMPANY will deliver the PRODUCTS included in the respective order to the delivery address specified for that order.
5. PRODUCT DELIVERY
5.1. Delivery costs may apply, depending on the selected delivery method and location, and other factors. If applicable, the delivery costs are specified during PRODUCT ordering process, after selecting the delivery address and the method of delivery.
5.2. When choosing courier delivery, the CUSTOMER is advised to provide accurate and complete information about the delivery location (e.g., door code, floor, exact building entrance, if multiple entrances exist, apartment number, any relevant delivery instructions etc.). The COMPANY is not responsible for delays in delivery and returned deliveries due to incomplete or inaccurate information provided by the CUSTOMER. The CUSTOMER undertakes all risks resulting from indicating of an incomplete or incorrect address, and for loss of the parcel or delivery to a wrong recipient resulting therefrom. In case the COMPANY may think the CUSTOMER has provided incorrect or incomplete address, the COMPANY will contact the CUSTOMER to receive confirmation of the address and may suspend shipment process until the moment the COMPANY receives the CUSTOMER’S confirmation.
5.3. The delivery timeframe for each order depends on the various conditions that may appear during the delivery process (e.g., the selected mode of delivery and performance of the carrier, and the customs offices if involved). Any indication of a future delivery date is a non-binding prognosis. The CUSTOMER may use the delivery tracking service, if and as provided by the respective carrier.
5.4. Regardless of the delivery method chosen, the CUSTOMER is obligated to inspect whether all the PRODUCTS included in the respective order are delivered and whether the PRODUCT packaging is intact and undamaged at the moment of delivery. If packaging damage or other discrepancies are detected, the CUSTOMER must note them on the delivery document or inform the COMPANY immediately upon receiving the delivery, by stating the nature of the objections and attaching evidence (e.g., photographs of the damaged parcel, damaged goods, etc.).
5.5. If, in cases or damaged or defective, or missing PRODUCTS, the COMPANY cannot provide the CUSTOMER with the ordered PRODUCT, the COMPANY has the right, with the CUSTOMER's consent, to provide the CUSTOMER with another PRODUCT of equivalent value.
5.6. The CUSTOMER must ensure receiving of the PRODUCTS at their destination address. Returned deliveries will only be shipped repeatedly after the COMPANY has received payment for the costs of the repeated shipping..
5.7. In case of any defect or damage to the delivered PRODUCT that existed at the time of the delivery the only remedy available to the CUSTOMER who is not a consumer according to the applicable law is the right to cancel the order regarding the damaged or defective PRODUCT and to request the refund of the PRODUCT price and the related delivery costs. Such request must be submitted within 14 days following the day of receipt of the defective or damaged PRODUCT and evidence regarding the damage or defect must be attached to the request. The CUSTOMER who is a consumer according to the applicable law may submit claims regarding the non-compliance of the PRODUCT with the terms of the order, which non-compliance has been present at the time of delivery of the PRODUCT, within 24 months following the day of receipt of the non-compliant PRODUCT.
6. RIGHT OF WITHDRAWAL
6.1. The right of withdrawal may only be exercised by a CUSTOMER who is a consumer according to the applicable law (hereinafter Consumer).
6.2. A Consumer has the right to exercise the right of withdrawal and unilaterally withdraw from the purchase contract within 14 days from the day of receiving the PRODUCT(S), by notifying the COMPANY.
6.3. If the Consumer wishes to exercise the right of withdrawal, they must send a completed withdrawal form or an email to info@brain-games.com, providing the Consumer's name and surname, address, the PRODUCT name from purchase of which the Consumer withdraws, the date of receiving of the PRODUCT,, the Consumer's bank account number, and a statement on withdrawal from the PRODUCT purchase contract.
6.4. In case of withdrawal, the COMPANY will refund to the Consumer the PRODUCT price and a corresponding part of the delivery costs within 14 days of receiving notice of the exercise of the right of withdrawal, as well as other necessary information. The corresponding part of the delivery costs shall be the part of the delivery costs that would not have been charged if the respective Product had not been included in the respective delivery.
6.5. The Consumer must return the unused PRODUCT with its original, undamaged packaging to the Company within 14 days from the date of sending the written withdrawal notice. The Consumer bears the costs of returning the PRODUCT.
6.6. When exercising the right of withdrawal, the Consumer is responsible for any decrease in the value of the PRODUCT resulting from actions that are not compatible with the principles of good faith, including using the PRODUCT for purposes other than determining its properties or operation.
7. PRIVACY
7.1. All personal data entered on the ONLINE STORE are protected in accordance with the COMPANY's POLICY, as well as in accordance with the law applicable in the Republic of Latvia relating to privacy or personal data protection.
8. CONCLUDING TERMS
8.1. Any relationship regarding the PRODUCT manufacturer’s warranty shall be between the CUSTOMER and the respective manufacturer. The COMPANY does not provide any warranty for the PRODUCT.
8.2. All intellectual property rights related to the ONLINE STORE and the content displayed on it belong to the COMPANY or to a third party. Nothing in these TERMS shall be interpreted as granting any right in the ONLINE STORE and the content displayed on it. Use of any content of the ONLINE STORE in any manner is subject to receiving a permission form the COMPANY, and form the respective third parties, if required.
8.3. Any disputes arising between the CUSTOMER and the COMPANY shall be resolved through negotiations in accordance with these TERMS and the law applicable in the Republic of Latvia. All disputes between the CUSTOMER and the COMPANY shall be resolved in courts of the Republic of Latvia. Court of the COMPANY’S registered address shall be the court of the first instance.
8.4. Nothing in these TERMS may be interpreted to limit the statutory rights of a consumer that cannot be waived. If these TERMS are contrary to the provisions of the applicable consumer protection laws and the respective rights of the consumer may not be waived, then the respective provisions of the applicable consumer protection laws shall apply. If any of the limitations of liability provided in these TERMS appears to be unenforceable under the applicable laws, the provision is not however cancelled, and shall be applied to the maximum extent permitted under the applicable laws
