Terms and conditions - ProMetal Group

TERMS OF USE AND SALE OF GOODS

PROMETAL GROUP SIA

1. General provisions

1.1. These terms of use and sale of goods (hereinafter – the Terms) govern the use of the website www.prometals.lv and its online store (hereinafter – the E-shop), the ordering of goods, the conclusion of the purchase contract, payment, delivery, the exercise of the right of withdrawal, the handling of claims, and the acceptance and fulfilment of orders for custom-made metal products.

1.2. Owner of the E-shop and seller (hereinafter – the Seller):

Name: PROMETAL GROUP SIA
Registration number: 40103251863
VAT number: LV40103251863
Legal address: Vidzemes iela 5A, Ogre, LV-5001, Latvia
Bank: AS Citadele banka
Bank account: LV16PARX0019028160002
E-mail: [email protected]
Phone: +371 650 71 498

1.3. Terms used in these Terms:

Buyer – a natural or legal person who purchases the Seller's goods or orders services.

Consumer – a natural person who purchases goods or services for a purpose not related to their business or professional activity.

Goods – a metal product offered by the Seller or other goods available in the E-shop.

Standard goods – goods with a specification and parameters set in advance by the Seller, offered to buyers regardless of the individual requirements of a particular buyer.

Custom-made goods – goods made according to the Buyer's individual instructions or clearly personalised.

Custom order – an order for the manufacture of a custom product or for metalworking, design, laser cutting, bending, CNC machining, welding or another service.

B2B transaction – a transaction in which the Buyer acts within the scope of their business or professional activity and is not considered a Consumer.

1.4. Relations with Consumers are governed by the Consumer Rights Protection Law, the Civil Law, Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” and other applicable laws and regulations of the Republic of Latvia and the European Union.

1.5. B2B transactions are governed by the Civil Law, where applicable the Commercial Law, these Terms and contracts concluded individually between the parties.

1.6. Before submitting an order, the Buyer is given the opportunity to read these Terms. By accepting them and submitting an order, the Buyer confirms their agreement to the application of the Terms to the transaction concerned.

1.7. Personal data is processed in accordance with the Seller's Privacy Policy. Reading the Privacy Policy is not equivalent to separate consent to the processing of personal data in cases where such consent is required.

1.8. If the parties have concluded a separate written contract for a specific order, its terms take precedence over these Terms, to the extent this does not contradict mandatory legal requirements.

2. Product information, placing orders and payment

2.1. Product information and prices

2.1.1. Prices of goods shown in the E-shop are in euros (EUR), including applicable value added tax (VAT), unless clearly stated otherwise.

2.1.2. Delivery costs are not included in the price of the goods, unless stated otherwise in the specific offer. Delivery costs and the total order amount are shown before the order is submitted.

2.1.3. The Seller is entitled to change prices, descriptions and the range of goods. Such changes do not apply to contracts already concluded, except in cases provided for by law or by agreement of the parties.

2.1.4. Product images are for illustration purposes. Minor visual differences, including in colour shades or surface appearance, are acceptable only to the extent that they do not conflict with the conformity requirements set out in the contract or provided for by law.

2.1.5. The essential technical parameters, dimensions, material and other properties of the goods are stated in the E-shop or in an individually agreed specification.

2.2. Placing an order

2.2.1. The Buyer may place an order by creating a customer account or without registering, if these options are available in the E-shop.

2.2.2. To place an order, the Buyer:

selects the goods and the required quantity;
provides the information required to fulfil the order;
selects an available delivery method;
checks the contents of the order and the total amount;
reads the Terms and submits the order using the payment method provided in the E-shop.

2.2.3. The Buyer is responsible for the accuracy of the contact information, delivery address, company details and other information required to fulfil the order.

2.2.4. If the information provided by the Buyer is incorrect or incomplete, the Seller may request that it be clarified. The consequences of delivery delays or justified additional costs resulting from incorrect information provided by the Buyer are dealt with in accordance with applicable law.

2.3. Conclusion of the contract

2.3.1. By submitting an order in the E-shop, the Buyer makes an offer to purchase the selected goods under the conditions stated in the order.

2.3.2. After the order is submitted, the Seller sends the Buyer an electronic notice that the order has been received. An automatic notice of receipt of the order does not in itself constitute the conclusion of a contract unless it clearly states that the order has been accepted.

2.3.3. The purchase contract is concluded when the Seller sends the Buyer a confirmation of acceptance of the order to the e-mail address provided. This provision must correspond to the order acceptance procedure actually implemented in the E-shop.

2.3.4. Before accepting an order, the Seller is entitled to refuse to accept it in objectively justified cases, including where:

the goods are not available;
it is not technically possible to fulfil the order;
an obvious price or technical error has been shown;
fulfilling the order would be contrary to law;
there is reasonable suspicion of a fraudulent transaction.

2.3.5. If the order is not accepted and the Buyer has made a payment, the Seller refunds the amount received without undue delay.

2.3.6. After the contract is concluded, its unilateral cancellation or amendment is permitted only in accordance with applicable law and agreement of the parties.

2.3.7. The Seller provides the Consumer with confirmation of the distance contract on a durable medium in accordance with the procedure laid down by law.

2.4. Payment

2.4.1. Payments in the E-shop are handled by the MakeCommerce payment platform, provided by Maksekeskus AS.

2.4.2. The available payment methods, including online bank payments and payment cards, are shown while placing the order.

2.4.3. The Seller does not receive or store the Buyer's full payment card details or online banking authentication data.

2.4.4. Unless otherwise agreed, the Seller starts fulfilling the order after the payment has been received and the other conditions necessary for fulfilling the order have been met.

2.4.5. Legal entities may be offered payment by invoice and bank transfer by individual agreement.

2.4.6. The payment status is checked in the payment system. The fact that the Buyer does not return to the E-shop after making a payment does not in itself affect the legal validity of a successfully confirmed payment.

3. Delivery of goods

3.1. Goods are delivered to the delivery areas shown in the E-shop while placing the order.

3.2. Depending on the properties of the goods, delivery may be available via an Omniva parcel locker, courier or another delivery method offered by the Seller.

3.3. Delivery costs, available delivery methods and the applicable delivery time are shown to the Buyer before the order is confirmed.

3.4. For oversized or heavy metal products, delivery conditions and costs may be set individually and agreed before a binding order is concluded.

3.5. The delivery time of the goods is set in the order confirmation or in an individual contract. If the goods need to be manufactured, the Seller informs the Buyer of the applicable manufacturing and delivery time before the contract is concluded.

3.6. Unless otherwise agreed with the Consumer, the Seller delivers without undue delay and no later than 30 days from the conclusion of the contract.

3.7. If the Seller does not deliver the goods within the agreed time, the Consumer may exercise the rights provided for by law, including requesting delivery within an additional period or, in cases laid down by law, withdrawing from the contract.

3.8. The Seller informs the Buyer of significant delivery delays as soon as they become known.

3.9. When receiving the goods, the Buyer is asked to check the packaging, completeness and any visible damage. If damage is found, it is recommended to document it and inform the Seller as soon as possible.

3.10. Failure to give notice immediately after receiving the goods does not limit the Consumer's statutory rights regarding goods that do not conform to the contract.

3.11. In the case of a Consumer purchase, the risk of accidental loss of or damage to the goods passes to the Consumer when they, or a third party designated by them other than the carrier, take physical possession of the goods. If the Consumer chooses a carrier not offered by the Seller, the transfer of risk is determined by applicable law.

3.12. In B2B transactions, the terms of delivery and transfer of risk may be specified in an individual contract or order confirmation.

4. Consumer's right of withdrawal

4.1. General withdrawal procedure

4.1.1. The Consumer has the right to withdraw from a distance contract within 14 days without giving any reason, except in cases provided for by law.

4.1.2. When purchasing goods, the withdrawal period usually runs from the day on which the Consumer or a third party designated by them other than the carrier receives the goods. If the goods in one order are delivered separately or in parts, the period is determined in accordance with Cabinet of Ministers Regulation No. 255.

4.1.3. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract before the withdrawal period expires.

The notice can be sent:

by e-mail to [email protected];
by post: PROMETAL GROUP SIA, Vidzemes iela 5A, Ogre, LV-5001, Latvia.

4.1.4. The Consumer may use the model withdrawal form attached to the Terms or submit another clear statement.

4.1.5. To exercise the right of withdrawal, it is sufficient to send the notice before the withdrawal period expires. Stating the order number helps identify the purchase, but its absence is not in itself a reason to reject an identifiable withdrawal notice.

4.2. Exceptions to the right of withdrawal

4.2.1. The Consumer has no right of withdrawal in the cases set out in point 22 of Cabinet of Ministers Regulation No. 255 and other applicable laws.

4.2.2. The right of withdrawal does not apply to goods made to the Consumer's specifications or clearly personalised, if the specific order falls under the relevant exception provided for by law.

Such goods may include:

parts made to the Consumer's individual drawing;
metal products made to dimensions and parameters specified individually by the Consumer;
individually designed and manufactured metal structures;
other products clearly personalised for a specific Consumer.

4.2.3. The fact that the Seller manufactures the goods only after receiving the order is not in itself a reason to exclude the right of withdrawal.

4.2.4. For service contracts, the right of withdrawal and its exceptions apply according to the nature of the specific service and legal requirements. If the Consumer requests that performance of the service begin during the withdrawal period, the Seller obtains the necessary requests, consents and acknowledgements from the Consumer in the cases provided for by law.

4.2.5. The Seller informs the Consumer before the contract is concluded if there is no right of withdrawal for a specific order.

4.2.6. An exception to the right of withdrawal does not limit the Consumer's rights regarding goods or services that do not conform to the contract.

4.3. Return procedure and costs

4.3.1. If the Consumer exercises the right of withdrawal, they must send back or hand over the goods to the Seller no later than 14 days after sending the withdrawal notice, unless the Seller has offered to collect the goods itself.

Return address:

PROMETAL GROUP SIA
Vidzemes iela 5A
Ogre, LV-5001
Latvia

4.3.2. If the Consumer exercises the right of withdrawal for goods that conform to the contract, the Consumer bears the direct cost of returning the goods, unless the Seller has agreed to bear it or the law provides otherwise.

4.3.3. If, due to their nature, weight or size, the goods cannot be returned by normal post, information about the relevant return costs is provided to the Consumer before the contract is concluded, in accordance with the procedure laid down by law.

4.3.4. The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods, in accordance with applicable law.

4.3.5. The absence of the original packaging is not in itself a reason to deny the right of withdrawal. When returning the goods, the Consumer must use suitable packaging to prevent damage during transport as far as possible.

4.3.6. The Seller cannot deny a lawfully applicable right of withdrawal solely because the returned goods are not in their original packaging or show wear consistent with the inspection permitted by law.

4.4. Refunds

4.4.1. If the Consumer lawfully exercises the right of withdrawal, the Seller refunds all payments received under the contract concerned, including the initial standard delivery costs, to the extent provided for by law, no later than 14 days after receiving the withdrawal notice.

4.4.2. The Seller is not obliged to refund additional costs arising from the Consumer choosing a more expensive delivery method than the cheapest standard delivery offered by the Seller.

4.4.3. The Seller may withhold the refund until it has received the goods back or proof that the goods have been sent back – whichever is earlier –, unless the law provides otherwise.

4.4.4. Refunds are made using the same means of payment as used in the original transaction, unless the Consumer has expressly agreed to another refund method and it does not cause them any additional costs.

4.4.5. The Seller is entitled to claim compensation for a justified diminished value of the goods as provided for by law, if the conditions for such a claim are met.

5. Non-conforming goods and claims

5.1. The Seller provides the Consumer with goods that conform to the terms of the contract and the requirements of applicable law.

5.2. The Consumer is entitled to make a claim regarding the non-conformity of the goods with the contract in accordance with Sections 27 and 28 of the Consumer Rights Protection Law.

5.3. The Seller's liability for a lack of conformity that existed at the time of delivery and becomes apparent within two years of receiving the goods is subject to the conditions provided for by law, including the rules on the burden of proof.

5.4. The Consumer informs the Seller of the non-conformity of the goods within the period laid down by law. The Consumer Rights Protection Law provides for a claim to be made within two months of the day the non-conformity is discovered.

5.5. Claims can be submitted by e-mail to [email protected], describing the non-conformity found and providing information that allows the purchase to be identified.

5.6. The Buyer is asked to attach photos of the goods, a description of the non-conformity or other evidence at their disposal, if it may help assess the claim. Not submitting photos is not in itself a reason to reject a justified claim.

5.7. In accordance with the procedure laid down by law, the Consumer may request free repair or replacement of the goods and, in cases laid down by law, a price reduction or termination of the contract and a refund of the corresponding amount.

5.8. The Seller provides a written reply to the Consumer's submission in accordance with the procedure and time limit laid down in the Consumer Rights Protection Law, taking into account the requirement to reply within 15 working days.

5.9. The Seller is not liable for damage resulting from improper use, incorrect installation, inappropriate operation, external mechanical impact or natural wear and tear of the goods, if it is not related to a non-conformity of the goods for which the Seller is responsible.

5.10. The provisions of this section also apply to custom-made goods insofar as the Buyer is a Consumer and consumer protection rules apply to the transaction concerned.

6. Ordering custom-made metal products

6.1. Quote request

6.1.1. The Buyer may submit a request for a custom metal product or metalworking service using the quote request form in the E-shop, by e-mail or via another communication channel offered by the Seller.

6.1.2. Drawings, sketches, specifications, photos and other technical documents may be attached to the request in the file formats and sizes supported by the Seller.

6.1.3. Submitting a quote request does not in itself oblige the Buyer to place an order or the Seller to accept it.

6.1.4. The Seller assesses the request received and, where possible, prepares an individual quote stating the price, main technical parameters, expected manufacturing time, delivery conditions and the validity period of the quote.

6.2. Confirming a custom order

6.2.1. The essential conditions of a custom order are set out in the Seller's quote, the order confirmation or a separate written contract.

6.2.2. Before confirming the order, the Buyer checks the accuracy of the submitted and agreed drawing, dimensions, material, quantity, surface finish, tolerances and other technical parameters.

6.2.3. A custom order becomes binding once the Buyer has accepted the Seller's quote and any additional conditions set out in the quote have been met, including prepayment, if required.

6.2.4. If final approval of the Buyer's drawing or specification is required to fulfil the order, the Seller may not start production until such approval is received.

6.2.5. The production time starts from the moment the Seller has received all documents, approvals and payments needed to start production, unless the quote states otherwise.

6.3. Technical documentation and the Buyer's responsibility

6.3.1. The Buyer is responsible for the accuracy and completeness of the technical documentation they submit, insofar as preparing or checking the documentation is not an obligation the Seller has taken on under the contract.

6.3.2. The Seller manufactures the goods in accordance with the approved specification, drawings, technical requirements and agreed tolerances.

6.3.3. The Seller is not liable for non-conformities resulting directly from incorrect or incomplete technical information provided by the Buyer, if the Seller had no obligation to detect or correct the error concerned.

6.3.4. If the Seller finds significant contradictions or ambiguities in the technical documentation, it informs the Buyer and, if necessary, suspends the work concerned until they are resolved.

6.3.5. The Buyer confirms that they have the right to use the drawings, designs and other technical documentation and to submit them to the Seller for fulfilling the order concerned.

6.4. Changes to the order

6.4.1. After a custom order has been confirmed, changes to dimensions, drawings, materials, quantity, tolerances or other essential parameters are possible only once agreed with the Seller.

6.4.2. Before accepting changes, the Seller is entitled to revise the order price and fulfilment time, taking into account the additional work, materials and changes to the production process.

6.4.3. Changes are considered agreed once confirmed in writing by both parties, including by e-mail.

6.5. Cancelling a custom order

6.5.1. A confirmed custom order is cancelled in accordance with the agreement of the parties, the terms of the contract concluded and applicable law.

6.5.2. If the order is cancelled by a Buyer to whom the statutory right of withdrawal does not apply in the transaction concerned, the Seller is entitled to claim compensation for the cost of work actually performed, the cost of materials purchased to fulfil the order and other justified losses, insofar as such a claim arises from applicable law and the contract concluded.

6.5.3. Compensation for costs and losses is determined proportionately, taking into account the work actually performed, the obligations undertaken and the Seller's ability to reduce losses.

6.5.4. The conditions of this section do not limit the Consumer's statutory right of withdrawal in cases where it applies to the specific transaction.

6.6. Quality requirements

6.6.1. If special quality, technical or certification requirements apply to the product, they are stated in the quote, order confirmation or individual contract.

6.6.2. Certificates, declarations of conformity, test reports and other technical documentation are provided to the extent required by applicable law or agreed between the parties.

6.6.3. The parties may agree on separate payment for preparing additional documentation that is not mandatory under the law or already included in the quote.

6.7. Confidentiality

6.7.1. The Seller uses drawings, specifications and other non-public technical information submitted by the Buyer to prepare the quote, fulfil the order and for purposes lawfully related to it.

6.7.2. Such information may be accessed by the Seller's employees and by service providers or subcontractors needed to fulfil the order, subject to the relevant confidentiality and data protection requirements.

6.7.3. The Seller does not publish the Buyer's custom drawings, projects or technical documentation for advertising purposes without an appropriate legal basis or permission.

7. Special terms for B2B transactions

7.1. This section applies to Buyers who purchase goods or services within the scope of their business or professional activity and are not considered Consumers.

7.2. The 14-day right of withdrawal provided for in the Consumer Rights Protection Law does not apply to B2B transactions, unless the parties have agreed in writing on a voluntary return option.

7.3. The Seller does not take back goods of proper quality that conform to the order and were purchased in B2B transactions, unless the Seller has agreed in writing to their return.

7.4. After receiving the goods, the Buyer must check their quantity, completeness and obvious damage, in accordance with applicable law and the contract.

7.5. If the Buyer is a merchant, the provisions of the Commercial Law apply to the inspection of goods and notification of defects, insofar as they relate to the specific transaction.

7.6. The Buyer notifies the Seller of hidden or later discovered defects in accordance with applicable law and the terms agreed by the parties.

7.7. To the extent permitted by applicable law and unless otherwise stated in an individual contract, the Seller's contractual liability in B2B transactions for proven direct financial losses is limited to the value of the order concerned excluding VAT.

7.8. To the extent permitted by applicable law, the Seller is not liable in B2B transactions for indirect losses, loss of profit, production downtime or consequential business losses.

7.9. These limitations of liability do not apply where limiting or excluding liability is not permitted under mandatory rules of law, including losses caused intentionally.

7.10. In individual B2B contracts, the parties may agree on a special procedure for acceptance of goods, rectification of defects, warranty, payment and delivery.

8. Intellectual property

8.1. The content of the E-shop, including texts, photos, graphic elements, logos, technical descriptions and design, is the intellectual property of the Seller or the respective rights holders.

8.2. Copying, republishing or using the content of the E-shop for commercial purposes without appropriate permission is prohibited, except in cases provided for by law.

8.3. Intellectual property rights in drawings and technical documentation submitted by the Buyer do not pass to the Seller merely because these documents were submitted for preparing a quote or fulfilling an order.

8.4. The Seller is entitled to use the documentation submitted by the Buyer to the extent necessary to fulfil the order and meet the parties' legal obligations.

8.5. Customer logos, photos of custom products and project images are used in advertising materials in compliance with intellectual property, confidentiality and personal data protection requirements.

9. Liability and force majeure

9.1. The Seller ensures the operation of the E-shop in line with reasonable technical and organisational capabilities.

9.2. The Seller is not liable for interruptions in the operation of the E-shop caused by circumstances beyond the Seller's control, to the extent such a limitation of liability is legally permissible.

9.3. The parties are not liable for failure to perform obligations to the extent caused by force majeure circumstances which, under applicable law, release them from the relevant liability.

9.4. A party whose performance of obligations is affected by force majeure circumstances informs the other party as soon as possible of the impact of those circumstances on the performance of the contract.

9.5. This section does not limit the Consumer's rights that cannot be limited by contractual terms.

10. Processing of personal data

10.1. The Seller processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the Personal Data Processing Law and other applicable laws.

10.2. More information about the processing of personal data is available in the Privacy Policy:

https://prometals.lv/privatuma-politika/

10.3. Information about the use of cookies is available in the Cookie Policy:

https://prometals.lv/sikdatnu-politika/

11. Dispute resolution

11.1. The parties first try to resolve disagreements arising from transactions concluded in the E-shop through mutual negotiation.

11.2. Claims and submissions can be sent:

by e-mail: [email protected];
by post: PROMETAL GROUP SIA, Vidzemes iela 5A, Ogre, LV-5001, Latvia.

11.3. If a dispute with a Consumer cannot be resolved mutually, the Consumer may use the out-of-court dispute resolution mechanisms provided for by law, including contacting the Consumer Rights Protection Centre or another competent consumer dispute resolution body.

11.4. The Consumer retains the right to apply to a competent court in accordance with applicable procedural law.

11.5. Unless the parties have lawfully agreed otherwise, B2B disputes are heard in a competent court of the Republic of Latvia in accordance with the applicable jurisdiction rules.

11.6. The application of Latvian law provided for in these Terms does not limit the Consumer's right to the protection guaranteed to them by applicable mandatory rules of law.

12. Final provisions

12.1. The Seller is entitled to amend and update these Terms in compliance with applicable law.

12.2. Amendments to the Terms do not apply retroactively in a way that unilaterally worsens the Buyer's legal position under a contract already concluded, unless permitted by law or the parties have lawfully agreed otherwise.

12.3. A specific order is governed by the version of the Terms in force at the time the contract concerned was concluded.

12.4. If any provision of the Terms is found to be invalid, this does not in itself affect the validity of the remaining Terms.

12.5. The current version of the Terms is available at:

https://prometals.lv/lietosanas-noteikumi/

12.6. The Terms come into force on 16 October 2026.

Annex No. 1

Model withdrawal form

Complete and return this form only if you wish to exercise the right of withdrawal provided for by law.

To:

PROMETAL GROUP SIA
Vidzemes iela 5A, Ogre, LV-5001, Latvia
E-mail: [email protected]

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) or for the provision of the following service (*):

Order number: ______________________________

Name of the goods or service: ______________________________

Ordered on (*) / received on (*): ______________________________

Name of consumer(s): ______________________________

Address of consumer(s): ______________________________

E-mail of consumer(s): ______________________________

Date: ______________________________

Signature of consumer(s): ______________________________

(Only if this form is submitted on paper.)

(*) Delete as appropriate.

Terms and conditions.