TERMS AND CONDITIONS FOR BUYING GOODS AND PROVIDING SERVICES IN THE E-SHOP
26.10.2022
1. TERMS
1.1 Seller – MB Medijos publikavimas, legal entity code 303228396, residence address Rusokai vlg. 1, Rusokai village, Širvintos District, VAT identification number LT100008463010.
1.2 E-Shop – this online shop, located at the address www.uxas.com.
1.3 You/Buyer – 1) a natural person who, under the legislation in force, can enter into agreements and who purchases goods for personal use (not for business purposes); 2) A legal entity of the Republic of Lithuania purchasing goods as an end user (intending to use the goods for representational or other purposes unrelated to the resale of the services, as well as goods usage for business, production or service purposes); 4) duly authorised representatives of all the above-mentioned persons.
1.4 Rules – these rules, establish the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and services offered by the Seller and payment for them, the procedure of the delivery and return of goods and services, the liability of the parties, and other provisions relating to the purchase of goods and services in the E-Shop.
1.5 Parties/Party – the Buyer and the Seller together or separately.
1.6 Goods/Services – everything that is sold in the E-Shop. ‘Goods’ hereinafter shall include services where goods and services are sold on the E-Shop unless otherwise stated in the Terms and Conditions.
2. GENERAL PROVISIONS
2.1 These Terms and Conditions are a binding legal document which sets out the rights, duties and responsibilities between the Buyer and the Seller, as well as other provisions relating to the purchase of goods and services offered by the Seller when the Buyer purchases goods or services in the E-Shop.
2.2 The Buyer must agree to the Terms and Conditions to use the E-Shop and purchase goods and services from it. Once the Buyer confirms his/her acknowledgement and acceptance of the Terms and Conditions, he/she undertakes to comply with them. By purchasing goods and services in the E-Shop, the Buyer accepts the application of the Terms and Conditions and confirms that he/she has understood them. If the Buyer has not read and/or understood the Terms and Conditions or has not agreed to them, the Buyer may not purchase goods and services in the E-Shop.
2.3 By confirming that he/she has read and understood the Terms and Conditions, the Buyer also confirms that he/she meets the definition of a Buyer.
2.4 The Seller has the right to change the Terms and Conditions at any time at its sole discretion. Amendments to the Terms and Conditions shall come into force upon their publication in the E-Shop. If the Buyer uses the E-Shop in any way after the publication of the amendments to the Terms and Conditions, the Buyer shall be deemed to have accepted all amendments to the Terms and Conditions.
3. CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
3.1 The E-Shop is open to registered and non-registered users.
3.2 The Sale and Purchase Agreement is concluded between the Seller and the Buyer. The legal relationship of sale and purchase and the agreement between the Seller and the Buyer shall be deemed to have been formed when (i) the Buyer places an order by forming a shopping cart in accordance with the instructions provided by the Seller, (ii) the Buyer selects the delivery or pick-up method, (iii) the Buyer selects the method of payment and pays the order in full and (iv) the Seller confirms the Buyer’s order by displaying and/or sending the order information and a confirmation message (by email and/or telephone) and/or a VAT invoice. In cases where the Buyer does not accept all or part of the Terms and Conditions, the Buyer shall not be able to order the goods. The Buyer can only form a shopping cart if he/she accepts the Terms and Conditions.
3.3 The Seller shall have the right to send or show the Buyer other interim notices before the conclusion of the Sale and Purchase Agreement, such as notices of the payment to be made or confirmation of receipt of payment.
4. BUYER’S RIGHTS
4.1 The Buyer shall have the right to make purchases in the E-Shop in accordance with the Terms and Conditions, other instructions, instructions of the Seller, and the legislation of the Republic of Lithuania.
4.2 The Buyer-Consumer shall have the right to withdraw from the Sale and Purchase Agreement concluded for the purchase of goods in the E-Shop by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in these Terms and Conditions and in accordance with the procedure set out in the Civil Code of the Republic of Lithuania.
4.3 The Buyer also has the right to return and/or replace goods that are of poor quality and/or incorrectly assembled, and to benefit from warranties applicable to the goods.
4.4 The Buyer shall also have other rights provided for in the Terms and Conditions and/or the legislation of the Republic of Lithuania.
5. BUYER’S OBLIGATIONS
5.1 The Buyer shall be obliged to pay the price of the goods ordered and their delivery price, as well as other payments (if any, specified at the time of conclusion of the agreement), and the costs of returning the goods, if any.
5.2 The Buyer undertakes to accept the ordered goods in accordance with the chosen delivery method. If the Buyer chooses to have the goods delivered by picking up the goods from the pick-up location specified by the Buyer, the Buyer undertakes to do so within the term set by the Seller.
5.3 The buyer must inspect and check the goods upon acceptance. If the Buyer notices any damage to the shipment of goods from the E-Shop, clearly visible defects in the goods, or any other discrepancy in the goods ordered by the Buyer, the Buyer shall inform the Seller. The Buyer must inform the Seller in writing at [email protected] or by phone at +370 640 67 367 of any defects in the quality of the goods.
5.4 The Buyer undertakes not to use the E-Shop in such a way that may jeopardise the proper functioning, security or integrity of the E-Shop or restrict the ability of others to use the Shop. The Buyer is obliged to use the E-Shop only for lawful purposes.
5.5 The Buyer shall also be obliged to comply with other requirements set out in the Terms and Conditions and the legal acts of the Republic of Lithuania.
6. SELLER’S RIGHTS
6.1 The Seller shall have the right to suspend or discontinue the operation of the E-Shop at any time at its sole discretion, without notice to the Buyer. In the event of suspension of the E-Shop, the orders placed by the Buyers shall be finalised, but no new orders shall be accepted from the date of suspension or termination as determined by the Seller.
6.2 The Seller has the right to contact the Buyer if the Seller is unclear about the order or needs to clarify the Buyer’s information to be able to fulfil the order properly.
6.3 The Seller shall have the right to cancel the Buyer’s order in accordance with the conditions and procedures set out in the Terms and Conditions.
6.4 The Seller shall have other rights provided for in these Terms and Conditions or the legislation of the Republic of Lithuania.
7. SELLER’S OBLIGATIONS
7.1 The Seller is obliged to respect the Buyer’s privacy, to protect the confidentiality of the Buyer’s data in accordance with the procedure set out in the Terms and Conditions, the laws of the Republic of Lithuania and the E-Shop’s Privacy Policy.
7.2 The Seller undertakes to deliver the ordered goods to the Buyer in accordance with the method of delivery chosen by the Buyer or to prepare the goods to collect if such method of delivery is chosen.
7.3 In accordance with the Rules and the laws of the Republic of Lithuania, the Seller undertakes to accept the goods returned by the Buyer.
7.4 If the Seller is unable to provide the Buyer with the goods ordered, the Seller undertakes to refund the money paid by the Buyer for the missing goods or the whole order within 14 working days.
8. PRICES AND PAYMENT FOR GOODS
8.1 All prices of goods sold in the E-Shop are quoted in euros, including value-added tax (VAT).
8.2 To order and purchase goods from the E-Shop, the Buyer shall pay for the goods via the Paysera platform.
8.3 The Goods shall be sold to the Buyer at the prices prevailing in the E-Shop at the time of placing the order. The specific price of the Goods and the amount payable for the Goods shall be displayed to the Buyer when the shopping cart is created.
8.4 If the Buyer does not agree with the price quoted, the Buyer may not proceed with the ordering process and order the goods.
8.5 The price of the Goods does not include the cost of delivery and services that the Buyer may order from the Seller. Unless stated otherwise, the delivery service and other services are chargeable. The prices of these services and the procedure for their calculation and payment shall be specified in the E-Shop.
8.6 When purchasing goods in the E-Shop, payment may be made by the methods specified in the E-Shop.
8.7 The documents for the purchase of the Goods, i.e., order information and VAT invoices, shall be made available to the Buyer electronically in the Buyer’s account, from which the Buyer can download and/or print them. These electronic purchase documents are valid without a signature.
9. DELIVERY AND COLLECTION OF GOODS
9.1 The buyer has the option to choose the method of delivery. The following methods of delivery (collection) are offered in the E-Shop: sending the order by letter.
9.2 If the Seller specifies delivery, shipping or collection charges in the E-Shop, the Seller shall have the right to change them at its sole discretion. The applicable fees shall be indicated in the order form in such a way that the Buyer can consult them before confirming the order.
9.3 If the Seller specifies delivery, dispatch or collection terms in the E-Shop, the Seller shall have the right to change them at its discretion. The applicable term shall be indicated in the order form in such a way that the Buyer can consult them before confirming the order.
9.4 The term for the delivery of the Goods to the Buyer shall commence from the due date for Payment.
9.5 The Seller shall be exempted from liability for breach of the delivery term of the Goods if the Goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties or due to circumstances beyond the Buyer’s control.
9.6 The Buyer’s acceptance of the consignment without objection shall be deemed to mean that the Goods have been delivered in undamaged packaging, and that the quantity, quality and selection of the Goods are in accordance with the terms and conditions of the Sale and Purchase Agreement, and that the ancillary services related to the sale and delivery of the Goods have been performed properly.
9.7 The Seller shall not be held liable for the fact that the colour, shape, smell, or other parameters of the goods listed on the E-Shop may not correspond to the actual size, shape, or colour of the goods, or the Buyer's imagination due to the characteristics of the display used by the Buyer, or the Buyer’s subjective assessment.
9.8 The risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Goods are handed over to the Buyer or his authorised representative or to the person who has taken the Goods at the delivery address specified by the Buyer.
10. RETURN AND EXCHANGE OF GOODS
10.1 Terms and Conditions for returning and exchanging Seller’s goods purchased in the E-Shop are set out at https://www.uxas.com/en/content/16-sale-purchase-rules.
11. BUYER DATA PROTECTION AND PRIVACY POLICY
11.1 The Seller shall take care of the protection and privacy of the Buyer’s data when the Buyer uses the E-Shop.
11.2 The Seller’s privacy policy is available at https://www.uxas.com/en/content/15-privacy-policy.
12. MARKETING TOOLS APPLIED BY THE SELLER
12.1 The Seller has the discretion to run various promotions, discounts and other marketing and merchandising tools. The Seller shall have the right to unilaterally cancel them at any time without prior notice and to modify the established promotions, discounts and other marketing tools. Amendments or cancellations shall be effective from the moment of their execution.
12.2 Where the Buyer purchases an item for which the Seller has given a discount or a gift, or the Buyer has paid with a gift card, and the Buyer has exercised his right to return the item, the Buyer shall only be entitled to a refund in the amount paid by the Buyer for the item.
13. LIABILITY OF THE PARTIES
13.1 The Buyer is obliged to use the E-Shop only for lawful purposes and as permitted by the Terms and Conditions and applicable laws and shall be held liable for any breach of this obligation.
13.2 The Buyer undertakes to ensure that the data provided by the Buyer when using the E-Shop is true, relevant, and accurate. If the Buyer provides incorrect data, the Seller shall not be held liable for any consequences arising therefrom.
13.3 The Buyer is responsible for the security of his/her registration data and undertakes not to disclose them to third parties. The Seller shall not be held liable for any consequences arising from the disclosure of the Buyer’s information to third parties.
13.4 If the Buyer provides his/her data to a third party who uses the E-Shop using such data, the Seller shall consider a such person to be a Buyer and shall be subject to all the rights and obligations applicable to a Buyer.
13.5 The Seller shall be exempted from any liability in cases where the loss is caused by the Buyer’s failure to read the Terms and Conditions and/or the Sale and Purchase Agreement, despite the Seller’s recommendations and obligations when given the opportunity to do so.
13.6 If the Seller’s E-Shop contains links to the websites of other companies, institutions, organisations or persons, the Seller shall not be responsible for the information or activities contained therein. The Seller does not supervise, control, or represent such companies or persons.
13.7 In the event of damage, the party at fault shall indemnify the other party only for direct damages.
13.8 The Seller shall not be liable for non-performance of the Sale and Purchase Agreement and/or non-delivery or delayed delivery of the Goods if this is due to the fault of third parties or to circumstances beyond the Seller’s control and reasonable foreseeability at the time of the conclusion of the Sale and Purchase Agreement, and which the Seller could not have controlled or prevented the occurrence of such circumstances or their consequences (force majeure circumstances). If the said circumstances last for more than 1 (one) month, the parties may terminate the Sale and Purchase Agreement by mutual agreement.
14. FINAL PROVISIONS
14.1 The Terms and Conditions and the Sale and Purchase Agreement, as well as the legal relations between the Buyer and the Seller, are governed by the applicable laws of the Republic of Lithuania and the European Union.
14.2 The Seller shall have the right, at its sole discretion, to change the Terms and Conditions unilaterally, without further notice. The amendments shall come into force from the moment of their placement in the E-Shop and shall be binding on the Buyer wishing to use the E-Shop.
14.3 The information provided by the Seller on the website of the Seller’s E-Shop shall be deemed to have been provided to the Buyer in writing.
14.4 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 notice to the Buyer.
14.5 In the event of disagreements between the Buyer and the Seller, they shall be settled by negotiation. If the parties fail to reach an agreement, disputes shall be finally settled by the procedure established by the laws of the Republic of Lithuania.
14.6 The Buyer-User may submit a request and/or a complaint regarding the goods or services purchased in the E-Shop to the State Consumer Rights Protection Service (SCRPS) (Vilniaus st. 25, 01402 Vilnius, phone 8 5 262 67 51, fax. 8 5 279 1466, e-mail [email protected], website www.vvtat.lt, its territorial units in the districts) or fill in the application form on the electronic platform for consumer dispute resolution, available at http://ec.europa.eu/odr/. This clause does not apply to Business Buyers.
