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1. RULES OF PURCHASE AND SALE OF GOODS
1.1. El. E-Shop – the Seller’s website / shop (ikrautas.lt), which identifies the Buyer, his / her order, contact details, billing, and delivery details;
1.2. Seller – UAB “Įkrautas”, company code 305604922, address: Pakalnės str. 42- 28, Lentvaris, Trakai district, phone +370 628 00795; email: firstname.lastname@example.org
1.3. Buyer – an adult natural person, a minor (from 14 to 18 years of age) with the consent of parents or guardians (except for the cases when he / she manages their own income), acquiring the Goods from the Seller, a legal entity or an authorized representative of the listed persons;
1.4. Goods – Goods sold in the Seller’s E-Shop;
1.5. Order – a list of goods purchased by the Buyer;
1.6. Rules – the Purchase-Sale Rules establishing the mutual relations, rights, duties, and responsibilities between the Buyer and the Seller.
2. GENERAL PROVISIONS
2.1. These Rules are a legal document binding on the parties, which sets out – the rights and obligations of the Buyer and the Seller, the conditions for acquiring and paying for the Goods, the procedure for delivery and return of the Goods, the parties’ liability and other provisions related to the sale of the Goods.
2.2. When submitting the Order to the Seller, the Buyer must get acquainted with these Rules and confirms the acquaintance when submitting the necessary data for concluding the Agreement and delivering the Order.
2.3. The Seller has the right to change the Rules at any time, taking into account the requirements established by law. The Buyer will be informed about the changes in the Rules in the E-Shop.
3. MOMENT OF APPLICATION OF THE RULES
3.1. The rules for the relationship between the Buyer and the Seller shall apply from the moment when:
3.1.1. The Buyer forms the order in the E-Shop, provides the data required to conclude the Agreement, to deliver the Order, clicks the link “Buy”;
3.1.2. When buying by telephone, the Buyer provides the Seller with the necessary data for concluding the Agreement, forming and delivering the Order;
3.1.3. The Buyer submits the Order and the documents required to use the consumer credit service agreement provided by the leasing companies.
4. RIGHTS OF THE BUYER
4.1. The Buyer has the right to purchase Goods from the Seller in accordance with these Rules.
4.2. The Buyer has the right to refuse and return the Goods purchased in the E-Shop within fourteen days without providing a reason. The Buyer shall, in accordance with the provisions of this Article, notify the Seller of the return of the Goods by submitting a free-form notice setting out his / her decision to cancel and return the Goods. Notice of cancelation and return of the Goods shall be submitted to the Seller by e-mail specified in the E-Shop. The Buyer must send or transfer the Goods to the Seller immediately and no later than within fourteen days from the date of submission of the notice of cancelation and return of the Goods to the Seller. The Buyer bears only the direct cost of returning the Goods. The Goods to be returned must be unused and in the same condition at the time of acceptance of the Goods by the Buyer.
4.3. The Buyer has the right to cancel and return the Goods after the expiry of the 14-day period specified in Clause 4.2. The Buyer must notify the Seller in writing, indicating the Product (s) to be returned and the reason for the return. For the sake of clarity, this provision does not mean that the Seller is obliged to accept the returned Goods, and in each specific case, the Seller, after examining the return request, makes a decision on the return of the Goods. If the Seller makes a decision to accept the returned Goods, the return and transfer of the Goods shall be carried out in accordance with the conditions agreed separately between the Buyer and the Seller.
4.4. The Buyer may exercise the right provided for in Clause 4.3 of the Rules only if the Product has not been damaged, its appearance has not substantially changed and it has not been used.
4.5. In case the Buyer purchases a set of Goods from the Seller and in accordance with the rights provided for in Clause 4.3. of the Rules wishes to give up certain (a certain) Goods (Good), he / she must return the entire set of Goods to the Seller. In case at least one of the Goods in the set does not meet the requirements provided for in Clause 11.4. of the Rules, the Seller has the right to refuse to accept the returned set of Goods.
4.6. Articles 4.2. and 4.3. of these Rules shall not apply to packaged Goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons.
5. OBLIGATIONS OF THE BUYER
5.1. The Buyer must pay for the Goods and accept them in accordance with these Rules.
5.2. When using the E-shop, the Buyer undertakes to comply with these Rules, other conditions provided in the E-shop and the legal acts of the Republic of Lithuania.
6. RIGHTS OF THE SELLER
6.1. The Seller has the right to set the minimum size of the Order at its own discretion, i.e., the minimum amount after which free delivery of the Buyer’s Order will be performed. This amount is indicated in the Seller’s delivery terms.
6.2. If the Buyer tries to compromise the stability and security of the E-shop or violates his / her obligations, the Seller has the right to immediately and without notice restrict or suspend the Buyer’s access to the E-shop.
6.3. When the Buyer chooses the method of payment provided for in Clause 8.1.3 of the Rules – in cash upon delivery of the Goods – the Seller shall contact the Buyer with the contacts indicated by him / her in case of any doubts regarding the information provided in the order. The Seller has the right to cancel his / her order without notifying the Buyer in advance, if the Seller cannot contact the Buyer within 3 (three) business days.
6.4. In case of any uncertainties regarding the order information, the Seller has the right to contact the Customer by means of the specified contacts. The Seller has the right to cancel the order without notifying the Buyer in advance, if the Buyer does not contact the Seller within three (3) working days and does not provide the necessary information.
6.5. The Seller has the right to cancel the order if there are stock problems or website errors that would prevent the original order from being fulfilled, or to offer to change the order so that it is acceptable to both parties. The Seller must, in writing or during a telephone call, inform the Buyer prior to the cancellation and refund if the order is not fulfilled. The Seller is not responsible and in no way has control over the time of refund at the Buyer’s bank or credit card provider.
6.6. The Seller has the right to cancel the order if third party payment service providers believe that the transaction may be unsafe, fraudulent or unreliable. The Seller returns the funds in the same payment method that was used when paying for the order and informs the Buyer by email or phone call. The Buyer can try to order again using another payment method.
7. OBLIGATIONS OF THE SELLER
7.1. The Seller undertakes to make the services of the E-Shop available to the Buyer under the conditions set forth in these Rules and the E-Shop.
7.2. The Seller undertakes to respect the Buyer’s right to privacy of the personal information belonging to him / her, and to process the personal data specified by the Buyer only in accordance with the procedure established in Section 12 of the Rules and the legal acts of the Republic of Lithuania.
7.3. The Seller undertakes to deliver the Goods ordered by the Buyer to the address specified by the Buyer under the conditions specified in Section 9 of the Rules.
7.4. If the Seller is unable to deliver the ordered Product to the Buyer due to important circumstances, the Seller undertakes to offer a similar or as similar in qualities product as possible. If the Buyer refuses to accept a similar or similar in qualities product, the Seller undertakes to return the paid money to the Buyer within 3 (three) business days, if a prepayment has been made.
7.5. When the Buyer exercises the rights provided for in Clauses 4.2. – 4.3. of the Rules and under the condition provided for in Clause 4.5. of the Rules, the Seller undertakes to return the paid money to the Buyer within 14 (fourteen) days, calculated from the date of receipt of the notice of return of the Goods, but not earlier than until the Goods are returned to the Seller or until the Buyer provides proof that the Goods have been sent to the Seller.
8. PROCEDURE AND TERMS FOR PAYMENT OF GOODS
8.1. The Buyer may pay for the Goods in one of the following ways:
8.1.1. Electronic banking – it is a prepayment using the electronic banking system used by the Buyer. When paying for the Goods in this way, a payment is generated for the Buyer in the electronic banking system according to his / her Order. The Buyer transfers the money to the Seller’s account in the respective bank of its choice. The responsibility for data security in this case lies with the respective bank, as all monetary transactions take place in the bank’s electronic banking system.
8.1.2. Bank transfer – it is a prepayment when the Buyer transfers money from his / her account to the Seller’s account according to the submitted Order invoice.
9. DELIVERY AND COLLECTION OF GOODS
9.1. When ordering the Goods, the Buyer may choose the method of delivery of the Goods, i.e., to use the Goods delivery service provided by the Seller’s authorized representative.
9.2. Delivery of Goods to the Buyer:
9.2.1. The Buyer, having chosen the Goods delivery service at the time of ordering, undertakes to indicate the exact place of delivery of the Goods.
9.2.2. The Buyer undertakes to accept the Goods himself / herself or to indicate the person who will collect the Goods at the time of concluding the Order. In the event that the Buyer (or another specified person) is unable to accept the Goods and the Goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer shall not be entitled to make claims against the Seller for delivery of the Goods to the wrong entity.
9.2.3. The Goods are delivered by the Seller or its authorized representative.
9.2.4. The delivery (transportation) fee is calculated depending on the size of the Order and the place of delivery.
9.2.5. When the Buyer wishes the Goods to be delivered outside Lithuania, the delivery terms of the Order shall be agreed upon in a separate agreement.
9.2.6. There is an additional charge for the delivery of Goods to the Curonian Spit region.
* Due to the state of emergency, the delivery of Goods during the COVID-19 pandemic may take up to 7 days.
9.3. In all cases, the Seller shall be released from liability for violation of the terms of delivery of the Goods, if the Goods are not delivered to the Buyer or are not delivered in time due to the fault of the Buyer or due to circumstances depending on the Buyer.
9.4. At the time of delivery of the Goods to the Buyer, the Buyer must together with the Seller or its authorized representative check the condition of the shipment and the Product (s) and sign the transfer –acceptance document of the shipment. After the buyer has signed the transfer –acceptance document of the shipment, the shipment is considered to have been delivered in a proper condition, there is no damage to the Goods, the cause of which is attributable to a non-factory defect, and there are no discrepancies in the assembly of the Product (s) (such that can be identified during an external inspection of the Goods). If the packaging of the delivered shipment is damaged (wrinkled, wet or otherwise externally damaged), the Product (s) is / are damaged and / or the Product (s) are not in complete assembly, the Buyer must indicate this in the transfer –acceptance document of the shipment and, in the presence of the Seller or its representative, to draw up a free-form report on the damage / non-conformity of the shipment and / or the Product (s). If the Buyer fails to do so, the Seller shall be released from liability to the Buyer for damage to the Goods, if the basis for such damage is not a factory defect and for discrepancies in the assembly of the Goods, if such discrepancies can be established during an external inspection of the Goods.
10. PRODUCT QUALITY GUARANTEE AND EXPIRATION DATE
10.1. The characteristics of each of the Seller’s Products are generally indicated in the Product Description attached to each Product.
10.2. The Seller is not responsible for the fact that the color, shape or other parameter of the Product in the E-shop may not correspond to the actual size, shape and color of the Product due to the characteristics of the monitor used by the Buyer.
10.3. The Seller provides a quality guarantee for certain types of Goods valid for a certain period of time, the specific term and other conditions of which are specified in the descriptions of such Goods. The description of a specific Product is considered to be an integral part of these Rules.
10.4. The quality guarantee provided by the Seller does not limit or restrict the rights of consumers, which are imposed on them by legal acts when purchasing a Product or service of poor quality.
10.5. The Seller does not provide warranty maintenance services for the Goods, referring the Buyer to the center providing warranty services in each specific case.
10.6. In cases where the law sets a certain expiration date for specific Goods, the Seller undertakes to sell such Goods to the Buyer in such a way that he / she has a real opportunity to use such Goods before the expiration date.
10.7. In cases when the warranty period of the Product is not determined, in accordance with Article 10.3. of these Rules and when defects in the sold Goods become apparent, the Seller shall be liable for defects in the Goods that become apparent within two years from the delivery of the Goods. If it turns out that the sold Goods are defective, the Buyer has the right to apply to the Seller within the term specified in this Article in accordance with Article 11.2. of these Rules or to resolve the dispute in accordance with Article 14.3.
11. RETURN AND EXCHANGE OF GOODS
11.1. Defects in the sold Goods shall be eliminated, low-quality Goods shall be replaced and returned in accordance with the Retail Trade Rules approved by the Civil Code of the Republic of Lithuania (hereinafter – the CC) Resolution No. 738 of 22 July 2014 and the provisions of these Rules.
11.2. The Buyer, to whom the Defective Product has been sold, has the right to choose during the warranty period (Clauses 10.3. and 10.7.):
11.2.1. to demand from the Seller to eliminate the defects of the Product free of charge (to repair the Product);
11.2.2. to demand from the Seller to replace the Product of the wrong quality with the Product of the right quality free of charge;
11.2.3. to demand the Seller to reduce the price accordingly;
11.2.4. to demand a refund of the price paid.
11.3. In order to return the Product (s) in the cases specified in the Rules, the Buyer must contact the Seller and submit a free-form written request for the return of the Goods.
11.4. When returning the Goods to the Buyer, in accordance with Clause 4.3. of these Rules, the following conditions must be met:
11.4.1. the returned Product must be in neat original packaging (this Clause does not apply in case of return of defective Product);
11.4.2. The Product must be undamaged by the Buyer;
11.4.3. The Product must be unused without losing its commercial appearance (undamaged labels, protective film not peeled off, etc.) (this Clause does not apply in case of return of defective Product);
11.4.4. the returned Product must be in the same set as received by the Buyer;
11.4.5. when returning the Goods, it is necessary to submit the document of its acquisition and a written request for the return of the Goods.
11.5. The Buyer can send the returned goods using the courier services of his / her choice. In the event that the Goods are returned in accordance with the rights provided for in Clauses 4.2. and 4.3., the Buyer shall bear the costs of returning the Goods.
11.6. In all cases, the money for the returned Goods is transferred by payment order and only to the payer’s bank account.
12. PROTECTION OF PERSONAL DATA
12.2. By submitting the Order, the Buyer agrees to the sending of information notices to the e-mail address and telephone number specified by him, which are necessary for the execution of the Order of the Goods.
12.3. A Buyer who does not wish his / her email address or telephone number to continue to be used for direct marketing purposes must notify the Seller.
12.4. The Seller confirms that the personal data specified by the Buyer will be processed only for the purposes of purchasing the Goods from the Seller and direct marketing (unless the Buyer notifies in accordance with the procedure specified in Clause 12.3. of the Rules that he / she does not want his / her personal data processed for direct marketing purposes). The Seller undertakes not to disclose the Buyer’s personal data to third parties, except for the Seller’s partners providing delivery of Goods or other services related to the proper execution of the Buyer’s order. In all other cases, the Buyer’s personal data may be disclosed to third parties only in accordance with the procedure provided for by the legal acts of the Republic of Lithuania.
12.5. The personal data used by the Buyer when making transfers from his / her credit or debit accounts to the Seller in banking systems is processed securely using Secure Socket Layer (SSL) certificates. The full responsibility for this personal data rests with the banks used by the Buyer.
12.6. The Buyer, as a data subject, has the right to receive information on the processing of his / her personal data, to correct it, to delete it or to object to its processing.
12.7. In order to provide the Buyer with the full capabilities of the E-Shop, the Seller enters information – cookies – on the Buyer’s computer (device). The information used by the Seller is used to identify the Buyer as a previous visitor to the E-Shop, to store information about the purchases added to the Buyer’s Shopping Cart, and to collect website traffic statistics. The Buyer has the opportunity to view what information (cookies) the Seller enters and may delete some or all of the saved cookies. The Buyer also has the right to object to the storage and use of information (cookies) on his / her computer (device), in which case certain features of the E-Shop may not be available to him / her. By accepting the Rules, the Buyer agrees to the entering of information on his / her computer (device). The Buyer may revoke this consent at any time by changing the settings of his / her web browser or by contacting the Seller.
12.8. Any request or instruction related to the processing of personal data must be submitted by the Buyer to the Seller in writing. Upon receipt of such request or instruction from the Buyer, the Seller shall provide a written response to the Buyer within 30 (thirty) calendar days.
12.9. If the Buyer does not agree with the provisions of Personal Data Protection specified in this section of the Rules, the Buyer loses the right to use the services provided by the E-Shop.
13.1. The Buyer is fully responsible for the accuracy of the personal data provided by him / her. If the Buyer does not provide accurate personal data, the Seller is not responsible for the consequences and acquires the right to claim compensation for direct losses incurred by the Buyer.
13.2. The Buyer is responsible for the actions taken using the E-Shop.
13.3. The Seller is released from any liability in cases where the loss arises due to the fact that the Buyer, despite the recommendations of the Seller and its obligations, did not read these Rules, even though he / she was given such an opportunity.
13.4. If the Seller’s E-Shop contains links to other companies, institutions, organizations, or persons’ websites, the Seller is not responsible for the information or activities performed there, does not maintain, control, and does not represent those companies and persons.
13.5. The Seller is not responsible for the proper fulfillment of mutual obligations between the Buyer and the Seller’s partners whose services the Buyer orders.
13.6. In the event of harm, the guilty party compensates the other party for the direct losses.
14. FINAL PROVISIONS
14.1. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.
14.2. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.
14.3. All disputes arising out of the application of these Rules shall be settled by negotiation. In case of failure to reach an agreement, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania, including, but not limited to:
14.3.1. The Buyer has the right to submit a request / complaint regarding the Goods purchased in the E-Shop to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402, Vilnius, email: email@example.com, phone: 8 5 262 67 51, fax: 8 5 279 1466, on the website http://www.vvtat.lt/, as well as in county subdivisions of the State Consumer Rights Protection Authority);
14.3.2. The Buyer has the right to resolve the dispute using the alternative online consumer dispute resolution platform (ODR), which is available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT. The contact center in Lithuania is the State Consumer Rights Protection Authority – http://www.vvtat.lt/;
14.3.3. The Buyer has the right to apply to a court in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania.