Terms & Conditions
General Terms and Conditions of Purchase
1. General
provisions
1.1. These Terms and
Conditions of Purchase (hereinafter referred to as the Terms and Conditions) is
a binding legal document establishing the rights, obligations and
responsibilities of the Purchaser and the Seller when the Purchaser acquires
goods in the e-shop.
1.2. The Seller
reserves the right to modify, amend or supplement the Terms and Conditions at
any time in accordance with the regulatory requirements. The Purchaser shall be
informed thereof on the website of the e-shop. During shopping at the e-shop,
the Terms and Conditions valid at the moment when the order is placed shall
apply.
1.3. Who has the right
to make purchases in the e-shop?
1.3.1. natural
persons with legal capacity, i.e. persons who have reached the age of majority
and whose legal capacity is not restricted by judicial procedure;
1.3.2. minors
aged between 14 and 18 years, only with the consent of their parents or carers,
unless they independently dispose of their income;
1.3.3. Legal
persons;
1.3.4. authorized
representatives of all the aforesaid persons.
1.4. By approving the Terms and Conditions, the Seller
also guarantees that, in accordance with Clause 1.3 of the Terms and
Conditions, the Purchaser has the right to purchase goods in an e-shop.
1.5. The contract between the
Purchaser and the Seller is deemed to have been concluded from the moment when
the Purchaser clicks on the ‘Confirm Order' button after the shopping cart has
been finalised, the payment method has been selected and Seller's Terms and
Conditions have been accepted (See Clause 5. Ordering of Goods, Prices,
Procedures and Terms of Payment).
2. Personal data
protection
2.1. Purchaser can place an order
for goods in the e-shop:
2.1.1. By
registering on this e-shop, i.e. by entering the data requested during the
registration;
2.1.2. Without
registration on the e-shop.
2.2. When ordering goods using the methods specified in
the Clause 2.1 of the Terms and Conditions, Purchaser must specify in the
respective text fields, the following personal data required to properly fulfil
the order: name, surname, delivery address, phone number, and email address.
2.3. By accepting these Terms and Conditions, Purchaser agrees that his/her
personal data referred to in Clause 2.2 can be processed for the purposes of
selling goods and services in an e-shop, analysing the activities of the
Purchaser, and for direct marketing.
2.4. By agreeing that his/her personal data can be processed by the Seller for
the purposes of selling goods and services in the Seller’s e-shop, Purchaser
also agrees to receive by email and phone number information messages necessary
to complete the order.
2.5. By registering and ordering
goods at the e-shop, Purchaser undertakes to keep his/her login information
safe and not to disclose it to anyone.
3. Purchaser’s rights and responsibilities
3.1. Purchaser has the right to buy
goods at the e-shop following the procedures established in these Terms and
Condition as well as in information sections of this e-shop.
3.2. Purchaser has the right to
withdraw from the sale-purchase contract concluded with the e-shop by notifying
the Seller thereof in writing (specifying the item to be returned and the respective
order number) no later than within 14 (fourteen) business days from the day the
goods were delivered, except the cases when withdraw is not possible in
accordance with the legislation of the Republic of Lithuania (e.g. when the
contract has been entered into in relation to sale of personal hygiene items -
bed linen; see information provided on the website of the Public Enterprise
Vartotojų centras
http://www.vartotojucentras.lt/istatymas.php?id=1038 Clause 18 “Ne maisto prekių grąžinimo ir keitimo ypatumai” (Special
conditions for returning non-food products to the seller).
3.3. Purchaser may exercise the
right specified in the Clause 3.2 of the Terms and Conditions only if the goods
have not been damaged, their appearance has not changed, and the goods are in
the unused condition.
3.4. Purchaser undertakes to accept
the goods and pay for the goods the agreed price.
3.5. In case of any change in the information
provided by Purchaser during registration, Purchaser must immediately update
the information.
3.6. Purchaser undertakes not to
disclose the log in information to any third parties. In the event if Purchaser
loses the log in data, Purchaser must immediately inform thereof the Seller
through the communication means specified in the section “Contacts”.
3.7. By using the e-shop, Purchaser
accepts these Terms and Conditions and undertakes to adhere thereto as well as
not to violate the legislation of the Republic of Lithuania.
4. Seller’s
Rights and Responsibilities
4.1. Seller undertakes to ensure
the Purchaser is provided all the necessary conditions to properly use the
services offered on the e-shop.
4.2. In case Purchaser attempts to
undermine the stability and security of the Seller’s e-shop or violates his/her
obligations, the Seller shall have the right to immediately and without notice
to restrict or suspend the use of the e-shop by the Purchaser or, in
exceptional cases, to cancel the registration of the Purchaser.
4.3. The Seller undertakes to
respect the Purchaser’s right to privacy in respect of the buyer’s personal
information specified in the e-shop registration form.
4.4. The Seller undertakes to
deliver the goods ordered by the Purchaser to the address indicated by the
Purchaser.
5. Ordering of
goods, prices, procedures of payment, terms.
5.1. Purchaser can shop in the
e-shop all day 7 days a week.
5.2. The Contract comes into effect
at the moment when Purchaser clicks the button “Confirm order”, and the Seller
confirms receipt of the order by sending the Purchaser a confirmation letter to
the specified email address.
5.3. The prices of the goods in the
e-shop and in the order are specified in euros including VAT.
5.4. Purchaser pays for the goods
using one of the following methods:
5.4.1. Payment using e-banking. It is an advance payment made by
Purchaser using his/her e-banking system. In order to use this form of payment
Purchaser must have signed an e-banking agreement with one of the following
banks: CITADELE bank; SWEDBANK bank; LUMINOR bank. Funds shall be
transferred by Purchaser to the e-shop settlement account. The responsibility
for data security in this case lies with the bank concerned, as all monetary
transactions take place in the bank’s e-banking system.
5.4.2 Payment by bank transfer. It is an advance payment made by
Purchaser whereby the buyer transfers money to the bank account of the e-shop
at the nearest bank office.
5.4.3 Payment through Paysera.
5.5. Purchaser undertakes to pay
for the goods immediately. Orders are processed and the delivery term shall
commence only after the payment is received.
6. Delivery of
goods
6.1. The Purchaser who chooses the
delivery service at the time of ordering undertakes to specify the exact place
of delivery of the goods.
6.2. Purchaser undertakes to accept
the goods in person. In the event if the Purchaser is unable to accept the
goods personally and the goods are delivered to the address specified, the
Purchaser shall not have the right to bring claims against the Seller for
delivery of the goods to a wrong entity.
6.3. The goods shall be delivered
either by the Seller or by the Seller’s authorised representative (courier).
6.4. The delivery service is
offered on the territory of Lithuania and Estonia. Delivery costs EUR 4 incl. VAT in Lithuania, and EUR 6
incl. VAT in Estonia. Goods can be collected at UAB Impeka at the following
address: Gamyklos g. 34, LT-89104 Mažeikiai.
6.5. The Seller shall deliver the
goods to the Purchaser within the time limits specified in the goods order
form. These time limits are preliminary and do not apply in cases where the
goods required are not available in the Seller’s warehouse and the Purchaser is
informed of the shortage of the goods ordered. At the same time, the Purchaser
agrees that, in exceptional cases, unforeseeable circumstances beyond the
Seller’s control may cause delays in the delivery of the goods. In such case,
the Seller undertakes to contact the Purchaser immediately and to agree on the
goods delivery terms.
6.6. In all cases, the Seller shall
be released from liability for any infringement of the time limits for delivery
of the goods if the goods are not delivered or not made available to the
Purchaser in good time due to fault on the part of the Purchaser or due to
circumstances beyond the Seller’s control.
6.7. Purchaser must in all cases
immediately inform the Seller when the goods are delivered in a bent or
otherwise damaged packaging, when the order is incomplete or incorrect, or
contains unwanted or incorrect merchandise.
6.8. In all cases, if the Purchaser
notices any damage to the packaging at the time of delivery, the Purchaser must
state the observations in the delivery document provided by the courier or draw
up a separate document in respect of such damage. This must be done in the
presence of the courier. Should the Purchaser fail to proceed as instructed,
the Seller shall be relieved of its liability vis-à-vis the Purchaser in respect
of goods damage relating to packaging damage that have not been noted on the
delivery document presented by the courier.
7. Guarantees for
the quality of goods
7.1. For each item sold in the
e-shop, the details are generally indicated in the description of the item.
7.2. The seller is not responsible
for the items in the e-shop may not match the actual size, shape, and color of
the items due to the characteristics of the display used by the Purchaser.
7.3. The Seller shall provide the
goods with a quality guarantee established by the manufacturer.
7.4. In case of suspicion of
improper quality of the goods, you must contact UAB Impeka immediately by
e-mail info@impeka.lt or come to
the office of UAB Impeka located at following address: Gamyklos g. 34, LT-89104
Mažeikiai.
7.5. In cases when it is found that
the goods are damaged mechanically or chemically, that they have been
incorrectly assembled or that the manufacturer’s recommendations have not been
followed, the claims regarding the quality of the products shall not be
accepted.
7.6. If the Seller fails to provide
a quality guarantee for certain types of goods, the guarantee provided for by
the relevant legislation shall apply.
8. Returns and Replacements of
Goods
8.1. Any defects of the goods shall be eliminated,
goods of inadequate quality shall be replaced or returned in accordance with
the rules approved by the Minister of Economy in 2001 June 29 by Order No.
217 of the On the Approval of the Rules
of Goods Return and Exchange, except the cases when it is not possible to
withdraw from the contract according to the legislation of the Republic of
Lithuania (when the contract is concluded in relation with the purchase of
hygiene goods – bed linen; see information provided on the website of the
Public Enterprise Vartotojų centras http://www.vartotojucentras.lt/istatymas.php?id=1038 Clause 18 “Ne maisto prekių grąžinimo ir keitimo ypatumai” (Special
conditions for returning non-food products to the Seller). In all cases,
money for the returned goods shall be paid only to the payer’s bank account.
8.2. In order to return goods in
accordance with Clause 8.1 of the Terms and Conditions, the Purchaser may do so
within 14 (fourteen) business days of delivery of the goods to the Purchaser by
informing the Seller thereof by the means of communication indicated in the
contacts section, specifying the name of the goods to be returned, the order
number and the reasons for returning them.
8.3. When the goods are returned by
the Purchaser, the following conditions must be fulfilled:
8.3.1. the returned goods must be in the original packaging;
8.3.2. the goods must not be intact by the Purchaser;
8.3.3. the goods must be in an unused condition and having their
original aesthetic appearance (intact labels, unpeeled safety films, etc.)
(this clause does not apply in the case of the return of defective goods);
8.3.4. the returned goods must be in the same complete set the
Purchaser received it;
8.3.5. the returned goods must be accompanied by a proof of
purchase.
8.4. The Seller shall have the
right not to accept the goods returned by the Purchaser if the Purchaser fails
to comply with the return procedure set out in Article 8.3.
8.5. When the goods and/or
defective goods are returned, the Seller undertakes to accept such goods and
replace them with analogous proper quality goods.
8.6. In the event when the Seller
does not have suitable goods for replacement, the amount paid shall be refunded
to the Purchaser, excluding the price for delivery.
9. The
Purchaser’s and Seller’s Responsibility.
9.1. The Purchaser is fully
responsible for the correctness of the personal data provided by the Purchaser.
If the Purchaser does not provide precise personal data in the registration
form, the Seller shall not be liable for the consequences resulting therefrom
and shall be entitled to claim from the Purchaser compensation for the direct
damage suffered.
9.2. The Purchaser shall be deemed
responsible for actions performed on this e-shop.
9.3. Once registered, the Purchaser
is responsible for disclosing the login details to third parties. If the
services provided by the e-shop are used by a third party who logs in to the
e-shop using the Purchaser’s login details, the Seller considers this person to
be the Purchaser.
9.4. The Seller shall be released
from any liability in cases where the loss results from the lack of knowledge
of these Terms and Conditions by the Purchaser, despite the Seller’s
recommendations and the Purchaser's commitments, even though the opportunity to
do so has been given.
9.5. If the Seller’s e-shop
contains links to the websites of other companies, institutions, organisations
or persons, the Seller shall not be responsible for the information or
activities held therein; the Seller does not maintain, control or represent
those companies and persons.
9.6. In the event of damage, the
Party responsible shall indemnify the other Party for direct damage.
10. Marketing and
information.
10.1. The Seller may, at own
discretion, initiate various special campaigns in the e-shop.
10.2. The Seller shall have the
right to amend the terms and conditions of such special campaigns unilaterally
and without further notice, as well as to cancel them. Any amendment or
cancellation of the terms and conditions of the special campaigns shall be
effective only ahead, i.e. from the moment such amendment or cancellation is
made.
10.3. The Seller shall send all the
notices using the means of communication specified in the Purchaser's
registration form.
10.4. The Purchaser shall send all
notices and questions to the phone numbers and e-mail addresses indicated in
the “Contacts” section of the Seller’s e-shop.
10.5. The Seller shall not be held
liable if the Purchaser does not receive any information or confirmation
messages due to failures of online communications, e-mail service providers.
11. Final
Provisions
11.1. These Terms and Conditions of goods’
sale-purchase are drawn up in accordance with the laws and regulations of the
Republic of Lithuania.
11.2. Any disagreement arising from the implementation of these Terms and
Conditions shall be settled by negotiation. If no agreement can be reached,
disputes shall be settled in accordance with the procedure laid down by the
laws of the Republic of Lithuania.