Terms and Conditions of Sale and Purchase of Goods in the Online Shop www.financier.lt
These Terms and Conditions of Sale and Purchase (hereinafter referred to as the Terms and Conditions) set out the mutual rights, obligations and responsibilities of the Parties when the Buyer purchases goods in the electronic shop www.financier.lt (hereinafter referred to as the Shop) of a person who purchases goods (hereinafter referred to as the Buyer) and UAB „Aurita” (hereinafter referred to as the Seller), legal entity code 233087160, registered office address A. Juozapavičiaus pr. 27-7, Kaunas, VAT payer code LT330871610, the data about the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania.
- GENERAL TERMS AND CONDITIONS
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These Terms and Conditions are a legally binding document. Once the Buyer decides to purchase goods from the Shop and meets the requirements set out in the Terms and Conditions, the Terms and Conditions shall become a contract of sale between the Buyer and the Seller.
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The Buyer may purchase goods in the Shop only after having read the Terms and Conditions and having undertaken to comply with them. The Buyer is encouraged to familiarise him/herself with the Terms and Conditions at the time of each purchase. If the Buyer places orders in the Shop, the Buyer shall be deemed to have read, understood, and accepted the Terms and Conditions.
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Before selecting goods, placing an order, or otherwise using the Shop, the Buyer is obliged to familiarize himself/herself with the Privacy Policy of the Shop. If the Buyer places orders, fills out forms in the Shop or otherwise uses the Shop, the Buyer shall be deemed to have read and agreed to the Privacy Policy.
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The Seller has the right to change the Terms and Conditions. Amendments to the Terms and Conditions shall enter into force upon their publication in the Shop. If the Buyer uses the Shop after the publication of the amendments to the Terms and Conditions, the Buyer shall be deemed to have accepted the amendments to the Terms and Conditions.
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The trading activity in the Shop is carried out from the territory of the Republic of Lithuania.
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CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
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The Sales and Purchase Agreement shall be deemed to have been concluded from the moment when the Buyer, in accordance with the Seller’s instructions, selects the desired product in the Shop and forms a shopping cart, specifies the method of picking up the goods and other necessary data, familiarises him/herself with the Terms and Conditions of Sale and/or Purchase Terms and Conditions provided by the Seller, presses the Order / Pay button, makes the payment, and the Seller notifies the confirmation of the order of the Buyer.
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The Sales and Purchase Agreement is concluded for each order placed by the Buyer.
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The Sale and Purchase Agreement shall be deemed to be executed when the goods are handed over to the Buyer in accordance with the procedure set out in the Terms and Conditions and the legislation of the Republic of Lithuania.
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The Seller may not confirm the Buyer’s order for important reasons, e.g. if the Buyer does not meet the Buyer’s eligibility requirements (e.g. age), the Buyer does not fulfil all of the terms of the order, the Seller does not have the goods the Buyer wishes to purchase, the Buyer has not confirmed acceptance of the Terms and Conditions, the Buyer is making bulk purchases in the Seller’s opinion, and/or for other reasons individually specified to the Buyer.
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The concluded Sales and Purchase Agreement is held in the Seller’s database.
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If under the legislation of the Republic of Lithuania, certain goods may only be purchased by persons meeting certain conditions (e.g. age) and, at any time prior to the execution of the Sales and Purchase Agreement, it becomes apparent that the person ordering and/or collecting the goods does not meet such requirements, the goods shall not be transferred to the Buyer. In this case, the Buyer shall be refunded the money paid for the goods, after deduction of the Seller’s delivery costs.
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RIGHTS AND OBLIGATIONS OF THE BUYER
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The Buyer has the right to:
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purchase in the Shop in accordance with the Terms and Conditions, the Seller’s guidelines, and the legislation of the Republic of Lithuania;
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The Buyer-Consumer shall have the right to withdraw from the Sales and Purchase Agreement concluded in the Shop by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in the Civil Code and these Terms and Conditions;
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return and/or replace goods that are not of good quality and/or are not properly assembled, and take advantage of the warranties applicable to the goods;
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to other rights provided for in the Terms and Conditions and/or the legislation of the Republic of Lithuania.
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The Buyer undertakes to:
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pay the price of the goods and their delivery, and any other payments specified at the time of ordering the goods and accept/collect the goods ordered;
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inspect and check the goods when accepting/collecting them, as well as to inform the Seller about any damage to the consignment, clearly visible defects of the goods, inconsistency of the model and the equipment to the Buyer’s order;
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check the quality of the purchased goods and to inform the Seller immediately of any defects in the quality of the goods which could not have been detected at the time of delivery;
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pay the costs of returning the goods, if any, to the Buyer;
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immediately update the information if the Buyer’s data necessary for the delivery of the goods and the performance of the Sales and Purchase Agreement have changed;
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not to disclose to third parties the order number, order documents, Shop password or any other data that would allow a third party to collect the goods for the Buyer without the Buyer’s knowledge and consent;
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not to use the Shop in such a way as to jeopardise the proper functioning, security or integrity of the Shop or to restrict the ability of others to use the Shop;
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comply with other requirements set out in the Terms and Conditions and the legislation of the Republic of Lithuania.
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RIGHTS AND OBLIGATIONS OF THE SELLERS
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The Seller shall have a right to:
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restrict or suspend the Buyer’s access to the Shop without prior notice if the Buyer attempts to interfere with the operation or stable functioning of the Shop and/or breaches his/her obligations. The Seller shall not be liable for any adverse effects on the Buyer caused by such actions;
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limit or prohibit bulk purchases;
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temporarily or permanently discontinue the operation of the Shop, modify the Shop or parts of the Shop, its contents in their entirety or in any way, restrict purchases made therein, change the web address of the Shop, restrict the number of registered Buyers, without prior notice to the Buyer. The Seller shall not be liable for any adverse effects on the Buyer caused by such actions;
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change the Terms and Conditions, prices of goods, conditions of purchase and/or any other instructions relating to the Shop by posting the changes in the Shop.
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The Seller undertakes to:
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transfer/deliver the goods to the Buyer in a timely and proper manner;
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if for important reasons the Seller is unable to deliver the goods to the Buyer, to offer the Buyer an analogous or substantially similar product or, if the Buyer refuses to accept such a product, to reimburse the Buyer for the money paid;
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being unable to deliver the goods to the Buyer, refund the money paid by the Buyer for the missing goods or for the whole order;
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enable the Buyer to use the Shop;
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respect the privacy of the Buyer and protect the confidentiality of his/her data.
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PRICE OF GOODS AND PAYMENT PROCEDURE
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Prices are quoted in Euro including value added tax. The Goods shall be sold to the Buyer at the prices valid in the Shop at the time of placing the order. The specific price of the goods and the amount payable shall be shown to the Buyer at the time of ordering. If the Buyer does not agree with the price, the Buyer cannot proceed with the order.
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The Seller may set a minimum basket of goods in the Shop, i.e. the minimum amount for which the Buyer must purchase goods. The minimum basket size is shown before the order is placed.
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Unless otherwise specified by the Seller, delivery is chargeable. For delivery charges, see www.financier.lt. The delivery charge for the goods selected by the Buyer shall be shown to the Buyer before the order is confirmed. The amount of the delivery charge remains unchanged after the order is confirmed.
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The Buyer shall pay for the goods using electronic banking, payment card or other payment methods provided by the Seller. The order will not be dispatched until the funds have been paid into the account of the Seller.
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The Buyer must pay for the goods immediately upon ordering. Payment shall be deemed to have been made when the total amount due has been credited to the account of the Seller. If the Buyer fails to make payment on time, the Buyer shall be deemed to have refused to purchase the goods and the Seller shall be entitled to cancel the order of the Buyer without prior notice to the Buyer.
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The order of the Buyer shall only be executed, and the delivery period shall only start after the Seller receives confirmation of the payment of the Buyer.
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The invoice for the goods shall, at the discretion of the Seller, be sent to the Buyer at the email address specified by the Buyer after the order has been placed or the goods have been delivered.
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DELIVERY OF GOODS
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Goods shall be delivered in countries where the logistics operators used by the Seller for delivery operate.
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The Buyer chooses the method of delivery of the goods from the options indicated in the Shop. Goods can be delivered:
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Via Omniva, LP Express (Unisend) and their international partner couriers;
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Via Omniva, LP Express (Unisend), their international partner post offices or post offices;
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In the event that the Seller and the Buyer agree on another method.
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The Seller shall dispatch the goods within 3 working days of receipt of payment for the goods from the Buyer.
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Import taxes may apply when goods are shipped/delivered outside the Republic of Lithuania and/or the EU Customs Union. The Buyer shall be solely responsible for the payment of any taxes in respect of the goods, including, but not limited to, any import duties, customs duties, VAT and other taxes, if applicable.
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Shipping costs are borne by the Buyer, and for purchases of EUR 60 or more – by the Seller.
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The delivery time depends on the country of delivery specified by the Buyer. Delivery usually takes 1-2 days in Lithuania, 2-4 days in the Baltic States, 4-24 days in the European Union and 9-30 days in other countries.
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Delivery information shall be provided to the Buyer by the logistics operator of the choice of the Buyer (Omniva, LP Express (Unisend) or their international partners) by email and/or telephone.
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Where the required goods are not available in the warehouse of the Seller, the Buyer shall be informed immediately of the shortage of the goods ordered. In this case, the Seller undertakes to contact the Buyer immediately to agree on delivery and collection times and other matters.
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The goods shall be delivered to the Buyer at the address specified by the Buyer at the time of purchase or to the Omniva / LP Express (Unisend) post office or post office selected by the Buyer.
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The Buyer undertakes to collect the goods personally or to specify the contact details of the person who will receive the goods in the order. In the event that the Buyer is unable to accept the goods personally and the goods have been transferred on the basis of other data provided by the Buyer, the Buyer shall not be entitled to claim against the Seller for delivery of the goods to the wrong entity.
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If the Buyer does not take delivery of the goods and does not give any other instructions for the delivery of the goods after the Seller has contacted the Buyer, or if the Seller fails to contact the Buyer, the contract of sale shall be deemed terminated. In such a case, the Seller shall refund to the Buyer the money paid by the Buyer for the goods.
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Upon receipt of the goods, the Buyer must check the condition of the consignment, the quantity, quality and range of goods. If damage to the packaging of the consignment is detected, but no discrepancy in the quantity, quality or assortment of the goods is detected, the Buyer is obliged to note the damage to the packaging of the consignment on the delivery confirmation or on the forms provided by the person who delivered the consignment. In such a case, the goods are deemed to have been delivered in damaged packaging, but the quantity, quality and range of the goods are in accordance with the terms of the Sales and Purchase Agreement, and the delivery is deemed to have been properly made.
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In the event of any discrepancy in the quality, quantity and/or range of the goods, the Buyer may refuse to accept such goods. The Buyer must note the refusal to accept the goods and the irregularities found on the delivery confirmation and/or on the forms provided by the person who delivered the parcel.
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The acceptance by the Buyer of the consignment without any comments shall be deemed to mean that the goods have been delivered in the undamaged packaging of the consignment, and that the quantity, quality and assortment of the goods are in accordance with the terms and conditions of the Sales and Purchase Agreement.
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The Buyer may be asked to provide proof of identity at the time of delivery of the goods, as well as the order information sent by the Seller to the Buyer.
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If the goods are not delivered on time, the Buyer shall inform the Seller immediately, but not later than within 1 day. Otherwise, the Buyer shall not be able to claim against the Seller for late delivery.
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The Seller shall be exempted from liability for breach of the time limits for delivery of the goods if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the control of the Buyer. Goods returned to the Seller for such reasons will not be re-sent to the Buyer until the Buyer has paid the additional delivery costs.
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QUALITY OF THE GOODS
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The characteristics of the goods for sale are generally set out in the description of each good. The colour, shape or other parameters of the goods in the Shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the electronic devices used by the Buyer or other technical reasons, as well as to reasonably possible differences in appearance.
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In cases where a certain shelf life is specified for particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a realistic opportunity to make use of the goods before the expiry of their shelf life.
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THE RIGHT TO WITHDRAW. RETURN OF GOODS
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The requirement of the Buyer to replace the purchased goods of adequate quality with similar goods or to refund the money paid, for the reasons referred to in Article 6.362 of the Civil Code, may only be satisfied if the Seller agrees, after the purchase of the goods specified in the “Retail Trade Rules” approved by the Resolution No 697 of the Government of the Republic of Lithuania as of 11 June 2001.
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The buyer-consumer shall have the right to withdraw from an off-site distance contract within 14 days of receipt of the goods by the buyer or a person designated by the buyer (other than the carrier), without giving any reason whatsoever, if the Buyer purchases several goods under one agreement, the right of withdrawal shall apply to all or part of them.
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In order to exercise the right to withdraw from the Purchase and Sale Agreement, the Buyer must notify the Seller of his/her decision by sending an unambiguous statement to the Seller by email: kvepalai@financier.lt and provide the documents confirming the purchase of the goods (invoice, receipt, etc). In order to comply with the withdrawal period, it shall be sufficient for the Buyer to send a notification of the exercise of his/her right to withdraw from the contract of sale before the expiry of the withdrawal period.
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Upon giving written notice of withdrawal and other information specified by the Seller, the Buyer shall, without delay and not later than 14 days from the date of giving such notice to the Seller, dispatch/transfer the goods to the Seller. The Buyer may deliver the goods him/herself to the Seller at the address A. Juozapavičiaus Ave. 27-7, Kaunas or use parcel delivery services.
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It is the responsibility of the Buyer to ensure that the goods are properly packed for return. The Buyer bears the direct costs of returning the goods.
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The Buyer shall be refunded for the returned goods, including delivery costs, no later than 14 days after the notification of withdrawal by the Buyer. The 14-day period may be extended until the goods have been returned to the Seller. The money shall be refunded to the Buyer by the same method of payment used by the Buyer to pay the Seller, unless the Parties expressly agree on a different method.
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The Seller shall not be deemed to be in breach of the refund conditions if the Seller is unable to transfer the money due to the fault of the Buyer (delay in returning the goods, failure to provide information on the dispatch of the goods, inaccurate data, etc.).
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In cases other than withdrawal, if the Buyer does not like the shape, size, colour, model or completeness of the goods, the Buyer shall have the right to replace them with an equivalent product within 14 days from the date of the sale of the non-food goods, if the Seller has not set a longer time limit. If the Seller does not have a replacement product, the Buyer has the right to return the product to the Seller and get a refund. Certain quality goods, as well as services properly provided, cannot be returned. Non-exchangeable and non-returnable goods are set out in the “Retail Trade Rules”, approved by the Resolution No 697 of the Government of the Republic of Lithuania as of 11 June 2001.
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In the case of the sale of low-quality goods, the Buyer can ask for a replacement of the low-quality goods, a reduction in the price of the goods, the return of the goods and a refund of the money paid for them. Replacement and return of low-quality goods shall be carried out in accordance with the procedures set out in these Terms and Conditions and in accordance with the legislation of the Republic of Lithuania. Low-quality goods shall be returned at the expense of the Seller.
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When returning the goods, the following conditions must be complied with: the goods must be in their original packaging; the goods must not have been damaged by the Buyer; the goods must not have been used or attempted to be used; and the goods must be in good condition, i.e., the labels must be intact, the protective film must not have been removed etc. (this clause does not apply in the case of the return of low-quality goods); the goods must be in the same condition as received by the Buyer; when returning the goods, it is necessary to present the invoice or receipt confirming the purchase of the goods, and to fill in the application for return of goods.
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If the returned goods are used or attempted to be used, are not complete, are damaged, out of order and/or improperly packaged, the Seller shall have the right not to accept the returned goods and not to refund the money paid by the Buyer for the returned goods.
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Before returning or exchanging low-quality goods, as well as in cases where high-quality goods are returned for reasons other than cancellation, the Buyer-Consumer shall contact the Seller at the email address provided by the Seller, kvepalai@financier.lt, and agree on the terms and conditions for returning or exchanging goods.
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- LIABILITY OF THE PARTIES
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The Seller shall be exempted from liability in cases where the loss is due to the failure of the Buyer to read the Terms and Conditions and/or the Conditions of Sale and Purchase, without taking into account the recommendations of the Seller and its obligations, although the Buyer was given the opportunity to do so.
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In the event of damage, the party at fault shall indemnify the other party against direct damages, unless otherwise provided by law.
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The Seller shall not be liable for non-performance of the Purchase Contract and/or non-delivery or late delivery of the Goods if this is due to the fault of third parties or to circumstances beyond the Seller’s reasonable control and foreseeable at the time of the conclusion of the Sales and Purchase Agreement, and the Seller could not have prevented the occurrence of such circumstances or their consequences (force majeure circumstances). If the circumstances referred to above persist for more than 2 months, the parties may, by mutual agreement, terminate the Sales and Purchase Agreement.
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FINAL PROVISIONS
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The Shop contain the following information: The Terms and Conditions, information about the Seller, the goods offered and their characteristics, the procedure for exercising the right of the Buyer to withdraw from the Sales and Purchase Agreement, the servicing of the goods by the Seller and the warranties, etc. shall be deemed to be provided to the Buyer in writing.
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The Law of the Republic of Lithuania shall apply to the Terms and Conditions and the Sales and Purchase Agreement between the Buyer and the Seller.
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The Seller may at any time assign its rights and obligations under these Terms and Conditions to third parties without the consent of the Buyer and without notice to the Buyer.
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Any disagreement between the Buyer and the Seller regarding the Terms and Conditions shall be settled by negotiation. If the parties fail to resolve their dispute by negotiation, the dispute shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
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The Buyer-Consumer may submit a request and/or a complaint regarding the goods or services purchased in the Shop to the State Consumer Rights Protection Service (Vilniaus Str. 25, 01402 Vilnius, phone 8 5 262 67 51, fax 8 5 279 1466, email tarnyba@vvtat.lt, on the website www.vvtat.lt, jits territorial units in the districts) or by filling in the application form on the Electronic Consumer Dispute Resolution Platform, available at http://ec.europa.eu/odr/, but the Buyer must first contact the Seller in accordance with applicable law. This clause does not apply to Business Buyers.
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These Terms and Conditions were updated on 21 May 2024.
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