1. DEFINITIONS
1.1.Purchase and sale rules - remote purchase and sale conditions, that determine the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for goods, delivery and return procedures, parties' liability and everything related to the Online store.
1.2. Online store - an electronic store on the website www.eapt-24.com, where the Buyer, having registered and not registered with the Online store system, can buy the goods offered by the Seller.
1.3. Seller – UAB “MAXAUTO BALTIC”, registered and operating in accordance with the laws of the Republic of Lithuania, registration no. 301753566, operating at the address Rieses str. 2, Riese, Vilnius district, Lithuania, LT-14266.
1.4. Buyer - a person who meets the requirements provided for in Clause 2.2 of these Purchase and Sale Rules and has purchased goods in the Online Store.
1.5.Purchase and Sale Agreement - a purchase and sale agreement concluded between the Buyer and the Seller, consisting of an application for ordering goods, which the Buyer submits to the Seller through the Online Store, and the Purchase and Sale Rules with subsequent amendments and additions.
1.6. A third country is a state that is not a member of the European Union or another state of the European Economic Area.
2. GENERAL CONDITIONS
2.1. Under this Purchase and 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 and reimburse delivery costs, pay customs duties (when applicable in the Buyer's country) under the terms of the Purchase Sale Rules.
2.2. Customers who have registered and have not registered with the Online Store system, who are:
2.2.1. Persons over the age of 18 whose capacity is not restricted by court order.
2.2.2. Persons from 14 to 18 years of age.
2.2.3. Legal entities.
2.3. Purchase and sale rules 2.2.2. Minors referred to in paragraph have the right to buy in the Online Store only with the consent of parents, adoptive parents or other authorized persons, unless 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 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 and Sale Agreement concluded in the Online Store by notifying the Seller in writing no later than within 14 (fourteen) calendar days from the date of delivery to the Buyer in accordance with the Civil Code and these Purchase and Sale Rules.
3.3. The right to withdraw from the concluded Purchase and Sale Agreement does not apply to legal entities and their authorized representatives.
4. BUYER OBLIGATIONS
4.1. The Buyer, having 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 pass on his login details to third parties. If the Buyer loses the 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. By using the services of the Online Store, the Buyer undertakes to comply with the other conditions of these Purchase and Sale Rules, which are clearly indicated in the Online Store, and not to violate the legal acts of the Republic of Lithuania.
4.5. The buyer from the third country undertakes to pay the customs duties applicable in his country.
5. SELLER RIGHTS
5.1. The seller has the right to set the minimum size of the shopping cart at his own discretion, i. y. the minimum amount at which the Buyer's order will be executed. The amount of this amount is available in the online store.
5.2. If the Buyer tries to damage the stability and security of the Online Store or violates the obligations specified in Clause 4 of the Purchase Sale Rules, the Seller has the right to immediately and without notice restrict 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 permanently terminate the activities of the Online Store without notifying the Buyer in advance.
5.4. The Seller has the right to cancel his order without notifying the Buyer in advance, if the Buyer, having chosen payment method 8.2.1. or 8.2.2, do not pay for the goods within 3 (three) working days.
6. SELLER OBLIGATIONS
6.1. The Seller undertakes to make available to the Buyer the services provided by the Online Store (register in the Online Store system, create a shopping cart in the Online Store, place an order, pay for the order, send the goods specified in the order).
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 a similar 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 a prepayment for the goods.
7. BUYER REGISTRATION AND CONCLUSION OF PURCHASE - SALE AGREEMENT
7.1. The Buyer may purchase goods in the Online Store by registering in the Online Store System at the Internet address www.eapt-24.com or without registering in the Online Store System in accordance with the Rules provided on this website.
7.2. The agreement between the Buyer and the Seller is considered concluded from the moment when the Buyer, having selected the purchased item (s) and formed a shopping cart, provided the required information in the order form and selected the payment method, confirms the order by clicking 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 by logging in to 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 the goods in the Online Store and in the formed order are indicated in euros with VAT. The price of the goods does not include the cost of delivery of the goods, customs duties applicable in the Buyer's country. Delivery costs are paid by the Buyer who has chosen a specific delivery method. Delivery costs are indicated in euros on the order form.
8.2. The buyer can make payment for the goods in one of the following ways:
8.2.1. Using electronic banking - when the prepayment is made using the electronic banking system used by the Buyer. When a buyer who has an e-banking contract pays for the goods in this way, the e-banking system generates a payment according to his paid order. The Buyer transfers the money to the account of the Online Store in the respective bank of his choice. The responsibility for data security in this case lies with the respective bank, as all monetary transactions take place in the bank's electronic banking system.
8.2.2. Using bank or credit card details for payment.
8.3. If the Buyer chooses the payment method 8.2.1. or 8.2.2., the Buyer undertakes to make an advance payment for the goods. After payment, the consignment of goods shall be formed and the term of delivery of the goods shall start to run from the day of crediting the payment to the Seller's account.
8.4. The Seller is not responsible for the execution of payment orders in accordance with Clause 8.2.1 of these Purchase and Sale Rules and their timely crediting to the Seller's account.
9. DELIVERY
9.1. When ordering goods, the buyer must indicate 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. LP Express terminal, when the Buyer indicates that the goods will be picked up at the specified terminal;
9.1.3. DPD terminal, when the Buyer indicates that the goods will be picked up at the specified terminal;
9.2. If the Buyer chooses to take back the goods 9.1.2. and 9.1.3. In the manner specified in paragraph 1, when the goods are sent to the LP Express or DPD terminal of his choice, the Buyer is informed by an SMS message with the specified code, which the Buyer independently withdraws from the terminal according to the terminal instructions.
9.3. The goods are delivered to the person specified in the order form. In case the specified person cannot accept the goods and the goods have been 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 delivery of goods to the wrong entity or other delivery discrepancies.
9.4. The goods are delivered by the Seller's authorized representative. Before delivering the goods, the Seller's authorized representative shall contact the Buyer and specify the delivery conditions (place and time of delivery, person picking up 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 with 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 by the Buyer and the carrier. In the above circumstances, the carrier shall immediately contact the Buyer and renegotiate the delivery deadline and other issues related to delivery.
9.6. In cases when the required goods are not in the Seller's warehouse, the Buyer is informed about the lack of the ordered goods and the terms of delivery of the goods.
9.7. 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 force majeure circumstances.
9.8. During the delivery of the goods, the goods are handed over to the Buyer by handing over an invoice (bill of lading) or another document indicating the transfer - acceptance of the consignment.
9.9. During the delivery of the goods, the Buyer must check the condition of the shipment together with the Seller's authorized representative. If the Buyer signs the invoice (bill of lading) or other document indicating the transfer of the shipment, it is considered that the shipment has been delivered in a proper condition. If the Buyer notices that the packaging of the delivered consignment is damaged (wrinkled, wet or otherwise externally damaged), the Buyer must mark it on the invoice (bill of lading) or other document certifying the transfer and acceptance of the consignment and, in the presence of the Seller's representative, draw up a free-form consignment violation report. If the Buyer fails to draw up a free-form shipment damage report in accordance with the above procedure, the Seller is released from liability to the Buyer for damage to the goods, if such damage was caused by packaging damage or occurred during its occurrence.
9.10. Delivery service fee for delivery in Lithuania and to other countries, shipping fee is calculated according to the rates set by couriers before payment.
9.11. When delivering the goods outside Lithuania, the delivery price of the goods is indicated by the Buyer indicating the country to which the goods will be sent on the website of the Online Store. When delivering goods outside Lithuania, the delivery price of the goods depends on the country to which the goods will be sent, the weight and dimensions of the goods.
9.12. Upon delivery of the goods to third parties, the Buyer must pay customs duties, if applicable in the Buyer's country, to perform the customs procedures applicable in the Buyer's country.
9.13 Delivery time to Buyer- up to 10(ten) business days.
10. GOODS QUALITY GUARANTEE AND EXPIRY DATE
10.1. The Seller is not responsible for the fact that the goods in the Online Store may not correspond in their color, shape or other parameters to the actual size, shape and color of the goods.
10.2. The seller provides a product quality guarantee, the term of which is 1 (one) year.
10.3. In the event that the Seller does not provide a quality guarantee for certain types of goods, the quality guarantee for such goods established by legal acts shall apply.
10.4. Goods warranty maintenance services are provided by the Seller, or the Buyer is referred to the goods warranty service centers.
10.5. In cases where the legislation sets a shelf life for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer has a real opportunity to use such goods before the expiration date.
11. RETURN AND REPLACEMENT OF GOODS DUE TO INSUFFICIENT QUALITY
11.1 Defects in the sold goods are eliminated, low-quality goods are replaced and returned in accordance with the Retail 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 2001 June 11 Resolution no. 697 "On the approval of retail rules".
11.2. When the Buyer returns the goods in the case specified in Clause 11.1 of the Purchase and Sale Rules, the following conditions must be observed:
11.2.1. It is mandatory that the returned product is in the original neat packaging.
11.2.2. The returned product must be in the same configuration as received by the Buyer.
11.2.3. The returned item must be clean.
11.2.4. The warranty period of the returned product must not have expired;
11.2.5. A written request shall be submitted indicating one of the selected wishes: free of charge to eliminate defects in the product, to replace the defective product with a defective product free of charge, to reduce the price of the product accordingly, to terminate the contract unilaterally and refund the price paid for the product;
11.2.6. A document confirming the purchase of the goods (invoice, document confirming the acceptance of the goods) is submitted.
11.3. The costs of sending / delivering the goods when the Buyer sends the goods to the Seller to be returned or replaced due to defects in the goods or to eliminate the defects, or to check shall be paid by the Buyer. In case of change of goods to another size, color or model, re-delivery is paid by the Buyer. The Buyer and the Seller shall agree on the re-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 indicate the desired goods and the reasons for which these goods are returned in Clause 12.2 of the Purchase and Sale Rules in the Online Store System. If the value of the replaced goods is higher than the value of the returned goods, the Buyer shall pay 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 less than the value of the returned product, the Seller returns the price difference to the Buyer.
12. RETURN OF GOODS ON TERMINATION OF THE CONTRACT
12.1. The Buyer has the right to withdraw from the concluded contract within fourteen days, without giving a reason and without incurring costs other than those provided for in Article 6.22811 of the Civil Code, except for the exceptions provided for in Article 6.22810 (2) of the Civil Code. The Seller does not grant such a 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 under 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 performs the contract; contracts for goods manufactured in accordance with the Buyer's special instructions, which are not pre-manufactured and which are produced according to the Buyer's personal choice or instruction, or for goods that are clearly adapted to the Buyer's personal needs; contracts for perishable or short-lived goods; contracts for packaged goods which have been unpacked after delivery and which are ineligible for return for health or hygiene reasons; contracts for packaged video or audio recordings or packaged software that have been unpacked after delivery; contracts for the delivery of newspapers, periodicals or magazines, with the exception of contracts for the subscription of these publications; contracts for the provision of digital content, if the provision of digital content has been initiated with the prior express consent of the Buyer and acknowledging that he will lose the right to withdraw from the contract as a result.
12.3. In the case specified in Clause 12.1 of the Purchase and Sale Rules, the Buyer, in order to return the goods, must submit a clear decision to the e-mail address info@eapt-24.com. In the Subject line of the e-mail, the Buyer must indicate the number of the VAT invoice for the purchase of goods and the note "Returned goods". When returning the goods, a copy of the document confirming the purchase (VAT invoice) must be submitted.
12.4. When the Buyer returns the goods after the termination of the Purchase and Sale Agreement, it is necessary to comply with the following conditions:
12.4.1. The returned item was not used.
12.4.2. The returned item was not damaged.
12.4.3. The returned product is in the original and undamaged packaging, except for changes in the appearance of the packaging, which were necessary to inspect the product.
12.4.4. The original label was not removed from the returned item.
12.4.5. The returned item is in the same configuration as it was received by the buyer.
12.4.6. The returned product must not have lost its commercial appearance due to the fault of the Buyer (except for changes in appearance that are unavoidable in order to inspect the product). The Seller shall inform the Buyer by e-mail within 14 days whether the returned goods have met the above conditions.
12.5. Upon receipt of the Buyer's statement specified in Clause 12.1 of the Purchase and Sale Rules, the Seller must immediately confirm to the Buyer on a durable medium that it has received its withdrawal from the Purchase and Sale Agreement. The burden of proving that the requirements for withdrawal have been met lies with the Buyer.
12.6. The withdrawal period of the Purchase and Sale Agreement expires after fourteen days: when the Purchase and Sale Agreement is concluded, from the day when the Buyer or the person specified by the Buyer, except the carrier, receives the ordered goods or: - from the date on which the Buyer or a person specified by the Buyer, other than the carrier, receives the last goods; if the goods are delivered in different lots or parts, from the day when the Buyer or the person specified by the Buyer, except for the carrier, receives the last lot or part.
12.7. The burden of proving that the legal requirements for withdrawal have been met lies with the Buyer.
12.8. After the Buyer implements 12.1. The right of the parties to perform the distance contract or off-premises contract or to enter into the distance contract or off-premises contract, if the Buyer has submitted an offer to conclude it, terminates the right to withdraw from the contract specified in paragraph.
12.9. The Seller must return to the Buyer all amounts paid by the Buyer immediately, and no later than within fourteen days from the date of receipt of the Buyer's notice of withdrawal, including the delivery costs paid by the Buyer. When returning all amounts paid to the Buyer, the Seller must use the same method of payment as the Buyer used to pay the Seller, unless the Buyer has explicitly agreed to a different method and the Buyer does not incur any other additional costs.
12.10. The Seller is not obliged to reimburse the Buyer for the additional costs incurred due to the fact that the Buyer has clearly chosen an alternative to the cheapest usual delivery method offered by the Seller.
12.11. The Seller may not refund the amounts paid by the Buyer until the goods have been returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever is the earlier. The Buyer is informed that the Seller has received the returned goods.
12.12. The Buyer must send or transfer the goods to the Seller or another person authorized by him immediately and no later than within fourteen days from the date of submission of the notice of withdrawal to the Seller. When the Buyer exercises the right to withdraw from the contract, the Buyer bears the direct costs of returning the goods.
12.13. If the goods were delivered to the Buyer's place of residence at the time of concluding the contract at the time of concluding the contract, if the Buyer withdraws from the contract, the Buyer must deliver the goods at his own expense.
12.14. The buyer is only liable for the reduction in the value of the goods resulting from actions that are not necessary to determine the nature, characteristics and functioning of the goods. The Buyer shall not be liable for the decrease in the value of the goods if the Seller has not provided the Buyer with information on the right to withdraw from the contract in accordance with Article 6.2287 (1) (7) of the Civil Code.
12.15. Upon the Buyer's exercise of the right to withdraw from the concluded contract, additional contracts shall be automatically terminated at no cost to the Buyer, except for the costs provided for in this Article or Article 6.22812 of the Civil Code. Ancillary contracts are contracts under which the Buyer acquires goods or services related to the concluded contract, and those goods 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 in writing of the termination of the additional contract and provide details of the cancellation of the distance or off-premises contract. A separate notice from the Buyer is not required in cases where an additional contract has been concluded with the same Seller who has been notified of the withdrawal in accordance with Article 6.22810 of the Civil Code.
13. RESPONSIBILITY
13.1. The buyer is responsible for the accuracy 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 consequences.
13.2. The buyer is responsible for the actions performed using the Online Store system.
13.3. The buyer is responsible for transferring his login details to third parties. If the services provided by the Online Store are used by a third party using the Buyer's login details to connect to the Online Store, the Seller considers this person to be the Buyer.
13.4. The Seller is released from any liability in cases where the Buyer, despite the Seller's recommendations and its obligations, has not read the Purchase Sale Rules, even though the Buyer has been given such an opportunity.
13.5. The seller is not responsible for customs procedures in third countries, i.e. The seller shall not be affected by customs working hours, customs duties or other customs-related charges of third parties. The buyer must estimate 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 duty and for this reason is unable to take back the goods, the Seller shall be deemed to have duly fulfilled 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 therein or for the activities performed by them. The seller does not maintain, control or represent the above websites, companies, institutions, organizations and individuals.
13.8. In the event of non-performance or improper performance of the contract of sale, the guilty party shall indemnify the other party for the direct loss, i.e. the costs incurred by him as a result of the guilty party's actions.
14. FINAL PROVISIONS
14.1. Communication between Buyer and Seller, including, but not limited to, notices, correspondence, shall be in writing. Notices sent by e-mail are also treated as written notices.
14.2. The Seller reserves the right to change, amend or supplement the Purchase Sale Rules at any time, taking into account the requirements established by legal acts. The Buyer who has registered in the Online Store system shall be informed about any changes, corrections or additions during the login. By purchasing goods in the e-shop, the Buyer agrees with the changed, corrected, supplemented Purchase Submission Rules. The Buyer's consent is expressed by placing an order with the Seller. The opportunity to purchase goods in the Online Store is available only to Buyers who agree with the applicable Purchase and Sale Rules.
14.3. Disputes related to the purchase and sale of goods in the e-shop are resolved through negotiations. If no agreement is reached through negotiations, disputes shall be settled in the court of the Republic of Lithuania in accordance with the law of the Republic of Lithuania.