RULES FOR PURCHASE – SALE OF GOODS
Concepts
1 . The data controller and operator of the modernbeton.eu website (hereinafter – the Data Controller) is UAB “Liski”, company code 30273686, VAT taxpayer code LT100008202611, registered office address Kareivių str. 19-149, LT-09133 Vilnius, Republic of Lithuania, e-mail address – info@modernbeton.eu
2. Buyer – an active natural or legal person who has purchased Goods in the online store modernbeton.eu
3. Parties – Buyer and Seller together.
4. com – online store, at modernbeton.eu
5. Personal data – any information related to a natural person – a data subject whose identity is known or can be directly or indirectly determined using data such as a personal code, one or more physical, physiological, psychological, economic, cultural or social characteristics characteristic of a person signs
6. A product is everything that is sold in the modernbeton.eu online store: accessories, home decoration products and gift vouchers. The terms “goods” and “goods” used separately in the Rules mean both singular and plural.
7. The rules for the purchase and sale of goods (hereinafter – the Rules) regulate the rights and obligations of the Buyer and the Seller, the prices of the Goods, the payment procedure, terms, delivery, the guarantee of the quality of the Goods, the return and exchange of the Goods, and the responsibilities.
8. Privacy policy – a document approved by the Seller, which provides the basic rules for the collection, accumulation, processing, and storage of Personal Data using www.modernbeton.eu
General provisions
9. These Rules for the purchase and sale of Goods, upon their approval by the Buyer (after familiarizing themselves with the Rules and ticking the box next to the statement “I have read and agree to the terms and conditions of the page”), are a binding legal document for the parties, which determine the rights and obligations of the Buyer and the Seller, the Goods the conditions of purchase and payment for them, the procedure for delivery and return of Goods, the responsibility of the parties and other provisions related to the purchase and sale of Goods in the online store.
10. The seller reserves the right to change, amend or supplement the Rules at any time, taking into account the requirements established by legal acts.
11. By approving the Rules, the buyer confirms that he has the right to buy goods in the modernbeton.eu online store.
12. We also inform you that these Rules may be changed in the event of changes in legal regulations. Every time when ordering Goods, we recommend reviewing the Rules so that the Buyer is sure that he fully understands the conditions under which the order will be placed in a specific case.
13. The Buyer must familiarize himself with the Privacy Policy approved by the Seller. The Buyer expresses consent or disagreement with specific ways of using the Buyer’s Personal Data in accordance with the procedure provided for in the Privacy Policy.
14. If the Seller has the right or obligation to provide documents or information to the Buyer by e-mail, in all cases the Buyer is responsible for providing the Seller with a working e-mail address belonging to the Buyer.
Privacy policy
15. UAB Liski, when conducting electronic Commerce, is guided by the Law on Legal Protection of Personal Data of the Republic of Lithuania, the General Data Protection Regulation (EU) 2016/679 and other legal acts that determine the processing, compliance and implementation of Personal Data.
16. The Privacy Policy is an integral part of the Rules.
Goods
17. The images of the Products presented in the online store are of an illustrative nature. Despite the fact that the Seller has made every effort to display the colors of the Goods as accurately as possible, the Seller cannot guarantee that the screen of the Buyer’s device will accurately reflect the colors of the Goods. The Buyer understands that the Goods may differ slightly from their images.
18 The packaging of the goods may differ from the one shown in the images in the online store.
19. All Goods presented in the online store are available to the Buyer. In the event that the ordered Product is no longer available, the Buyer is immediately informed about this by e-mail or other means (call and/or SMS message) and the execution of the order for such Product is terminated.
20. The contract between the Buyer and the Seller is considered to be concluded from the moment when the Buyer, after choosing the Product(s) to be purchased and creating the Shopping Cart, clicks on the “Order” link and when the Seller contacts the Buyer by phone or e-mail. by mail, confirms the order by sending a letter by e-mail by mail about the order confirmation.
21. Each purchase-sale contract concluded between the Buyer and the Seller is registered and stored in the online store database.
Buyer’s rights
22. The buyer has the right to get acquainted with his personal data and the right to demand the correction of incorrect, incomplete, inaccurate personal data by writing an e-mail to email info@modernbeton.eu. In such a case, the Seller must implement the buyer’s request immediately (within 1-2 working days).
23. The buyer can use the right to refuse the contract of purchase and sale of goods only if the goods have not been damaged or their appearance has not fundamentally changed, and they have not been used and remained in their original packaging.
24. The Buyer, who has purchased a Product of inappropriate quality in the online store, has the right to demand from the Seller that the product’s quality is ensured, the price of the product is proportionally reduced, or the sales contract is unilaterally terminated.
25. The seller is responsible to the consumer for any non-compliance with the quality requirements of the goods at the time of delivery of the goods and which became apparent no later than two years after the delivery of the goods.
Obligations of the buyer
26. The Buyer must pay for the Goods and accept them in accordance with the procedure established by these Rules.
27. If the data provided in the Buyer’s order form changes, he must immediately inform the Seller about them.
28. The buyer, using the com online store, undertakes to comply with these Rules, other conditions clearly indicated in the online store and not to violate the laws of the Republic of Lithuania.
Seller’s rights
29. The Seller has the right to determine the minimum size of the Goods basket at his discretion, i.e. i.e. the minimum amount, upon reaching which the Buyer’s order will be executed. The size of this amount can be indicated when viewing the Shopping Cart.
30. If the Buyer tries to harm the stability and security of the online store or violates his obligations, the Seller has the right to immediately and without warning limit or suspend his
ability to use the online store or, in exceptional cases, cancel the Buyer’s registration.
31. In case of important circumstances, the Seller may temporarily or completely stop the operation of the online store without notifying the Buyer in advance. In this case, all accepted and confirmed orders of Buyers are completed and new orders are not accepted.
32. The Seller has the right to cancel the order without notifying the Buyer in advance, if the Buyer does not pay for the Goods after choosing to pay by bank transfer.
33. The Seller can carry out various types of marketing promotions and, with the prior consent of the Buyers, inform them about these promotions by sending information to the contacts specified by the Buyers. The seller also has the right to change the conditions of the marketing promotions in question at any time unilaterally, without separate notice, and to terminate promotions that have already started.
34. The Seller undertakes to deliver the goods to the Buyer no later than within 30 days from the date of conclusion of the contract. If the Seller cannot fulfill the order in a timely and proper manner within 30 days due to important reasons, he undertakes to immediately inform the Buyer about the delay in the delivery of the goods.
Obligations of the seller
35. The Seller undertakes to enable the Buyer to use the services provided by the modernbeton.eu online store under the conditions set out in these Rules and the online store.
36. The Seller undertakes to respect the Buyer’s privacy right to his personal information, i.e. i.e. Personal data specified by the buyer shall be processed in accordance with the procedure established by the legal acts of the Republic of Lithuania.
37. The Seller undertakes to deliver the Goods ordered by the Buyer to the address specified by the Buyer, under the specified conditions.
38. The Seller, unable to deliver the ordered Product to the Buyer due to important circumstances, undertakes to offer an analogous Product or a Product that is as similar in its characteristics as possible. If the Buyer refuses to accept an analogous or similar Product, the Seller undertakes to return the money paid to the Buyer within 7-10 (seven-ten) working days, if prepayment was made, and if the payment was not made – to cancel the order.
39. When the Buyer returns the Goods, the Seller undertakes to return the money paid by the Buyer within 7-10 (seven-ten) working days from the day of returning the Goods to the Seller. Refunds are made using the same payment method that the customer used for the transaction.
Product prices, payment procedure, and terms
40. The prices of goods in the online store and in the formed order are indicated in euros with VAT.
41. The Buyer pays for the Goods in one of the following ways:
42. Using electronic banking;
43. When making a bank transfer;
44. Modernbeton gift voucher;
45. Payment by card;
46. The buyer, paying by bank transfer, undertakes to pay for the Goods immediately. The order will be formed only after his payment. A notification about the progress and fulfillment of the order will be sent to the e-mail specified by the buyer.
47. VAT invoices contain the selected Goods, their quantity, granted discounts, the final price of the Goods, including all taxes, and other data required to be approved by legal acts regulating accounting.
Delivery of goods
48. When ordering the Goods, the Buyer can choose the method of delivery of the Goods, i.e. i.e. use the Goods delivery service provided by the Seller, DPD courier, or courier service.
Delivery of goods to the address specified by the Buyer:
49. The buyer, who has chosen the Goods delivery service during the order, undertakes to specify the exact place of delivery of the Goods.
50. The buyer undertakes to accept the goods himself. In the event that he cannot accept the Goods himself, and the Goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the Goods to the wrong entity.
51. The goods are delivered by the Seller or his authorized representative.
52. The delivery price depends on the delivery method chosen by the Buyer.
53. The seller reserves the right to change the Goods delivery fee and the amount of the purchase, from which delivery is free. Valid rates are indicated in the order creation window so that the Buyer has the opportunity to get acquainted with them before confirming the order.
54. The ordered Goods must be collected no later than within 21 working days, counted from the moment of receipt of confirmation from the Seller that the order is already ready. If the buyer does not collect 55. Goods on time, the Seller reserves the right to cancel the order without warning and return the payment.
56. Goods can only be collected by the person who placed the order or the person indicated at the time of placing the order.
57. The Seller provides the Goods to the Buyer in accordance with the terms specified in the Product Descriptions. These terms are preliminary and do not apply in cases where the Seller does not have the required Goods in stock, and the Buyer is informed of the shortage of the Goods ordered by him. In all cases, the Seller undertakes to deliver the Goods no later than within 30 days from the date of conclusion of the contract. In exceptional cases, the delivery of the Goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case, the Seller undertakes to immediately contact the Buyer and coordinate the terms of delivery of the Goods.
58. The Seller is not responsible for changes in the properties of the Goods that may occur due to temperature changes or other circumstances beyond the Seller’s control when the Goods are delivered to the Buyer. The seller is also not responsible for damage caused during transportation.
59. In cases where the consumer purchase-sale agreement provides for the transportation of items and the Seller sends the items to the Buyer, the risk of accidental loss or damage of the items passes to the Buyer when he or a person designated by him, other than the carrier, accepts the items. If the items are delivered to a carrier chosen by the Buyer and the Seller did not offer such delivery, the risk provided for in this section shall pass to the Buyer when the items are delivered to the carrier.
60. In all cases, the Seller is released from responsibility for the violation of the deadlines for the delivery of the Goods, if the Goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to circumstances beyond the Buyer’s control.
61. During the delivery of the goods to the Buyer, the Buyer must together with the Seller or his authorized representative check the condition of the shipment and the Product(s) and sign the shipment transfer – acceptance document. After the Buyer signs the shipment transfer – acceptance document, it is considered that the shipment has been transferred in a suitable condition, there are no damage to the Goods, the origin of which cannot be attributed to a factory defect, and there are no inconsistencies in the Product(s) configuration (such as can be determined during the external inspection of the Goods). Having noticed that the package of the delivered shipment is damaged (crumpled, wet or otherwise externally damaged), the Product(s) is damaged and/or the Product(s) is not properly assembled, the Buyer must note this in the shipment transfer – acceptance document.
Return and exchange of goods
62. Goods purchased on modernbeton.eu are returned and/or exchanged in accordance with Articles 6.362 and 6.363 of the Civil Code of the Republic of Lithuania, as well as the Government of the Republic of Lithuania of 2014. July 22 “Retail Trade Rules” approved by Resolution No. 738. Plants are non-returnable items.
63. In order to return quality Product(s), the Buyer must notify the Seller in writing by e-mail. by mail info@modernbeton.eu. The goods are returned according to the agreement by postman, via courier or to the address of the office at Kareivius st. 19-149, Vilnius.
64. The Buyer has the right within 14 days from the day of delivery or pick-up of the Goods to return the Goods, whose merchandise appearance and/or packaging is intact, after notifying the Seller in writing.
65. The seller has the right to refuse to accept Goods that have been unpacked after delivery and are unsuitable for return due to health protection or hygiene reasons or the Goods cannot be returned in other cases established by the legislation of the Republic of Lithuania. The Buyer must ensure that the quality, packaging, and compliance with safety and hygiene requirements of the returned Goods do not change.
66. The Seller has the right to refuse to accept the Goods returned or exchanged by the Buyer in the cases provided for in Clause 58 of these Rules, as well as if it is determined that the Goods are damaged, the labels are removed and/or damaged, the protective film is torn off, the packaging is damaged, etc. and/or the Goods have been used.
67. After exercising the right to return goods, the costs for goods the return of which is paid by the Buyer.
68. The Seller is not responsible for the deterioration of the quality of the Goods, if the Buyer or the persons to whom the Buyer transferred the Goods used them for purposes other than those for which such Goods are normally used, did not comply with the requirements specified in the instructions, violated the rules of transportation, storage, use and/or storage of the Goods, also, if there are visible defects in the packaging of the Goods and other external defects, which were not discussed in writing during the handover of the Goods, whether the deterioration in the quality of the Goods is due to the actions of the Buyer or other persons to whom the Buyer handed over the Goods.
69. In all cases, money for returned Goods is transferred by payment order and only to the payer’s bank account. Refunds are made using the same payment instrument that the customer used for the transaction.
Responsibility
70. The buyer is fully responsible for the correctness of the personal data provided by him. If the Buyer does not provide accurate Personal Data, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation from the Buyer for direct losses incurred.
71. The buyer is responsible for the actions performed using this online store.
72. The registered Buyer is responsible for the transfer of his login data to third parties. If the services provided by UAB “Liski” are used by a third person who has connected to the online store using the Buyer’s login data, the Seller considers this person to be the Buyer.
73. The Seller is released from any responsibility in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and his obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
74. If the Seller’s online store contains links to the websites of other companies, institutions, organizations or individuals, the Seller is not responsible for the information or activities carried out there, does not supervise or control those websites, and does not represent those companies and individuals.
Exchange of information
75. The Seller sends all notifications in accordance with the procedure provided in the Rules to the e-mail address provided by the Buyer about the progress and fulfillment of the order.
76. The buyer sends all messages and questions using the means of communication specified in the seller’s online store.
77. As used in the Regulations, the term “in writing” includes e-mails.
Final Provisions
78. These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
79. Relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.
80. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved according to the procedure established by the laws of the Republic of Lithuania, according to the location of the Seller’s headquarters.
81. The Buyer has no right to assign or transfer all or part of the rights and obligations arising from these Rules to a third person or persons without the written consent of the Seller.
82. In the event that the Buyer does not agree with the response prepared by the Seller and forwarded to modernbeton.eu to the Buyer’s written claim, the Buyer (natural person, consumer) may submit his request/complaint regarding the Goods purchased from the Seller at www.modernbeton.eu to the State Consumer Rights Protection Service ( Vilniaus St. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, phone: 85 262 67 51, fax: (85) 279 1466, on the website www.vvtat.lt (also for territorial units of the State Consumer Rights Protection Service in counties) – whether to fill out the application form on the EGS platform https://ec.europa.eu/odr/.