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1. General
Provisions.
1.1. The following Regulations
for the Sale and Purchase of Goods (hereinafter – the Regulations) shall be a
binding legal document on the Parties, which sets out the rights, obligations
and liability of the Buyer and the Seller in the course of the Buyer making a
purchase on the online shop.
1.2. The Seller shall reserve the right to change, amend or supplement the
regulations at any time taking into consideration the requirements set forth by
the legislation. The Buyer shall be notified on the online shop's website. The
Regulations effective at the time of placing an order shall apply to the Buyer
making a purchase on the online shop.
1.3. The following shall be entitled to make purchases on the online shop:
1.3.1. natural persons with full legal capacity,
i.e. persons at the age of majority whose capacity has not been limited through
judicial proceedings;
1.3.2. minors between 14 and 18 years old only
with a consent of their parents or guardians save for the cases where they
dispose of their income independently;
1.3.3. legal persons;
1.3.4. authorised representatives of all of the
afore-mentioned persons.
1.4. By approving the following regulations, the Seller shall also warrant
that, under paragraph 1.3. of the regulations, the Buyer shall be entitled to
purchase goods on the online shop.
1.5. The Agreement between the Buyer and the Seller shall be considered
concluded as of the moment when the Buyer, having added items to a shopping
basket, provided their delivery address, chosen a payment method and familiarised
with the Seller's regulations, has clicked the "Confirm Order" button
(see paragraph 5 "Order, Prices, and Payment Procedure and Terms").
1.6. Every single agreement concluded between the Buyer and the Seller shall be
stored on the online shop.
2. Protection of Personal
Data.
2.1. The Buyer may order goods on the online shop:
2.1.1. by registering on the online shop, i.e.
entering the requested details at the registration;
2.1.2. without registering on the online shop.
2.2. When ordering goods in either way referred to in paragraph 2.1. of the
regulations, the Buyer shall specify, in the information fields provided by the
Seller, the Buyer's personal data necessary for having the order fulfilled in a
proper manner: name, surname, delivery address for the goods, telephone number
and an email address.
2.3. By accepting the following regulations, the Buyer consents to the Buyer's
personal data referred to in paragraph 2.2. being processed for the purposes of
having the goods and services sold on the online shop, the Seller's business
insight as well as direct marketing.
2.4. By consenting to the Buyer's personal data being processed for the purpose
of having the goods and services sold on the Seller's online shop, the Buyer
shall also consent to information messages necessary for having the goods order
fulfilled being sent to the email address and the telephone number provided by
the Buyer.
2.5. By registering on the online shop and ordering goods, the Buyer shall
undertake to protect and abstain from disclosing any login details.
3. Buyer's Rights and Obligations.
3.1. The Buyer shall be entitled to purchase goods on the online shop following
the procedure set forth in the present Regulations as well as other information
sections on the online shop.
3.2. The Buyer shall be entitled cancel the Sale and Purchase Agreement of the
Goods with the online shop by notifying the Seller thereof in writing (by email
specifying the item to be returned and the order number) not later than within
14 (fourteen) working days from the delivery date.
3.3. The Buyer may exercise the right referred to in paragraph 3.2. of the
Regulations only if the item has not been damaged or its appearance has not
changed significantly, also provided it has not been used.
3.4. The Buyer shall undertake to accept the ordered goods and pay the agreed
price for them.
3.5. Should any details provided in the Buyer's registration form change, the
Buyer must update them without delay.
3.6. The Buyer shall undertake not to share their login details with any third
parties. If the Buyer has lost their login details, they shall notify the
Seller thereof without delay using the means of contact provided in the
Contacts section.
3.7. By using the online shop, the Buyer consents to the following Regulations
for the Sale and Purchase and shall undertake to abide by them and respect the
legislation of the Republic of Lithuania.
4. Seller's Rights and
Obligations.
4.1. The Seller shall undertake to facilitate the Buyer using the services of
the online shop in a due manner.
4.2. Provided the Buyer tries to undermine the stability or security of the
operations of the Seller's online shop or is in breach of their undertakings, the
Seller shall be entitled limit or suspend, without delay and without any
notification whatsoever, the Buyer's ability to use the online shop or, in
exceptional cases, cancel the Buyer's registration.
4.3. The Seller shall undertake to respect the Buyer's privacy right to the
Buyer's personal data provided in the registration form on the online shop.
4.4. The Seller shall undertake to deliver the goods ordered by the Buyer to
the address provided by the Buyer.
5. Order, Prices, and Payment
Procedure and Terms.
5.1. The Buyer may make purchases on the online shop 24/7.
5.2. The Agreement shall come into effect as of the moment when the Buyer has
clicked the "Confirm Order" button, whereas the Seller, upon
receiving the order, has approved it, i.e. has sent a confirmation email at the
email address provided by the Buyer.
5.3. The prices of the items shall be stated in euros, inclusive of VAT, on the
online shop as well as in the generated order.
5.4. The Buyer shall make payments for the goods in one of the following
methods:
5.4.1. Payment via online banking shall mean a
pre-payment using the Buyer's online banking system. The Buyer shall remit the monies to the online shop's
current account. In such a case, the responsibility for data protection shall
be borne by a respective bank because all cash transactions are effected on a
bank's online banking system.
5.4.2. Payment by bank transfer shall mean a
pre-payment where the Buyer, having printed the order and gone to the nearest
bank branch, has remitted the monies to the online shop's bank account.
5.5. The Buyer shall undertake to make the payment for the goods without delay.
The generation of the goods consignment shall be launched and the delivery term
shall start ticking only following the receipt of the payment for the goods.
6. Delivery of Goods.
6.1. Having opted for the delivery service at the time of the order, the Buyer
shall undertake to specify the exact delivery location.
6.2. The Buyer shall undertake to accept the goods in person. In the event
where the Buyer is unable to accept the goods in person and the goods have been
delivered to the address provided, the Buyer shall not be entitled to make
claims against the Seller in connection with the goods being delivered to a
wrong person.
6.3. The goods shall be delivered by the Seller or a Seller's authorised
representative (a courier).
6.4. The Seller shall deliver the goods to the Buyer in line with the terms
specified in the descriptions of the items. The above terms shall be tentative;
in addition, they shall not apply in the events when the required goods are out
of stock and the Buyer has been notified of the items being out of stock.
Likewise, the Buyer agrees that in exceptional cases the supply of goods may be
delayed due to unforeseen circumstances out of the Seller's control. In such
event, the Seller shall undertake to contact the Buyer without delay and agree
on the terms and conditions for the supply of goods.
6.5. In all and any cases, the Seller shall be excused from its liability for
any breach of the supply terms in connection with the goods provided the goods
have not been supplied to the Buyer or the supply thereof has been delayed due
to the Buyer's fault or due to any circumstances out of the Seller's control.
6.6. In all cases, the Buyer shall notify the seller without delay provided the
consignment has been supplied in a battered or otherwise damaged packaging or the
consignment contains any goods that have not been ordered or contains an
incorrect quantity thereof or has an incomplete set of items.
6.7. In all cases, upon discovering any damages to the packaging at the time of
delivery, the Buyer must provide comments in the delivery note supplied by the
courier or draw up a separate deed in connection with the above damages. The
Buyer must do this in front of the courier. Should the above acts not be
carried out, the Seller shall be excused from its liability against the Buyer
in connection with any damages to the goods pertinent to the damage of packing
that the Buyer had not noted in the courier's delivery note.
7. Quality of Goods and
Warranties.
7.1. General details of every item sold on the online shop shall be provided in
the description next to every individual item.
7.2. The Seller shall not be liable for the colour, shape and other parameters
of items on the online shop not matching the actual size, shape and colour of
the items resulting from the characteristics of the monitor used by the Buyer.
8. Returns and Replacement of
Goods.
8.1. Any defects of the items sold shall be rectified, any poor quality items
shall be replaced and returned pursuant to the Regulations for Returns and
Replacement of Items as approved by Order No 217 of the Minister of Economy of
the Republic of Lithuania of 29 June 2001 Approving the Regulations for Returns
and Replacement of Items, save for the cases the contract cannot be cancelled
under the laws of the Republic of Lithuania (e.g. where the agreement concluded
pertains to the sale of hygiene products or bedding; see information on the
website of Public Enterprise "Vartotojų centras" (English: Consumer Centre) at
http://www.vartotojucentras.lt/istatymas.php?id=1038, paragraph 18 of the Peculiarities
for Returns and Replacement of Non-Food Items.). In all cases any monies for the
returned items shall only be transferred to the payer's bank account.
8.2. To return an item/items pursuant to paragraph 8.1. of the Regulations, the
Buyer may do so within 14 (fourteen) working days from the day the goods were
delivered to the Buyer by notifying the Seller using the means of contact provided
in the contacts section and stating the name of the item to be returned, the
order number and the reason for returns.
8.3. In the event where a wrong item and/or a poor quality item is returned,
the Seller shall undertake to collect any such goods and replace them with
suitable items of equal standing.
8.4. In the even where the Seller does not have any items suitable for
replacement in stock, the Buyer shall receive a refund of any monies paid,
excluding the delivery cost.
9. Buyer's and Seller's Liability.
9.1. The Buyer shall bear full responsibility for the personal data provided by
the Buyer being correct. If the Buyer fails to provide accurate personal data in
the registration form, the Seller shall not be liable for any consequences
arising in connection therewith and shall acquire the right to claim the
compensation of direct damages from the Buyer.
9.2. The Buyer shall be liable for any acts when using the online shop.
9.3. A registered Buyer shall be liable for sharing their login details with
third parties. If a third party uses, having logged onto the online shop using
the Buyer's login details, the services provided on the online shop, the Seller
shall consider the above person to be the Buyer.
9.4. The Seller shall be excused from all and any liability in the cases where
the damages have been caused by the Buyer’s failure, disregarding the Seller's
guidelines and the Buyer's undertakings, to familiarise with the present
Regulations despite having such an opportunity provided.
9.5. Provided the Seller's online shop contains links to any websites owned by
other companies, bodies, organisations or persons, the Seller shall not be
liable for any information present there or for any activities thereof; it does
not maintain or manage any such websites and does not represent any of such
companies and persons.
9.6. In the event of any damage, the guilty Party shall compensate the other
Party for their direct damages.
10. Marketing and Information.
10.1. The Seller may launch, at its own discretion, a variety of promotions on
the online shop.
10.2. The Seller shall be entitled to amend the terms and conditions of any
promotions as well as cancel them unilaterally without any separate
notification thereof. Any amendment to the terms and conditions of promotions
or any cancellation thereof shall only have a prospective effect, i.e. from the
moment it has been carried out onwards.
10.3. The Seller shall send all messages using the means of contact provided in
the Buyer's registration form.
10.4. The Buyer shall direct all messages and queries at the telephone numbers
and email addresses specified on the Contacts section of the Seller's online
shop.
10.5. The Seller shall not be liable should the Buyer not receive any information
or confirmation messages due to any malfunctions of internet connection or any
networks of email service providers.
11. Final Provisions.
11.1. The following Regulations for the Sale and Purchase of Goods have been
concluded under the laws and legislation of the Republic of Lithuania.
11.2. All disagreements arising in connection with the performance of the
present Regulations shall be resolved by negotiations. In case of any failure
to come to an agreement, the disputes shall be resolved in accordance with the
procedure set forth by the laws of the Republic of Lithuania.