Sales-purchase terms of the e-shop Svajingai.lt
1. General provisions
1.1. The following sales-purchase terms (hereinafter “Terms”) become a compulsory legal document for the parties after the buyer confirms these terms (i.e. after the buyer checks the box that he agrees with Svajingai.lt Terms and conditions when purchasing the goods). These terms describe rights and responsibilities of the person purchasing the goods in the e-shop Svajingai.lt (hereinafter “Buyer”) and MB “Svajingai.lt” (hereinafter “Seller”), terms for the purchase and payment for the goods, terms for the delivery and return of the goods, parties’ liabilities and other terms and conditions related to the sales-purchase of goods in the e-shop Svajingai.lt.
1.2. Together with the order for the goods provided by the Buyer, these Terms become an agreement concluded between the Buyer and the Seller. The agreement is deemed to be concluded once the Buyer forms and submits in the e-shop Svajingai.lt an order for the goods, makes the payment in the way and within the period stated in the Terms and receives via e-mail the Seller’s confirmation that the Buyer’s order and the payment have been received (i.e. once all the stated actions are performed).
1.2. The Seller retains the right to modify, amend or supplement these Terms at any time, in order to satisfy the requirements of the relevant legal acts.
2.1. Any information that is related to the personal data and that is registered in the e-shop Svajingai.lt will be used only for the purpose of performing the order provided by the Buyer. These data will not be disclosed to third parties, except for the cases when this is required by the Law of the Republic of Lithuania on the legal protection of the personal data (Lietuvos Respublikos asmens duomenų teisinės apsaugos įstatymas).
2.2. The Buyer, when registering in the e-shop Svajingai.lt and ordering the goods, undertakes to safeguard and not to disclose to anyone his sign-in information. Also, the Buyer confirms that he is an adult and has a right to order goods in the e-shop Svajingai.lt.
2.3. When the Buyer wishes to receive a Seller’s newsletter, he can choose the relevant option during the registration or in the My account section. If the Buyer does not wish to do so, the Seller will not use the personal data of the Buyer for the marketing purposes and will not send the Buyer advertising or information messages, except for the messages that are required for the performance of the order provided by the Buyer.
3. Rights and responsibilities of the Buyer
3.1. The Buyer has a right to purchase goods in the e-shop Svajingai.lt following the conditions stated in the Terms.
3.2. The Buyer has a responsibility to pay for the goods and accept the goods following the conditions stated in the Terms.
3.3. Following the Order of the Minister of Economy of the Republic of Lithuania „Confirming the rules of the return and exchange of goods“ dated 29 June 2001 (LR Ūkio Ministro 2001/06/29 d. įsakymas „Dėl daiktų grąžinimo ir keitimo taisyklių patvirtinimo“), if the Buyer purchases a faulty good and its deficiency is not discussed by the Seller with the Buyer, the Buyer has a right to require from the Seller one of the following: to exchange a faulty good for a good quality good; to decrease the price of the good accordingly; to eliminate the deficiency of the good within a reasonable period of time for free; to compensate the costs for the elimination of the deficiency of the good; to terminate the sales-purchase agreement unilaterally and to require to return the money paid for the good. The Buyer has to provide a written requirement to the Seller to the following e-mail address: firstname.lastname@example.org. The Buyer has to state the deficiency of the good, the order number and the chosen action of rectification. If the Seller proves that good‘s deficiency is a result of the inappropriate use or storage by the Buyer, such good is not exchanged, deficiency is not eliminated for free and money is not returned.
3.4. Following the Order of the Minister of Economy of the Republic of Lithuania „Confirming the rules of the return and exchange of goods“ dated 29 June 2001 (LR Ūkio Ministro 2001/06/29 d. įsakymas „Dėl daiktų grąžinimo ir keitimo taisyklių patvirtinimo“), if the Buyer does not like the form, size, colour, model or content of the good, he has a right to exchange the good for a similar good within 14 days after the sales date. If the Seller does not have a similar good for the exchange, the Buyer has a right to return the good to the Seller within 14 days after the sales date and to receive back the money paid for the good. The Buyer has to provide a written requirement to the Seller to the following e-mail address: email@example.com. The Buyer has to state the order number and his requirement. The Buyer can only use his right if the good is not used, is not broken and remains the original appearance.
3.5. Other rights of the Buyer are in line with the Order of the Minister of Economy of the Republic of Lithuania „Confirming the rules of the sales of goods and provision of services when the agreements are concluded using the media means“ dated 17 August 2001 (LR Ūkio Ministro 2001/08/17 d. įsakymas „Dėl daiktų pardavimo ir paslaugų teikimo, kai sutartys sudaromos naudojant ryšio priemones, taisyklių patvirtinimo“).
4. Rights and responsibilities of the Seller
4.1. The Seller has a responsibility to deliver the ordered goods following the conditions stated in the Terms.
4.2. The Seller, not having the possibility to deliver the ordered good to the Buyer due to the serious reasons, has a responsibility to offer to the Buyer the similar good or the good with the utmost similar characteristics. If the Buyer does not agree to accept the similar good or the good with the utmost similar characteristics, the Seller has a responsibility to return to the Buyer the money paid for the good within 5 working days (if the prepayment was made).
4.3. If the Buyer attempts to cause harm to the work stability or security of the e-shop or violates his responsibilities, the Seller has a right to limit or terminate the Buyer‘s ability to use the e-shop immediately and without a warning, or in the exceptional circumstances to eliminate the Buyer‘s registration.
4.4. If the Buyer does not pay for the goods within 2 working days, the Seller has a right to terminate the Buyer‘s order without a warning.
5. Prices for the goods, payment terms and conditions
5.1. Prices for the goods in the e-shop and in the formed order are stated in EUR, including VAT. Delivery cost for the goods is stated separately.
5.2. The Seller has a responsibility to sell the goods to the Buyer for the price, stated in the e-shop Svajingai.lt at the moment when the order is provided, i.e. at the moment when the Buyer pushes the button “Complete order” in the order form.
5.3. The Buyer can pay for the goods using one of the following methods:
5.3.1. Bank transfer – this is a method of prepayment when the Buyer, after having received from the Seller via e-mail the payment details, transfers the money to MB „Svajingai.lt“ bank account. The Buyer covers all the bank fees applied for this transfer.
5.3.2. VISA/MASTERCARD/MAESTRO – the Buyer can use his VISA, MASTERCARD or MAESTRO credit card to pay for the goods. The Buyer will be redirected to electronic payments system www.paysera.com website where he will be able to make the payment following the online instructions. The card issuers’ bank might charge some fee for this transfer.
5.3.3. Paysera account - this method of payment can be used to transfer money to the Sellers account if the Buyer has an account at www.paysera.com electronic payments system (also known as www.mokejimai.lt). When using this payment method, 1% of the paid amount is returned to the Buyers’ account at www.paysera.com. There are no fees or charges applied for transferring money this way.
5.3.4. Internet banking (for the Baltic States and several other EU countries) – at the moment it is possible to make a payment through the following banks’ internet banking sites: Swedbank (Lithuania, Latvia, Estonia), SEB (Lithuania, Latvia, Estonia), DNB (Lithuania), Danske Bank (Lithuania, Estonia), Nordea (Lithuania, Latvia), Citadele (Lithuania, Latvia), Šiaulių bankas (Lithuania), Medicinos bankas (Lithuania), several banks of the Czech Republic, Poland, Slovakia, Belgium, Austria and Netherlands. The Buyer will be redirected to electronic payments system www.paysera.com website where he will be able to make the payment following the online instructions.
5.3.5. International WebMoney system – this method of payment can be used if the Buyer has an account at WebMoney electronic payments system. The Buyer will be redirected to www.paysera.com website to transfer his WebMoney money to the Sellers account.
5.3.6. Payment by gift voucher – this payment method can be used when the Buyer has purchased a gift voucher in the e-shop Svajingai.lt, gift voucher has not expired and there is an outstanding positive balance that can be used. Gift vouchers are sold in the nominations of 15 EUR, 30 EUR and 60 EUR, and they are sent to the Buyer via e-mail. Each gift voucher is given a unique code that must be entered when filling-in the order form. The outstanding gift voucher amount can be used during as many purchases as the Buyer wishes. Gift vouchers are valid for 6 months from the purchase date.
5.4. Only having received the payment for the goods, the parcel is formed and the delivery term’s count is started.
5.5. For the European Union (except Lithuania) companies, which are registered as VAT payers and provide a valid correct VAT number in the order form, goods are sold applying 0% VAT rate.
6. Delivery of goods
6.1. The Buyer, when ordering goods, has a responsibility to state a delivery address and a contact telephone number.
6.2. The Buyer has a responsibility to accept goods in person. When it is the case that the Buyer cannot accept the goods in person, and the goods are delivered to the stated address and in accordance with other data provided by the Buyer, the Buyer does not have a right to accuse the Seller for the delivery of goods to the incorrect person.
6.3. The terms for the delivery of goods in Lithuania and to the European Union countries are stated in the clauses 6.4.-6.5. of the Terms. All the conditions for the delivery of goods to other countries have to be negotiated separately via e-mail firstname.lastname@example.org.
6.4. Taking into consideration the Buyer‘s wish, the goods in Lithuania, Latvia and Estonia are delivered using the services of the courier company UAB Venipak Lt or AB Lietuvos paštas. Goods to the remaining countries of the European Union are delivered using the services of AB Lietuvos paštas.
6.5. When the goods are delivered using the services of AB Lietuvos paštas, goods are delivered within terms stated by AB Lietuvos paštas: up to 5 working days in Lithuania and up to 7 working days to the European Union countries. When the goods are delivered using the services of the courier company, goods are delivered within terms stated by UAB Venipak Lt: up to 2 working days in Lithuania, within 2-3 working days to Latvia and within 3-4 working days to Estonia. These terms do not apply when the Seller does not have in stock the required goods and the Buyer is informed about the shortage of the ordered goods. The Buyer agrees that in exceptional circumstances the delivery of the goods can be delayed due to unforseen circumstances that cannot be controlled by the Seller. When such circumstances occur, the Seller has a responsibility to immediately contact the Buyer and agree the goods delivery terms.
6.6. In all circumstances the Seller is not responsible for violation of goods delivery terms if the goods are not delivered or are delivered late to the Buyer due to the Buyer’s fault or due to the circumstances controlled by the Buyer.
6.7. When the goods are delivered using the services of the courier company, the Buyer, together with the representative of the Seller, has to check the condition of the parcel. By signing the invoice (waybill) or another parcel delivery-acceptance document, the Buyer confirms that the parcel is of the appropriate condition. If the Buyer notices that the parcel’s packaging is damaged (creasy, wet or damaged in any other way), the Buyer has to state this fact in the invoice (waybill) or another parcel delivery-acceptance document, and to write an act of the parcel’s damage in the presence of the representative of the Seller. If the Buyer does not act this way, the Seller is not responsible for the damages of the goods, if such damages are caused by the damaged packaging, and this is not stated by the Buyer in the way described above.
6.8. In the cases when the Buyer terminates the sales-purchase agreement following the circumstances stated in the clauses 3.3.-3.5. of the Terms, he is not compensated the goods delivery costs. These costs are deducted from the amount of money paid by the Buyer and to be returned by the Seller.
6.9. In the cases when the Buyer terminates the sales-purchase agreement following the circumstances stated in the clauses 3.3.-3.5. of the Terms, the costs of returning the goods to the Seller are covered by the Buyer.
6.10. Goods delivery costs are calculated taking into account the country of delivery and the chosen delivery method. The goods delivery fee is calculated and stated in the order form.
7. Description of goods
7.1. Description of every good sold in the e-shop Svajingai.lt is stated in every good’s description.
7.2. The Seller is not responsible if the picture of the good on the screen does not fully represent the real colour, form or size of the good.
8.1. The Buyer is completely responsible for providing correct information in the registration form. If the Buyer does not provide the correct information in the registration form, the Seller is not responsible for any possible consequences as a result of that.
8.2. The Buyer is responsible for transfer of his sign in data to third parties. If the third party signs in to Svajingai.lt using the Buyer’s sign in data, the Seller assumes that this person is the Buyer.
8.3. The Seller is not responsible for any losses, which may occur due to the Buyer not getting acquainted with these Terms, although the Seller recommended the Buyer to do so and provided such a possibility, and it was the Buyer’s responsibility to do so.
8.4. If there are links in the Seller’s e-shop to the websites of other companies, organisations or persons, the Seller is not responsible for the information contained in these websites or the activity performed. The Seller does not supervise or control these websites, and does not represent these companies or persons.
8.5. The Buyer should provide all messages to the following e-mail address: email@example.com.
9. Concluding provisions
9.1. These Terms are concluded following the legal acts of the Republic of Lithuania.
9.2. All disputes arising as a result of these Terms should be solved by negotiations. If the agreement is not reached, the disputes should be solved as provided in the legislation of the Republic of Lithuania.