GENERAL AGREEMENT
SIA „BRAIN GAMES“ (Latvia), registration No. 40003690406, address: Atlasa iela 10, LV-1026, Riga, Latvia, hereinafter referred to as BRAIN GAMES , provides the content available on the website www.brain-games.lv , hereinafter referred to as the Website, and provides services in accordance with the terms and conditions set out below, delivery terms, product return terms, other terms and conditions and operating policy, the outline of which can be found on the Website, (all together referred to as the Terms and Conditions) and which are an integral part thereof.
If a consumer purchases products offered on the BRAIN GAMES Website, hereinafter referred to as the “Goods”, via the Internet, such a mutual agreement is considered a Distance Contract and is subject to the legal provisions governing Distance Contracts, including, but not limited to, Directive 97/7/EEC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts , the Law of the Republic of Latvia “ Consumer Rights Protection Law” , the Regulations of the Cabinet of Ministers of the Republic of Latvia “ Regulations on Distance Contracts” .
PRIVACY
BRAIN GAMES protects the fundamental rights and freedoms of natural persons, in particular the inviolability of private life, with regard to the processing of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Law of the Republic of Latvia " Law on the Protection of Personal Data" .
BRAIN GAMES obtains the consumer's personal information because it is necessary to provide the consumer with the best level of service. This allows us to provide the consumer with appropriate access to BRAIN GAMES Products and to focus on the product categories that are most interesting to the consumer. Your personal information helps us to inform you about new products, sales and events that you may be interested in. On the website pages, you can order a product, make requests and sign up to receive information about new products, sales, etc. To process your request, we ask the consumer to provide information such as - name, address, e-mail address, contact phone number, etc. BRAIN GAMES does not request and does not process sensitive personal data.
BRAIN GAMES does not use or share the information you provide online, with the exception that payment processing is provided by the payment platform makecommerce.lv , therefore our company transfers the personal data necessary for payment processing to the platform owner Maksekeskus AS.
BRAIN GAMES does not sell or rent consumer contact information to other market participants.
The information provided by the consumer helps us to implement our service, process consumer requests, deliver the product and provide you with support.
BRAIN GAMES is obligated to disclose personal data to state and local government officials in cases specified by law. We will be forced to disclose a consumer's personal information when required by law.
BRAIN GAMES takes all possible measures to secure your personal information to protect it against theft, loss, misuse, as well as against unauthorized access, disclosure, modification and destruction.
If the customer who ordered and purchased a product on the Website does not have legal capacity and/or legal capacity, the legal representative of this person (e.g. parents, guardians) is responsible for ordering and paying for the product. In the above case, the order cannot be canceled, and the purchase price is not refundable.
The consumer agrees to the processing of personal data.
The BRAIN GAMES website uses cookies to help improve the user experience and ensure its smooth operation.
What is a cookie?
A cookie is a small text file that is sent to your computer or mobile device when you visit a website and that the website stores on your computer or mobile device when you open the website. On each subsequent visit, cookies are sent back to the originating website or to another website that recognizes the cookie. Cookies act as a memory for a particular website, allowing that website to remember your computer on subsequent visits, including remembering your preferences or improving your user experience. You can find more information about cookies, as well as how to manage or delete them, at www.aboutcookies.org .
Google Analytics
The BRAIN GAMES website uses cookies created by the Google Analytics program , created by Google Inc. The purpose of using Google Analytics cookies is to improve the quality of the content of the BRAIN GAMES website and to adapt the content to the needs of users. You can find out more about the Google Analytics terms of service at http://www.google.com/analytics/terms/us.html .
If you do not want BRAIN GAMES to collect information about your activities on the BRAIN GAMES website, you must purchase the Google Analytics Opt-out Browser Add-on ( https://support.google.com/analytics/answer/181881 ). This add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that data about the visit to the relevant website should not be sent to Google Analytics.
How to turn off cookies?
You can control and delete cookies if you wish. Read more here: aboutcookies.org . You can delete all cookies that are on your computer, and most browsers can be set to block cookies from being placed on your computer. However, in this case you will have to manually adjust your settings each time you visit the website, and some services and features may not work.
PRODUCTS AND SERVICES FOR PERSONAL USE
BRAIN GAMES reserves the right, with or without notice, to cancel or reduce any order to be fulfilled or the quantity of products to be provided to you in cases where, in our sole discretion, this may result in a breach of the Terms and Conditions.
ACCURACY OF INFORMATION
When providing descriptions of products available on the Website, we strive to be as accurate as possible. If changes have occurred in the information related to the product (description, colors, etc.), BRAIN GAMES cannot guarantee that the Website is fully updated at all times, including all current information.
INTELLECTUAL PROPERTY
All information and content available on this Website, including but not limited to trademarks, logos, service marks, text, graphic marks, button icons, images, sound recordings, data compilations and software, their compilation and arrangement (collectively, the Content), is the property of BRAIN GAMES and is protected by the laws of the Republic of Latvia and other international laws relating to the protection of intellectual property, including laws governing the use of copyright and trademarks. The use of our trademarks in any manner, regardless of purpose, is not permitted without express written permission.
PRICING POLICY
All prices on the website www.brain-games.lv are listed in euros (EUR), however, any locally operating online store may list prices in the currency of the respective country. We try to ensure that prices are always listed accurately, however, we cannot guarantee that the prices listed at the time of placing an order will be the correct, then-current prices for the products. Upon receipt of your order, where the price listed differs from the price listed on the website at that time, we will contact you and offer you the opportunity to cancel the order. If we are unable to contact you promptly, your order will automatically be considered cancelled and you will receive a refund of all payments made for the relevant order.
All prices are subject to VAT or other sales taxes, if applicable. Depending on the delivery address, your order may be subject to additional shipping charges, which will be clearly stated before payment is confirmed and included in the total order price.
WARRANTY
Brain Games club membership card holders have the opportunity to use the lifetime warranty on board games — for Brain Games brand games, if necessary, we will replace up to 10% of the game components free of charge (the warranty does not apply to wear and tear of parts).
Parts can be replaced at the Brain Games store in Riga, K. Barona Street 55. You can also purchase a club membership card at the store, which costs 2.50 EUR.
RETURN POLICY
Each issue related to the return of orders placed and delivered to the customer is considered separately according to a simplified procedure.
Postage is not refundable.
We do not accept returns of opened games and used items.
COPYRIGHT CLAIMS
BRAIN GAMES Ltd. All rights reserved.
All content of this Website, correspondence (by electronic mail or regular mail), as well as marketing materials used to promote the Website on third-party resources, are the property of BRAIN GAMES . Reproduction or republication of its content in whole or in part is prohibited, except for the following purposes:
Permission to copy for personal use:
You have the right to make copies of the content of the Website or print parts of it for reasonable personal use.
Permission to copy or republish for limited use:
You have the right to make copies of the material in printed or digital format for use by third parties, provided that you indicate the BRAIN GAMES Website as the source of the content and materials by adding a top-level hyperlink ( https://www.brain-games.lv ) to any such republished copies.
DISPUTE RESOLUTION PROCEDURE
If a dispute arises in connection with this Website, all rights and obligations provided for in these Terms and Conditions, as well as all actions within their framework, shall be governed by the laws of the Republic of Latvia to the extent that these Terms and Conditions were a contract fully concluded and fully performed in Latvia.
The Contracting Parties hereby confirm that they will endeavor to resolve any disputes that in any way relate to your visit to the Website or arise in connection with the performance, interpretation or termination of this Distance Agreement through mutual negotiations.
If the parties are unable to resolve the dispute through peaceful negotiations, they shall submit all disputes, disagreements or claims to the courts of the Republic of Latvia, except if you have in any way violated or attempted to violate our intellectual property rights or the intellectual property rights of our subsidiaries, partners or licensors, in which case we may apply to any court for an injunction or other appropriate legal remedy, and you agree to submit to the exclusive jurisdiction of such court and to the hearing of the case in that court.
The parties have agreed on the place and procedure for the hearing of the dispute, taking into account the provisions of Regulation 953/2008 of the European Parliament on the law applicable to contractual obligations (Rome I).
If a dispute arises between BRAIN GAMES and the consumer regarding whether the terms contained in the concluded contract are unfair, either of the contracting parties has the right to apply to the court specified in this clause, but the consumer also has the right to apply to the Consumer Rights Protection Center, address: K. Valdemāra iela 157, Riga, Latvia, LV-1013.
If a dispute arises between BRAIN GAMES and the consumer regarding personal data protection issues, either of the contracting parties has the right to apply to the court specified in this clause, but the consumer also has the right to apply to the State Data Inspectorate, address: Blaumaņa Street 11/13-15, Riga, Latvia, LV-1011.
GENERAL TERMS AND CONDITIONS
You agree that these Terms and Conditions constitute the entire current agreement between you and BRAIN GAMES with respect to your use of this Website and its content.
BRAIN GAMES has the right to amend and clarify these Terms at any time by posting the relevant changes on the Website and indicating the date of the last change. Any changes made to these Terms and Conditions shall be effective immediately upon their posting. You agree that by continuing to use the Website after such changes are made, you hereby confirm your acceptance of all changes. BRAIN GAMES reserves the right to cancel or revoke any rights granted under these Terms and Conditions. You must comply with such cancellation or changes from the moment they are made, including, if necessary, by ceasing to use the Website in any way.
Nothing in these Terms shall be construed as creating a partnership or other joint venture between you and BRAIN GAMES. Any failure by BRAIN GAMES to enforce these Terms and Conditions by you shall not affect our full right to enforce them before or after. If any provision of these Terms and Conditions is held to be unenforceable or invalid under applicable law, or is held to be unenforceable or invalid by arbitration or court, it shall not affect the validity or enforceability of these Terms and Conditions as a whole, but instead these Terms and Conditions shall be amended to the extent possible under applicable law so as to fully reflect the original intent of the parties under the original Terms and Conditions.
IMPOSSIBLE FORCE
BRAIN GAMES LTD. is not liable for any delay in or failure to perform or otherwise fail to perform its obligations due to circumstances and obstacles beyond our reasonable control, including but not limited to strikes, government orders, war or national emergency, terrorist threats or acts of terrorism, environmental or climatic anomalies, failure by third parties, disruptions in internet connection, and computer equipment and software failures. In the event of such force majeure circumstances, we will endeavour to remedy the delays as soon as possible.