RULES OF SALE AND PURCHASE OF GOODS
I. GENERAL PROVISIONS
1. These Rules of Sale and Purchase of Goods (hereinafter referred to as the Rules) establish the general rules for sale and purchase in in the e-shop www.latteloft.com (hereinafter referred to as e-shop) of UAB “Vildingo prekyba”, legal entity code 301142685, registered office address: Stirnų Str. 21-9, LT-08101 Vilnius, Lithuania, e-mail: firstname.lastname@example.org, tel. +370 659 11156 (hereinafter also referred to as the Company).
2. The Rules apply when the Buyer selects, orders and buys the goods offered by the e-shop or in any other way uses the services provided by the Company and available in the e-shop.
3. The Buyer in these Rules is any person who purchases in the e-shop or uses other e-shop services (hereinafter referred to as the Buyer). The Seller in these Rules is the Company (hereinafter referred to as the Seller).
4. Capable natural persons (upon reaching the age of 18 or emancipated natural persons, whose legal capacity is not restricted in accordance with the procedure established by legal acts) and legal entities have the right to use and acquire goods in the e-shop.
5. By placing an order, the Buyer unconditionally confirms that he meets the requirements set for the Buyer in these Rules.
II. GOODS SOLD IN THE E-SHOP
6. The goods offered in the e-shop meet all the quality requirements for the relevant category of goods.
7. The goods are certified with a CE certificate and must be used only in those countries that have approved this standard. By using the product elsewhere, the Buyer fully assumes the risks and responsibilities associated with such use of the product.
8. All goods sold in the e-shop must be used in accordance with their instructions for use. The Buyer assumes the risk and responsibility for any consequences arising from the use of the goods without following the instructions, including but not limited to product defects, damage to the Buyer’s and/or third parties’ property, etc.
9. Instructions for use of each product shall be provided to the Buyer together with the product. If the instructions for use are not delivered to the Buyer together with the product, the Buyer must contact the Seller at the e-mail address email@example.com and the Seller undertakes to send the Buyer the instructions for use of the ordered product. If the Buyer, without receiving instructions for use of the product, does not inform the Seller and starts using the product without instructions, the Buyer assumes the risk and responsibility for any consequences of using the product without following the instructions, including but not limited to product defects, damage to the Buyer and/or third parties.
III. CONCLUSION OF A SALE AND PURCHASE AGREEMENT
10. When placing an order in the e-shop, the Buyer selects the product, product colour, modification, quantity from the offered product range and adds it to the shopping cart, then follows the Website instructions and enters his data (name, surname, legal entity name, address, e-mail address), enters comments on the order, if any, selects the payment method and makes the payment for the order.
11. After the Buyer completes the order formation and pays for it, the Seller sends an order confirmation to the e-mail address specified by the Buyer and the order starts to be executed.
12. Together with the order of goods submitted by the Buyer, these Rules become an agreement concluded between the Buyer and the Intermediary and are a legal document binding on both Parties.
13. The sale and purchase agreement shall be deemed concluded between the Buyer and the Seller from the moment when the Seller confirms the Buyer’s order.
IV. RIGHTS AND OBLIGATIONS OF THE BUYER
17. The Buyer has the right to purchase goods in the e-shop in accordance with these Rules.
18. The Buyer has the right to withdraw from the sale and purchase agreement, if it has not been started, by informing the Seller in writing about the withdrawal from the sale and purchase agreement by e-mail: firstname.lastname@example.org.
19. The Buyer has the right to return the purchased product to the Seller, if the product has not been used, its appearance has not changed, the product is not damaged, the original packaging of the product is preserved and it is not damaged.
20. The Buyer has the right to withdraw from the sale and purchase agreement concluded with the Company’s e-shop by notifying the Seller in writing to the e-mail address: email@example.com, indicating the product to be returned and its order number, attaching the VAT invoice issued by the Seller, not later than within 14 (fourteen) calendar days from the date of delivery of the goods.
21. The Buyer must accept the goods delivered to him at the address specified in the Buyer’s order.
22. The Buyer undertakes to take responsibility for the transfer of the login details of the e-mail address specified in his order to third parties, if such transfer will impair the smooth execution of the order. In case of disclosure of the Buyer’s e-mail login details to a third party, the Buyer must immediately inform the Seller by phone and post: Stirnų Str. 21-9, LT-08101 Vilnius, Lithuania, and indicate another secure contact e-mail address. Without informing the Seller, the Buyer is responsible for any actions of third parties taken using the Buyer’s e-mail address.
23. If the data provided in the order changes, the Buyer must immediately inform the Seller in writing about any change in the data to the Seller’s e-mail address: firstname.lastname@example.org, and (or) by sending a letter to the Seller’s address: Stirnų Str. 21-9, LT-08101 Vilnius, Lithuania.
24. When ordering the goods, the Buyer undertakes to indicate the correct place of delivery of the goods and other data necessary for the delivery of the goods.
V. RIGHTS AND OBLIGATIONS OF THE SELLER
25. If the Buyer seeks to damage the stability and security of the e-shop or violates its obligations, the Seller has the right to immediately and without prior notice restrict or suspend the Buyer’s access to the e-shop or in exceptional cases suspend or terminate the Buyer’s order.
26. The Seller has the right to temporarily or indefinitely terminate the activities of the e-shop without giving a separate notice.
27. The Seller has the right to extend the term of delivery of the goods if the goods are delayed due to circumstances beyond the control of the Seller (for example, the manufacturer of the goods delays production of the ordered goods, the logistics company delays delivery of the goods, etc.).
28. The Seller undertakes to make available to the Buyer the services provided by the e-shop in accordance with the terms and conditions set forth in these Rules and the e-shop.
29. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer in accordance with the procedure established in these Rules.
30. The Seller, being unable to deliver the ordered goods to the Buyer due to important circumstances, undertakes to offer the same or similar product. If the Buyer refuses to accept the same or similar product, the Seller undertakes to return the money paid by the Buyer within 5 (five) business days.
VI. PRICE OF THE GOODS AND PAYMENT PROCEDURE
32. Prices of goods in the e-shop and in the formed order are indicated in euros with value added tax (VAT).
33. The Buyer has the right to choose one of the following payment methods for the order:
33.1. Payment card,
33.2. Paypal system,
33.3. Bank transfer.
34. Upon receipt of the confirmation that the payment for the order has been received, the Seller shall immediately, but not later than on the next business day, send the order confirmation to the e-mail address specified by the Buyer and start executing the order.
35. After choosing to pay for the order by bank transfer, the Buyer transfers the money to the Seller’s bank account in the usual way. The Buyer must indicate the order number and his e-mail address specified in the Buyer’s order in the purpose of payment. The Seller’s bank account details are provided in the “Contacts” section of the e-shop. The Buyer, having chosen this payment method, must pay for the order no later than within 5 (five) business days from the date of order confirmation, otherwise the Seller has the right to unilaterally cancel the confirmed order without giving a separate notice.
36. By placing an order, the Buyer agrees that the purchase documents of the goods – VAT invoices, would be submitted to him electronically to the e-mail address specified in the Buyer’s order.
VII. DELIVERY OF GOODS
37. Goods ordered in the e-shop are delivered to the Buyer via the courier service chosen by the Seller (usually – DHL or Fedex).
38. The delivery fee is EUR 20 (twenty euros). When the amount of the goods order exceeds EUR 300 (three hundred euros), the goods are delivered to the Buyer free of charge.
39. In cases where the ordered goods are subject to customs duties or other taxes or charges established by the laws of the Buyer’s country, these duties, taxes and fees shall be paid by the Buyer, and the Seller shall not be liable for this obligation of the Buyer.
40. The Buyer is responsible for indicating the exact delivery address of the goods in the order formed for the Seller in the e-shop.
41. Goods shall be sent to the Buyer only when the Buyer has fully paid for the sent goods and delivery service.
42. The time of delivery of the goods depends on the ordered goods selected by the Buyer in the e-shop.
43. Some of the goods offered in the e-shop are stored in the warehouses of the Seller (or the Seller’s partners). If the description of a specific product does not include information about the balance of the product or the stage of production, it means that the product is in stock. The average delivery time for these goods is up to 7 (seven) days from the date of order confirmation.
44. Other goods offered in the e-shop are manufactured upon receipt of the Buyer’s order. This information shall be given in the description of the goods referred to this category, as well as the estimated time of manufacture. The delivery term of these goods starts from the day of production of the goods and takes up to 7 (seven) days from the date of production of the goods.
45. If the Buyer orders both goods in stock and manufactured goods, they may be delivered together, and delivery term for all ordered goods shall be calculated according to the delivery terms of manufactured goods.
46. The Buyer undertakes to accept the goods individually. If the Buyer cannot accept the goods individually and the goods are delivered to the address specified in the Buyer’s order and based on other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding delivery of goods to the wrong subject.
47. The Seller shall deliver the goods to the Buyer in accordance with the terms specified in the descriptions of the goods. These terms are preliminary and do not apply in cases when the Seller does not have the required goods in stock and the Buyer is informed about the shortage of the goods ordered by him. At the same time, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. If the delivery time of the Goods is delayed for more than two weeks, the Seller undertakes to contact the Buyer immediately and agree on the terms of delivery of the goods.
48. In all cases, the Seller shall not be held liable for violation of the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time through the fault of the Buyer or due to circumstances beyond the Buyer’s control.
49. At the time of delivery of the goods to the Buyer, the Buyer must together with the authorized representative of the courier service selected by the Seller check the condition of the package and goods and sign the delivery-acceptance document. After the Buyer signs the delivery-acceptance document, it is considered that the goods have been delivered in proper condition; there are no violations of the goods, the cause of which is attributable to non-factory defects, and no discrepancies (to be detected during external inspection of the goods). Noticing that the packaging of the delivered goods is damaged (crumpled, wet or otherwise externally damaged), the goods are damaged and/or the goods are not properly completed, the Buyer must note this in the delivery-acceptance document and, in the presence of the Seller or his representative, draw up a report on damage / non-conformity of the goods and/or package. If the Buyer fails to take these actions, the Seller is released from liability to the Buyer for damage to the goods, if the cause of such damage is not a factory defect and due to discrepancies in the completeness of goods, if these discrepancies can be identified during external inspection.
VIII. QUALITY OF GOODS
50. The characteristics of all goods sold in the e-shop shall be indicated in general in the product description attached to each product.
51. The seller is not responsible for the fact that the goods in the e-shop may not correspond to the actual size, shape, colour or other parameters of the goods in their size, shape, colour or other parameters. The goods, shape or other parameters of the goods in the e-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 reasonable discrepancies in appearance.
52. The Seller provides a warranty of the quality of the goods valid for a certain period of time, counting from the date of concluding the sale and purchase agreement.
53. If the Seller does not provide a quality warranty for certain goods, the warranty provided for in the relevant legal acts shall apply.
54. The warranty is not provided if the document confirming the purchase is not submitted.
55. The warranty does not apply and is not considered a warranty case:
55.1. When the product has been used in violation of the operating conditions provided for in the instructions for use of the product;
55.2. When the product is mechanically damaged;
55.3. When the fault is due to excessive voltage or its surges;
55.4. When the goods have not been used for their intended purpose;
55.5. When the failures are caused by natural disasters (lightning, flood, fire, etc.);
55.6. When the components used do not meet the requirements (current, drill diameter, etc.);
55.7. When the product has been repaired in service centres not authorised by the manufacturer;
55.8. When the goods have been dismantled or otherwise affected;
55.9. When the product is installed by a non-qualified electrical specialist;
55.10. When failures occur due to the use of materials or spare parts that are not original or are not recommended by the manufacturer.
56. Warranty does not apply to:
56.1. Wearing parts (straps, wires, connectors, batteries, holders, etc.);
56.2. In case of failures caused by foreign objects, materials, liquids, insects and other objects that are not included in the factory package;
56.3. Incandescent lamps, lamps included in the luminaire.
IX. RETURN AND REPLACEMENT OF GOODS
57. The Buyer has the right to return the goods to the Seller within 14 (fourteen) days from the date of receipt of the goods. In this case:
57.1. The Buyer is refunded only the price of the goods without delivery fee, if it was calculated for the order;
57.2. If the Buyer returns the goods, the price of which exceeds the amount of EUR 300 (three hundred euros), then the delivery fee of EUR 20 shall be deducted from the price of the goods returned to the Buyer in favour of the Seller;
57.3. If the returned goods form part of the order and the price of the goods retained by the Buyer exceeds EUR 300 (three hundred euros), then the delivery fee shall not be deducted from the amount of the returned goods to the Buyer;
57.4. If the returned goods form part of the order and the price of the goods retained by the Buyer is less than EUR 300 (three hundred euros), then the delivery fee of EUR 20 shall be deducted from the price of the goods returned to the Buyer in favour of the Seller.
58. The Buyer has the right to return the goods that meet the following conditions:
58.1. The returned goods were not used;
58.2. The returned goods have not been assembled;
58.3. The returned product was not installed;
58.4. The product is returned in the original packaging;
58.5. The product is returned in full set (the package of the product must contain all parts, instructions for use and other accessories with which the product was completed at the time of delivery of the product to the Buyer);
58.6. The returned goods are not included in the list of non-returnable goods.
59. The Buyer, wishing to return the goods acquired in the e-shop to the Seller, must inform the Seller in writing to the Seller’s e-mail address email@example.com about the intention to return the goods, indicating the returned goods and order number and attaching the VAT invoice issued by the Seller.
60. In order to return the goods, the Buyer, at his own risk and responsibility, selects a delivery service that would ensure safe transportation of the returned goods to the Seller, and pays the costs of returning the goods to the Seller at his own expense. If the Buyer delivers the returned goods to the courier before the expiry of the term of receipt of the goods within 14 (fourteen) days, it is considered that the Buyer has not violated the term for return of the goods.
61. Upon receipt of the returned goods from the Buyer, the Seller shall unpack them, inspect them and check their completeness and compliance with other requirements for the returned goods. If it is established that the returned product has been used, assembled, installed, lubricated, scratched or otherwise damaged, that the original packaging of the product is damaged or the set of the product is incomplete, the Seller has the right to refuse to return the product price or a part thereof to the Buyer.
62. If the goods returned by the Buyer meet the requirements set for the returned goods, the Seller shall return the price of the goods calculated in accordance with these Rules or a part thereof to the Buyer within 14 (fourteen) calendar days to the Buyer’s bank account from which the order was paid.
63. If a poor quality product is delivered to the Buyer, the Buyer must notify the Seller in writing within 3 (three) calendar days to the e-mail address firstname.lastname@example.org, indicating the defective product, the nature of the defect and order number and provide photos demonstrating the defect and attach the Seller’s issued VAT invoice. The Seller undertakes to contact the Buyer within 3 (three) business days at the latest regarding the replacement or return of goods of improper quality.
64. The goods are considered to be of poor quality when the goods are improperly completed, have wrong colour, model, quality or size.
65. The Buyer has the right to demand:
65.1. The Seller to replace the goods of the poor quality with the goods of the proper quality free of charge;
65.2. The Seller to deliver the missing parts of the complete set of goods to the Buyer free of charge;
65.3. To reduce the price of goods of poor quality;
65.4. To terminate the sale and purchase agreement for poor quality product and the Seller to return the price of the goods to the Buyer and reimburse the delivery costs;
66. In the cases specified in Clauses 65.3 and 65.4 of the Rules, the Seller shall return the price of the defective product or a part thereof and (or) the delivery costs to the Buyer within 5 (five) business days from the date of receipt (return to the Seller) of the poor quality product to the Buyer’s bank account from which order was paid.
67. In the cases specified in Clauses 65.1 and 65.2 of the Rules, the Seller undertakes to organise the replacement of the goods or delivery of the components to the Buyer within a reasonable term.
68. If the Parties do not agree on the fact that the goods are of poor quality, the Buyer must submit the goods to the Seller to assess the conformity of the goods to the order and quality requirements.
X. LIABILITY OF THE PARTIES
69. The Buyer is fully responsible for the accuracy of the personal data provided by him. If the Buyer does not provide accurate personal data, the Seller is not responsible for the consequences and acquires the right to claim direct damages from the Buyer.
70. The Buyer is responsible for the actions taken using the e-shop.
71. The Seller is released from any liability in cases where the loss arises due to the fact that the Buyer, despite the recommendations of the Seller and his obligations, did not read these Rules, even though he was given such an opportunity.
72. If the Seller’s e-shop contains links to the websites of other companies, institutions, organisations or entities/persons, the Seller is not responsible for the information provided on these websites or activities performed by other companies, institutions, organisations or entities/persons, does not maintain, control or represent those companies and entities/persons.
73. In the event of damage, the responsible Party shall compensate the other Party for reasonable direct damage.
74. The Seller is not responsible for the proper performance of the obligations of third parties, whose services are ordered by the Buyer in fulfilment of the assumed obligations.
XI. SETTLEMENT OF DISPUTES
75. Any disagreement arising from the implementation of these Rules shall be settled by way of negotiations. If no consensus is reached, disputes shall be settled in accordance with the procedure established by the laws of the State in which the agreement is concluded (Republic of Lithuania).
76. Disputes arising between the Seller and the Buyer when the Buyer is a consumer, i.e. a natural person purchasing goods in an e-shop to meet personal needs not related to the pursuing of economic and commercial activities shall be settled by means of the electronic consumer dispute resolution procedure in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.
77. Disputes related to the electronic sale and purchase agreement concluded between the Buyer, being a consumer normally residing in the European Union, and the Seller, actually being a commercial and economic activity entity incorporated in the European Union, in accordance with these Rules, may be submitted via Online Dispute Resolution Platform (hereinafter referred to as the EGS).
78. The EGS Platform is a simple, efficient, fast, impartial, transparent, cheap way of resolving disputes arising from online transactions out of court. The EGS Platform is available by link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
XII. FINAL PROVISIONS
79. When developing and improving the Company’s activities, the Company has the right to unilaterally change these rules at any time. The Company reserves the right to unilaterally, partially or completely change the rules by notifying through the Website.
80. Supplements or amendments to the Rules shall enter into force on the date of their publication, i.e. from the date they are published on the Website.
81. In order to implement the principle of legitimate expectations, the version of the Rules in force at the time of order confirmation applies throughout the execution of this particular order.