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Rules

1. CONCEPTS

 

1.1. Purchase and sale rules - these remote purchase and sale of goods contracts, which determine the rights and obligations of the Buyer and Seller, the terms of purchase and payment for goods, the order of delivery and return of goods, the responsibilities of the parties and others related to the purchase and sale of goods on the www.daliubaze.lt website store related provisions.

1.2. Online store - an electronic store located on the www.daliubaze.lt website, where the Buyer, both registered and unregistered with the Online Store system, can buy goods offered by the Seller.

1.3. The seller is UAB GYVENIMO JŪRA, registered and operating in accordance with the laws of the Republic of Lithuania, registration no. 302580398, operating at Krymas st. 18-31, LT-78295, Siauliai, internet address www.daliubaze.lt.

1.4. Buyer - a person who meets the requirements set forth in point 2.2 of these Purchase and Sale Rules and has purchased goods in the Online Store.

1.5. Purchase - sale contract - the contract for the purchase - sale of goods concluded between the Buyer and the Seller, which consists of the application for the order of goods, which the Buyer submits to the Seller through the Online Store, and the Purchase and Sale Rules with subsequent changes and additions.

1.6. A third country is a state that is not a member state of the European Union or another state of the European Economic Area.

 

 

2. GENERAL CONDITIONS

 

 

2.1. With this Purchase - Sale Agreement, the Seller undertakes to sell and deliver the goods to the Buyer, and the Buyer undertakes to accept the goods and pay the specified amount of money for it, as well as reimburse delivery costs, pay customs duties (when applicable in the Buyer's country) under the conditions provided by the Purchase and Sale Rules.

2.2. Customers who are registered and not registered with the Online Store system have the right to buy in the Online Store, who are:

2.2.1. able natural persons, i.e. i.e. Persons who have reached the age of 18, whose capacity is not limited by court order;

2.2.2. natural persons between the ages of 14 and 18;

2.2.3. legal entities.

2.3. 2.2.2 of the purchase and sale rules. minors referred to in point 1 have the right to buy in the Online Store only with the consent of their parents, adoptive parents or other authorized persons, except in cases where these persons independently dispose of their earnings or personal funds.

2.4. Trading activities in the online store are carried out from the Republic of Lithuania.

2.5. Together with the order of goods submitted by the Buyer, these Purchase and Sale Rules become the Purchase and Sale Agreement concluded between the Buyer and the Seller and are a binding legal document for both parties.

3. BUYER'S RIGHTS

 

 

3.1. The buyer has the right to purchase goods in the Online Store in accordance with the procedure established by these Purchase and Sale Rules and the Online Store.

3.2. The Buyer has the right to withdraw from the Purchase - Sale Agreement concluded in the Online Store by notifying the Seller in writing no later than 14 (fourteen) calendar days from the day of delivery of the item to the Buyer in accordance with the procedure established by the Civil Code and these Purchase and Sale Rules.

3.3. The right to refuse the concluded Purchase and Sale Agreement does not apply to legal entities and their authorized representatives.

 

 

4. BUYER'S OBLIGATIONS

 

 

4.1. The buyer, who has placed an order in the Online Store, must pay for the goods and accept them in accordance with the procedure established by these Purchase and Sale Rules.

4.2. The buyer undertakes not to transfer his login data to third parties. If the Buyer loses his login data, he must inform the Seller about it no later than within 1 calendar day.

4.3. The Buyer must immediately update the changed data in the Buyer's account information form.

4.4. The buyer, using the services of the Online Store, undertakes to comply with the other conditions of these Purchase and Sale Rules, clearly indicated in the Online Store, and not to violate the legal acts of the Republic of Lithuania.

4.5. The buyer from a third country undertakes to pay the customs duties applicable in his country.

 

 

5. SELLER'S RIGHTS

 

 

5.1. The seller has the right to determine the minimum size of the basket of goods 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 is provided in the Online Store.

5.2. If the Buyer attempts to harm the stability and security of the Online Store or violates the obligations specified in Clause 4 of the Purchase and Sale Rules, the Seller has the right to immediately and without warning limit or suspend the Buyer's access to the Online Store or cancel the Buyer's registration.

5.3. The Seller has the right to temporarily or completely terminate the operation of the Online Store without prior notice to the Buyer.

5.4. The Seller has the right to cancel his order without notifying the Buyer in advance, if the Buyer, having chosen 8.2.1 of the Purchase and Sale Rules, and the payment methods provided in clauses 8.2.2, does not pay for the goods within 3 (three) working days.

6. SELLER'S OBLIGATIONS

6.1. The Seller undertakes to enable the Buyer to use the services provided by the Online Store (register in the Online Store system, create a basket of goods in the Online Store, place an order, pay for the order, send the goods specified in the order) in accordance with these Purchase and Sale Rules and the conditions set in the Online Store.

6.2. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions specified in Clause 9 of the Purchase and Sale Rules.

 

6.3. The Seller, unable to deliver the ordered goods to the Buyer, undertakes to offer the Buyer an analogous or as similar as possible product. If the Buyer refuses to accept an analogous or similar product, the Seller undertakes to return the money paid by the Buyer for the goods within 5 (five) working days, if the Buyer has made an advance payment for the goods.

7. REGISTRATION OF THE BUYER AND CONCLUSION OF THE PURCHASE - SALE AGREEMENT

 

 

7.1. The buyer can buy goods in the online store after registering in the online store system at the web address www.daliubaze.lt, or without registering in the online store system according to the Rules presented on this website.

7.2. The contract between the Buyer and the Seller is considered concluded from the moment when the Buyer, after selecting the purchased product(s) and creating a shopping cart, specifying the required information in the order form and choosing the payment method, confirms the order by pressing the "Continue" button.

7.3. Each Purchase and Sale Agreement concluded between the Buyer and the Seller is registered and stored in the Online Store database. The Buyer who has created an account in the Online Store has the opportunity to view the purchase history after logging into the Online Store system.

 

 

8. PRICES OF GOODS, PAYMENT PROCEDURES AND TERMS

 

 

8.1. The goods sold in the online store are indicated together with their selling price. The prices of goods in the online store and in the formed order are indicated in euros with VAT. For buyers - participants of the loyalty program, the prices of the goods are shown already with a discount applied to them. The price of the goods does not include the costs of goods delivery, customs duties applicable in the Buyer's country. The cost of delivery of the goods is paid by the Buyer, who has chosen a specific method of delivery of the goods. Delivery costs are indicated in euros in the order form.

8.2. The buyer can pay for the goods in one of the following ways:

8.2.1. using electronic banking - when advance payment is made using the electronic banking system used by the Buyer. For a buyer who has an electronic banking contract, when paying for goods in this way, a payment is generated in the electronic banking system according to the order he is paying for. The Buyer transfers the money to the Online Store account in the bank of his choice. The responsibility for data security in this case rests with the respective bank, since all monetary transactions take place in the bank's electronic banking system;

8.2.2. paying for the product at the time of collection of the product - this is a payment when the Buyer makes the payment to the employee of the courier service who delivered the product, or when the Buyer arrives at the selected store.

8.3. Buyer from abroad and Buyer who has chosen 9.1.2 of the Purchase and Sale Rules. the delivery method specified in point 8.2.1 of the Purchase and Sale Rules can only pay for the ordered goods. and 8.2.2. by means of payment specified in clauses.

8.4. If the buyer chooses 8.2.1 of the Purchase and Sale Rules. and 8.2.2. the payment methods provided in clauses, the Buyer undertakes to make advance payment for the goods. If the buyer chooses 8.2.1 and 8.2.2 of the Purchase and Sale Rules. methods of payment for the goods specified in points, the goods parcel begins to be formed and the term of delivery of the goods begins to be calculated from the day the payment is credited to the Seller's account. After the buyer chooses 8.2.3 of the Purchase and Sale Rules. the method of payment for the goods provided for in point, the goods parcel starts to be formed and the delivery term is calculated from the date of receipt of the Buyer's order.

8.5. The Seller is not responsible for the execution and timely crediting of payment orders in accordance with Clause 8.2.1 of these Purchase and Sale Rules to the Seller's account.

 

8.6. The buyer is informed about the order fulfillment deadline by e-mail.

9. DELIVERY OF GOODS

 

 

9.1. When ordering goods, the buyer must specify in the application:

9.1.1. the place of delivery of the goods, when the goods are delivered to the Buyer through a courier service;

9.1.2. Omniva terminal, when the Buyer indicates that he will pick up the product at the specified terminal;

9.1.3. UAB GYVENIMO JŪRA warehouse in Šiauliai, when the Buyer indicates that he will pick up the product at the specified store.

9.2. If the Buyer chooses to collect the goods, 9.1.3 of the Purchase and Sale Rules. point, when the goods are sent to the warehouse of his choice, the Buyer is informed by SMS message. If the Buyer chooses to collect the goods, 9.1.2 of the Purchase and Sale Rules. point, when the goods are sent to the Omniva terminal of his choice, the Buyer is informed by SMS message with the specified code, which, after specifying it in the Omniva terminal, the Buyer independently collects the goods from the terminal, following the terminal's instructions.

9.3. The goods are delivered to the person specified in the order form. In the event that the specified person cannot accept the goods, and the goods were delivered to the address specified by the Buyer 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 or other delivery discrepancies.

9.4. The goods are delivered by the Seller or his authorized representative. Before delivering the goods, the Seller or his authorized representative contacts the Buyer and once again specifies the conditions of delivery (place and time of delivery, person collecting the goods).

9.5. The goods are delivered to the Buyer within the term individually agreed between the carrier and the Buyer. The Carrier contacts the Buyer using the telephone number provided by the Buyer in the order form. The Buyer agrees that in case of unforeseen circumstances beyond the control of the Seller, the term of delivery of the goods may differ from the term of delivery of the goods discussed between the Buyer and the carrier. Under the aforementioned circumstances, the carrier immediately contacts the Buyer and re-arranges the delivery date and other delivery-related issues.

9.6. In cases where the necessary goods are not available in the Seller's warehouse, the Buyer is informed about the shortage of the ordered goods and the terms of delivery of the goods.

9.7. In all cases, the Seller is released from responsibility for the violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the fault of the Buyer or due to force majeure circumstances.

9.8. During the delivery of the goods, the goods are handed over to the Buyer by handing over an invoice - invoice (bill of lading) or another document marking the delivery - acceptance of the shipment.

9.9. During the delivery of the goods, the Buyer must check the condition of the shipment together with the Seller or his authorized representative. After the buyer signs the invoice - invoice (waybill) or other document indicating the delivery - acceptance of the shipment, it is considered that the shipment has been delivered in proper condition. Having noticed that the package of the delivered package is damaged (crumpled, wet or otherwise externally damaged), the Buyer must note this in the invoice - invoice (waybill) or other document marking the delivery - acceptance of the package and, in the presence of the Seller or his representative, draw up a free-form package violation act . If the Buyer does not write a free-form shipment violation act in the above procedure, the Seller is exempted from responsibility towards the Buyer for product damages, if such violations were caused by packaging damages or occurred at the time of their occurrence.

9.10. Delivery (transportation) service fee: for delivery in Lithuania (except the Curonian Spit) – 3.50€, for delivery to the Curonian Spit – 35€. When delivering goods to other countries, the shipping fee is calculated according to the rates set by the courier.

9.11. When delivering goods outside of Lithuania, the price of goods delivery is negotiated separately by contacting UAB GYVENIMO JŪRA administration.

 

9.12. When delivering goods to third countries, the Buyer must pay customs duties, if they are applicable in the Buyer's country, and perform the customs procedures applicable in the Buyer's country.

10. GUARANTEE OF GOOD QUALITY AND TERM OF SUITABILITY FOR USE

 

 

10.1. The characteristics of each product sold in the Online Store are indicated in the product description, available on the website www.daliubaze.lt.

10.2. The seller is not responsible for the fact that the color, shape or other parameters of the goods in the online store may not correspond to the real size, shape and color of the goods due to the characteristics of the display used by the Buyer.

10.3. The seller provides a product quality guarantee, the term of which is 1 (one) year.

10.4. In the event that the Seller does not provide a product quality guarantee for certain types of goods, the quality guarantee for such goods provided by legal acts shall apply.

10.5. The Seller takes care of the warranty maintenance services of the goods.

10.6. In cases where legal acts determine the expiration date of the goods for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a real opportunity to use such goods before the end of the expiration date.

10.7 The product warranty is applicable only in cases where the buyer installs the parts in a car service and has documents proving this - VAT invoice - invoice, document proving payment. If the following information is not entered in the VAT invoice - the invoice: car make, model, year of manufacture, engine type, cubic capacity, body number, mileage, the customer must additionally submit a statement from the car service with this information. The product warranty does not apply if the parts have been installed by yourself or by an unqualified person. 10.8 UAB GYVENIMO JŪRA undertakes within 6 months from the submission of the necessary data and the defective part to assess the applicability of the warranty and provide a conclusion to the customer.

 

11. RETURN AND EXCHANGE OF GOODS DUE TO IMPROPER QUALITY

 

 

11.1. Defects in sold goods are removed, low-quality goods are exchanged and returned in accordance with the Retail Trade Rules, approved by the Government of the Republic of Lithuania in 2014. July 22 by resolution no. 738 "On the Government of the Republic of Lithuania in 2001 June 11 resolution no. 697 "On approval of retail trade rules" amendment.

11.2. When returning goods to the buyer in the case specified in point 11.1 of the Purchase and Sale Rules, the following conditions must be observed:

11.2.1. it is desirable, but not mandatory, that the returned product is in its original, neat packaging, except in cases where the product is returned due to non-conformity.

11.2.2. the returned item must be in the same configuration as the one received by the Buyer;

11.2.3. the returned product must be clean, without mounting signs;

11.2.4. the warranty period of the returned product must not have expired;

 

11.2.5. a written request is submitted indicating one selected request from among the possible: free of charge removal of product defects, free replacement of a product of inadequate quality with a product of suitable quality, reduction of the price of the product in accordance with product defects, unilateral termination of the contract and return of the price paid for the product;

11.2.6. a document confirming the purchase of the goods is submitted (receipt, invoice, document confirming the acceptance of the goods).

11.3. The costs of sending/delivery of the goods, when the Buyer sends the goods to the Seller for return or exchange due to defects in the goods or to remove or check the defects, shall be paid by the Seller, in the event that defects are found in the goods sent for return or replacement. If no defects are found in the goods, shipping costs are paid by the Buyer. In case of exchange of goods for another size, color or model, re-delivery is free. The Buyer and the Seller agree on the repeated delivery or collection of the goods by e-mail or telephone.

11.4. In order to replace the returned goods with other goods, the buyer must specify the desired goods and the reasons for which these goods are being returned in the Online Store system in point 12.2 of the Purchase and Sale Rules. If the value of the replaced product is higher than the value of the returned product, the Buyer pays the price difference in one of the ways specified in Chapter 8 of the Purchase and Sale Rules. If the value of the replaced product is lower than the value of the returned product, the Seller returns the price difference to the Buyer.

 

 

12. RETURN OF GOODS DUE TO WITHDRAWAL OF CONTRACT

 

 

12.1. The buyer - a natural person has the right to withdraw from the contract within fourteen days, without giving a reason and incurring costs other than those specified in Article 6.22811 of the Civil Code, with the exception of the exceptions provided for in Article 6.22810, Part 2 of the Civil Code. The Seller does not grant such right to the buyer - a legal entity.

12.2. The Buyer's right to withdraw from the concluded contract does not apply to the following contracts: service contracts, according to which the services are fully provided to the Buyer, if the Buyer's express consent and recognition that he will lose the right to withdraw from the contract when the Seller fully fulfills the contract was obtained before the provision of services; for contracts for goods manufactured according to the Buyer's special instructions, which are not pre-manufactured and which are manufactured in accordance with the Buyer's personal choice or instruction, or for goods that are clearly adapted to the Buyer's personal needs; for contracts for perishable goods or goods with a short shelf life; for contracts for packaged goods that have been unpacked after delivery and are unsuitable for return due to health protection or hygiene reasons; for contracts for packaged video or audio or packaged software that has been unpacked after delivery; contracts for the delivery of newspapers, periodicals or magazines, except for contracts for the subscription of these publications; for contracts for the provision of digital content, if the provision of digital content has been started with the Buyer's prior express consent and acknowledgment that as a result he will lose the right to withdraw from the contract.

12.3. In order to return the product in the case specified in point 12.1 of the Purchase and Sale Rules, the buyer must submit a clear decision to the e-mail address info@daliubaze.lt. In the "Subject" line of the e-mail, the Buyer must indicate the VAT invoice number for the purchase of the goods and the attachment "Returned goods". When returning the product, it is necessary to submit a copy of the document confirming its purchase (VAT invoice - invoice). (the procedure for returning goods from another online store is provided)

12.4. When returning goods to the buyer after the termination of the Purchase and Sale Agreement, it is necessary to comply with the following conditions:

12.4.1. the returned product has not been used;

12.4.2. the returned item was not damaged;

12.4.3. the returned product is in its original and undamaged packaging, except for changes to the appearance of the packaging that were necessary to inspect the product.

 

 

The customer is not allowed to write or stick delivery-related stickers on the original packaging. The customer must use additional plastic wrap or pack the returned item in an additional box before affixing a label or writing on this package.

12.4.4. the original label has not been removed from the returned item;

12.4.5. the returned item is the same set as the buyer received;

12.4.6. the returned item must not have lost its merchandise appearance due to the Buyer's fault (except for changes in appearance that are unavoidable in order to inspect the item). The seller informs the buyer by e-mail within 14 days about whether the returned product met the conditions listed above.

12.5. The Seller, upon receiving the Buyer's statement referred to in point 12.1 of the Purchase and Sale Rules, must immediately confirm on a durable medium to the Buyer that he has received his cancellation of the Purchase and Sale Agreement. The Buyer is responsible for proving that he/she has complied with the requirements for the withdrawal of the contract.

12.6. The term of withdrawal from the purchase and sale agreement expires after fourteen days: when the Purchase and Sale Agreement is concluded, - from the day on which the Buyer or a person specified by the Buyer, excluding the carrier, receives the ordered goods or: if the Buyer has ordered more than one item in one order and the goods are delivered separately, - from the day on which the Buyer or a person specified by the Buyer, excluding the carrier, receives the last product; if the goods are delivered in different batches or parts, - from the day on which the Buyer or a person designated by the Buyer, except for the carrier, receives the last batch or part.

12.7. The Buyer is responsible for proving that he has complied with the legal requirements for contract cancellation.

12.8. After the buyer has implemented 12.1. the right to withdraw from the contract referred to in paragraph 1, the obligations of the parties to perform a distance contract or a contract concluded off-premises or to conclude a distance contract or a contract off-premises, if the Buyer had submitted an offer to conclude it, ends.

12.9. The Seller shall immediately and no later than within fourteen days from the day on which he received the Buyer's notice of withdrawal from the contract, return to the Buyer all amounts paid by the Buyer, including the costs of delivery of the goods paid by the Buyer. When returning all amounts paid to the Buyer, the Seller must use the same payment method that the Buyer used to pay the Seller, unless the Buyer has expressly agreed to a different method and if the Buyer does not incur any additional costs.

12.10. In cases where the Buyer returns only one or several, but not all of the delivered goods, the delivery costs are not refunded to him if the delivery amount does not depend on the quantity, value or other characteristics of the delivered goods. In cases where the delivery amount depends on the quantity, value or other characteristics of the delivered goods, the part of the delivery fee by which the delivery fee has increased compared to the one that the Buyer would have had to pay without ordering the returned item(s) shall be returned to the buyer.

12.11. The Seller is not obliged to reimburse the Buyer for additional costs incurred due to the fact that the Buyer has clearly chosen another than the cheapest conventional delivery method offered by the Seller.

12.12. The Seller may withhold refunds to the Buyer until the goods are returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first. The Buyer is informed by e-mail that the Seller has received the returned goods.

12.13. The buyer must send or hand over the goods to the seller or another person authorized by him immediately and no later than within fourteen days from the day of submitting the notice of withdrawal to the seller. If the Buyer exercises the right to withdraw from the contract, the Buyer bears the direct costs of returning the goods.

12.14. If the product was delivered to the Buyer's place of residence at the time of conclusion of the contract outside the trading premises, if the Buyer withdraws from the contract, the Seller must collect the product at his own expense, when due to the nature of the product, it cannot be returned normally by post.

 

12.15. The buyer is only responsible for the decrease in the value of the goods, caused by actions that are not necessary to determine the nature, characteristics and functioning of the goods. The Buyer is not responsible for the decrease in the value of the goods, if the Seller has not provided the Buyer with information about the right to withdraw from the contract in accordance with Article 6.2287, Part 1, Clause 7 of the Civil Code.

12.16. After the Buyer exercises the right to refuse the concluded contract, additional contracts are automatically terminated without any costs to the Buyer, except for the costs provided for in this article or in Article 6.22812 of the Civil Code. Additional contracts are contracts under which the Buyer purchases goods or services related to the concluded contract, and those goods are supplied or services are provided by the Seller or another person in accordance with the agreement with the Seller. The buyer must immediately notify the other party of the contract in writing about the termination of the additional contract and provide data on the cancellation of the distance contract or the contract concluded off-premises. A separate notice from the Buyer is not required in cases where the additional contract was concluded with the same Seller who was notified of the contract cancellation in accordance with Article 6.22810 of the Civil Code.

 

ELECTRICAL GOODS AND BATTERIES ARE NOT RETURNABLE.

 

13. LIABILITY

 

 

13.1. The buyer is responsible for the correctness of the data provided in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not responsible for the resulting consequences.

13.2. The buyer is responsible for actions performed using the Online Store system.

13.3. The buyer is responsible for the transfer of his login data to third parties. If the services provided by the Online Store are used by a third person, using the Buyer's login data to log in to the Online Store, the Seller considers this person to be the Buyer.

13.4. The Seller is released from any responsibility in cases where the Buyer, regardless of the Seller's recommendations and his obligations, did not familiarize himself with the Purchase and Sale Rules, although such an opportunity was given to the Buyer.

13.5. The seller is not responsible for customs procedures in third countries, i.e. The seller is not affected by customs work deadlines, as well as customs fees or other customs-related third-party fees. The buyer must assess the additional time costs, financial costs that may arise from sending the goods to a third party.

13.6. If the Buyer does not pay the customs fee and for this reason cannot collect or receive the goods, the Seller is considered to have properly executed the sales contract.

13.7. The seller is not responsible for the links in the online store to the websites of other companies, institutions, organizations or individuals, for the information contained in them or for the activities carried out. The seller does not maintain or control the above-mentioned websites and does not represent those companies, institutions, organizations and individuals.

13.8. In case of non-fulfillment of the purchase and sale contract or improper performance of the contract, the guilty party compensates the other party for direct losses, i.e. the costs incurred by the guilty party due to the actions of the guilty party.

 

 

14. FINAL PROVISIONS

 

 

14.1. Communication between the Buyer and the Seller, including, but not limited to, messages, correspondence, takes place in written form. Notices sent by e-mail are also treated as notices in written form. An e-mail notification is considered received when 96 hours have passed from the moment it was sent.

14.2. The seller reserves the right to change, amend or supplement the Purchase and Sale Rules at any time, taking into account the requirements established by legal acts. The Buyer registered in the Online Store system is informed about any changes, corrections or additions during login. The buyer who buys goods in the electronic store agrees with the amended, amended, supplemented Rules of Purchase submission. The Buyer's consent is expressed by submitting the order to the Seller. The possibility to purchase goods in the Online Store is provided only to Buyers who agree to the valid Purchase and Sale Rules.

 

14.3. Disputes related to the purchase and sale of goods in the online store are resolved through negotiations. If it is not possible to reach an agreement through negotiations, the disputes are resolved in the court of the Republic of Lithuania, guided by the law of the Republic of Lithuania.

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