Cabinet of Ministers Regulations No. 254 Riga 2014 (20 May. 4. § 29) the provisions concerning contracts concluded outside the regular trade or service locations Issued in accordance with the consumer protection law, article 9, second paragraph (I). General questions 1. determines the information to be included in the agreement which is concluded outside the permanent trade or the provision of services (hereinafter referred to as the Treaty), the information to be provided prior to the conclusion of the agreement, the arrangements to provide for the implementation of the right of withdrawal deadlines and procedures the consumer and the seller or the service provider's rights and obligations in the exercise of the right of withdrawal in the case as well as the refusal of the sample form, and exceptions relating to consumer information and right of withdrawal. 2. the rules shall not apply to: 2.1 the complex tourist services; 2.2. holiday home use rights contracts, vacation services of long-term contracts, holiday home or long-term usage rights for long-term holiday service resale contracts and holiday home use rights exchange contracts; 2.3. passenger transport services; 2.4. the contracts for food, drink or other immediate consumption in households for the supply of goods which the seller often and regularly delivered to the consumer's place of residence, place of residence or workplace; 2.5. contracts concluded through a vending machine or automated commercial site; 2.6. the contracts concluded with operators of electronic communications using public pay telephones, public telephones or concluded, to use one of the consumer make a phone, internet or fax connection; 2.7. financial services; 2.8. contracts for real estate or related acquisition or transfer of rights; 2.9. contracts for the construction of new buildings or existing buildings significant conversion and residential space rental agreement; 2.10. the contracts concluded with notaries, bailiffs or other comparable State officials; 2.11. contract, the sum of which does not exceed 35 Euro. 3. Contracts for water, gas or electricity, except where it is offered or sold in a limited volume or set quantity, contracts for central heating, as well as digital content that is delivered to the permanent data medium provision on services, insofar as these rules otherwise. 4. monitoring of compliance with these provisions take the consumer rights protection centre. II. Information on the 5th before the consumer is bound to contractual commitments or agreed to the offer, the seller or the service provider is clear and understandable to provide the consumer with the following information: 5.1. goods or services the main characteristics of the extent that is appropriate to the media used and the product or service; 5.2. the seller or service provider identity, such as a salesperson or the name of the service provider; 5.3. the seller or service provider address, telephone and fax numbers and, if applicable, the electronic mail address for consumers to quickly and effectively communicate with the seller or service provider, as well as, if applicable, the identity of the person and the legal address of the seller or service provider; 5.4. the seller or service provider's actual address, if different from the registered office and, if applicable, the person on whose behalf the seller or the service provider is running, actual address, to which the consumer may address complaints; 5.5. the goods or services the final price, including taxes and fees. If a product or service characteristics, price reasonably cannot be calculated in advance, the calculation type. 5.6. delivery, postage or other expenses, if applicable. If the expenses are justified cannot be calculated in advance, the information about the fact that such payments are possible; 5.7. for an indefinite period contracts or subscription fees indicates one invoice preparation period. If under those contracts pay a fixed amount, the total monthly fee. If the total monthly fee reasonably cannot be calculated in advance, the calculation type. 5.8. if applicable, the fee for the conclusion of the Treaty applied to the use of means of distance communication, if it is not calculated in accordance with the basic tariff; 5.9. the arrangements for payment, delivery or performance of the service provision, the time limit for the seller or the service provider undertakes to deliver the goods or service provider to provide the service, and the complaint handling policy, if applicable; 5.10. right of withdrawal in the case of information concerning the right of withdrawal, the period within which, and the procedure, as well as the provisions contained in part B of the annex in the form of refusal; 5.11. where applicable, the information that the right of withdrawal in case the product usually can not be send back by mail, consumers will bear with the goods returns, related costs; 5.12. If the consumer exercises his right of withdrawal after sent to the seller or supplier of the request in accordance with paragraph 14 of these regulations, the information that the consumer will pay the seller or the service provider a reasonable fee in accordance with paragraph 19 of these rules; 5.13. If the right of withdrawal is not provided in accordance with the provisions of paragraph 18, the information that the consumer may not exercise the right of withdrawal, or information about the circumstances in which the consumer loses his right of withdrawal, if applicable; 5.14. reminder of the statutory rights of the consumer if a product or service does not comply with the provisions of the Treaty; 5.15. information on warranty, after-sales assistance and services, and the conditions, if applicable; 5.16. information on the code of good practice developed in accordance with the prohibition of unfair commercial practices the law and the way to get a copy of it, if applicable; 5.17. the term of the contract, if the contract is concluded for a fixed period or the termination of conditions if the contract is concluded for an indefinite period of time or is automatically extended, if applicable; 5.18. the contractual minimum contractual period, if applicable; 5.19. the information for the first contribution or other financial guarantees, which must be paid by the seller to the consumer or a service provider's request, as well as the conditions, if applicable; 5.20. the use of digital content and its properties (functionality), including the technical protection measures, if applicable; 5.21. if applicable, the relevant information on digital compatibility with hardware and software, if seller or service provider is unknown or he reasonably ought to know; 5.22. if applicable, information about complaints and out-of-court compensation opportunities and how to access them. 6. If the seller or service provider product or service sold at auction, in which the consumer is participating or has the opportunity to participate personally (public auction), this rule 5.2, 5.3 and 5.4 of the information can be replaced with equivalent information for the auctioneer. 7. This rule 5.10, 5.11 and 5.12. information specified in point the seller or the service provider is entitled to provide the relevant provisions in this annex to the specimen shown in the instructions for the right of withdrawal. The information shall be deemed to provide that if the withdrawal form is completed properly. 8. This provision of the information referred to in paragraph 5 is an integral part of the Treaty that may be amended only if agreed by the parties. 9. The seller or the service provider is obliged to show that the consumer is provided with the information in these provisions. 10. If the seller or the service provider is not provided by this rule 5.6.5.11 above specified or information about additional payments or goods returns, costs, then the consumer does not have the obligation to pay such charges or to bear such costs. 11. This provision of the information specified in paragraph 5 of the seller or the service provider shall provide, on paper or, if the consumer agrees, in another durable medium in a simple and accessible language and readable way. 12. the seller or the service provider must provide to the consumer (the consumer's choice) in paper form or, if the consumer agrees, in a durable medium signed contract or contract a copy of the approval and, if applicable, approval of the consumer's express consent to the above clear and proof in accordance with the provisions of paragraph 18.13.. 13. If the consumer has requested a seller or service provider to make urgent repairs or maintenance tasks that are executed immediately, and which price does not exceed eur 200, the seller or the service provider: 13.1. these provisions provide the consumer 5.2 and 5.3 above specified information and information about the price or price calculation and estimates of the final price on paper or on another durable medium if the consumer agrees. 13.2. the rules provide the consumer 5.1, 5.10 and information specified in paragraph 5.13. The seller or the service provider is entitled not to provide this information on paper or in another durable medium if the consumer explicitly agrees with it; 13.3. This provision in the agreement referred to in paragraph 12, the approval of this provision include the information specified in paragraph 5. 14. where the consumer has informed the service provider about the desire to get this provision of the services referred to in point 15 of the exercise of the right of use during the period, the service provider is required to submit a clear consumer demand for permanent information media. III. Right of withdrawal 15. with the exception of those rules specified in paragraph 18 of the cases, the consumer may exercise the right of withdrawal and unilaterally withdraw from the contract within 14 days, the consumer protection law, article 12 of the seventh, ninth, tenth and eleventh in the part, as well as the rules referred to in paragraph 19. This time limit is applicable in cases where the seller or service provider has completed the 5.10. under these rules. The right of withdrawal period: the number of 15.1. where the service is provided, from the day of conclusion of the contract; 15.2. If you purchased an item, from the day when the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the goods; 15.3. If a consumer in one order has ordered several items which are supplied separately, from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the last item; 15.4. If the delivered product, which consists of several lots or parts-from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the goods or the lot of the last part; 15.5. contracts for regular delivery of goods, from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the first item. 16. If the seller or the service provider is not provided by this rule 5.10. consumer information specified in point, the consumer is entitled to use the right of withdrawal and unilaterally withdraw from the agreement within one year of this rule 15.1, 15.2, 15.3, 15.4 and 15.5. in those days. 17. If the seller or service provider provided those rules 5.10. consumer information specified in subparagraph within one year of this rule 15.1, 15.2, 15.3, 15.4 and 15.5. in those days, the consumer is entitled to use the right of withdrawal and unilaterally withdraw from the contract within 14 days from the date of receipt of the information referred to. 18. The consumer may not exercise the right of withdrawal, if: 18.1 fully is complete service, which was launched before the expiry of the right of withdrawal, if the consumer has expressly agreed and assured him that he will lose the right of withdrawal from the date on which the contract for the supply of a service will be fully met; 18.2. the goods or the price of the service depends on fluctuations in the financial market that the seller or the service provider can not control and which may occur during the withdrawal period of the law; 18.3. the item is made to the consumer's instructions or item is clearly personalised; 18.4 perishable goods or soon to expire; 18.5. the consumer has opened the package item for health and hygiene reasons can not return; 18.6. the goods after delivery are permanently confused with other things; 11.6. the contract is for the supply of the spirit drinks for which a price is agreed at the time of the conclusion of the contract if the delivery may be carried out in 30 days, and its value depends on market fluctuations, which the seller cannot control; 12.8. the consumer has requested the seller or the service provider to appear and take urgent repair and maintenance tasks. If the seller or the service provider, upon arriving at the consumer, provide additional services or goods that do not have the necessary spare parts to carry out repair and maintenance works, the right of withdrawal are applicable to those additional services or goods; 11.7. the consumer has opened or video, audio or software package; 18.10. are delivered to newspapers, periodicals or magazines except when they are delivered in accordance with the subscription agreement; 18.11. the agreement concluded at public auction; 18.12. contract for accommodation services (except contracts for residential rental of premises), transport of goods, vehicle rental, catering or entertainment events, where the service provider undertakes to provide the service to a specific day or within a specific period; 18.13. the contract for the delivery of digital content that is delivered to the permanent data medium where digital content delivery has begun with the consumer's prior express consent and clear proof of the loss of the right of withdrawal. 19. If the consumer exercises his right of withdrawal after the service provider has made a request in accordance with paragraph 14 of these regulations, the consumer pays the service provider the amount in relation to the full implementation of the contract the contract is fulfilled is proportional to the part when the consumer shall inform the service provider about the right of withdrawal. This amount is calculated based on the final price set out in the Treaty. If the final price is excessive, the amount payable by the consumer, calculated based on the parts of the contract comply with market value. 20. the consumer shall not bear the costs of the period right wholly or partly provide services if: 20.1. the seller or the service provider is not provided by this rule 5.10, or 5.12. information specified in subparagraph; 20.2. the consumer does not submit the request in accordance with the provisions of paragraph 14. 21. the consumer shall not bear the costs of the period right wholly or partially delivered in digital content, except for digital content, who delivered a permanent media, if: the consumer is clearly 21.1 consented to the delivery of digital content to start before that rule 15. expiry of the period referred to in paragraph 1; 21.2. the consumer is assured that by giving consent to the commencement of digital content delivery, the consumer loses the right of withdrawal; 21.3. the service provider is not providing the rule referred to in paragraph 12. IV. Closing questions 22. Be declared unenforceable in the Cabinet of Ministers of 25 April 2006, Regulation No 320 "rules on outside sites or standing commercial services contracts concluded by the Passport information and right of withdrawal and the implementation of the order" (Latvian journal, 2006, no. 68). 23. the rules shall enter into force on 13 June 2014 and are applicable to contracts concluded after the entry into force of these regulations. Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 25 October 2011-2011/83/EU directive on consumer rights and amending Council Directive 93/13/EEC and European Parliament and Council Directive 1999/45/EC and repealing Council Directive 85/577/EEC and European Parliament and Council Directive 97/7/EC. The Prime Minister is the Rapidity of economic Newsletters Minister Vyacheslav dombrovsky annex Cabinet 2014 may 20 regulations no 254 information on exercising the right of withdrawal (A). Guidelines for refusal (sample) right of withdrawal you have 14 days right to withdraw from the contract without giving any reason. Withdrawal rights will expire after 14 days, starting from the _____ _____ _____ _____ _____ 1. to use the right of withdrawal, you with the explicit notification (for example, a letter sent by post, fax or email) us-_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 2 must be informed of the decision to withdraw from the contract. You can use the attached sample form for the refusal, but it is not compulsory. 3 To the right of withdrawal should respect, enough, if his statement about exercising the right of withdrawal before you send your right of withdrawal expires. The consequences of withdrawal if you will of this Treaty, we will pay all payments received from you, including shipping costs (except for the additional costs incurred because you've chosen delivery, which is not the least expensive we offer standard delivery), without undue delay, and in any event not later than 14 days from the day when we were made aware of your decision to withdraw from the contract. Repayment will be made using the same payment instrument that you used for the original transaction, unless you clearly expressed consent to do otherwise. In any case from you in connection with any such repayment will not be charged any fees. 4 5 6 explanation of the seller or the service provider for the completion of section A, point 1 of the empty box at the 1st reference one of these texts: 1) "the date of conclusion of the contract" If the service is provided; 2) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the goods" – If you purchased a product; 3) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the last product" – if one order is ordered several items separately; 4) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the last lot or parts"-If a product is delivered, which consists of several lots or parts; 5) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the first product" – If a contract for a regular supply of goods. 2 specify the empty box at 2. reference your name, registered office and, if so, their telephone number, fax number and e-mail address. 3 If you are on your website gives you the consumer to electronically provide information about cancelling your contract, enter the following text: "our Web site [specify the internet address] you can also electronically fill out and submit the withdrawal form or a Another prominent notices. If you use this option, we will not delay any durable medium (e.g., via e-mail) will notify you of such cancellation of approval. " 4 If the contract provides for the supply of goods and you are not in the event of refusal to pick up the goods offered, specify the following: "we may withhold the reimbursement until we have received the goods back or when you submit evidence that the goods have been sent back, depending on which action is performed in the past." 5 If the customer has received the goods in connection with the contract, the blank box at 5. references: 1) specify: (a)) "we'll have the goods" or b) "you must send the goods back or return to us or ... [specify the name of the person and the actual address you're authorized to receive goods], without undue delay, and in any event not later than 14 days from the date of the US announced its decision to withdraw from the contract. The deadline will be met, if you send back the goods before the expiration of 14 days "; 2) specify: (a)) "We will return the goods segs costs" or b) "you will have to bear with the product returns related direct costs"; (c)) if the distance contract you do not offer product returns, with the associated costs if the goods by reason of their nature cannot normally be send back by mail, "you'll have to bear with the product returns related direct costs ... [specify amount] € "or, if you cannot reasonably be calculated in advance with trade returns, related costs," you'll have to bear with the product returns related direct costs. Maximum cost would be around ... [specify amount] or the euro "; (d)) where off-premises contract owing to the nature of the product it usually can not be send back by mail and at the time of conclusion of the contract is delivered to the consumer's home, "we'll have the goods free of charge"; 3) point: "you're only responsible for the impairment of the goods if the goods are not used to determine the type of goods, properties and activities, but for other purposes". 6 If the services are provided, in the empty booth by 6. reference point: "If you have requested to start the services/water/gas/electricity/centralized heating [not applicable] withdrawal period, you'll pay a service provider a reasonable amount in relation to the full implementation of the contract the contract is fulfilled is proportional to the part, until you told us about the withdrawal from this Treaty." B. withdrawal form (sample) fill in and return this form only if you want to withdraw from the contract. Recipient [here the seller or service provider specifies the vendor or provider's name, the actual address and, if any, telephone number, fax number and e-mail address] I/we declare that I//we want/want to withdraw from the contract, what I've done//entered into for the purchase of such goods/services [not applicable] Ordering date/date [not applicable] of consumer (s) name (s) and surname (s) of consumer (s) address the consumer (s) signature (s) [only If this form is sent to the paper] date Minister of Economic Affairs Vyacheslav dombrovsky