https://palapiniumagnatai.lt/en/purchase-sales-rules/
- General Provisions
These sales-purchase rules (hereinafter – the Rules) establish mutual rights, obligations and liability of the person acquiring items at the online shop www.palapiniumagnatai.lt (hereinafter – the Buyer) and “Elektpro”, UAB (hereinafter – the Seller), when the Buyer purchases the items at the online shop. By purchasing the items at the online shop the Buyer agrees to the application of these Rules.
- The Moment of Conclusion of the Sales-Purchase Agreement
2.1. The Sales-Purchase Agreement between the Buyer and the Seller shall be deemed concluded from the moment the Buyer presses the “Order” button after the shopping cart at the online shop is formed, the delivery address is indicated, the payment method is selected and these Rules are read and understood, and shall be valid until full execution of the obligations under this Agreement. In such cases when the Buyer does not agree to all or certain part of the Rules, he shall not submit the order.
2.2. Each Agreement, concluded between the Buyer and the Seller shall be stored in the database of www.palapiniumagnatai.lt.
- The Rights of the Buyer
3.1. The Buyer shall have the right to buy the items at the online shop in accordance with these Rules and the legislation of the Republic of Lithuania.
3.2. The Buyer (user) shall have the right to cancel the Sales-Purchase Agreement concluded with the Seller at the online shop by notifying the Seller in writing within 7 business days after the delivery of the item. The Buyer shall have the right to cancel the Sales-Purchase Agreement concluded with the Seller only in such case when the item is of good quality, it was not damaged and did not substantially change its appearance.
3.3. The Buyer shall have other rights stipulated in the Rules and the legislation of the Republic of Lithuania.
- The Obligations of the Buyer
4.1. The Buyer shall pay the price of the items and their delivery as well as any other payments (if such are provided upon conclusion of the Agreement), and shall accept the ordered items. The Buyer shall pay for the items by transferring the amount from any bank to the bank account of the Seller, provided in the “Contacts”.
4.2. In case of any changes in the details provided in the registration form of the Buyer, the Buyer shall immediately update them.
4.3. The Buyer shall make the payment from any other bank and shall send a notification on the payment to the Seller by a separate E-mail no later than within 24 hours after pressing the “Order” button. In case of failure to confirm the payment order within this term, the Seller shall have the right to consider that the Buyer cancelled the Sales-Purchase Agreement. The items selected by the Buyer shall be reserved but the Seller shall commence the execution of the Sales-Purchase Agreement only after the Seller receives the notification from the bank of the Buyer or the Buyer on the executed payment for the selected items.
4.4. The Buyer shall follow any other requirements established in the Rules and the legislation of the Republic of Lithuania.
- The Rights of the Seller
5.1. In case the Buyer attempts to impair the operation or stable operation of the online shop or breaches his obligations, the Seller shall have the right, without prior notice, to restrict, suspend (terminate) his use of the e-shop and shall not be liable for any related losses of the Buyer.
5.2. The Seller shall have the right to suspend or terminate the operation of the online shop without prior notice and shall not be liable for any related losses of the Buyer.
5.3. The Seller shall have the right to unilaterally change these Rules by publishing the changed Rules on the website of the online shop. The changes shall come into force from the moment of their publication and shall apply to all transactions concluded after the publication.
5.4. The Seller shall have other rights stipulated in the Rules and the legislation of the Republic of Lithuania.
- The Obligations of the Seller
6.1. The Seller undertakes to make every effort to enable the Buyer to use the services provided by the online shop properly. The Seller shall make no guarantees that the online shop will operate uninterruptedly or that the data transmission will be error free. The Seller shall not be liable for any losses of the Buyer in relation to the malfunctions of the online shop and/or data transmission errors.
6.2. When the Seller, in the event of material circumstances, is unable to deliver the ordered item to the Buyer, the Seller shall be obliged to offer analogous item, and in case the Buyer refuses to accept the analogous item, to return the money paid by the Buyer within 14 business days. In this case the Seller shall be relieved from the liability for the failure to deliver the items.
6.3. The Seller shall be obliged to follow other requirements established in these Rules.
- Delivery of the Items
7.1. The Items shall be delivered by a transportation company at the expense of the Buyer. In individual cases specified by the Seller, the items shall be delivered at the expense of the Seller.
7.2. The precise price of the delivery depends on the weight and the price of the ordered items; therefore, the final delivery price shall be provided by separate agreement.
7.3. The delivery of the items is available throughout the territory of the Republic of Lithuania, including the Curonian Spit (surcharge shall apply) within the time limit specified during the order of the item.
7.4. The exact date and time of the delivery of the items shall be specified in the notification sent by the Seller to the Buyer to the E-mail address which the Buyer provided in the registration form. Accordingly, the Buyer, having entered into the Sales-Purchase Agreement, shall be obliged to check the mentioned E-mail on a daily basis until the delivery notification is received.
7.5. During the delivery of the consignment the Buyer or the representative of the Buyer, depending on the case, shall inspect the condition of the package of the consignment, the quantity, the quality and the assortment of the items together with the representative of the transportation company.
7.5.1. In the event of the identification of a damage to the packaging, but without any non-compliance with the quantity, quality and assortment of the items identified, the Buyer or the representative of the Buyer, depending on the case, shall note the damage to the packaging of the consignment in a data recorder or on a paper delivery note provided by a representative of the transportation company.
7.5.2. In the event of the identification of non-compliance with the quantity and/or quality and/or assortment of the items, the Buyer or the representative of the Buyer, depending on the case, shall not accept the consignment. In such case the representative of the transportation company together with the Buyer or the representative of the Buyer, depending on the case, shall fill in a special consignment inspection act indicating the identified irregularities.
7.5.3. In case the Buyer or the representative of the Buyer, depending on the case, accepts the consignment and signs in a data recorder or on a paper delivery note provided by a representative of the transportation company as well as notes the damage to the packaging of the consignment, it shall be considered that the items were delivered in a damaged packaging, though the quantity, quality and the assortment of the items meet the conditions of the Sales-Purchase Agreement as well as additional services, indicated in the data recorder or on a paper delivery note, are properly performed.
7.5.4. In case the Buyer or the representative of the Buyer, depending on the case, accepts the consignment and signs in a data recorder or on a paper delivery note provided by a representative of the transportation company without any notes, it shall be considered that the items were delivered in the undamaged packaging, the quantity, quality and the assortment of the items meet the conditions of the Sales-Purchase Agreement as well as additional services, indicated in the data recorder or on a paper delivery note, are properly performed.
7.6. After the delivery of the items to the address provided by the Buyer it shall be considered that the items have been handed over to the Buyer, regardless of whether the items were actually accepted by the Buyer or by any other person who accepted the items at the indicated address. If the items fail to be delivered on the planned delivery day, the Buyer shall immediately, but no later than the next day after the planned delivery day, inform the Seller about it. Otherwise, the Buyer shall lose the right to make any claims against the Seller in relation to the failure to deliver the items or delayed delivery.
7.7. In case the price of the item exceeds EUR 1000, the item shall be handed over only when the person accepting the items at the time of delivery at the place of the delivery provides the document confirming his identity: passport, personal ID card or a new model driver’s license, in order to properly identify the Buyer or his representatives for the purpose of the execution of the agreements (online trading). Provided that the items will be accepted by a person other than the Buyer and the price of the item exceeds EUR 1000, the Buyer shall specify the data of the person who is going to accept the items when filling in the information of the order delivery.
7.8. The Clients shall no longer be provided with the courier services in case the items fail to be delivered to the indicated address 3 times.
7.9. The packaging fee shall be included in the price of the item.
- Returns of the Items, Complaints
8.1. In case the Buyer (user) cancels the Sales-Purchase Agreement, as stipulated in clause 3.2 of the Rules, the item shall be returned at the expense of the Buyer. The money for the item shall be returned within 15 business days after the written notification of the Buyer on the cancelation of the Sales-Purchase Agreement.
8.1.1. The items shall be returned in the original packaging of the item and the consignment together with the item documentation (including warranty card, if such has been provided with the item). When returning the items the original VAT invoice which the Buyer received together with the consignment shall be attached in case all items delivered against a respective VAT invoice are to be returned, or the copy of the VAT invoice if part of the items delivered against a respective VAT invoice are to be returned as well as filled in and signed notification form on the cancelation of the Sales- Purchase Agreement.
8.1.2. The Buyer shall be responsible for the proper completion and packaging of the item to be returned. Provided that the item fails to be completed and/or packaged properly, the Seller shall not accept the item to be returned.
8.1.3. The items shall not be accepted in case they were used and/or damaged and/or lost its appearance (changes to the appearance of the item or its packaging which were necessary for the inspection of the item shall not be deemed material changes to the appearance of the item).
8.2. In case the delivered item fails to meet the quality requirements or the Buyer (user) does not like the form, size, colour, model or completion of the purchased item (except for the items indicated in the legislation which the Buyer does not have the right to replace (return) because he does not like the form, size, colour, model or completion of the item), the Buyer shall contact the Seller. The item, which the Buyer (user) does not like because of its form, size, colour, model or completion, may be replaced (returned) only in case no more than 14 days have passed since the date of the sales of the item. Regardless of the size or weight of the item (including the cases when the weight of the item exceeds 10 kg), the item of improper quality and/or the item which the Buyer (user) does not like because of its form, size, colour, model or completion, and which the Buyer is replacing (returning) after 7 business days from the delivery of the item shall be brought by the Buyer for the assessment of the quality, for replacement, returning or repairs.
8.3. The Seller shall process the written complaint of the Buyer regarding the quality of the items or incorrect/improper execution of the order and provide a reply within 14 calendar days. The term for the reply to the complaint may be extended for 7 calendar days with a written notification to the Buyer in order to make the most accurate explanation.
- Liability
9.1. The Buyer shall be fully liable for the accuracy of the data provided in the registration form. In case the Buyer fails to provide accurate data in the registration form, the Seller shall not be liable for the consequences resulting from it.
9.2. The Buyer shall be liable for his actions when using this online shop.
9.3. The Buyer shall be liable for the handing over of his login details to any third parties. If any other third parties are using the services provided by www.palapiniumagnatai.lt connecting to the online shop using the login details of the Buyer, the Seller shall consider such person as the Buyer.
9.4. The Seller shall be relieved from any liability in such cases when the losses result from the Buyer’s failure to read these Rules regardless of the recommendations of the Seller and his own obligation, even though such opportunity has been provided to him.
9.5. If there are any references at the online shop of the Seller to the websites of any other companies, institutions, organisations or persons, the Seller shall not be liable for the information published there or the activities carried out, as well as he shall not supervise, control such websites and represent such companies and persons.
9.6. In the event of any losses, the guilty party shall compensate for the direct losses of the injured party.
- Sending of Information
10.1. The Seller shall send all notifications to the E-mail address provided by the Buyer in the registration form.
10.2. The Buyer shall send all notifications and requests to the E-mail address indicated in the “Contacts” section of the Seller’s online shop.
- Final Provisions
11.1. The Buyer and the Seller hereby agree that any information provided on the website of the Seller’s online shop (including, but not limited to, these Rules, information on the Seller, offered items and services as well as their characteristics, the procedure for the implementation of the rights of the Buyer to cancel the Sales-Purchase Agreement, after-sales services and warranties provided by the Seller (if applicable)) shall be considered to be provided to the Buyer in writing.
12.2. Any disputes between the Buyer and the Seller arising from or in relation to the Sales-Purchase Agreement shall be resolved by negotiation. The Buyer shall have the right to resolve any disputes and make claims against the Seller by E-mail pardavimai@palapiniumagnatai.lt. In case of failure to negotiate, all disputes shall be resolved in accordance with the procedure established by the legislation of the Republic of Lithuania. The Buyers can submit the application/complaint regarding the item or service purchased at our online shop to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402, Vilnius, E-mail tarnyba@vvtat.lt, tel. 8 5 262 6751, on the website www.vvtat.lt, for its territorial divisions in the districts http://www.vvtat.lt/index.php?470187665) or fill in the application form on the online dispute resolution platform http://ec.europa.eu/odr.