Terms and Conditions in the Ekoprodutas store on the Internet
- General provisions
1.1. These Rules for the Purchase and Sale of Goods (hereinafter referred to as the Rules) lay down the general conditions for the use of the Ekoproduktas in an online store ekoproduktas.com (hereinafter referred to as the Ekoproduktas). The rules apply when the Buyer chooses, orders and buys the goods offered in the Ekoproduktas store.
1.2. In the store Ekoproduktas organizes and carries out the sale of goods by UAB “Ekoproduktas”, registered office address: Trakiškio g. 24, LT-35115 Panevėžys, legal entity code 148356092, VAT code LT483560917 (hereinafter referred to as the Seller). Ecoproduct is sold in the store to goods owned by the Seller. The goods sold in the Ekoproduktas store are the goods owned by the seller.
1.3. The Buyer in these Rules is any person who buys Ekoproduktas in the store (hereinafter referred to as the Buyer). (a) active natural persons, i.e. persons who have reached the age of majority, whose capacity is not restricted by court order; (b) minors between the ages of fourteen and eighteen who have the consent of their parents or guardians, unless they are emancipated, and (c) legal persons registered in the Ekoproduktas store in accordance with the rules.
1.4. By registering or placing an order, the Buyer unconditionally confirms that he has the right to buy Ekoproduktas in the store.
1.5. Together with the order of goods submitted by the Buyer, these Rules become a purchase and sale agreement concluded between the Buyer and the Seller and are a legal document binding on both parties. The contract shall be deemed concluded when the Buyer forms and places an order for the goods in the Ekoproduktas store, makes payment in accordance with the procedure and time limits established in the Rules and sends a confirmation by the Seller by e-mail indicated by the Buyer that the Buyer’s order has been accepted.
1.6. The Buyer shall not be given the opportunity to place an order for goods in the Ekoproduktas store if he is not familiar with the Rules and/or does not agree with them. In cases where the Buyer does not agree with the Rules or a certain part thereof, he should not order the goods Ekoproduktas in the store. After the Buyer has ordered the goods Ekoproduktas in the store is considered that the Buyer has read and unconditionally agreed to the Rules.
1.7. The Seller reserves the right to change, amend or supplement the Rules. When the Buyer purchases in the Ekoproduktas store is subject to the Rules in force at the moment of placing the order, therefore, the Buyer is recommended to familiarize himself with the Rules at the time of each purchase.
1.8. The Seller shall not assume any risk or liability and shall be unconditionally relieved of it if the Buyer has not become acquainted with the Rules, in whole or in part, even though he has been given such an opportunity.
1.9. The Seller has the right, without notice, to restrict the Buyer’s use of the services of the Ekoproduktas store or to cancel the Buyer’s registration if the Buyer uses Ekoproduktas store in violation of these Rules, attempts to undermine the stability and/or safety of the Ekoproduktas store or the Seller’s orders.
1.10. The Seller may temporarily or permanently terminate the activities of Ekoproduktas store without prior notice to the Buyer. In case of force majeure, the Seller has the right to suspend the performance of the contract until the force majeure circumstances have disappeared, notifying the Buyer of the suspension of the execution of the order. If the buyer is no longer concerned with the subsequent performance of the contract, then the Buyer has the right to withdraw from the contract by notifying the Seller. If the Seller suspends its activities, but if it is possible to fulfill the confirmed orders, all rights and obligations provided for in these rules or applicable legislation related to already executed or executed orders shall remain valid.
- Registration and processing of personal data
2.1. In order to use the Ekoproduktas store and buy the goods offered there, the Buyer must register in the store Ekoproduktas system by filling in the registration form. The following personal data of the Buyer must be provided in the registration form: name, surname, e-mail, address to which the goods will be delivered, telephone number, other data necessary for the delivery of goods. The authorised representative of the legal entity shall provide the name of the legal entity instead of the name of the legal entity.
2.2. The Buyer is responsible for ensuring that the data provided in the registration form is accurate, correct and complete. If the data provided in the Buyer’s registration form changes, he must immediately update them. In no case will the Seller be liable for damages caused to the Buyer and/or third parties due to the fact that the Buyer has provided incorrect and/or incomplete personal data or has not changed or supplemented the data after their change.
2.3. The Buyer has the right to change, supplement or cancel his/her registration freely at any time. Upon cancellation of the registration, the Buyer loses the opportunity to use and buy in the Ekoproduktas store. The buyer again acquires the opportunity to buy only after re-registering in the Ekoproduktas store. Please note that changing the address and/or telephone number is important in the case of debit or credit card payments (see section 3.3.2).
2.4. By registering, the Buyer creates individual login data (username and password) and undertakes to keep them secret and not to disclose them to any third parties. In order to reduce the risk of unauthorized access to the Ekoproduktas store on behalf of the Buyer, it is recommended to create a complex, unpredictable password (it is recommended to make up the password from at least 8 characters using uppercase and lowercase letters, numbers and punctuation marks, avoid easily predictable words (Buyer’s name, surname, etc.) and/or number (e.g. date of birth), etc.) and change it at least every 6 (six) months. The Buyer is responsible for the complexity of the login data created by him and their preservation, as well as for any actions (data transfer, submitted orders for goods, user comments, etc.) which ecoproduct in the store are performed by logging in with the buyer’s individual name and password. If the services provided by Ekoproduktas are used by a third party who has logged into the online store using the Buyer’s login data, the Seller considers this person to be the Buyer. If the Buyer loses his login data, he must immediately inform the Seller by post, phone or e-mail or change the login details by logging in to Ekoproduktas store system in the section “My account”. The Seller may not and will not be held liable for damage caused to the Buyer by third parties logging in to the Ekoproduktas store using the Buyer’s login data. The security of login credentials is essential for debit or credit card payments (see section 3.3.2).
2.6. The Buyer’s personal data will be used to identify the Buyer, carry out the sale and delivery of goods, issue accounting documents, return overpayments and/or money for goods returned by the Buyer, administer debts, fulfill other obligations arising from the purchase and sale agreement.
2.7. The Buyer’s personal data will be processed for direct marketing purposes only with the Buyer’s consent. The Buyer’s consent is expressed by filling in the registration form and ticking the respective fields in the form in accordance with the procedure established in these Rules and may be changed by logging in to his/her account in the section “User Information”.
- Prices of goods, payment procedure and terms
3.1. The prices of goods in the Ekoproduktas store and the formed order are indicated in Euros including VAT. The goods are sold to the Buyer at the prices valid for Ekoproduktas store at the time of placing the order.
3.2. The Buyer pays for the goods in one of the following ways:
3.2.1. Payment using electronic banking is a prepayment using the electronic banking system used by the Buyer. You can pay using Swedbank, Seb, Luminor, Citadele and Šiaulių bankas electronic banking services. Payments are available in euros. Payments are processed using the MakeCommerce.lt payment platform. When paying for goods in this way, a payment is generated in the e-banking system according to the order paid by him. The Buyer transfers the money to the Seller’s account. Responsibility for the security of data at the time of payment of the Buyer in this case lies with the respective bank, since all monetary transactions take place in the bank’s electronic banking system.
3.2.2. Payment by using payment cards at the time of ordering is a prepayment using MasterCard, VISA or VISA Electron debit or credit card used by the Buyer. When paying for the goods by the Buyer’s credit or debit card for the first time, the Buyer must enter his/her card details. In other cases Ekoproduktas store system will offer to pay for goods by credit or debit card, which the Buyer has paid for the goods in the Ekoproduktas store, without having to re-enter the card details. In such a case, using the Buyer’s credit or debit card, which the Buyer has paid for the goods at least once in the Ekoproduktas store (i.e. on any of the cards), it will be enough to re-enter the password of the Buyer’s login to the Ekoproduktas store system.
3.3. The Buyer undertakes to pay for the ordered goods immediately, but not later than within 1 (one) hour from the moment of placing the order. Only upon receipt by the Seller of the payment system operator chosen by him the corresponding confirmation of payment of the Buyer for the goods and their delivery (transportation) (when paying in the manner specified in clauses 3.2.1 or 3.2.2 of the Agreement) the order is started to be executed and the term of delivery of the goods is calculated. The prices of the goods and their delivery to pay the invoice are calculated including VAT.
3.4. The Seller has the right to cancel the order without prior notice to the Buyer if the Buyer does not pay for the goods within 1 (one) hour from the moment of placing the order.
3.5. The Seller shall issue a VAT invoice and provide the Buyer with the e-mail indicated in the Buyer’s Registration Form within 3 (three) working days after the delivery of the goods.
- Assembly and delivery of goods
4.1. Ecoproduct store trade is carried out and goods are delivered in Lithuania and the territories of the European Union. The territory of trade is established by unilateral decision of the Seller. The goods are delivered by the Seller or his authorized representative.
4.2. A fee is charged for the delivery of goods, which is indicated on the Ekoproduktas store page “Payment”.
4.3. The Seller will make every effort to ensure that the Buyer’s order is fully fulfilled, but cannot provide and does not provide any guarantees as a result. If there is no balance or sufficient quantity of the ordered item at the place of bill of materials, the Seller reserves the right not to deliver the item or to deliver a smaller quantity of the item.
4.4. Money for goods paid by the Buyer but not delivered by the Seller shall be paid into the Buyer’s account within 5 (five) business days, during the emergency established in the Republic of Lithuania, the refund may take up to 14 (fourteen) business days from the delivery of the shipment.
4.5. The goods ordered by the Buyer are delivered to the address registered by the Buyer in the shop system.
4.6. In the event that the Buyer is not found at the delivery address indicated in the Ekoproduktas store system, the Seller has the right to issue the goods to any other adult person at the specified address, and the Buyer has no right to make any claims to the Seller regarding the delivery of the goods to the wrong entity.
4.7. If the delivery of the goods is impossible due to the fault of the Buyer or due to circumstances dependent on the Buyer (the Buyer indicated the wrong address in the Ekoproduktas store system when registering, the Buyer or the recipient is not found at the specified address, the person accepting the goods submitted an invalid personal document or refused to provide a personal document). The Buyer must bear the delivery costs incurred by the Seller, therefore the money paid in advance for the goods is refunded after deducting the costs of delivery of the goods. In the event that a discount of the delivery fee was applied to the Buyer at the time of placing the order, the Seller reserves the right to deduct from the amount of money to be refunded to the Buyer the entire delivery fee (in force at the time of placing the order), regardless of the discounts applied at the time of placing the order.
4.8. In all cases, the Seller is released from liability for violation of the terms of delivery of 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 dependent on the Buyer.
4.9. At the buyer’s request at the time of delivery of the goods, the person delivering the goods (the Seller or his authorized person) must provide an opportunity to check the condition of the shipment together with the Seller or his authorized representative. If the Buyer does not check the condition of the shipment and/or does not record data on the violations of the shipment in accordance with the procedure set out in this clause, the shipment shall be deemed to have been delivered properly and intact.
4.10. The goods are transferred to the Buyer after the inspection of the shipment only when the Buyer signs the consignment note, the accompanying document of the goods or another document of transfer of the shipment – the acceptance document (electronic devices may also be considered as a document). If the Buyer is unable to sign electronic or other documents himself due to disability, illness or other reasons, another person or the Seller (or his authorized person) signs for him/her upon confirmation of the possibility of signing by the Buyer. If the Buyer does not sign the goods in the consignment note, the accompanying document of the goods or another document of transfer of the parcel – the acceptance document (including the electronic document), the goods are not transferred to the Buyer and the goods are not sent repeatedly (unless the Buyer pays extra for the re-delivery of the goods), and the money paid in advance for the goods is returned after deducting the costs of delivery of the goods. In the event that a discount of the delivery fee was applied to the Buyer at the time of placing the order, the Seller reserves the right to deduct from the amount of money to be refunded to the Buyer the entire delivery fee (in force at the time of placing the order), regardless of the discounts applied at the time of placing the order.
4.11. In cases where, at the time of acceptance of the goods, the Buyer notices that the parcel does not contain the correct quantity of goods or the goods presented do not correspond to the goods ordered by him and this is not indicated on the invoice, consignment note, accompanying document or other document of delivery of the parcel, the Buyer must immediately (at the time of delivery of the goods) inform the Seller thereof. When the Buyer determines that the delivered goods do not correspond to the goods ordered by him, he does not accept the delivered goods and must return them to the courier, and mark the fact and reason of the return of the goods on the invoice, consignment note or other document of transfer of the shipment – acceptance or return of the goods.
- Guarantee of quality and durability of goods
5.1. The characteristics of all goods sold in the Ekoproduktas store on the Internet are generally indicated in the description of each item. The Seller is responsible for information about the characteristics (correctness) of the goods.
5.2. The Seller shall not be liable for the fact that the goods in the Ekoproduktas store on the Internet may not correspond to the actual size, shape and color of the goods due to the characteristics of the display (monitor) used by the Buyer or other technical reasons, as well as taking into account reasonably possible discrepancies in appearance.
5.3. The Seller confirms that he is responsible for the sale of the goods ordered in the ekoproduktas.com online store and proper delivery of the purchased goods, the quality of the goods, proper fulfilment of the conditions of return and implementation of other rights and obligations of the seller provided for in legal acts.
5.4. The Seller undertakes to sell the goods to the Buyer in such a way that he is given a real opportunity to use such goods before the expiry date.
- Withdrawal of the contract. Replacement and return of goods
6.1. The Buyer has the right to withdraw from the contract of purchase and sale of goods concluded in Ekoproduktas store without giving a reason, notifying the Seller in writing no later than within 14 (fourteen) calendar days from the date of delivery of the goods. The Buyer must provide the Seller with a free-form notice of withdrawal and other information specified by the Seller by e-mail: [email protected].
6.2. After submitting a written notice of withdrawal and other information specified by the Seller, the Buyer must return the product (if it has been delivered) within 14 (fourteen) calendar days at the latest in accordance with the procedure for replacement and return of goods established in Clause 6.6 of these Rules.
6.3. The right provided for in Clause 6.1 of the Rules may be exercised only by the Buyer, who, according to the provisions of the Law on Consumer Rights Protection of the Republic of Lithuania, is to be recognized as a consumer, i.e. a natural person seeking to conclude or conclude contracts for purposes not related to his business, trade, craft or profession (for consumption purposes).
6.4. In accordance with the provisions of Paragraph 2 of Article 6.22810 of the Civil Code of the Republic of Lithuania, packaged quality goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons shall not be changed or returned.
6.5. If the Buyer has purchased goods of inadequate quality, the Buyer may return the goods and, at his choice, may require:
6.5.1. to reduce the purchase price accordingly;
6.5.2. to replace the product with an analogous product of suitable quality, unless the defects are minor or they are due to the fault of the Buyer;
6.5.3. return the price paid and withdraw from the purchase and sale agreement when the sale of an item of inadequate quality is a material violation of the order.
The Buyer may exercise the right to return goods of inadequate quality within the term of its quality guarantee specified in the document of purchase of goods, which is indicated by the Seller, or within the term of the quality guarantee provided for in legal acts.
6.6. The goods are replaced or returned after the Seller has agreed in advance the time and address of the pick-up. The Seller’s representative arrives to collect the goods or the Buyer sends the goods to the Seller in a manner acceptable to the Seller. All costs related to this shall be borne by the Seller. Please apply for a return of goods by e-mail: [email protected] or by phone: +370 45 508 176.
6.7. When returning or replacing the goods purchased in the Ekoproduktas store, the Seller has the right to demand to fill in the form of return or replacement of goods provided by the Seller.
6.8. Returned or replaced quality goods must be intact, have not lost their commercial appearance (unbroged and undamaged labels, unbroged protective films, etc.), and may not be used. The item must be returned in its original packaging, in the same set as received by the Buyer, necessarily by submitting the document of purchase of the goods. If the product is not fully completed, damaged, untidy or not properly packed, the Seller has the right not to accept the product, not to replace it and not to return the money paid by the Buyer for the product.
6.9. Money paid for quality goods accepted by the Buyer but subsequently disposed of, and money paid for defective goods, including the costs paid by the Buyer for the delivery of goods, shall be paid into the Buyer’s account no later than within 14 (fourteen) days from the date on which the Seller received the Buyer’s notice of withdrawal, unless the Seller and the Buyer agree otherwise. The Seller may not refund the amounts paid by him to the Buyer until the goods have actually been returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first. When returning all the amounts paid to the Buyer, the Seller uses the same payment method as the Buyer used to pay for the goods, unless the Seller and the Buyer agree otherwise and if the Buyer does not incur any other additional costs.
- Exchange of information
7.1. The Seller sends all notifications and otherwise contacts the e-mail address or telephone provided in the Buyer’s registration form.
7.2. The Buyer sends all notices and questions and otherwise contacts by e-mail ([email protected]) or by phone (+370 45 508 176).
- Final provisions
8.1. These Rules are established in accordance with the legal acts of the Republic of Lithuania.
8.2. Relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.
8.3. In case of damage, the guilty party shall compensate the other party for direct losses in accordance with the procedure and grounds established by the laws of the Republic of Lithuania.
8.4. All disagreements arising from the implementation of these Rules shall be resolved by negotiation. In case of failure to reach an agreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.
8.5. Each User has the opportunity to resolve disputes with the Seller electronically without going to court. First of all, the Consumer must contact the Seller in writing and within 14 days from the receipt of the claim, if the Seller does not respond to the consumer’s claim, or if the consumer’s claim is not satisfied, the consumer may apply to the entity dealing with out-of-court consumer disputes, i.e. State Consumer Rights Protection Authority (Vilniaus st. 25, 01402 Vilnius, e-mail: [email protected], tel. 852626751, website www.vvtat.lt), or to itsterritorial subdivisions in the counties or fill in the application form on the ODR platform http://ec.europa.eu/ods/).