E-COMMERCE RULES OF Triturus UAB
E-COMMERCE RULES OF Triturus UAB
The present purchase and sale rules (hereinafter referred to as the “Rules”) shall establish the mutual rights, duties and liability of the person purchasing goods in the e-store at www.Triturus-fishing.com (hereinafter referred to as the “Purchaser”) and Triturus UAB (hereinafter referred to as the “Seller”) when the Purchaser purchases goods in the e-store. The present E-commerce Rules (hereinafter referred to as the “Rules”) shall constitute a binding and integral part of the purchase-sale contract. By purchasing goods in the e-store the Purchaser shall agree with application hereof.
1. The e-store services may be used by the following persons:
1.1. capable natural persons over 18 years of age;
1.2. minor persons from 15 to 18 year old who have been granted a consent of their parents, foster parents or guardians, except for the cases when they independently dispose of their earnings or scholarship;
1.3. legal persons;
1.4. authorised representatives of all afore-mentioned persons.
2. If the Purchaser is willing to use the e-store services, he/she must register in the e-store. Registration shall be deemed to be completed and valid when the Purchaser provides his/her personal information, familiarises with the present Rules, confirms compliance therewith and moves to further actions by electronic means.
3. The personal details (name, surname, address, telephone, e-mail address) provided by the Purchaser while registered in the e-store shall be stored and processed in accordance with the Republic of Lithuania Law on Legal Protection of Personal Data No IX-1296 dated 21 January 2003 and the present Rules.
4. The prices of goods indicated in the e-store product catalogue shall be valid only in case of purchasing goods in the e-store. The indicated prices of goods in the e-store shall include VAT. The prices of delivery shall not be included and be specified separately when forming an order. The delivery price shall be clearly indicated to the Purchaser prior to confirmation of the order and distinguished in the order confirmation.
5. A purchase-sale contract between the Purchaser and the Seller shall be deemed to be concluded from the moment when the Purchaser forms a basket of goods, indicates the address of delivery, chooses the method of payment and familiarises with the present Rules (having read the Rules, clicks on the button “I accept the Rules”) at the e-store and clicks on the button “Order” and shall be valid till full performance of obligations hereunder. In cases where the Purchaser does not accept all Rules or any part thereof, he/she may not place his/her order. Each contract concluded between the Purchaser and the Seller shall be stored in the database at www.anglerszone.eu.
6. The Purchaser shall be entitled to purchase goods in the e-store in accordance with the present Rules and the legislation of the Republic of Lithuania.
7. The Purchaser (customer) shall be entitled to withdraw from the contract for purchase and sale of goods concluded with the Seller in the e-store without specifying the reason (except for the below cases) by notifying the Seller within 14 days from the date of delivery of the good.
8. The right of the Purchaser (customer) to withdraw from the contract for purchase and sale of goods concluded with the Seller shall not be applied in case of the following contracts:
8.1. contracts concerning the goods produced according to special instructions of the customer which have not been produced in advance and which are produced taking into consideration personal choice or instruction of the customer or contracts concerning the goods which are clearly tailored to the personal needs of the particular customer;
8.2. contracts concerning packaged goods which have been unpacked after delivery and which cannot be returned for health protection or hygiene reasons (e.g. underwear);
8.3. contracts concerning packaged video or audio records or packaged software which have been unpackaged after delivery or the package of which has been damaged;
8.5. The Purchaser shall not be entitled to withdraw from the contract if he/she has damaged the good or the appearance of the good has substantially changed. Changes in the appearance of the package which were necessary for examination of the received good shall not be considered as material changes in the appearance of the good.
9. The Purchaser shall be obliged to pay the price of goods and delivery thereof as well as other charges (if such charges were indicated when entering into the contract) and accept the ordered goods.
10. The Purchaser shall be obliged to provide his/her detailed and correct data in the e-store registration form. In the event of a change in the details provided in the Purchaser’s registration form, the Purchaser shall be obliged to immediately update them.
11. Should the Purchaser fail to update his/her personal data in a timely manner, he/she shall assume all arising risk.
12. The Purchaser shall undertake not to transfer his/her registration and login data to any third parties. Should the Purchaser lose his/her login data, he/she shall be obliged to immediately notify the Seller by e-mail address firstname.lastname@example.org. The Seller shall not be liable for the actions of third parties who use the Purchaser’s login data prior to the moment of notifying the Seller of the loss of his/her login data.
13. The Purchaser shall be obliged to comply with other requirements set forth in the Rules and legislation of the Republic of Lithuania.
14. If the Purchaser attempts to affect work or stable operation of the e-store, the Seller shall be entitled to restrict or suspend (terminate) the possibility for him to use the e-store without prior notice and shall not be liable for any related losses incurred by the Purchaser.
15. The Seller shall be entitled to unilaterally amend the present Rules by publishing them on the website of the e-store. The amendments shall become valid to all entered into transactions as of the moment of publication thereof.
16. The Seller shall have other rights provided for in the Rules and the legislation of the Republic of Lithuania.
17. The Seller shall undertake to provide the Purchaser with a possibility to use the services rendered in the e-store.
18. If the Seller cannot deliver an ordered good to the Purchaser due to a temporary shortage of the goods, the Seller shall undertake to offer an analogous good to the Purchaser. If the Purchaser refuses to accept (purchase) an analogous good, the Seller shall undertake to repay the paid money within 3 (three) working days.
19. The Seller shall undertake to observe the requirements set forth herein.
20. The Purchaser shall guarantee the quality of the goods.
21. The Purchase may settle accounts for the goods as follows:
21.1. using the internet banking systems;
21.2. by an advance bank transfer;
22. The goods shall be delivered by transport companies, courier services or post office at the Purchaser’s cost.
23. After payment for the goods in the ways referred to in Paragraphs 21.1. and 21.2. hereof, the goods available in the Seller’s storehouses shall be delivered within 1-7 (seven) working days from payment for the goods and transportation thereof in the territory of the Republic of Lithuania and within 7-14 working days in foreign states.
24. In case of choosing the method of payment for the goods referred to in Paragraph 21.3 hereof, the goods available in the Seller’s storehouses shall be delivered within 1-7 (seven) working days from the moment of confirmation of the Purchaser’s order for goods in the territory of the Republic of Lithuania.
25. At the moment of delivery of a consignment the Purchaser or the Purchaser’s representative shall be obliged to examine the condition of the package of the consignment, the quantity, quality and range of the goods together with the representative of the company which delivered the goods.
26. In the event of noticing damage to the package of the consignment, discrepancy(ies) in the quantity, quality or range of the goods, the Purchaser or the Purchaser’s representative must not accept the consignment. In such case, the representative of the company who delivered the goods and the Purchaser or the Purchaser’s representative shall fill in a special consignment examination certificate stating the detected damages.
27. If the delivered goods are accepted not by the Purchaser, the Purchaser shall be obliged to provide the details of the person who shall accept the goods by filling in information on delivery of the order.
28. The Purchaser may not order the service of delivery of the goods and collect the purchased goods by himself/herself in the Seller’s storehouse (store) at the address J. Jasinskio St. 17, LT-01111 Vilnius.
29. All goods shall be subject to the warranty periods established by the producers or in the legislation of the Republic of Lithuania.
30. Should the Purchaser purchase a good of improper quality, he/she shall be entitled to demand, at his/her own choice:
31.1. to replace the thing of unsatisfactory quality by the thing of satisfactory quality
31.2. to reduce the purchasing price of the thing;
31.3. that the Seller eliminated the defects in the sold thing within a reasonable time limit;
31.4. to restore the paid price and repudiate the contract.
32. The Purchaser (customer) shall be entitled to withdraw from the contract for purchase and sale of the good without specifying the reason by notifying the Seller in writing within 14 days from the delivery of the good under the following terms and conditions:
33.1. The Purchaser shall be obliged to return the goods to the Seller at its own cost alongside with the statement of withdrawal from the purchase-sale contract;
33.2 The good must be returned in the original package of the good and consignment without failures and damages (including the manual and warranty card provided that they were provided with the good). In case of return of the good, it shall be necessary to provide the VAT invoice received by the Purchaser together with the consignment or another document evidencing purchase from the Purchaser and the signed document evidencing withdrawal from the purchase-sale contract;
33.3. Batching of the returned good shall fall within the responsibility of the Purchaser. If the good is not batched, is damaged or the appearance of the good has materially changed, the Seller shall be entitled not to accept the returned good. Changes in the appearance of the package which were necessary for examination of the received good shall not be considered as material changes in the appearance of the good.
34. The Seller shall examine the good being returned and accept it if the returned good meets the requirements set therefor. Having accepted the good, the Seller shall return the price of the good to the Purchaser not later than within 4 working days from the moment of acceptance of the returned good.
35. In case of returning a good of unsatisfactory quality, the Seller shall undertake to accept the good of unsatisfactory quality and replace it with the good of satisfactory quality. The Seller shall return the paid price of the good to the Purchaser not later than within 3 working days from the date of return of the good of unsatisfactory quality.
36. The Purchaser shall be liable for the accuracy of the data provided in the registration form. The Purchaser shall assume liability for the consequences arising out of false or inaccurate data provided in the registration form.
37. The parties shall be liable for a breach of the purchase-sale contract concluded with a view to using the e-store in accordance with the procedure prescribed in the legislation of the Republic of Lithuania.
38. Following the provisions of Article 8 paragraph 3 of the Republic of Lithuania Law on Electronic Signature, the Purchaser and the Seller shall agree that conformation of the Purchaser’s actions in the e-store by the data of login to the e-store (identification code) have the legal power of the electronic signature established in Article 8 paragraph 1 of the Law on Electronic Signature (i.e. have the same legal power as a signature put in written documents and shall be allowed as a means of proof in court). The Purchaser shall be obliged to retain his/her data of login to the e-store and not to disclose it, ensure that the data was available only to him/her and that only he/she could use such data, not to transfer and do not otherwise provide other persons with a possibility to familiarise with such data or use such data. In case of any suspicion that the login data could be found out by another person, it shall be necessary to immediately notify the Seller of a breach or publicity of the data of login to the e-store. All actions carried out using the Purchaser’s identification code shall be deemed to be carried out by the Purchaser and the Purchaser shall assume all liability for the consequences of such actions.
39. The Purchaser shall not be liable for any information provided on the websites of other companies even if the Purchaser accesses such websites through the links available in the Seller’s e-store.
40. The Seller shall not be liable for non-conformity of the colour, form or other parameters of the good provided in the e-store with the real size, forms and colour of the goods due to the characteristics of the monitor used by the Purchaser.
41. Having registered in the e-store, the Purchaser shall confirm that he/she and/or his/her representatives agree to furnish the Seller with his/her personal data specified herein and the registration form and shall not object that the Seller processed the personal data provided by the Purchaser and/or his/her representatives for the purposes of e-commerce.
42. Having registered in the e-store, the Purchaser shall confirm that he/she and/or his/her representatives agree that the personal data of the Purchaser and/or his/her representatives provided by the Purchaser and/or his/her representatives was provided to the third parties chosen by the Seller so that they could process the data for the purposes of e-commerce as described in the below paragraph.
43. Having registered in the e-store, the Purchaser shall confirm that he/she and/or his/her representatives agree to produce one of the following identity documents to the Seller and/or third party who delivers the goods at the Seller’s instruction at the place of collection of the goods: passport, identity card or driving licence of new example in order to duly identify the Purchaser and/or his representatives for the purposes of e-commerce. The Purchaser shall also certify that he/she and/or his/her representatives agree that at the moment of collection of the goods in the place of collection of the goods the Seller and/or third party who delivers the goods upon the instruction of the Seller put down the details of the document identifying the Purchaser and/or his/her representative and processed the data (including, but not limited to passing of data to the Seller) for the purposes of e-commerce.
44. Having registered in the e-store the Purchaser shall confirm that he/she and/or his/her representatives agree that after provision of personal data of the Purchaser and/or his/her representatives provided to the Seller the data was processed by the Seller for the purposes of direct marketing. The Seller shall state that it shall not process the identification number of the Purchaser (if he/she is a natural person) and his/her representatives for the purposes of direct marketing.
45. Having registered in the e-store, the Purchaser shall certify that he/she and/or his/her representatives have been informed of their right to access their personal data processed by the Seller and find out how the data is processed, request to correct, destroy their personal data or suspend their personal data processing actions where the data is processed not in accordance with the provisions set forth in the laws, not to agree that their personal data was processed for any purposes.
46. Having registered in the e-store, the Purchaser shall confirm that he/she and/or his/her representatives are aware of their right to refuse to provide their personal data, but understand that their personal data is necessary and obligatory for the purposes of unambiguous identification of the Purchaser and/or his/her representatives for the purposes of e-commerce and in the event of a failure to provide personal data and/or agree that the data was processed for the purposes of e-commerce, the Purchaser shall not be allowed to enter into and/or execute the contract.
47. The Seller shall send all notices to the e-mail address indicated in the Purchaser’s registration form.
48. The Purchaser shall send all notices and enquiries to the address indicated in the section “Contacts” of the Seller’s e-store.
49. The Seller shall reserve the right to suspend the validity of and at its own discretion supplement, amend the present Rules and other documents in relation hereto by notifying the Purchaser in the e-store. The supplements or amendments hereto shall come into force as of the date of publication thereof, i.e. the date when such supplements or amendments are published in the e-store system.
50. If the Purchaser disagrees with the new version of the Rules, supplements or amendments thereto, he/she shall be deprived of the right to use the e-store services.
51. If after amendments hereto the Purchaser further uses the services provided in the e-store, it shall be considered that the Purchaser agrees with the new version of the Rules, amendments or supplements thereto.
52. The present Rules shall not restrict the rights of the Purchaser (consumer) set forth in the legislation of the Republic of Lithuania including the rights exercisable in case of purchasing a good or service of unsatisfactory quality.
53. All disagreements over compliance with the present Rules shall be resolved by negotiations. In the event of a failure to reach an agreement within 30 (thirty) days, the disagreements shall be resolved in accordance with the procedure prescribed in the laws of the Republic of Lithuania.
54. The present Rules shall be subject to the law of the Republic of Lithuania.