WARRANTY, PRODUCT CONFORMITY AND REPAIRS 

This section explains the buyer’s rights in cases where a defect or other non-conformity is found in the purchased product, as well as the difference between the consumer rights provided by law, the manufacturer’s or seller’s commercial warranty, and paid repairs or maintenance.

1. Consumer’s statutory rights

If the product is purchased by a natural person for a purpose not related to their business or professional activity, the purchase is subject to the consumer protection legislation of the Republic of Latvia.

Within two years from the date of delivery of the product, the Consumer has the right to submit a claim to SIA “Birma PETS Services” regarding a product that does not comply with the terms of the contract.

The claim must be submitted at least within two months from the day the Consumer discovered the non-conformity.

These rights exist regardless of whether the product has been granted a manufacturer’s or seller’s commercial warranty.

This is not a “two-year manufacturer’s warranty”, but the Consumer’s rights against the Seller as provided for in the Consumer Rights Protection Law.

2. What to do if a defect is found in the product?

If a non-conformity is found in the product, please contact:

SIA “Birma PETS Services”
Matīsa iela 64, Riga, LV-1009
Phone: +371 20238238
E-mail: [email protected]

In order to review the claim as quickly as possible, please indicate:

  • the buyer’s first name, last name or company name;
  • contact information;
  • the product name and, if available, the serial number;
  • the purchase or order number;
  • a description of the defect or problem;
  • when and under what circumstances the problem was discovered;
  • if possible, attach photos or video.

The Seller may ask to hand over the product for inspection in order to determine the nature of the non-conformity and a possible solution.

3. Repair or replacement of the product

If it is established that the product does not comply with the terms of the contract, the Consumer is first entitled to choose:

free repair to remedy the product’s non-conformity,

or

replacement of the product with a product that complies with the terms of the contract,

except in cases where the chosen remedy is impossible or disproportionate.

Repair or replacement is carried out free of charge, within a reasonable time and without causing significant inconvenience to the Consumer.

The necessary costs related to delivering a product that does not comply with the terms of the contract for repair or replacement are covered by the Seller in accordance with the procedure set out in regulatory enactments.

4. Price reduction or refund

In cases provided for by regulatory enactments, the Consumer may have the right to request a proportionate reduction of the product price or to cancel the contract and receive a refund of the amount paid for the product.

This may apply, for example, if:

  • the product cannot be repaired or replaced;
  • the Seller has not remedied the non-conformity within a reasonable time;
  • after repair or replacement, the non-conformity still exists;
  • the non-conformity is sufficiently significant to justify an immediate price reduction or cancellation of the contract;
  • it is clear that the Seller will not remedy the non-conformity within a reasonable time.

If the non-conformity is minor, the Consumer may not have the right to request cancellation of the contract.

5. Manufacturer’s or seller’s commercial warranty

For certain products, in addition to the Consumer’s statutory rights, a commercial warranty may be offered.

A commercial warranty is an additional voluntary commitment undertaken by the manufacturer, the Seller or another warranty provider.

If the product has a commercial warranty, the warranty information indicates:

  • the warranty provider;
  • the warranty period;
  • the products covered by the warranty;
  • the scope of the warranty;
  • the procedure for submitting a claim;
  • other warranty terms.

A commercial warranty does not limit or replace the Consumer’s statutory rights against the Seller.

If the Consumer has both statutory rights and a valid commercial warranty, the Consumer may choose which rights protection mechanism to use in the specific situation.

6. Manufacturer’s durability commercial warranty

Manufacturers of certain products may offer a durability commercial warranty at no additional charge.

If the manufacturer’s durability commercial warranty:

  • applies to the entire product;
  • is offered at no additional charge;
  • is longer than two years;

and the manufacturer has provided this information to the Seller, the product information will indicate the term of this commercial warranty and use the harmonised durability commercial warranty label established in the European Union.

During the manufacturer’s durability commercial warranty period, the manufacturer is obliged, in accordance with applicable regulatory enactments, to ensure the remedy of the product’s non-conformity or replacement of the product, unless the manufacturer has offered the Consumer more favourable terms.

7. Equipment intended for professional use

Birma.lv also offers professional equipment, including grooming devices and tools.

The fact that a product is intended for professional use does not in itself limit the Consumer’s statutory rights if the product was purchased as a Consumer by a natural person for a purpose not related to their business or professional activity.

However, if the product is purchased by a legal entity or by a natural person for the needs of their business or professional activity, the special consumer rights provided for in the Consumer Rights Protection Law do not apply to such a transaction.

In such cases, the terms of the purchase contract, the manufacturer’s or Seller’s commercial warranty terms for the specific product (if provided), and other applicable regulatory enactments apply.

8. Warranty for professional equipment

The term and conditions of the manufacturer’s commercial warranty for professional equipment may vary depending on:

  • the manufacturer;
  • the product model;
  • the intended type of use;
  • the intensity of use;
  • compliance with maintenance requirements;
  • other specific commercial warranty terms.

The term and conditions of the manufacturer’s commercial warranty for the specific product, if offered, are indicated in the product description, the warranty document or other information provided together with the product.

9. What is not automatically considered a warranty case

Damage to a product in itself does not yet mean that it is a manufacturing defect or a product that does not comply with the terms of the contract.

When assessing the cause of the damage, the following may be taken into account, for example:

  • mechanical damage;
  • improper use;
  • failure to follow the instructions for use;
  • an unsuitable electrical network or power supply;
  • damage caused by moisture or liquid, if the product is not intended for that;
  • improper cleaning or maintenance;
  • use of unsuitable accessories or spare parts;
  • unauthorised disassembly, modification or repair of the product;
  • natural wear of parts.

However, each case is assessed individually. This list in itself does not limit the Consumer’s rights in cases where the product does not comply with the terms of the contract.

10. Wear parts

Some units of equipment contain parts that naturally wear out during operation, for example, certain types of carbon brushes, filters, seals, blades, batteries or other parts depending on the design of the specific device.

Natural wear that corresponds to the type of product, intensity of use and expected service life is not in itself considered a non-conformity with the terms of the contract.

At the same time, calling a part “wearing” does not in itself exclude the Consumer’s rights if premature failure of the specific part was caused by a manufacturing, material or other defect constituting a non-conformity of the product.

11. Equipment diagnostics

If it is not possible to determine the cause of the damage from an external inspection, it may be necessary to submit the equipment for diagnostics.

If the claim is related to a possible non-conformity of the product with the terms of the contract and it is established that it is a non-conformity for which the Seller is responsible, the Consumer will not be charged for the necessary diagnostics or remedy of the non-conformity.

If it is established that the damage is not related to a non-conformity of the product with the terms of the contract or the applicable commercial warranty, the Buyer will be provided with information about further repair options and costs before paid repair is carried out.

Paid repair is carried out after agreement with the Buyer.

12. Spare parts and repairability

If, in accordance with applicable regulatory enactments, a repairability index is set for a specific product, it is indicated in the product information.

If a repairability index is not applicable to the specific product and the manufacturer has provided the Seller with the relevant information, the product may include information about:

  • availability of necessary spare parts;
  • approximate spare parts costs;
  • the procedure for ordering spare parts;
  • repair limitations;
  • availability of maintenance and repair instructions.

The availability and price of specific spare parts may change according to the terms of the manufacturer or supplier.

13. Products with digital elements

If the product has digital elements and the manufacturer has provided the Seller with the relevant information, the product description indicates the minimum period or date until which the manufacturer provides software updates.

This also includes security updates if they are necessary to maintain the product’s conformity and functionality.

The Consumer is advised to install the necessary software updates provided by the manufacturer in a timely manner and to follow their installation instructions.

14. Paid repair and maintenance

If:

  • the Consumer’s statutory claim rights are no longer applicable to the product;
  • the damage is not a non-conformity of the product with the terms of the contract;
  • the damage is not covered by a commercial warranty;
  • repair is requested for professional or other products outside the applicable warranty coverage,

Birma PETS may offer paid diagnostics, maintenance or repair if such a service is available for the specific equipment.

Before paid repair is carried out, the Buyer is informed of the expected costs or the procedure for calculating costs. Repair is carried out after the Buyer’s approval.

Spare parts costs, if necessary, are calculated separately.

15. Warranty repair and paid repair are not the same

Remedy of product non-conformity — implementation of the Consumer’s statutory rights.

Commercial warranty repair — repair performed in accordance with the additional warranty terms of the specific manufacturer, the Seller or another warranty provider.

Paid repair — a service in cases where remedying the damage does not have to be carried out free of charge under the Consumer’s statutory rights or a commercial warranty.

These three cases are assessed separately.

16. Handling of complaints

The Consumer’s written submission is reviewed in accordance with the procedure set out in regulatory enactments.

If no agreement has been reached on the fulfilment of the claim, the Seller provides a written response no later than within 15 business days from the day the submission is received, except in cases where, for objective reasons, a longer period is required and the Consumer is informed thereof.

If the dispute cannot be resolved through mutual negotiations, the Consumer may use the out-of-court dispute resolution options provided for in Latvian regulatory enactments.

SIA “Birma PETS Services”
Matīsa iela 64, Riga, LV-1009
Phone: +371 20238238
E-mail: [email protected]