ONLINE STORE WWW.JOLDIJA.LT TERMS AND CONDITIONS OF SALE
1.1. Personal data – any information related to a natural person – a data subject, whose identity is known or may be directly or indirectly identified using such data as a personal code, one or more features of physical, physiological, psychological, economic, cultural, or social nature.
1.2. CC – Civil Code of the Republic of Lithuania.
1.3. E-shop – online store www.joldija.lt.
1.4. Seller – Joldija JSC, registered and operating under the laws of the Republic of Lithuania, company code: 133865639, VAT payer's code: LT338656314, registered office address / address for correspondence: Tikslo g. 10, LT-54311, Kumpiai village, Kaunas region municipality.
1.5. Offer – The offer of a Good presented by the Seller to the Buyer, sent to the e-mail address specified by the Buyer.
1.6. Buyer is a natural or legal person who may enter into transactions in accordance with the applicable legislation, includes duly authorized representatives of such persons.
1.7. Good is any product that is sold in the E-shop. Words Good and Goods used in the Terms separately means both singular and plural.
1.9. Agreement – purchase and sale agreement of Goods.
1.10. Parties – Buyer and Seller together.
1.11. Terms – these terms of the online store of Joldija JSC www.joldija.lt and conditions of sale, which define the rights and obligations of the Buyer and the Seller, Conditions of purchase of Goods and payment for them, procedure of Good delivery and return, liability of the parties and other provisions related to the conclusion and performance of the distance agreement and Purchase and Sale of Goods in the online store administered by the Seller.
1.12. User – a person who matches the definition of a consumer, defined in the Law of the Republic of Lithuania on Consumer Rights Protection, i.e. a natural person who, for purposes not related to his business, commerce, craft or profession (for purposes of consumption), intends to conclude or concludes transactions.
2. GENERAL PROVISIONS
2.1. These Terms are a binding legal document for the Parties, it specifies the rights and obligations of the Parties, the conditions of purchase of Goods and payment for them, terms of Good delivery and return, and other conditions related to the purchase and sale of the Goods in the E-shop.
2.2. The Seller reserves the right to modify, amend or append the Terms. During the Buyer's shopping at the E-shop, the terms, which are in effect when the Good Request was submitted, shall apply.
2.3. The Seller assumes no risk or liability and is unconditionally exempted from it if the Buyer has failed to partially or fully familiarize himself / herself with the Terms, even though he was presented with such a possibility.
2.4. The Buyer expresses his familiarisation with the Terms and his consent to comply with them by ticking the following statement: "I have read, understood and agree to www.joldija.lt Terms and Conditions of Sale", when submitting the Good purchase order.
2.5. If the Seller has the right or obligation to provide the Buyer with information or documents via e-mail, in all cases the Buyer himself shall be responsible for the submission of the functioning e-mail address, which is owned by the Buyer, to the Seller.
2.6. The Seller is not obliged to ensure the continuous operation of the E-shop, as its operation may be affected by factors that do not depend on the Seller's will. The Seller undertakes to make all reasonable efforts to ensure that the E-shop functions as smoothly as possible. The Seller shall not be liable in any case for the consequences caused by such malfunctions of the E-shop.
3. SIGNING UP AND PROTECTION OF PERSONAL DATA
3.1. The Buyer is responsible for the accuracy, correctness, and completeness of the data provided to the Seller in the Good Request. If the information provided by the Buyer changes, he must immediately update it. In any case, the Seller will not be liable for any damage caused to the Buyer and/or third parties due to the fact that the Buyer has provided incorrect and/or incomplete personal data or has not amended or appended the data upon their change.
3.2. The Buyer shall have the right to freely change and append the data contained in the Good Request at any time.
3.3. When submitting a Good Request, the Buyer must provide the Seller with the Buyer's contact details, which will be used by the Seller to present the Offer: the active email address and/or the contact phone number.
3.4. During the confirmation of the Offer presented by the Seller, the Buyer must specify his/her personal data necessary for the delivery of the Goods: name, last name, address (city, street, house number, apartment number, and postal code).
3.5. The Buyer is informed in these Terms that information notices, required for the confirmation of Good order, payment, and delivery, or other performance of the order, would be sent to the email address that the Buyer specifies.
3.7. The Seller undertakes not to disclose the Buyer's Personal data to third parties, except for the Seller's partners, who provide Good delivery or other services related to the proper performance of the Buyer's order. In other cases, the Buyer's personal data may be disclosed to third parties only in accordance with the procedure specified in the legislation of the Republic of Lithuania.
3.8. By accepting these Terms, the Buyer is informed that the Seller will make the Buyer's personal data provided by the Buyer and/or transferred to the Seller during the performance of the Agreement, available to the partners for the purpose of the performance of the Agreement (Good delivery, settlement security, etc.) to the extent necessary for the performance of the respective agreement. The Buyer shall have the right to contact the Seller (personal data controller) for a list of subjects to which his/her personal data have been transferred.
4. ORDERING OF GOODS, CONCLUSION OF A PURCHASE-SALE AGREEMENT
4.1. Purchase-sale legal relations between the Seller and the Buyer occur and the Agreement between them is deemed to have been concluded from the moment when the Buyer completes all the steps of the order, after choosing the Good to be purchased in the E-shop (including familiarization with these Terms and confirmation of that by ticking the dedicated fields), sends the Good Request and confirms the Offer presented by the Seller.
4.2. After the Buyer fills out the Good Request in the E-shop, the Seller shall contact the Buyer by presenting the Offer to the Buyer. In the offer, the Seller shall indicate, among other things, the price of the Good and other information necessary for the performance of the order.
4.3. Buyers' orders are registered and stored for no more than 2 (two) years in the E-shop database, the duration is counted from the end of the last purchase-sale relationship.
5. BUYER'S RIGHTS
5.1. The Buyer has the right to purchase the Goods in the E-shop in accordance with the procedure set out in these Terms.
5.2. The Buyer has the right to cancel the order in accordance with the procedure set out in these Terms.
5.3. In accordance with the procedure and conditions specified in the section 12 of the Terms, the Buyer has the right to cancel the Agreement concluded with the Seller via the Internet.
5.4. The Buyer has the right to change or return the Goods purchased in accordance with the procedure set out in these Terms.
6. SELLER'S RIGHTS
6.1. The Seller has the right to change, suspend or terminate functioning of certain E-shop features or part of them, also to modify the layout of elements present in the E-Store.
6.2. The Seller has the right to stop the operation of the E-Shop or close it. In this case, all Buyer's orders that are accepted and confirmed will be completed and new orders will not be accepted.
6.3. The Seller has the right to cancel Buyer's order in accordance with the conditions of the paragraph 10 of the Terms.
6.4. When the Buyer chooses the method of payment specified in the paragraph 9.3.3 (cash) of the Terms or method of delivery specified in the paragraph 11.3 (courier service), in the event of uncertainties regarding the information specified in the order, the Seller shall have the right to contact the Buyer in the Account or via the contacts specified in the order.
6.5. The Seller has other rights specified in these Terms or in the legislation of the Republic of Lithuania.
7. BUYER'S OBLIGATIONS
7.1. The Buyer must pay for the purchased Goods on time and accept them in the manner specified in these Terms. After choosing to collect the Goods at the Seller's registered office at Tikslo g. 10, LT-54311, Kumpiai village, Kaunas region, the Buyer must collect them within the time frame specified in the Terms.
8. SELLER'S OBLIGATIONS
8.1. The Seller undertakes to provide a possibility to use the E-shop services, the operating conditions of which are determined by these Terms and other conditions specified in the E-shop.
8.2. The Seller undertakes to deliver the Goods purchased by the Buyer to the specified address in accordance with these Terms.
8.4. The Seller undertakes to deliver the Goods that the Buyer orders and accept those that the Buyer returns under the conditions specified by the Terms.
8.5. In the event of unexpected cases, when due to unforeseen circumstances the Seller is unable deliver the Good purchased by the Buyer, the Seller shall, where possible, offer the Buyer a similar or, as far as possible, similar Good. If the Seller has no possibility to offer an alternative Good or if the Buyer refuses to accept the Good that the Seller is offering as an analogous or similar, the Seller undertakes to return to the Buyer the money paid by him within 9 (nine) business days from the notification of the unavailable Good or the receipt of Buyer's refusal, if an advance payment was made, and if no payment was made - to cancel the order.
8.6. When the Buyer returns the Goods, the Seller undertakes to return the money paid by the Buyer within 15 (fifteen) business days from the date of return of the Goods to the Seller.
9. GOOD PRICES, TERMS AND TIME FRAMES OF PAYMENT
9.1. The prices of the Goods shall be specified via e-mail after the Buyer submits a Good Request in the E-shop.
9.2. The price of the Goods may not be changed after the Buyer has confirmed the Offer, except for the cases when the price of the Good has changed due to a technical error of the information systems or other objective reasons beyond the Seller's control. If in such case the Buyer does not agree to purchase the Good at a new price, the Buyer may cancel the order by informing the Seller within 2 (two) business days. Upon cancellation of the order according to the procedure specified in this paragraph, all amounts paid by the Buyer shall be refunded.
9.3. Buyer pays for purchased Goods in one of the following ways:
9.3.1. Bank transfer (must be completed within 3 business days);
9.3.2. Cash on delivery to the courier delivering the Goods (at the time of delivery).
10. ORDER CANCELLATION
10.1. The Seller has the right to cancel the Buyer's order without prior notice, if the Buyer, having chosen the payment method specified in the paragraph 9.3.1 of the Terms, fails to pay for the Goods within 3 (three) business days.
10.2. In the event that the advance payment of the Buyer for the ordered Goods has been made but the Buyer cannot be reached for 3 (three) business days during the delivery of the Order, the Seller shall have the right to unilaterally cancel the order without a separate notice and to return the money paid for the Goods to the Buyer within 9 (nine) business days. In this case, the Seller has the right to deduct and keep the Good delivery fee.
10.3. The Seller has the right to cancel the order without prior notice to the Buyer, if: (i) the Seller is unable to contact the Buyer within 2 (two) business days after placement of the order; or (ii) the Buyer fails to provide the Seller with the requested information within the time frame specified by the Seller.
11. DELIVERY AND COLLECTION OF GOODS
11.1. The Buyer shall have the right to collect the Goods himself or through an appointed representative by coming over to the Seller's registered office at Tikslo g. 10, LT-54311, Kumpiai village, Kaunas region, or choose a Good delivery service. After selecting the latter option, the Buyer undertakes to provide the Seller with the exact address for the delivery of the Goods.
11.2. Goods are delivered to the Buyer or a person that the Buyer indicates either by the Seller himself or its authorised representative.
11.3. If the Buyer chooses a courier service at the time of the ordering:
11.3.1. The Buyer undertakes to specify the exact place of Good delivery;
11.3.2. The Buyer or the representative creating the order duly authorized by the Buyer, undertakes to accept the Goods personally or to indicate in the order form the details of the person who will be accepting the Goods. A valid identity document (identity card, passport, or new version driving license) must be presented upon acceptance of the Goods;
11.3.3. The charge for delivery in Lithuania, when delivering the Goods to the address chosen by the Buyer, is indicated in the Offer.
11.3.4. The Goods shall be sent to the Buyer or the person specified by the Buyer at the precisely indicated address, after receipt of the payment, therefore the delivery time commences from the receipt of the Payment for the Good, except when circumstances specified in the paragraph 6.4 of the Terms occur, in such case the Good delivery time shall commence from the day of contact with the Buyer;
11.3.5. The Seller undertakes to make every effort to deliver the purchased Good as soon as possible.
11.5. In case the delivery of the Good is impossible due to the fault of the Buyer or due to circumstances that depend on the Buyer (e.g the Buyer has indicated the wrong address, the Buyer or recipient was not found at the specified address, the Buyer does not have sufficient amount of cash indicated in the order (if chosen method of payment is cash), Goods are not re-shipped unless the Buyer pays extra for the re-delivery of the Good.
11.6. If during the Offer confirmation the Buyer chooses the method of picking up the Goods at the Seller's registered office:
11.6.1. The ordered Goods must be picked up no later than within 3 (three) business days after the Seller informed the Buyer over the phone and via e-mail that the Goods can be collected;
11.6.2. Goods can only be collected by the person who placed the order or the person indicated at when the order was placed. A valid identity document (identity card, passport, or new version driving license) must be available and presented to the Seller's employee when collecting the Goods.
11.7. The Seller shall be exempt from liability for the violation of the deadlines for Good delivery, if the Goods are not delivered to the Buyer or delivered not on time due to the fault of third parties or due to the circumstances depending on the Buyer. If the Seller is unable to deliver the Goods at the specified time, the Seller or its authorized representative shall immediately contact the Buyer to resolve the issues related to the delivery of the Goods.
11.8. During the collection of Goods or upon receipt of the Goods at the specified address, the Buyer together with the Seller or its authorised representative must check the condition of the shipment and the Good, and sign the invoice, bill of lading, or other transfer and acceptance document. After the Buyer signs an invoice, bill of lading, or other shipment delivery and acceptance document, it is deemed that the shipment is handed over in the proper condition, and there are no violations caused by other things and not by manufacturing defects, as well as discrepancies of Good composition (such that could be identified by inspecting the exterior of the Goods). Having noticed that the package of the delivered shipment is damaged (crumpled, wet, or has other external damage), the Good itself is damaged and/or the Good's composition is incorrect, the Buyer must note this on the invoice, bill of lading, or other shipment delivery and acceptance document, and draft a shipment and/or Good damage (discrepancy) certificate of free form in the presence of the Seller or its representative.
11.9. If the Buyer fails to perform the actions specified in the paragraph 11.7 of the Terms, the Seller shall be exempted from liability against the Buyer for the Good violations, if the basis for the occurrence of such violations is not the factory defect, and for the discrepancies of Good composition, if such discrepancies can be identified by inspecting the exterior of the Goods.
11.10. The peculiarities of all the Goods that are being sold are indicated in the description next to each Good. The Seller is not responsible for the fact that the color, shape or other parameters of the Goods in the E-shop may differ to the actual size, shape, of color of the Goods, Buyer's perception due to the characteristics of the display used by the Buyer, and subjective position of the Buyer.
11.11. The risk of accidental loss of or damage to the Goods shall pass to the Buyer from the moment the Good is delivered to the Buyer.
12. CANCELLATION OF THE AGREEMNT, RETURN OF GOODS, REPLACEMENT
12.1. The Goods purchased in the E-shop are sold, returned and/or replaced in accordance with the articles 6.2285-6.22811, 6.334, 6.362-6.363 of the CC, as well as the Retail Trade Regulations approved by the decree No. 697 of the Government of the Republic of Lithuania of 11 June 2001 (with subsequent amendments and appendments).
12.2. The Buyer shall have the right to cancell the concluded Agreement within 14 (fourteen) days without giving any reason and without incurring expenses other than those specified in the Article 6.22811 of the CC, except for the exceptions specified in the part 2 of the Article 6.22810 of the CC. For the sake of clarity, it is noted that the above-mentioned exceptions include, among other things: Agreements for Goods manufactured under special instructions of the Buyer, which are not pre-fabricated and which are manufactured in accordance with the Buyer's personal choice or instruction, or for Goods that are clearly customized for the Buyer's personal needs. In other words, if the Goods sold to the Buyer are made according to a specific order of the Buyer, the Buyer's right to cancel the Agreement specified in this paragraph is not applicable to the Buyer.
12.3. In order to return a quality Good, the Buyer must notify the Seller in writing (via email) within 14 (fourteen) business days from the day when the Goods were delivery to him. The Buyer himself may deliver the Good to the Seller's registered office during the working hours of the Seller's registered office.
12.4. The right specified in the paragraphs 12.2-12.3. of the Terms may only be exercised by the Buyer, who is recognized as a Consumer.
12.5. The following conditions must be complied with when returning the Goods:
12.5.1. The Buyer's notice to the Seller about the return of the Goods is provided within deadlines set for the returning of the Goods;
12.5.2. The Good must be in the original clean package
12.5.3. The Good must be not damaged;
12.5.4. The Good must be unused (not tried), without loss of its commercial appearance (labels intact, protective films are not removed, etc.) (this paragraph does not apply in case when a defective Good is being returned);
12.5.5. The Good must be of the same composition, which was delivered to the Buyer;
12.5.6. when returning the Goods it is necessary to submit the purchase document and the filed out return document;
12.5.7. The Buyer shall bear the costs for the purchase and return of the Good, except in the case when a defective Good is being returned, in which case the Seller shall bear the cost of the Good return;
12.5.8. money for returned Goods is returned to the bank account specified by the Buyer.
12.6. If the Buyer has purchased a set of Goods, pre-arranged by the Seller, as a single Good, the Buyer must return to the Seller the full set of Goods, i.e. the Buyer may exercise the rights applicable to the return of Goods only in respect of all the Goods contained in the set. If even one of the conditions specified in the paragraphs 12.4.1-12.4.6 is not fulfilled when the Buyer wants to return the Good, the Seller has the right to refuse to accept the full set of Goods.
12.7. The Seller has the right to refuse to accept the Goods returned by the Buyer if the terms of Good return have not been observed.
12.8. If the Buyer has exercised the right specified in the paragraphs 12.2-12.3 of the Terms, the money are returned to him within 15 (fifteen) calendar days, after the Seller received the Buyer's notice, and the Good was not returned by the Buyer to the Seller, the time frame specified in this paragraph commences from the date of Good return to the Seller.
12.9. The Seller shall have the right not to return to the Buyer the amounts that the Buyer paid, until the Goods have been returned to the Seller and have not been checked for compliance with the paragraphs 12.4.2-12.4.6 of the Terms.
12.10. If there is a price difference during the replacement of the Goods, the Buyer must settle with the Seller according to the recalculated prices.
13. INFORMATION CHANNELS
13.1. The Seller sends notifications to the Buyer using the contacts provided by the Buyer - email and/or phone number, and if the Buyer wants to contact the Seller, the Buyer may use all communication channels specified in the E-Shop section "Contacts" or contact via the chat system available at the E-Shop.
14.1. The Buyer is fully responsible for the correctness of the data provided. If the Buyer provides inaccurate data, the Seller shall not be liable for the consequences arising from it and shall acquire the right to claim damages from the Buyer.
14.2. The Buyer is fully responsible for his/her actions performed on Website while using the E-shop.
14.3. The Buyer is responsible for the security and/or transfer of his/her registration data to third parties. If a third party uses the Buyer's data to submit the order or to confirm the Offer, the Seller deems such a person to be a Buyer.
14.4. The Seller shall be released from any liability in all cases where the loss arises from the fact that the Buyer, without taking into account the Seller's recommendations and his own obligations, failed to familiarise with these Terms, even though such possibility has been presented to him.
14.5. In case of damage, the guilty party compensates the other party the direct losses incurred.
15. MARKETING MEASURES EMPLOYED BY THE SELLER
15.2. The Seller has the right to unilaterally and without prior notice change the duration, terms and conditions of the special offers. Any change or cancellation of the terms and conditions of the special offers shall be effective only from the moment of their passing and shall not apply to orders placed before them. The information about ongoing special offers is available at the E-shop.
16. FINAL PROVISIONS
16.1. All rights to the E-shop and creations contained therein are protected by the laws and other legislation of the Republic of Lithuania. No content of the E-shop and other text, graphic or information of another nature may be reproduced, made publicly available or distributed without the prior written consent of the Seller.
16.2. These Rules are drawn up in accordance with the legislation of the Republic of Lithuania and the European Union.
16.3. The relations arising from these Terms shall be governed by the Law of the Republic of Lithuania.
16.4. All disagreements arising from the application of the Terms shall be settled through negotiations. If the agreement is not reached, the disputes shall be settled in the manner prescribed by the laws of the Republic of Lithuania.