1 INTRODUCTION

1.1   Welcome to our website (“Website”). Our Website is provided to you by SE “Luxury & Sports Cars”, a company registered in Latvia at Companies House (“Aston Martin”, “us”, “we” or “our”). Our registered office is at Krasta street 5, Riga, LV-1003, Latvia and our registered number is 40003929152. Our VAT number is LV40003929152.

1.2   Please read these general terms and conditions (“General Terms”) carefully - they set out the basis on which you are allowed to use our Website. If you have any questions about them or don’t accept them, please contact our customer services department whose details appear at the end of these General Terms.

1.3   You should save and/or print out a copy of these General Terms for your future reference.

2 USING OUR WEBSITE

2.1   You, as the user of our Website (“you” “your” and “yourself”), can use our Website for your own personal non-commercial use.

2.2   Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these General Terms.

2.3   You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.

2.4   You acknowledge that we cannot guarantee that our Website will:   

a. stay the same as we might change or remove it or make access to it subject to registration or charges;    

b. be compatible with all or any hardware or software which you may use;    

c. be available all the time or at any specific time;    

d. be accurate and up to date; or    

e. be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

2.5   You also acknowledge that:   

 a. we cannot guarantee the speed or security of the Website; and    

b. we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.

3 VARIATIONS

3.1   We may from time to time vary these General Terms and/or the terms and policies referred to in these General Terms. Please check our terms and policies regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.

4 YOUR PRIVACY

4.1   The privacy of your personal data is important to us. Please see our PRIVACY POLICY, which forms part of these General Terms, for details of how we will process your personal data.

5 OUR USE OF COOKIES

5.1   This Website uses cookies. Please see our COOKIE POLICY, which forms part of our General Terms, for further details.

6 REQUESTING A TEST DRIVE

6.1   You may use our Website to test drive a particular model of Aston Martin vehicle(s).

6.2   We cannot guarantee that every model of interest to you will be available to test drive. For specific information about availability please contact us directly.

6.3   Please note that to qualify to test drive any Aston Martin model additional terms and conditions will apply. These are available upon request by contacting us directly.

6.4   We reserve the right to refuse a test drive to any applicant without reasons or notice being required and we and our dealers will not be liable for any resulting loss or damage to the fullest extent permissible by law.

7 INTELLECTUAL PROPERTY RIGHTS

7.1   Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Aston Martin or are licensed to us from their respective owners or licensors.

7.2   You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all Rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:    

a. remove any copyright or other proprietary notices contained in the Materials;    

b. use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or    

c. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.

13.3   Any use of the Website or the Materials in a manner not expressly permitted by these General Terms may constitute an infringement of our Rights or the Rights of our Licensors. We and our Licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.

13.4   Our dealerships reserve the right to refuse a test drive to any applicant without reasons or notice being required and we and our dealers will not be liable for any resulting loss or damage to the fullest extent permissible by law.

8 TRADEMARKS

8.1   We reserve all Rights in and to the www.astonmartin-riga.lv domain name and all related domains and subdomains, the name “Aston Martin”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.

8.2    Nothing in these General Terms should be construed as granting any licence or right to use any such trademark or domain name.

9 RELIANCE ON THE INFORMATION ON OUR WEBSITE

9.1   The information published on our Website is for general information purposes only and therefore you should not rely on it and we expressly exclude any liability for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.

9.2   We recommend that you take further advice or guidance before taking any action based on the information contained on or generated by our Website. Our customer services department can be contacted using the details that appear at the end of these General Terms should you require any further assistance in this respect.

10 OUR LIABILITY TO YOU

10.1   We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these General Terms. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

10.2   Aston Martin is not liable for any Materials posted by other users and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should use the functionality on the Website to flag such Materials so that we may investigate.

10.3  Aston Martin shall not be liable under these General Terms for any experience advertised and provided by a third party experience management partner on the Experiences Website. Liability for such experiences shall be in accordance with the terms and conditions applicable to each such experience.  

10.4   We do not exclude our liability (if any) to you for:    

a. Personal injury or death resulting from our negligence;    

b. Fraud or Fraudulent misrepresentation; or    

c. Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

11 YOUR LIABILITY TO US

11.1   You acknowledge that any use by you of the Materials in a manner not expressly permitted by these General Terms may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.

11.2   You hereby agree to compensate Aston Martin, its group companies, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:    

a. your breach of these General Terms; and/or    

b. your use of the Materials; and/or    

c. of any of Your Content

12 LINKING TO OUR WEBSITE

12.1   You may link to any page of our Website, for non commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.

12.2   You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3   You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.

12.4   If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.

12.5   We reserve the right to withdraw linking permission at any time and without notice.

13 THIRD PARTY WEBSITES

13.1   Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.

13.2   Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

13.3  The provisions set out in clause 19.1 above does not apply in respect of the Experiences Website.

14 PRE-OWNED PRODUCTS

14.1   Please contact us to confirm vehicle details, status, availability and precise information on vehicle pricing, features, specifications, equipment and mileage details.

14.2   The details listed for pre-owned vehicles are not, and should not be construed as, an offer to sell and the dealership may always accept or reject your offer at its sole discretion. Prices, specifications and availability shown are indicative only.

15 ENQUIRIES AND COMPLAINTS

15.1   If you have an enquiry or complaint about this Website, you should contact our customer services department at Customer Services, SE “Luxury & Sports Cars”, Krasta street 5, Riga, LV-1003, Latvia and we will try to answer your enquiry or resolve any complaint as soon as possible.

16 GENERAL PROVISIONS & APPLICABLE LAW

16.1   You may not assign, sub-license or otherwise transfer any of your rights under these General Terms.

16.2   If any provision of these General Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these General Terms, which shall remain in full force and effect.

16.3   Failure by either of us to exercise any right or remedy under these General Terms does not constitute a waiver of that right or remedy.

16.4   The Court of Republic of Latvia will have exclusive jurisdiction over any claim arising from or related to this Website. Latvian Law will apply to these General Terms.