Purchasing Rules/Terms and Conditions
1. GENERAL PROVISIONS
1.1. These terms and conditions of purchase and sale (hereinafter – the Rules) define the rights, obligations, and responsibilities of the person purchasing goods from the www.spalvotikvapai.lt online store (hereinafter – the Buyer) and the Seller (hereinafter – the Seller), when the Buyer purchases goods from the online store. By purchasing goods from the online store, the Buyer agrees to the application of these Rules.
1.2. The Seller reserves the right to change, modify, or supplement the Rules at any time, in accordance with the requirements set by legal acts. Any additions or changes to the Rules take effect from the day they are published, i.e., from the day they are posted in the online store system. The Buyer will be informed of these changes at the time of purchase.
2. MOMENT OF CONCLUSION OF THE PURCHASE AND SALE AGREEMENT
2.1. The purchase and sale agreement between the Buyer and the Seller is considered concluded when the Buyer, after forming a shopping cart on the online store, providing the delivery address, selecting a payment method, and familiarizing themselves with these Terms, clicks the “Buy” confirmation button, thus submitting and confirming their order. The agreement is valid until the full performance of the obligations under this agreement. If the Buyer does not agree with all or part of the Terms, they must not submit the order.
3. BUYER RIGHTS
3.1. The Buyer has the right to purchase goods in the online store, following these Terms and the laws of the Republic of Lithuania.
3.2. The Buyer has the right, without providing a reason, to cancel the purchase and sale agreement made in the online store with the Seller (except for the exceptions specified below in this section), by notifying the Seller no later than 30 days from the date of delivery of the goods.
3.3. The Buyer’s right to cancel the purchase and sale agreement made in the online store with the Seller does not apply to the following agreements:
3.3.1. agreements for goods that are made or assembled according to the consumer’s specific instructions, which are not pre-manufactured or pre-assembled, and which are produced according to the consumer’s personal choice.
3.3.2. agreements for goods ordered by special request of the consumer, i.e., goods that are not kept in the Seller’s warehouse (all goods with a delivery time of more than 2 business days) and are delivered only upon a specific order from the Buyer.
3.4. The return of goods is carried out in accordance with the Resolution of the Government of the Republic of Lithuania (2014-07-22) on the approval of retail trade rules, the Retail Trade Rules, and these Terms and Conditions.
3.5. The Buyer has the right to return the goods to the Seller and receive the full amount of money paid for the goods under the following conditions: 3.5.2. No more than 30 days have passed since the goods were delivered. 3.5.3. The goods are not damaged or otherwise affected by external factors.
3.6. If the Buyer decides to return the goods, they must complete a return form in free format, providing their personal information – name, surname, address, and order number, as well as the reason for the return, and submit it to the Seller. In the case of returning goods, the Buyer is responsible for delivering the goods to the Seller and covering any related costs. In the case of a return, the Buyer will not be refunded for any additional services provided (e.g., delivery, installation, specialist call-out, etc.).
3.7. After the return of the goods to the Seller, an expert evaluation of the product will be conducted within 15 calendar days to determine whether the product meets the requirements for a free return. If the Seller confirms that the product is not damaged and meets the conditions for free return, the amount paid for the product will be refunded to the Buyer within 15 calendar days from the moment of the inspection.
3.8. When returning an incorrect or defective product, the Seller undertakes to accept the returned items and replace them with equivalent suitable products or, at the Buyer’s request, refund the amount paid for the product.
4. BUYER RESPONSIBILITIES
4.1. The Buyer must pay the price of the goods and their delivery, as well as any other payments (if specified in the contract) and accept the ordered goods
4.2. The Buyer has the option to pay for the goods in several ways: by using their online banking service, for which a link is provided in the online store (if the Seller has an agreement with the Buyer’s bank); by making a payment based on the prepayment invoice; by entering into a hire-purchase (leasing) agreement; by paying the full amount in cash at the store or to the delivery courier – this method is valid only for safes kept in stock and does not apply to products made by the manufacturer according to the Buyer’s order
4.3. If the data provided in the Buyer’s registration form changes, the Buyer must update it immediately.
4.4. The Buyer must confirm the payment order in the Buyer’s online banking service, for which a link is provided in the online store (if the Seller has an agreement with the Buyer’s bank), or make the payment from any other bank. If the Buyer pays for the goods based on a prepayment invoice, they must complete the payment before the expiration of the invoice’s validity period. If the Buyer does not pay the invoice within the specified time, does not confirm the payment order, or fails to send a separate email to the Seller notifying them of the payment, the Seller has the right to consider that the Buyer has refused the purchase and sale agreement and cancel the order
4.5. The Buyer, after purchasing the goods, must follow all of the Seller’s instructions and use the product strictly according to the provided instructions. Otherwise, the Seller is not responsible for the product’s malfunctions, safety level, and does not provide any Manufacturer’s warranties
4.6. The Buyer must comply with other requirements set forth in the Terms and in the laws of the Republic of Lithuania
5. SELLER RIGHTS
5.1. If the Buyer attempts to harm the operation or stable functioning of the online store, the Seller may restrict or suspend (terminate) the Buyer’s access to the online store without prior notice and is not responsible for any losses incurred by the Buyer as a result.
5.2. The Seller has the right to unilaterally change these Terms by publishing them on the online store’s website. The changes take effect from the moment of publication for all transactions made after the publication
5.3. The textual and graphic information on the website, which is protected under the Lithuanian Copyright and Related Rights Law, can be copied and printed (except for information owned by third parties). However, when publishing (quoting) the content or any part of the website, it is necessary to indicate the original source of the information (i.e., the website and the author)
5.4. The Seller has other rights provided in the Terms and in the laws of the Republic of Lithuania
6. BUYER RESPONSIBILITIES AND GUARANTEES
6.1. The Seller undertakes to provide the Buyer with the conditions to properly use the services offered by the online store
6.2. The Seller undertakes to comply with other requirements set forth in these Terms.
6.3. The Seller guarantees the quality of the goods
7. DELIVERY
7.1. The goods are delivered and unloaded throughout Lithuania to the delivery location specified by the Buyer, up to the first door of the building. In case of obstacles preventing the vehicle from approaching the building or other location specified by the Buyer, the goods are unloaded at the nearest location where vehicle access is possible.
7.2. A paid delivery service is available upon the Buyer’s request. The delivery service is available in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, and Alytus.
7.3. The delivery service for goods is ordered separately before payment for the goods and selected services.
7.4. The installation service for goods is ordered separately and is not included in the price.
7.5. Upon delivery of the shipment, the Buyer or the Buyer’s representative must check the condition of the shipment’s packaging, the quantity, quality, and assortment of the goods together with the representative of the transport company.
7.5.1. If damage to the shipment’s packaging, discrepancies in the quantity, quality, or assortment of goods are identified, the Buyer or the Buyer’s representative must refuse to accept the shipment. In such a case, the transport company’s representative, together with the Buyer or the Buyer’s representative, will record the damage, take photographs, and fill out a damage report, which will be signed by the Buyer or the Buyer’s representative and the transport company’s representative.
7.5.2. If the Buyer or the Buyer’s representative accepts the shipment and signs the delivery confirmation provided by the transport company’s representative, either in the data collector or on a paper delivery confirmation without any remarks, it is considered that the goods have been delivered in an undamaged package, and the quantity, quality, and assortment of the goods correspond to the terms of the purchase and sale agreement. Any additional services listed in the data collector or paper delivery confirmation are considered to have been properly performed unless proven otherwise.
7.6. Once the goods are delivered and handed over to the address specified by the Buyer, it is considered that the goods have been transferred to the Buyer, regardless of whether the Buyer or any other person who accepts the goods at the specified address receives them. If the goods are not delivered on the scheduled delivery date, the Buyer must immediately, but no later than the day after the scheduled delivery date, inform the Seller about this.
7.7. If the goods are accepted by someone other than the Buyer, the Buyer must provide the details of the person accepting the goods when filling out the delivery information for the order
8. Responsibility
8.1. The Buyer is responsible for the accuracy of the data provided in the registration form. The Buyer assumes responsibility for the consequences arising from the inaccuracy or incorrectness of the data provided in the registration form.
8.2. The parties are responsible for the violation of the purchase and sale agreement made through the online store in accordance with the laws of the Republic of Lithuania.
8.3. The Seller is not responsible for the information provided on other companies’ websites, even if the Buyer accesses these websites through links on the Seller’s online store.
8.4. The Seller is not responsible for the fact that the goods presented in the online store may not match the actual size, shape, or color of the goods due to the specific characteristics of the Buyer’s display.
9. PERSONAL DATA PROCESSING
9.1. By clicking the order confirmation button, the Buyer confirms that he and his representatives (the Buyer has the consent of his representatives) agree to provide the Seller with his personal data specified in these Rules and the registration form and does not object to the Seller processing the personal data provided by the Buyer and/or his representatives for the purpose of online trading.
9.2. The Seller undertakes not to disclose personal data to third parties without the Buyer’s consent, except in cases provided by the laws of the Republic of Lithuania.
9.3. By pressing the button to confirm the order, the Buyer confirms that they and their representatives (the Buyer has the consent of their representatives) agree to present one of the identity documents to the Seller and/or a third party, as instructed by the Seller, who delivered the goods, when picking up the goods at the designated pickup location: passport, identity card, or new-style driver’s license, in order to properly identify the Buyer and/or their representatives for the purpose of online commerce. The Buyer also confirms that they and their representatives (the Buyer has the consent of their representatives) agree that, at the time of picking up the goods, the Seller and/or the third party, who delivered the goods on the Seller’s instruction, will record the data from the identity document presented by the Buyer and/or their representative and process this data (including but not limited to transferring the data to the Seller) for the purpose of online commerce
9.6. By pressing the button to confirm the order, the Buyer confirms that they (if the Buyer is a natural person) and their representatives have been informed of their right to access the personal data processed by the Seller and how it is being processed, to request correction, deletion of their personal data, or to suspend the processing of their personal data when the data is processed in violation of legal provisions, and to object to the processing of their personal data for any purpose.
9.7. By pressing the button to confirm the order, the Buyer confirms that they and their representatives are aware of their right to refuse to provide their personal data but understand that personal data is necessary and required in order to clearly identify the Buyer and/or their representatives for the purposes of online commerce, and that without providing personal data and/or without agreeing to its processing for online commerce purposes, they will not be able to conclude and/or perform the contract.
10. Sending of information
10.1. The Seller sends all notifications to the email address provided by the Buyer in the registration form
10.2. The Buyer sends all notifications and questions to the address specified in the ‘Contact’ section of the Seller’s online store.
11. Final provisions
11.1. These Terms do not limit the Buyer’s (consumer’s) rights established by the laws of the Republic of Lithuania, including the rights related to the purchase of goods or services of improper quality.
11.2. All disputes arising from or related to the purchase and sale agreement between the Buyer and the Seller shall be resolved through negotiations. If an agreement cannot be reached, disputes will be resolved in accordance with the laws of the Republic of Lithuania