Terms of purchase
1. General provisions
1.1. These Terms of purchase and sale of goods (hereinafter
– Terms) are a legal document binding on the Parties, which determine the
rights, obligations and responsibilities of the Buyer and the Seller when the
Buyer purchases goods from the online store.
1.2. The seller reserves the right to change, amend or add
to the terms at any time, taking into account the requirements established by
legal acts. The Buyer is informed on the website of the online store. Terms
valid at the time of placing an order apply to purchases made by the Buyer in
the online store.
1.3. The following persons have the right to purchase from
the online store.
1.3.1.
legally capable natural persons, i.e. persons who have reached the age of
adulthood, whose capacity is not limited by court order;
1.3.2.
underage persons between the ages of 14 and 18, only with the consent of their
parents or guardians, except in cases when they may dispose of their income
independently;
1.3.3.
legal entities;
1.3.4.
authorized representatives of all the above mentioned persons.
1.4. By approving the terms, the Seller also
guarantees that according to clause 1.3. of the terms, the Buyer has the right
to purchase goods from the online store.
1.5. An agreement between the Buyer and the Seller is
considered concluded from the moment the Buyer places goods in the shopping
cart, specifies the delivery address, chooses the payment method and
familiarizes oneself with the terms established by the Seller by pressing the
“Confirm order” button (see clause 5 “Ordering goods, prices, payment
procedure, deadlines”).
2. Protection of personal data
2.1. The Buyer can order goods in the online store:
2.1.1. after registering in this online store –
by entering the data requested for registration;
2.1.2. without registration in this online store.
2.2. When ordering goods in the ways established in
clause 2.1. for in clause of the Terms, the Buyer must enter the personal data
of the Buyer necessary for the proper fulfilment of the order of goods in the
relevant information fields required by the Seller. The following information
must be indicated: name, surname, delivery address, telephone number and email
address.
2.3. By confirming these terms, the Buyer agrees that
the personal data of the Buyer established in clause 2.2. of the terms shall be
processed for the purpose of selling goods and services in the online store,
for the analysis of the Seller’s activity, and for the purposes of direct
marketing – only after separate consent is given.
2.4. By agreeing with the processing of personal data
in the Seller’s online store for the sale of goods and services, the Buyer also
agrees that the email and telephone number specified by the Buyer shall be used
for sending information necessary for fulfilment of the order of goods (e.g. to
confirm the delivery time).
2.5. By registering in the online store and when
ordering goods, the Buyer undertakes to protect and not disclose login data to
anyone.
3. Rights and obligations of the Buyer
3.1. The Buyer has the right to buy goods in the
online store according to the procedure established in these terms and
information indicated in this online store.
3.2. The Buyer has the right to withdraw from the
agreement on purchase and sale of quality goods in the online store, notifying
the Seller about it in writing (by email, indicating the goods wished to be
returned and their order number) no later than within 14 (fourteen) working
days from the day of delivery of the item(s), except in cases when the
agreement cannot be terminated according to the provisions of Article 6.22810,
p. 2 of the Civil Code.
3.3. The Buyer may exercise the right established in
clause 3.2 of the terms only if the product has not been used, damaged or its
appearance has not fundamentally changed.
3.4. The Buyer undertakes to accept the ordered goods
and pay the agreed price for such goods.
3.5. In the event of changes in the data provided in
the Buyer’s registration form, the Buyer must update such data immediately.
3.6. The Buyer must protect and not disclose his/her
online store login data, ensure that the data is known only to the Buyer and
only the buyer would use such data, after well as not to transfer or otherwise
enable other persons to familiarize with or use the login data. In the event of
suspicion that login data could have been obtained by other persons, the Buyer
must immediately notify the Seller about it, as well as immediately inform the
Seller about the violation or disclosure of the online store’s login data. Any
actions performed using the login data of the Buyer are considered to be
performed by the Buyer, and the Buyer assumes full responsibility for the
consequences of such actions.
3.7. When using the online store the Buyer agrees with
these Terms of purchase and sale and undertakes to comply with them and not
violate the legal acts of the Republic of Lithuania.
4. Rights and obligations of the Seller
4.1. The Seller undertakes to provide all conditions
for Buyer to use the services provided in the online store. The Seller is not
responsible for malfunctions of the online store due to Internet connection or
data transmission malfunctions, if they were not caused by the fault of the
Seller or its suppliers.
4.2. If the Buyer attempts to impair the stability and
security of the Seller’s online store, or violates his/her obligations, the
Seller has the right to immediately and without warning limit or suspend the
Buyer’s ability to use the online store or, in exceptional cases, remove the
Buyer’s user.
4.3. The Seller undertakes to respect the Buyer’s
right to privacy in regards to the Buyer’s personal information indicated in
the registration form of the online store.
4.4. The Seller undertakes to deliver the goods
ordered by the Buyer to the address indicated by the Buyer. In the event of
important circumstances, the Seller, being unable to deliver the ordered goods
to the Buyer, undertakes to offer similar goods, and to return the money paid
by the Buyer if the Buyer refuses to accept similar goods.
5. Ordering goods, prices, payment procedure, deadlines
5.1. Buyer can make purchases 24 hours a day, 7 days a
week.
5.2. The agreement becomes valid from the moment the
Buyer clicks the “Confirm order” button, and after receiving the order, the
Seller confirms it – sends a confirmation email to the email address indicated
by the Buyer.
5.3. The prices of goods in the online store and the
order are indicated in euros, including VAT.
5.4. The Buyer shall pay for the goods using one of
the following methods:
5.4.1. payment using e-banking means – it is an
advance payment using the e-banking system of the Buyer. In such case liability
for security of the data falls upon the respective bank, since all monetary
transactions take place through the e-banking system of the bank;
5.4.2. Payment by bank transfer – it is an
advance payment when the Buyer transfers money to the bank account of the
online store;
5.4.3. Payment using “Paysera” – is an advance
payment using the “Paysera” e-payment system;
5.4.4. Payment by debit/credit card.
5.5. The Buyer undertakes to immediately pay for the
goods. The goods selected by the Buyer are reserved and the Seller undertakes
to fulfil the sale agreement only after receiving a notification from the Buyer’s
bank about the completed payment for the selected goods.
6. Delivery of goods
6.1. If the Buyer has chosen a delivery service during
the order, he/she undertakes to indicate the exact place of delivery of the
goods.
6.2. The Buyer undertakes to accept the goods
personally. In the event that the Buyer cannot accept the goods personally, and
the goods are delivered to the indicated address, the Buyer has no right to
make claims to the Seller regarding delivery of the goods to the wrong entity.
6.3. The goods are delivered by the Seller or the
Seller’s authorized representative (courier).
6.4. Delivery is made in the territory of the European
Union. The shipping fee is calculated automatically in the online store. Goods
may be picked up free of charge at UAB “Impekahome”, at: Gamyklos str. 34,
LT-89104 Mažeikiai.
6.5. The Seller shall deliver the goods to the Buyer
in accordance with the terms established in the order form. Such deadlines are
preliminary and do not apply in cases when the Seller does not have the
necessary goods in stock and the Buyer is informed of the shortage of the
ordered goods. The Buyer also agrees that the delivery of the goods may be
delayed in exceptional cases, due to unforeseen circumstances beyond the
control of the Seller. In such case, the Seller undertakes to immediately
inform the Buyer and coordinate the terms for delivery of the goods.
6.6. In all cases, the Seller is released from
responsibility for missing the deadline for delivery of the goods, if the goods
are not delivered to the Buyer or are delivered late due to the fault of the
Buyer or due to circumstances beyond the control of the Seller.
6.7. The Buyer must in all cases immediately inform
the Seller if the package is delivered in battered or otherwise damaged
packaging, if the package contains unordered goods or the wrong quantity of
goods, incomplete set.
6.8. In all cases, if the Buyer notices any damage to
the package during delivery, the Buyer must indicate comments in the package
delivery document provided by the courier or draw up a separate document
regarding such damage. The Buyer must do this in the presence of the courier.
If such actions are not taken, the Seller is released from liability towards
the Buyer for goods damaged due to packaging damage, which the Buyer failed to
indicate in the courier’s delivery document.
7. Quality of goods, guarantees
7.1. Data of all goods sold in the online store are
indicated in the description of each type of goods.
7.2. The Seller shall not be responsible for the fact
that the colour, shape or other parameters of the goods in the online store may
not correspond to the actual size, shape and colour of the goods due to the
characteristics of the display used by the Buyer.
7.3. The Seller shall provide the goods with a quality
warranty indicated by the manufacturer. A 12-month warranty applies to the
mechanical parts and fixings of all goods.
7.4. In the event of suspicion regarding inadequate
quality of the goods, it is necessary to contact the Seller by email at labas@impekahome.lt or come to UAB
“Impekahome”, address: Gamyklos str. 34, LT-89104 Mažeikiai.
7.5. When
quality goods are returned by the Buyer, the following conditions must be
complied with:
7.5.1.
returned goods must be in their original packaging, which must be in good
condition;
7.5.2.
the goods may not be damaged by the Buyer;
7.5.3.
the goods must be unused, retain good merchandise appearance (intact labels ,
protective film not torn off, etc.);
7.5.4.
the returned goods must be in the same set as the one received by the Buyer;
7.5.5.
when goods are returned, it is necessary to submit proof of purchase and fill
out the return document.
7.6. Claims regarding the quality of the goods shall
not be accepted if it is determined that the goods have been sustained
mechanical or chemical damage, were incorrectly installed or the manufacturer’s
recommendations have not been followed.
7.7. If the Seller does not provide a quality
guarantee for certain types of goods, the guarantee established in relevant
legal acts shall apply.
8. Return and exchange of goods
8.1. According to the provisions of Art. 6.22810
of the Civil Code, a consumer has the right to withdraw from agreements
concluded online without giving a reason (with the exception of the exceptions
established in par. 2 of this article). Goods made according to an individual
order of the Buyer cannot be returned. In all cases, money for returned goods
is transferred only to the bank account of the payer.
8.2. The Buyer can return goods according to clause
8.1 of the Terms within 14 (fourteen) working days from the date of delivery of
the goods to the Buyer, by informing the Seller using the means of
communication specified in the Contacts section, indicating the name of the
returned goods and the order number.
8.3. When goods are returned by the Buyer, the
following conditions must be complied with:
8.3.1. returned goods must be in their original
packaging, which must be in good condition;
8.3.2. the goods may not be damaged by the Buyer;
8.3.3. the goods must be unused, retain good
merchandise appearance (intact labels , protective film not torn off, etc.)
(this clause is not applicable in case of returning defective goods);
8.3.4. the returned goods must be in the same set
as the one received by the Buyer;
8.3.5. it is necessary to submit proof of
purchase when goods are returned.
8.4. The Seller has the right not to accept the goods
returned by the Buyer if the Buyer does not comply with the procedure for
returning goods indicated in clause 8.3.
8.5. If wrong goods and/or goods of inadequate quality
are returned, the Seller undertakes to take back such goods and replace them
with similar suitable products.
8.6. In the event that the Seller does not have goods
suitable for replacement, the amount paid is returned to the Buyer.
9. Liability of the Buyer and the Seller
9.1. The Buyer is fully responsible for the
correctness of the personal data provided by the Buyer. If inaccurate personal
data is provided in the registration form by the Buyer, the Seller shall not be
liable for the resulting consequences and shall acquire the right to demand
compensation for the direct losses incurred from the Buyer.
9.2. The Buyer is responsible for the actions
performed using this online store.
9.3. After registration, the Buyer shall be liable for
transferring his/her login data to third parties. If the services provided in
the online store are used by third parties, who connected to the online store
using the Buyer’s login data, the Seller considers such a person to be the
Buyer.
9.4. The Seller shall not assume any liability in
cases when losses arise due to the fact that the Buyer, regardless of the
Seller’s recommendations and the Buyer’s obligations, failed to familiarize
with these Terms, although he/she was given opportunity to do so.
9.5. If the online store of the Seller contains links
to the websites of other companies, institutions, organizations or individuals,
the Seller shall not be liable for the information contained or activities
carried out there, it does not supervise or control those websites and does not
represent such companies and individuals.
9.6. In the event of damage, the guilty Party shall
compensate the direct losses incurred by the other Party.
10. Marketing and information
10.1. The Seller may initiate various promotions in
the online store at its own discretion.
10.2. The seller has the right to unilaterally,
without separate notice, change the terms of the promotions, as well as to
cancel them. Any change or cancellation of the terms and conditions of the
promotions is valid only prospectively, i.e. from the moment of the performance
thereof.
10.3. The Seller shall send all notices using the
means of communication specified in the Buyer’s registration form.
10.4. The Buyer shall sends all messages and questions
to the Seller’s email address or telephone specified in the Contacts section of
the online store.
10.5. The Seller shall not be liable if the Buyer does
not receive the sent informational or confirmation notices due to disruptions
in the Internet connection, networks of email service providers.
11. Final provisions
11.1. These Terms of purchase and sale of goods are
concluded in accordance with the laws and legal acts of the Republic of
Lithuania.
11.2. All disputes arising from the implementation of
such Terms shall be resolved by means of negotiation. If an amicable solution
is not found, disputes shall be settled in accordance to the procedure
established by the laws of the Republic of Lithuanian.
11.3. Consumer
disputes are resolved out of court by the State Consumer Rights Protection
Service, registered office address: Vilniaus str. 25, LT-01402 Vilnius,
Lithuania, www.vvtat.lt
11.4. The Buyer may submit applications or complaints
on the electronic consumer dispute resolution platform: http://ec.europa.eu/odr/