Purchase and Sale Rules (Contract)
1. Terms used in this Agreement
1.1. Force majeure circumstances - circumstances provided for in the Government of the Republic of Lithuania Resolution of 1996 July 15 the Rules for Relief from Force Majeure and other legal acts of the Republic of Lithuania approved by Resolution No. 840;
1.2. Seller - MB "Internetiniai verslo sprendimai", Inc. code 302907106, contact phone +37061001150, website address http://pasipuosk.lt
1.3. Buyer - a natural person who purchases goods in the Seller's e-shop, located at http://pasipuosk.lt
1.4. Item (s) - the item (s) ordered by the Buyer in the online store owned by the Seller;
1.5. Parties - Buyer and Seller. Each of them individually may be referred to as a Party.
1.6. Rules - these Rules of the sale and purchase of Goods.
2. General Provisions
2.1. The Rules establish the mutual rights, obligations and responsibilities of the Buyer and the Seller when the Buyer acquires the Goods.
2.2. The Seller undertakes to hand over the Goods to the Buyer in accordance with the procedure set out in the Rules, and the Buyer undertakes to accept the ordered Goods and pay for them in accordance with the procedure and within the terms established in the Rules.
3. Purchase and sale agreement and its conclusion
3.1. The contract of purchase and sale between the Buyer and the Seller shall be deemed concluded from the moment when the Buyer selects the desired product in the e-shop or has formed a shopping cart, has provided all the necessary data and has read the Terms and Conditions,
3.2. Each contract made between Buyer and Seller is stored in Seller's database.
4. Buyer Rights and Obligations
4.1. Buyer Rights.
4.1.1. The Buyer has the right to purchase the Goods in the Seller's e-shop in accordance with the Rules and the legal acts of the Republic of Lithuania.
4.1.2. The Buyer shall be entitled to August 17 Order of the Minister of Economy of the Republic of Lithuania Nr. 258 "On Approval of the Rules for Selling Items and Services when Contracts Concluded by Means of Communication" to withdraw from a Purchase - Sales Agreement entered into by giving written notice to Seller within seven business days of delivery of the Goods.
4.1.3. In case of purchase and sale of goods the Buyer may use 4.1.2. to terminate the contract if the Product has not been damaged or has not substantially changed in appearance.
4.1.4. The Buyer has other rights provided by the legal acts of the Republic of Lithuania.
4.2. Buyer Obligations.
4.2.1. The Buyer undertakes to accept the Goods and pay for the Goods and their delivery.
4.2.2. The Buyer undertakes to make immediate changes to the registration form in the event of a change in the Buyer's details.
4.2.3. The Buyer undertakes not to pass on his login details to third parties. Should this occur, he must immediately inform the Seller thereof. If the Buyer loses his login details, he must immediately notify the Seller via the contacts provided on the Seller website "e-jewelry" so that the Seller can cancel the Buyer's registration.
4.2.4. The Buyer undertakes to comply with other requirements of the legal acts of the Republic of Lithuania.
5. Seller's Rights and Obligations
5.1. Seller Rights.
5.1.1. The Seller shall have the right to restrict, suspend (terminate) the Buyer's access to the e-shop if the Buyer attempts to impair the operation or stable operation of the e-shop in breach of its obligations. In exceptional cases, the Seller has the right to cancel the Buyer's registration.
5.1.2. The seller may only temporarily or permanently discontinue an e-shop without prior notice after delivery of all paid goods.
5.1.3. The Seller shall be entitled to cancel the Buyer's order without prior notice if the Buyer fails to pay for the Goods within 1 (one) business days.
5.1.4. The Seller has the right to change, amend or supplement the Terms at any time, subject to the requirements of law.
5.1.5. The Seller has other rights provided for in the legal acts of the Republic of Lithuania.
5.2. Seller Obligations.
5.2.1. The Seller undertakes to create appropriate conditions for the Buyer to use the services provided by the e-shop.
5.2.2. The Seller undertakes to arrange the delivery of the Goods to the address indicated in the Buyer's registration form, unless the Buyer notifies the Seller in writing of his wish to receive the goods at another address specified by the Buyer.
5.2.3. The Seller undertakes to protect the Buyer's personal data in accordance with the Law on Legal Protection of Personal Data of the Republic of Lithuania.
5.2.4. The Seller, being objectively unable to deliver the Goods to the Buyer, undertakes to offer the Buyer an analogous product and, if the Buyer refuses to accept the analogue of the Product, to refund the money paid by the Buyer within 7 (seven) business days. In this case, the Seller is exempt from liability for non-delivery of the Goods.
5.2.5. The Seller undertakes to comply with other requirements of the legal acts of the Republic of Lithuania.
6. Delivery of goods
6.1. Goods shall be delivered to the address specified by the Buyer within the time specified in the method of delivery. The Goods shall be delivered by the Seller, his authorized representative or a courier (courier) employee.
6.2. The exact delivery price depends on the weight, volume, dimensions and place of delivery of the Goods, therefore the final price is indicated only after the order is formed.
6.3. Upon delivery to the address specified by the Buyer, the Goods shall be deemed to have been transferred to the Buyer. Goods can only be picked up by the person who placed the order or the person named at the time of placing the order. No later than on the day of delivery of the Goods, the Buyer undertakes to acknowledge receipt of the Goods at the Seller's email address. If the Goods are not delivered on the scheduled Delivery Day, the Buyer shall immediately, but not later than on the day following the scheduled Delivery day, inform the Seller thereof. Failure to comply with the information procedure set forth in this Article shall be deemed to constitute no claim by the Buyer to the Seller regarding the delivery of the Goods.
6.4. The Buyer must check the condition of the Goods at the time of delivery. When the Buyer signs the delivery note or any other document of delivery - acceptance of the Goods, the Goods shall be deemed to have been delivered in the proper condition. Upon noticing that the packaging of the delivered Goods is damaged (wrinkled, wet or otherwise externally damaged), the Buyer must mark this on the bill of lading or other delivery and acceptance document and, in the presence of the Seller or the courier who delivered the goods, Failure by the Buyer to perform these actions shall result in the Seller being relieved of liability to the Buyer for any damage to the Goods not noted by the Buyer in accordance with the above procedure.
6.5. In all cases, the Seller shall be released from liability for violation of the delivery terms of the Goods if the Goods are not delivered to the Buyer on time or due to the Buyer's fault or due to circumstances dependent on the Buyer.
6.6. The delivery terms of the Seller are preliminary and shall not apply in cases where the Seller does not have the required goods in stock and the Buyer is informed of the lack of ordered goods. At the same time, the Buyer agrees that, in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the Seller's control. In this case the Seller undertakes to immediately contact the Buyer and agree on the terms of delivery.
7. Price of goods, taxes and billing
7.1. The range and price of the goods are indicated at the moment of conclusion of the contract in the online shop. Prices are quoted in Euro.
7.2. The Buyer shall pay for the Goods in the following ways:
7.2.1. Prepay by Credit cart, or Paypal.
7.3. Shipping cost is calculated on the shopping cart summary by the e-commerce system.
8. Product Quality, Warranty and Returns
8.1. The Seller warrants that the quality of all Goods complies with the standards established by the Republic of Lithuania and declared by the manufacturer, or, in the absence of such standards, with the usual requirements for the Retail sale of the Goods. The goods are of a commercial appearance, the packages are intact and neatly packed. The goods are stamped by the Lithuanian Assay Office with a product-specific fineness.
8.2. The Seller is not responsible for the fact that the goods in the e-shop may not match the actual size, shape and color of the goods due to the Buyer
properties of the display used.
8.3. The goods sold by the Seller are covered by the warranty provided by the relevant legislation of the Republic of Lithuania.
8.4. The return and exchange of goods shall be carried out in accordance with the Minister of Economy of the Republic of Lithuania Order No. August 17 by Order no. 258 of the "Rules for the sale of goods and provision of services through distance communication".
8.5. The buyer may return the goods only if:
8.5.1. the item is intact, has not been used and is of commercial appearance;
8.6. The Seller shall have the right not to accept the goods returned by the Buyer if the Buyer does not follow the return procedure set forth in this Article.
8.7. The Buyer shall have the right, within 2 (two) days from the date of acceptance of the Goods, to submit written claims to the Seller regarding discrepancies subsequently discovered and recorded in the Acts. In this case, the Seller undertakes to investigate the claim within 10 (ten) business days and, upon reasoned claim, offer to the Buyer, repair the unusable Goods (if possible), return the Goods or replace them with quality requirements, or reduce the price of the Goods.
9.1. The Buyer is responsible for the correctness of the data provided in the registration form. The Buyer also assumes full responsibility for any consequences arising from the erroneous or inaccurate data in the registration form. The Buyer is responsible for the actions taken through this online store.
9.2. The parties shall be liable for the violation of the contract of sale and purchase concluded using the e-shop in accordance with the procedure established by the legal acts of the Republic of Lithuania.
9.3. The Seller is not responsible for the information provided on the websites of other companies, even if the Buyer accesses these websites via the links in the Seller's e-shop.
9.4. The Buyer is responsible for the transfer of his login data to third parties. If the services provided by the Seller are used by a third party who logs in to the online store using the Buyer's login data, the Seller shall treat that person as the Buyer.
9.5. When the Buyer orders the Goods, the Seller may terminate the contract if he does not have the Goods, the Seller has suspected that the Buyer has provided inaccurate personal data and / or the Seller has failed to contact the Buyer within 3 (three) days. The seller shall not indemnify for damage caused by such termination.
9.6. Each Party undertakes to compensate the other Party for any legal loss or expense incurred as a result of the default or improper fulfillment of its obligations under these Rules.
9.7. The Seller shall be relieved of any liability in cases where the loss arises from the fact that the Buyer, without regard to the Seller's recommendations and his obligations, has not become acquainted with these Terms, even though he has been given such opportunity.
9.8. The Parties shall not be liable for failure to fulfill their contractual obligations if such failure was caused by force majeure and shall immediately inform the other Party about the occurrence of force majeure circumstances.
10. Final provisions
10.1. The Seller shall send all notices to the email address provided in the Buyer Registration Form.
10.2. The Buyer sends all messages and questions to the Seller's electronic store contacts.
10.3. All disputes, disagreements and claims between Buyer and Seller arising out of or in connection with this Agreement shall be resolved and settled by negotiation. The opening of negotiations shall be considered as a matter for one Party
a written request to the other, specifying the subject matter of the dispute, the alleged fault of a Party that infringes the rights of the other Party, the manner and terms of remedying the breach.
10.4. All disputes arising from the implementation of this Agreement shall be settled by negotiation. If the dispute is not resolved by way of negotiations, it shall be settled in accordance with the laws of the Republic of Lithuania, applying the jurisdiction of the Seller's office.
10.5. Except as otherwise provided herein, the provisions of the respective laws of the Republic of Lithuania shall apply to the legal relations between the Parties.