Terms and Conditions

These Terms and Conditions govern the purchase of goods in the online shop at https://goodyearoilbaltics.com, the payment for and delivery of orders, the exercise of the right of withdrawal, the handling of claims and the use of the website.

The seller of the goods and the party to the purchase contract is the limited liability company “CHEMISPEC” (SIA “CHEMISPEC”; hereinafter – the Seller). The Seller’s company details and contact information:

Registration number

41203055943, registered in the Commercial Register on 31 August 2015

VAT payer number

LV41203055943

SEPA identifier

LV66ZZZ41203055943

Registered office and address for written submissions

Meistaru iela 1, Valdlauči, Ķekavas pag., Ķekavas nov., LV-1076, Latvia

E-mail for customer support, withdrawals and complaints

[email protected]

Telephone

+371 29473720

Address for returning goods

Meistaru iela 1, Valdlauči, Ķekavas pag., Ķekavas nov., LV-1076, Latvia

Customer service hours

working days, 09:00–18:00

Goodyear Lubricants Baltics is the name of the shop. SIA “CHEMISPEC” is the manufacturer and seller of Goodyear lubricants and technical fluids and a licensee of the Goodyear trademark. The purchase contract is concluded with SIA “CHEMISPEC”. The licensee status does not limit the company’s obligations and liability as manufacturer and seller.

The buyer may save and print these Terms and Conditions. The Seller also sends the version of the Terms and Conditions applicable to a specific order together with the order confirmation.

A buyer is a person who purchases goods in their own name or who represents a legal entity on whose behalf they are authorised to act.

A consumer is a natural person who purchases goods for a purpose unrelated to their economic or professional activity. A professional buyer is a legal entity or a natural person who purchases goods for the needs of their economic or professional activity. The buyer’s status is determined by the actual nature of the transaction.

Consumers enjoy the consumer rights provided for in these Terms and Conditions and the applicable mandatory legal provisions. Section 10 additionally applies to professional buyers. The statutory right of withdrawal provided for consumers does not apply to professional purchases.

The shop offers oils, lubricants, additives, coolants, screen wash and other technical fluids, as well as other goods indicated on the website. Goods intended for sale to professional users only are marked separately; they cannot be ordered by a consumer.

Delivery is possible to those addresses in Latvia, Lithuania and Estonia for which delivery is offered at checkout. Restrictions for specific goods, packaging and territories are indicated before the order is placed. These Terms and Conditions do not create an obligation to deliver to other countries.

The purchase of goods does not include an oil change, repair or other vehicle service work unless a separate contract has been concluded for such services. The presence of a particular service workshop in the distributor list does not in itself create such a contract.

The product page states the product name, main characteristics, package volume or weight, price, relevant specifications and restrictions on use. When choosing a package option, the buyer checks the quantity and price of that specific option.

The buyer selects the product taking into account the requirements of the vehicle or equipment manufacturer, the relevant approvals and specifications, viscosity, operating conditions and other technical parameters. An identical viscosity grade or fluid colour does not in itself prove interchangeability or that mixing is permissible.

A statement of compliance with a specification or a recommendation for use is not equivalent to an official approval by the vehicle or equipment manufacturer. An official approval is indicated only where it has been granted for the specific product.

If the website offers a selection tool based on the vehicle, VIN or other data, the accuracy of its results also depends on the data entered and the specific configuration of the vehicle. In case of doubt or contradiction, the Seller must be contacted before the product is used. This clause does not release the Seller from liability for an incorrect product description, erroneous information or confirmed suitability for a specific purpose.

If, before the contract is concluded, the buyer informs the Seller of a specific intended use and the Seller confirms that the product is suitable for that purpose, such confirmation forms part of the agreement on the characteristics of the product. It is recommended to communicate by e-mail so that the information provided is preserved.

The technical data sheet (TDS) and the safety data sheet (SDS) are different documents. The Seller provides the safety, labelling and usage information required for the relevant product. Safety data sheets are supplied to the persons and in the manner prescribed by the applicable chemicals legislation; they may also be requested from the Seller.

An image may reflect the packaging design; the type, quantity and essential characteristics of the delivered goods must correspond to the order. A reference to an illustrative image may not be used to replace the ordered product with a different product.

A purchase can be made without registering an account. Where the account function is available, the buyer may use it to review orders and save their details.

The buyer selects the product, package and quantity, adds them to the cart, provides contact and delivery details, chooses the delivery and payment method, reads the Terms and Conditions and checks the order summary. The details can be corrected until the order is submitted.

Immediately before submitting the order, the buyer can see the selected goods, their quantity, the final price including applicable taxes, delivery and other previously agreed costs, as well as the delivery date or period.

By clicking the “Place order” button or another button with an equally unambiguous indication of the obligation to pay, the buyer submits the order and concludes a purchase contract with the Seller. Payment is collected only after the availability of the goods has been confirmed in accordance with clause 5.5; the payment term is indicated before the order is submitted.

The Seller sends an order confirmation to the buyer’s e-mail without undue delay, containing the order number, the goods, the price, and the delivery and payment information. The applicable Terms and Conditions, information on the right of withdrawal and the withdrawal form are attached to the e-mail or included in its content in a storable form.

If the buyer does not receive a confirmation or notices an error, they may contact the Seller. A technical failure to deliver the confirmation does not in itself cancel a contract that has already been concluded.

The “Request a quote” button or an equivalent enquiry form does not create a purchase contract or an obligation to pay. In such a case the Seller sends an individual offer stating the price, delivery, payment and applicable terms; the contract is concluded when the buyer expressly accepts the offer in the manner indicated in it.

If, after the contract has been concluded, it turns out that the goods are unavailable or that an obvious technical error has occurred, the Seller contacts the buyer without delay and proposes a solution. Delivery of different goods, a change of price or a material change in the delivery conditions is possible only with the buyer’s consent. The contract is amended or terminated by agreement of the parties or on the basis of law; the Seller has no unlimited right to cancel an order unilaterally.

The contract is concluded in the language offered by the Seller and chosen by the buyer for checkout. The Seller retains the order data and the Terms and Conditions applicable to it. The buyer receives them by e-mail and may request a copy by contacting the Seller.

Prices are stated in euros. Prices intended for consumers include the applicable VAT and other mandatory taxes. In separate offers to professional buyers, prices excluding VAT are clearly marked. The order summary states the final amount payable.

For goods where required by law, the unit price is also stated, for example EUR/l or EUR/kg. The delivery price and other charges are indicated before the purchase is confirmed. Additional charges or paid services are not added without the buyer’s express consent.

Prices, promotions and offers may change for future purchases. Changes do not affect contracts that have already been concluded. When a discount is announced, the original price is determined in accordance with the applicable requirements, normally using the lowest price of the preceding 30 days.

The available payment methods and their restrictions are indicated on the website when checkout begins. Only the payment methods offered at checkout are used for payment. The Seller does not ask for full payment card details to be sent by e-mail.

Payment for the goods is collected only after the Seller has verified that the ordered goods are in stock in the required quantity. No payment is collected for unavailable goods; further fulfilment of the order is agreed in the manner set out in clause 4.8. In the case of a bank transfer, the invoice is sent after availability has been confirmed, stating the previously announced payment term. If prepayment has been chosen, the goods are dispatched after the payment has been received, within the agreed delivery time.

The document confirming the transaction is sent to the e-mail address provided by the buyer or made available in another agreed manner. The involvement of a payment service provider does not change the Seller’s obligations regarding the delivery of the goods, the right of withdrawal and refunds.

The delivery methods, costs, restrictions and times available for a specific order are shown before the purchase is confirmed. Delivery options may vary depending on the country, address, product classification, packaging, weight and quantity.

Parcel locker delivery, collection from the warehouse or pallet delivery is available only if such a method is offered for the specific order. Dangerous goods may not be sent using a carrier or service that does not accept them. If special unloading or other delivery conditions are required, these and their costs are agreed before the contract is concluded.

The Seller delivers the goods within the agreed time. Unless otherwise expressly agreed with the consumer, the goods are delivered without undue delay and no later than 30 days after the conclusion of the contract.

If delivery is delayed, the Seller informs the buyer. The consumer may set an additional period appropriate to the circumstances and, if it is not met, withdraw from the contract. If the Seller refuses to deliver, or if timely delivery is essential in the circumstances provided for by law, the consumer may withdraw without setting an additional period. The amount paid is refunded without undue delay.

If the Seller splits an order into several shipments, the buyer does not incur additional delivery costs as a result, unless they have separately ordered and confirmed a paid service.

For a consumer, the risk of accidental loss of or damage to the goods passes when the goods are received by the consumer or by a third party designated by the consumer other than the carrier. If the consumer personally chooses and engages a carrier not offered by the Seller, the special rules on the passing of risk provided for by law apply.

On receipt of a shipment it is recommended to check the packaging, the type and quantity of the goods and any visible damage or leakage, to record these in photographs and in the delivery document, and to inform the Seller immediately. The absence of a note in the delivery document does not in itself deprive the consumer of their statutory right to make a claim.

Leaking or visibly damaged packaging of a chemical product must not be used or sent on as an ordinary parcel. The Seller must be contacted regarding safe handling and collection.

In the event of an incorrect address or failure to collect a shipment, the parties agree on the next steps. The costs of redelivery are agreed in advance. Failure to collect a shipment is not in itself an unambiguous statement of withdrawal from the contract.

A consumer may withdraw from a distance contract within 14 days without giving any reason. The period is counted from the day on which the goods are received by the consumer or by a third party designated by the consumer other than the carrier. If the goods of a single order are delivered separately, the period is counted from receipt of the last item; if the goods are delivered in several lots or pieces, from receipt of the last lot or piece.

To exercise the right of withdrawal, an unambiguous statement must be sent to the Seller before the end of the period, to the e-mail or postal address indicated in clause 1.2. The form in the annex to these Terms and Conditions may be used, but this is not mandatory. An electronic statement does not require a secure electronic signature.

A withdrawal may also be submitted using the “Withdraw from the contract” function available in the website footer. It is available throughout the withdrawal period, including to buyers without a registered account. The consumer enters or confirms their name and surname, information identifying the contract and an e-mail address for receiving the confirmation, and then selects “Confirm withdrawal”.

After an online withdrawal has been submitted, the Seller sends an acknowledgement of receipt by e-mail without undue delay, stating the content of the statement and the date and time of submission. Technical problems with the function do not prevent a withdrawal from being submitted in another manner provided for in this section.

The goods must be sent back or handed over to the Seller at the return address indicated in clause 1.2 without undue delay and no later than 14 days after the withdrawal has been communicated. The deadline is met if the goods are sent before the period has expired. The Seller’s authorisation or a return number is not a precondition for the validity of the withdrawal.

The consumer bears the direct cost of returning the goods if informed of this before the purchase. For goods that cannot normally be returned by post, including individual drums, IBC containers or dangerous goods, the Seller indicates before the contract is concluded the amount of the return costs or a reasonable maximum estimate for the specific offer. If the mandatory information on return costs has not been provided, the consumer does not have to bear them.

The Seller refunds the payments received, including the cost of the cheapest standard delivery offered, without undue delay and no later than 14 days from receipt of the withdrawal statement. The additional cost of a more expensive delivery chosen by the consumer is not refunded. The refund is made using the original means of payment, unless the consumer has expressly agreed to another method, and without any refund fee.

If the Seller has not offered to collect the goods itself, it may withhold the refund until it has received the goods or proof that they have been sent back, whichever is earlier. If the consumer returns only part of the order, the price of the goods concerned is refunded; the refundable share of the original delivery costs is determined according to the part of the contract actually cancelled and the law.

The consumer may examine the goods only to the extent necessary to establish their nature, characteristics and functioning. Pouring oil or fluid into a vehicle, testing it in operation, contamination or unnecessary removal of a protective seal may diminish the value of the goods. The Seller assesses this individually and gives reasons; no automatic fixed deduction is applied.

Opening a canister or the absence of the original packaging does not in itself automatically cancel the right of withdrawal. The goods are returned securely packed, in the original container where possible, with the labelling preserved and leakage prevented. Safety requirements do not change the deadline for communicating the withdrawal or the statutory rights.

The right of withdrawal does not apply in the exceptional cases provided for by law, including goods made to the consumer’s individual specifications or clearly personalised, and goods which, after delivery, by their nature have become inseparably mixed with other items. The applicable exception and its circumstances are clearly indicated before the purchase. Ordering a regular catalogue product from another warehouse or choosing a standard volume is not in itself customisation.

If the mandatory information on the right of withdrawal has not been provided, the withdrawal period is extended in the manner provided for by law to one year after the end of the initial period. If the information is provided during this extension, the right of withdrawal may be exercised within 14 days of its receipt. If the information on the right of withdrawal required by law has not been provided, the consumer is not liable for any diminished value of the goods to the extent provided for by law.

Limitations of the right of withdrawal do not limit claims regarding non-conforming, damaged or unsafe goods. Such claims are handled in accordance with Sections 8 and 9.

SIA “CHEMISPEC” fulfils the obligations imposed on both the manufacturer and the seller and is liable for the conformity of the goods with the contract in accordance with the applicable law. The consumer is entitled to submit a claim for non-conformity within two years from the date of delivery of the goods. Under Latvian law, the claim must be submitted within two months of discovering the non-conformity. If the mandatory provisions applicable to the consumer provide for a more favourable procedure or a longer period, those provisions apply.

These rights also apply to oils, lubricants, additives and technical fluids. The two-year claim period does not constitute a promise of a two-year service life or shelf life. When assessing conformity, the nature of the goods, the stated shelf life, the storage conditions and the conditions of use are taken into account.

Under Latvian law, a non-conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless such a presumption is incompatible with the nature of the goods or the nature of the non-conformity. This provision does not reduce the mandatory guarantees otherwise applicable to the consumer.

A claim may be sent to the e-mail or postal address indicated in clause 1.2, stating the buyer’s name and surname, contact and address details, the order, a description of the problem, the date it was discovered and the preferred solution. Where possible, proof of purchase, photographs and the batch number are attached. The absence of a paper receipt, warranty card or original packaging is not in itself grounds for rejecting a claim if the purchase and its circumstances can be proven otherwise.

If a fluid is suspected to be of poor quality or unsuitable, the buyer is advised to stop using it and, as far as it is safe to do so, to keep the container, the labelling, the remaining product and the related documents. The Seller may ask for the disputed goods to be presented or handed over and agrees on their safe handover or inspection. Inability to keep the remaining product does not in itself automatically exclude a claim.

The consumer may first demand that the non-conformity be remedied free of charge or that the goods be replaced, subject to the conditions of feasibility and proportionality laid down by law. For oils and fluids, remedying the non-conformity may not be possible due to their nature. Where the grounds provided for by law exist, including where the non-conformity cannot be properly remedied, recurs or is sufficiently serious, the consumer may demand a price reduction or termination of the contract and a refund. In the case of a minor non-conformity, termination of the contract may be limited by law.

The remedy or replacement is carried out within a reasonable time, free of charge and without significant inconvenience to the consumer. The Seller bears the necessary costs provided for by law, including the costs of transporting the goods concerned. Acceptance of a claim is not made conditional on an advance payment by the consumer for an expert examination. A separate paid service may be provided only by express prior agreement, without limiting the mandatory rights.

The Seller provides a written reply within 15 working days of receiving the consumer’s submission. If a longer period is objectively necessary, the Seller promptly gives written reasons for the extension and indicates a reasonable reply deadline. A refusal to satisfy a claim is accompanied by reasons.

The Seller is not liable for damage to the extent that it was caused by the buyer’s improper use, mixing of incompatible products or inappropriate storage, rather than by a non-conformity of the goods or erroneous information from the Seller. This exception is not applied automatically merely because the product has been opened or used.

An additional commercial guarantee applies only if it has been granted for the specific product and its content has been made known to the buyer. A commercial guarantee does not replace or limit the consumer’s statutory rights against the Seller.

Before use, the product labelling, the instructions for use and safety, the relevant technical documentation and, where applicable, the safety data sheet must be read. The storage temperature, protective equipment, dosage, mixing and shelf-life conditions must be observed.

Products must be stored in their intended, identifiable containers, out of reach of children and unauthorised persons. They must not be decanted into beverage or food packaging. Product residues must not be poured into the sewer, soil or bodies of water; waste is handed over in accordance with local requirements.

If a safety risk is identified, the Seller takes the measures provided for by law, including, where necessary, informing buyers and recalling the product. The buyer must stop using the recalled product and follow the instructions for its safe return. In the event of a recall, the Seller provides the relevant remedies provided for by law free of charge. The 14-day withdrawal period does not limit these rights.

This section applies only to professional buyers. If an individual supply contract has been concluded, it prevails over these Terms and Conditions in the matters it expressly regulates differently, subject to mandatory legal provisions.

A professional buyer provides accurate company, representation, VAT and delivery details. Deferred payment, a credit limit, special prices or delivery conditions apply only if the Seller has expressly confirmed them.

The return or exchange of conforming goods without a defect is possible only by separate agreement with the Seller. Before the return, the parties agree on the condition of the goods, the time limit, transport, costs and the amount of the refund. This does not exclude rights arising from a breach of contract, a defect in the goods or a recall.

A professional buyer inspects the delivery in the manner appropriate to a commercial transaction and notifies any defects found or discovered later without undue delay. Claims are governed by the applicable law and the individual contract; consumer claim periods do not automatically apply to professional purchases.

A reseller maintains the traceability of the goods and complies with the labelling, safety information and chemical product handling obligations applicable to it. The purchase of goods does not in itself confer exclusive distribution rights or the right to present oneself as an authorised Goodyear representative.

A website user must not disrupt its operation, bypass access protection, distribute malicious content or infringe the rights of others. Product information may be used to evaluate a purchase, including for the purposes of professional activity; systematic copying of the database or unauthorised republication is not permitted.

If a user creates an account, they provide accurate information, protect their login details and report any suspected unauthorised access. The Seller is responsible for fulfilling the security obligations applicable to it.

Closure of an account may be requested by writing to the e-mail address indicated in clause 1.2 or by using the relevant function, where available. Closing an account does not cancel contracts already concluded, consumer claims or statutory document retention obligations.

In the event of an objective security threat or a material breach of these Terms and Conditions, the Seller may proportionately restrict access to the account, informing the user unless prohibited by law or security considerations. This must not prevent the user from receiving paid-for goods, submitting a withdrawal or exercising other statutory rights.

Where a review function is available on the website, a review must reflect the genuine experience of a buyer or user. Unlawful content, other persons’ private data, spam or knowingly misleading statements must not be published.

The Seller may check reviews and remove content that violates clause 12.1. A negative rating is not in itself grounds for removal. The Seller may be contacted regarding moderation or a review.

A review is marked as “Verified purchase” only if its link to an order for the specific product has been verified. The website explains the verification method used and indicates where reviews have not been verified. If a benefit has been granted for a review, this is clearly disclosed.

By submitting a review, the user permits it to be displayed free of charge in the relevant review section of the website together with the chosen public name. Use of a review in separate advertising with identifying data requires an appropriate additional legal basis. The processing of personal data is governed by the Privacy Policy and the law.

The Seller processes personal data for order fulfilment, customer service, accounting, security and other legally justified purposes. Detailed information on the controller, legal bases, recipients, retention and data subject rights is provided in the website’s Privacy Policy: https://goodyearoilbaltics.com/privacy-policy/.

Acceptance of these Terms and Conditions does not constitute consent to receiving advertising or to non-essential cookies. Where consent is required for data processing, it is obtained separately and can be withdrawn. Opting out of advertising does not affect the fulfilment of an order.

Information on cookies and the management of cookie preferences is available in the website’s cookie notice and settings. Analytics or advertising cookies that require consent are used only after consent has been given.

The website materials, trademarks, images and databases are protected by the relevant intellectual property rights. The buyer may save order and product documents for their own needs. Other use is permitted to the extent granted by the rights holder or provided for by law.

The Seller and the buyer are liable for the performance of their contractual and statutory obligations. These Terms and Conditions do not exclude liability for unsafe or non-conforming goods, for damage to life or health, for wilful misconduct or gross negligence, or in other cases where a limitation is not permitted.

A technical malfunction of the website does not change the content of a contract already concluded and does not deprive the buyer of the right to contact the Seller. The Seller is not liable for a malfunction to the extent permitted by law and where it is not attributable to the Seller.

In the event of force majeure, the affected party informs the other party without undue delay and takes reasonable measures to mitigate the consequences. Reliance on force majeure does not in itself cancel the consumer’s right to a refund or to terminate the contract in the cases provided for by law.

Questions and complaints are first submitted to the Seller using the contact details indicated in clause 1.2. If no agreement can be reached, the consumer may contact the Consumer Rights Protection Centre of Latvia (https://www.ptac.gov.lv) and, where applicable, the Consumer Dispute Resolution Commission or another competent dispute resolution body.

In cross-border consumer disputes, the consumer may also contact the European Consumer Centres Network (ECC-Net) office in their country of residence. Out-of-court procedures do not limit the right to bring an action before a competent court.

The contract is governed by the law of the Republic of Latvia. If the Seller directs its activities to the country of the consumer’s habitual residence, this choice does not deprive the consumer of the protection afforded by the mandatory provisions of that country in accordance with the applicable rules of private international law.

Jurisdiction is determined by the applicable legislation. The consumer is not obliged to bring an action only in Latvia if the law entitles them to bring it in another country. Disputes with professional buyers are governed by the law or by a separately concluded dispute resolution agreement.

The version of the Terms and Conditions accepted by the buyer at the time the contract was concluded applies to that order. A new version does not worsen the conditions of previously concluded contracts without a legal basis or the agreement of the parties.

If the Terms and Conditions are changed for future purchases, the Seller publishes the new version and its effective date on the website. Users are informed of material changes to a permanent account service in good time and are allowed to stop using the account while retaining rights that have already arisen.

If any provision is invalid, the remaining provisions remain in force to the extent legally possible. Differences between translations may not be used to limit the consumer’s mandatory rights or a promise that was clearly made at the time of purchase.

The withdrawal form in the annex forms an integral part of these Terms and Conditions.