Warning: Consumer association does not advise consumers to buy TVshopEXTRA.lv

Latvian Consumer Protection Association (PIAA) does not advise Latvian consumers to engage in transactions with SIA “TVshopEXTRA.lv” (tab. No 40103807818) which deals with trade through a website www.tvshopextra.lv, as SIA “TVshopEXTRA.lv” is included in the “blacklist” on the failure to comply with the consumer dispute resolution Commission decision, as well as the decision of the Consumer Rights Protection Centre (PTAC), it is clear that the trader has carried out unfair commercial practices.
As previously reported, on 6 March 2017, THE CRPC adopted a decision imposing AN obligation on SIA “TVshopEXTRA.lv” to immediately terminate unfair commercial practices, within which a merchant on his website:

• provided false information regarding the legal address of the merchant;
• provided non-compliant information on the right of withdrawal, including THE unilateral right of SIA “TVshopEXTRA.lv” not to pay part of the consumer in connection with the website www.tvshopextra.lv the amount of money paid for purchases;
• provided non-regulatory information on restrictions on the right of withdrawal in respect of hygiene considerations;
• default information on complaint handling and out-of-court dispute settlement procedures;
• it was not possible to maintain the terms of the distance contract offered to consumers on payment, delivery terms and delivery terms.

Furthermore, PTAC has also included SIA “TVshopEXTRA.lv” in the “blacklist” that the company did not reimburse the consumer for the amount of money paid by video recorders of EUR 34,45, despite the fact that the Commission had imposed on it the obligation to do so.
Thus, both THE CRPC and the Commission of Consumer Disputes found that SIA “TVshopEXTRA.lv” had committed a number of violations of law in its action.
For example, in the case of consumer disputes in the Commission's case against SIA “TVshopEXTRA.lv”, a video recorder was delivered to the consumer, which was sent back to the trader by the consumer, using the right of withdrawal, and informed the trader that he would like to receive the sum of the money paid back in full. On the other hand, SIA “TVshopEXTRA.lv” informed the consumer that he decided to return only 50% from the purchase fee of the product, explaining that the video recorder was clearly in use.
In the context of the settlement of consumer disputes, the Commission acknowledged that the contractual provisions laid down by the merchant regarding the procedures for the use of the right of withdrawal in respect of the deduction of the refund, taking into account the visual appearance of the goods and the damage to the packaging of the goods, contained unfair contractual terms and concluded that the trader had unlawfully refused to comply with the consumer's claim to reimburse the sum of the money paid for the goods.
Similarly, THE decision of THE CRPC of 6 March 2016 states that, in the consumer law, “the seller does not have the right to unilaterally reduce the amount of money paid to the consumer by the consumer, but that that provision stipulates that the consumer's liability for the loss of quality or value of the goods must be resolved by agreement between the parties or by the court … THE CRPC considers that a situation in which the company has previously assumed the unilateral right to apply that type of liability to a certain extent is not permissible.”
THE CRPC also explained that if the consumer, by means of the right of withdrawal laid down by law, had caused damage to a merchant, it would constitute an individual dispute, within which a merchant must, in each case, prove the extent of the damage caused by the consumer.
Similarly, in the decision, PTAC, in assessing THE tiesības of a merchant in the rules laid down BY SIA “TVshopEXTRA.lv”, to refuse to cancel a purchase contract and refuse to reimburse the purchase price of a product if the goods cannot be used for hygienic reasons, stated that the laws and regulations require the consumer to exercise the right of withdrawal if the consumer has opened the packaging for a product which, for health and hygiene reasons, cannot be returned. IN THE VIEW of THE PTAC, that exception does not apply to “cases where the public determines, for its reasons, that the product can no longer be used for hygienic reasons and therefore prevents the consumer from exercising his right of withdrawal”.
The statement of the decision can be found at THE PTAC website www.ptac.gov.lv.
PIAA calls on consumers who chose to purchase the goods on the website www.tvshopextra.lv that the trader complies with the legitimate rights of consumers in consultation with PIAA consultants (www.pateretajs.lv) or PTAC. Rēzekne PIAA advisor Anita Matisanei can call. 29678406 or come to consultations on Tuesdays from 15.00 - 18.00, release alley 95C, Rezekne.
 
Andrejs hawk,
Association “Association for the Protection of the Interests of Latvian Consumer Interests”
Tel. +371 29295520
Email: andrejs.vanags@pateretajs.lv
Web: www.pateretajs.lv