Terms and Conditions on sale
General conditions of sale
Scope
These terms and conditions apply to all purchases from “Love Motorbikes” (see "Imprint" on this website) made by private customers. Private customers in this sense are people with a place of residence and a delivery address in the Republic of Latvia, the European Union (EU) and the European Economic Area (EEA), insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
We do not accept commercial orders, only for private customers. We reserve the right to choose our customers and to not accept orders for any reason.
Prices and shipping costs
The displayed prices are final offer prices including all applicable taxes. The amount that is shown at the time of the binding order applies. SIA TENNECS only accepts an offer after the item is shipped, if it is not shipped to the customer, no contract of sale will have taken place.
Shipping costs may vary and depend on several factors that may or may not apply such as but not exclusively the offered shipping methods, region of delivery, country of manufacture of the purchased product, shipping method and the size and weight of the goods you have ordered. You as the customer bear the regular costs of returning the goods if you return the goods by exercising your right of cancellation under the distance selling act, in accordance with the EU distance selling directive 97/7..
Payment
Accepted payment methods are shown during checkout and at the discretion of the seller.
They may include:
- - Credit card;
- - Debit card;
- - certain cryptocurrencies as shown during checkout, via our partner Coinbase;
- - Payment in advance into our bank account;
- - Klarna;
- - Ideal;
- - Sofort.
Late payment
If you are in default of payment, SIA TENNECS is entitled to demand default interest of 5 percentage points above the base interest rate per annum announced by the central bank of Latvia for the time of the order. If SIA TENNECS has demonstrably incurred a higher damage caused by delay, SIA TENNECS is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer within the European Union (EU) and European Economic Area (EEA), of course including the republic of Latvia, excluding overseas territories and islands such as but not limited to French Guyana or Borkum.
(2) If force majeure (includes, but is not limited to, fires, storms, floods, earthquakes or other natural disasters, war and military action, terrorist attack, changes in legislation and government decisions or orders, including the declaration of a state of emergency or emergency situation, incl. Covid-19 restrictions, e.g., business restrictions, orders by institutions or credit institutions, or decisions to freeze, seize or otherwise circumvent financial resources, including when the manufacturer discontinues manufacturing, and other circumstances, which cannot be foreseen or prevented by reasonably foreseeable means of action) makes delivery or any other service permanently impossible, SIA TENNECS' obligation to perform is excluded.
(3) SIA TENNECS can also refuse fulfillment if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith.
(4) Bulky goods (packages with a volume of more than 1 cubic meter) are usually delivered by a forwarding agent. SIA TENNECS expressly states that this product is not carried indoors.
Inexpensive shipping method for returns
When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the functional test, but at the same time ensuring secure shipping.
Retention of property
The delivered goods remain the property of SIA TENNECS until all claims against the customer from the purchase contract have been settled in full. As long as this retention of property exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.
Rights in case of defective products
(1) A product that is already defective upon delivery (warranty case) is
(2) SIA TENNECS will replace the defective product with one that is free of defects or have the faulty one repaired professionally at the expense of SIA TENNECS. The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case in particular does not exist in the following cases:
- a) in the event of damage caused by misuse, abuse or improper use of the purchased product by the customer,
- b) for damage caused by the purchased products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, SIA TENNECS does not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
(3) If the type of repair or replacement desired by the customer requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfillment - considering in particular the value of the purchased product in a defect-free condition, the significance of the defect and the question of whether another way of fulfilment can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of fulfilment. SIA TENNECS' right to refuse this other type of fulfilment under the aforementioned condition remains unaffected.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by the customer at his own expense, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. SIA TENNECS is under no obligation to inspect the product for the incorporation of such items. SIA TENNECS shall not be liable for the loss of such items unless SIA TENNECS was able to readily identify at the time of taking back the product that such an item had been inserted into the product (in which case SIA TENNECS will inform the customer and holds the item ready for the customer to collect; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software (if applicable) on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability of SIA TENNECS for data loss is strictly denied. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation:
If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods diminished to a used product value. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods that did not occur due to the defect in the period between delivery of the goods and return of the goods.
The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the following warranty cases:
- a) if the defect that entitles to compensation for loss or deterioration only became apparent during the processing or transformation,
- b) if SIA TENNECS is responsible for the deterioration or the loss or if the damage would also have occurred at SIA TENNECS,
(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to fulfillment of the contract within reasonable time. In that case the seller can retain 20% of the paid amount.
(8) When the product purchased on “Love Motorbikes” is made in China or Germany, the buyer accepts that instead of claiming against SIA TENNECS, any claim based upon manufacturers defect of a product bought on “Love Motorbikes” is made against the identifiable manufacturer when placing the order.
(9) The statutory warranty of SIA TENNECS ends two years after delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the event of slight negligence, SIA TENNECS is only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. SIA TENNECS is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of whether SIA TENNECS is at fault, SIA TENNECS' liability in the event of fraudulent concealment of a defect or the assumption of a guarantee remains unaffected. The manufacturer's warranty is a guarantee given by the manufacturer and does not constitute an acceptance of any guarantee by SIA TENNECS.
(3) SIA TENNECS is also responsible for the accidental impossibility of delivery that occurs during a delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, agents and employees of SIA TENNECS for damage caused by them through slight negligence is excluded.
(5) SIA TENNECS is not liable for consequences due to inappropriate or illegal use of the products it sells. The buyer needs to check if the items purchased are legal to use on the public roads in the country of intended use. Especially ECE and DOT certifications need to be checked.
Applicable Law
The contract concluded between you, the buyer, and SIA TENNECS is exclusively subject to the laws of the Republic of Latvia, with the express exclusion of the UN sales law. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in the Republic of Latvia or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the Republic of Latvia.
Dispute resolution
All disputes shall be first resolved through negotiations and if there is no results then can be used other institutions. General information requirements for alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure with a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.