ONLINE STORE WWW.JOLDIJA.LT TERMS AND CONDITIONS OF SALE
1.1. Personal data – any information relating to a natural person – data subject, whose identity is known or can be identified directly or indirectly by reference to such data as a personal identification number, one or more physical, physiological, psychological, economic, cultural or social characteristics of an individual.
1.2. CC – Civil Code of the Republic of Lithuania.
1.3. Online Store – online store www.joldija.lt.
1.4. Seller– UAB Joldija, registered and operating in accordance with the laws of the Republic of Lithuania, company code: 133865639, VAT identification number: LT338656314, registered office address / address for correspondence: Tikslo st. 10, LT-54311, Kumpiai village, Kaunas district municipality
1.5. Offer – the offer of the selected Item made to the Buyer by the Seller which shall be sent to the e-mail address specified by the Buyer.
1.6. Paysera – Paysera LT, UAB, registered and operating in accordance with the laws of the Republic of Lithuania, company code: 300060819, VAT identification number: LT100001261114, registered office address / address for correspondence: Pilaitė pr. 16, LT-04352, Vilnius.
1.7. Account – the result of the Buyer's Online Store registration, which creates an account that stores his personal data and order history.
1.8. Buyer – a natural person or legal entity that is able to enter into transactions in accordance with the legislation in force, or his duly authorized representatives.
1.9. Item – any item sold on the Online Store. The terms "Item" and "Items" used seperately in the Rules mean both singular and plural forms of such words.
1.11. Agreement – agreement for the sale and purchase of Items.
1.12. Parties– the Buyer and the Seller collectively.
1.13. Rules – these UAB Joldija Online Store www.joldija.lt Rules and Terms and Conditions of Sale, which establish the rights and obligations of the Buyer and the Seller, the terms of purchase and payment for the Items, the procedure of delivery and return of Items, the liability of the Parties as well as other provisions related to the conclusion and performance of the remote Agreement, the Purchase and Sale of the Items in the Online Store which is administered by the Seller.
1.14. Consumer – person conforming to the concept of consumer established in the Republic of Lithuania Law on Consumer Protection, i.e. a natural person seeking to conclude or concluding contracts for purposes not related to his business, trade, craft or profession (for consumption purposes).
2. GENERAL PROVISIONS
2.1. These Rules are a legal document binding on the Parties, which sets out the rights and obligations of the Parties, the terms of purchase, payment for Items, delivery and return of Items and other conditions related to the purchase and sale of Items in the Online Store.
2.2. The Seller reserves the right to change, amend or supplement the Rules. When shopping on the Online Store, the Buyer is subject to the Rules in force at the time of the order of the Items, therefore it is recommended that the Buyer be familiar with the Rules during each shopping.
2.3. The Seller assumes no risk or liability and is absolved from it unconditionally if the Buyer has failed to get acquainted with the Rules in part or in full, even though such an opportunity had been given to him.
2.4. The Seller shall have the right to restrict the Buyer's use of the Online Store without notice or to cancel the Buyer's registration if the Buyer uses the Online Store in violation of these Rules, attempts to undermine the stability and/or security of the Online Store or the Seller's orders.
2.5. All persons specified in Clause 1.8 of these Rules, who have confirmed their familiarity with the Rules, have the right to register and purchase the Items in the Online Store.
2.7. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, the Buyer shall be solely responsible for providing the Seller with a functioning and owned e-mail address.
2.8. The Seller is not obligated to ensure the uninterrupted operation of the Online Store as its operation may be influenced by factors beyond the Seller's control. The Seller undertakes to make every reasonable effort to ensure that the Online Store operates as smoothly as possible. In all cases, the Seller shall not be liable for any consequences resulting from the aforementioned malfunctions of the Online Store.
2.9. In the event that the Parties have entered into an individual Items' Purchase and Sale Agreement providing different prices for Items than those specified on the Online Store, as well as different terms and conditions of supply of the Items than those provided in the Rules, when purchasing goods in the Online Store, the relations between the Parties shall be governed by the provisions of these Rules, i.e. that is, individual agreements do not supersede or form part of these Rules. This means that in case of any discrepancies between the Rules and the individually signed Items' Purchase and Sales Agreements between the Parties, the provisions of these Rules shall apply to the relations between the Parties when purchasing Items in the Online Store.
3. REGISTRATION AND PROTECTION OF PERSONAL DATA
3.1. The Buyer is responsible for the accuracy, correctness and completeness of the data provided in the Account registration form or the Item inquiry submitted to the Seller. If there is a change in the data provided by the Buyer, he must update them immediately. In no event will the Seller be liable for any damage caused to the Buyer and/or third parties as a result of the Buyer providing incorrect and/or incomplete personal data or amending or supplementing the data as they change.
3.2. The Buyer has the right at any time to amend, supplement the details of the Item inquiry, cancel his registration and re-register in the Online Store.
3.3. The Buyer, when registering in the Onlien Store or executing an individual order (when purchasing Items without registration), must provide the Seller with his contact details necessary for the delivery of the Items: name, surname (in case of legal entity - its name), address (city, street, building number, apartment number, zip code), active e-mail address and contact telephone number to contact for order confirmation, performance, and/or details required for payment for the Items. Registered Buyers, when completing the Account registration form, have the option to save in the Seller's system the password they wish to use for subsequent logins to the Account created during the registration process.
3.4. The Buyer is hereby informed by these Rules that information notices will be sent to the e-mail address specified by him which are necessary for the confirmation of orders, payment and delivery of the Items or for other performance of the order.
3.6. The Seller shall not collect Buyer's data related to his payment information. All payments are made through the partner's Paysera channel. By initiating and making a payment for the Items through the Paysera platform operating in the Online Store, the Buyer agrees that the Buyer's data will be transmitted to Paysera for the proper execution of the payment for the Items.
3.7. The Seller undertakes not to disclose Buyer's Personal Data to third parties other than Seller's partners providing Item delivery services 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 established by the legal acts of the Republic of Lithuania.
3.8. By agreeing to these Rules, the Buyer is informed that the Seller will provide the Personal Data provided by the Buyer himself and (or) data transferred to the Seller during the performance of the Agreement to the partners for the purpose of fulfilment of the Agreement (delivery of Items, settlement security, etc.) to the extent necessary for the performance of the agreement in question. The Buyer has the right to contact the Seller (personal data controller) by requesting a list of the entities to whom his personal data have been transferred.
4. ORDERING OF ITEMS, CONCLUSION OF A PURCHASE AND SALE AGREEMENT
4.1. The legal relationship between the Seller and the Buyer shall arise and the Agreement between them shall be deemed to have been entered into from the moment the Buyer, after selecting the Item to be purchased in the Online Store, completes all ordering steps (including familiarization with these Rules and checking certain marks in appropriate fields).
4.2. In the event that the Buyer completes the Item inquiry in the Online Store, the Seller's representatives will contact the Buyer.
4.3. Buyers' orders are registered and stored for a maximum of 2 (two) years in the Online Store database, counting from the end of the last purchase and sale relationship. In accordance with the legislation regulating accounting, the records of individual purchases (including invoice details of the Buyer) shall be kept for 10 years in the Company's accounting.
5. BUYER'S RIGHTS
5.1. The Buyer shall have the right to purchase the Items in the Online Store in accordance with the procedure established in these Rules.
5.2. The Buyer shall have the right to refuse the order in accordance with the procedure established in these Rules.
5.3. The Buyer shall have the right, in accordance with the procedure and conditions specified in Chapter 12 of the Rules, to withdraw from the Agreement concluded with the Seller over the Internet.
5.4. The Buyer shall have the right to replace or return the purchased Items in accordance with the procedure established in these Rules.
6. SELLER'S RIGHTS
6.1. The Seller shall have the right to determine the minimum size of the Shopping Cart, i.e. the minimum amount at which the Buyer's order will be executed. The size of this amount can be displayed in the Online Store.
6.2. The Seller shall have the right to change, suspend or discontinue some or all of the features of the Online Store, as well as to change the layout of the items in the Online Store.
6.3. The Seller shall have the right to suspend or terminate the operation of the Online Store. In such a case, all accepted and confirmed Buyer's orders shall be completed and no new orders shall be accepted.
6.4. The Seller shall have the right to cancel the Buyer's order under the terms and conditions set forth in Clause 10 of the Rules.
6.5. The Seller shall have other rights provided by these Rules or the legal acts of the Republic of Lithuania.
7. BUYER'S OBLIGATIONS
7.1. The Buyer must pay for the Items purchased in a timely manner and accept them in accordance with the procedure established in these Rules. After choosing to collect the Goods at the Seller's office at Tikslo st. 10, LT-54311 Kumpiai village, Kaunas district municipality, the Buyer must collect them within the terms specified in the Rules.
7.2. The Buyer undertakes to protect and not to communicate to third parties his login data to the Online Store. The Buyer shall be liable for any consequences resulting from improperly stored login details.
8. SELLER'S OBLIGATIONS
8.1. The Seller undertakes to make available the services of the Online Store, the operating conditions of which are determined by these Rules and other terms and conditions provided in the Online Store.
8.2. The Seller undertakes to deliver the Items purchased by the Buyer to the specified address in accordance with these Rules.
8.4. In accordance with the terms and conditions of the Rules, the Seller undertakes to submit the Items ordered by the Buyer and to accept the Items returned by the Buyer.
8.5. In the event of unforeseen circumstances, when due to unforeseen circumstances the Seller is unable to deliver the Items purchased by the Buyer, the Seller shall, if possible, offer the Buyer an analogous or the most similar Item as possible. In the event that the Seller has no opportunity to offer an alternative Item or if the Buyer refuses to accept an analogous or similar Item offered by the Seller, the Seller undertakes to reimburse the Buyer within 9 (nine) business days of receiving notice of the non-existent Item or refusal to accept the Item if the money was pre-paid, or cancel the order if no payment has been made.
8.6. When the Buyer returns the Items, the Seller undertakes to return the money paid by the Buyer within 15 (fifteen) business days from the date of returning the Items to the Seller.
9. ITEM PRICES, PAYMENT TERMS AND PROCEDURE
9.1. Prices of goods in the Online Store are indicated in EUR (euro) incl. VAT. The Items shall be sold at prices valid at the moment of placing the order in the Online Store, unless otherwise agreed by the Parties in a particular case.
9.2. The price of the Items after the Buyer has approved the Offer shall not change except in cases where the price of the Item has changed due to a technical error in information systems or other objective reasons beyond the Seller's control. If the Buyer does not agree to purchase the Item at the new price, the Buyer may cancel the order by notifying the Seller thereof within 2 (two) business days. Upon cancellation of the order in accordance with the procedure set forth in this Clause, all amounts paid by the Buyer shall be refunded.
9.3. The Buyer shall pay for the Items purchased in one of the following ways:
9.3.1. By electronic banking – through a payment platform operated by Paysera LT, UAB. In such a case the liability for the data security of the Buyer at the time of payment lies with the respective bank, since all monetary operations are carried out in the bank's electronic banking system.
9.3.2. By bank transfer (payment is expected within 3 business days).
9.4. Purchase documents – invoices shall be submitted to the Buyer electronically to the e-mail address specified by the Buyer.
10. CANCELLATION OF ORDER
10.1. The Seller shall have the right to cancel the order of the Buyer without prior notice to the Buyer if the Buyer fails to pay for the Items within 3 (three) business days.
10.2. In the event that the Buyer has made an advance payment for the ordered Items but the Buyer cannot be contacted during the delivery of the Items for 3 (three) business days, the Seller shall be entitled to unilaterally cancel the order without notice and return the money paid by the Buyer within 9 (nine) business days. In such a case, the Seller shall be entitled to deduct and non-refund the Item delivery fee.
10.3. The Seller shall have the right to cancel the Buyer's unpaid order without prior notice to Buyer if: (i) the Seller fails to contact the Buyer for 2 (two) business days after placement of the order; or (ii) the Buyer does not provide the Seller with the requested information within the term specified by the Seller.
11. DELIVERY AND COLLECTION OF ITEMS
11.1. The Buyer has the right to collect the goods himself or through a designated representative upon arrival at the Seller's office at Tikslo st. 10, LT-54311 Kumpiai village, Kaunas district municipality (during the business hours of the Seller's office, as specified on the Online Store), or to choose a Item delivery service on weekdays from 8:00 to 17:00. In the latter case, the Buyer undertakes to provide the Seller with the exact delivery address of the Items. In the case of Item delivery service, the exact delivery time depends on the delivery service provider.
11.2. The Goods may be delivered to the Buyer or his designated person by the Seller or his authorized representative.
11.3. If the Buyer chooses a courier service when ordering:
11.3.1. the Buyer undertakes to indicate the exact place of delivery of the Items;
11.3.2. The Buyer or the duly authorized representative of the Buyer making the order undertakes to collect the Items personally or to indicate in the order form the identity of the person accepting the Items. A valid identity document (personal identification card, passport or new model driving license permit) must be presented when accepting the Items;
11.3.3. For delivery in Lithuania, delivery of the Items to the address chosen by the Buyer will be charged as specified in the Online Store.
11.3.4. The Items shall be sent to the Buyer or a person specified by the Buyer at the specified address after the receipt of payment, therefore the delivery term shall start from the receipt of payment for the Items, unless the circumstances provided for in Clause 10.2 of the Rules occur, in which case the term of delivery of the Items shall commence from the date of communication with the Buyer;
11.3.5. The Seller undertakes to make every effort to deliver the purchased Item as soon as possible.
11.5. In the event that the delivery of the Items is not possible due to Buyer's fault or due to circumstances beyond Buyer's control (e.g. the Buyer has entered an incorrect address, the Buyer or recipient cannot be found at the indicated address, the Buyer does not have sufficient cash amount specified in the order (if cash payment method is selected), the Items are not re-delivered unless the Buyer pays an extra fee for the re-delivery of the Items.
11.6. If the Buyer, at the time of approval of the Offer, chooses to collect the Items at the Seller's office:
11.6.1. It is necessary to collect the ordered Items not later than within 3 (three) business days after the Seller has informed the Buyer by telephone and e-mail that the Items can be collected;
11.6.2. The Items can only be collected by the person who placed the order or the person named at the time of placing the order. When collecting the Items, it is necessary to carry and present a valid identity document (personal identification card, passport or new model driving license permit) and the invoice provided by the Seller via e-mail to the Seller's employee.
11.7. The Seller shall be released from liability for violation of the terms for the delivery of the Items if the Items are not delivered to the Buyer or are not delivered to the Buyer on time due to the fault of third parties or due to circumstances dependent on the Buyer. In the event that the Items cannot be delivered on time, the Seller or his authorized representative shall immediately contact the Buyer to resolve any issues related to the delivery of the Items.
11.8. The Buyer, upon collection or receipt of the Items at the specified address, shall, together with the Seller or his authorized representative, check the condition of the delivery and the Items and sign the document of delivery and acceptance of the consignment. Upon receipt of this document by the Buyer, the consignment shall be deemed to have been delivered without obvious defects and there shall be no discrepancy in the composition of the Items (such as can be determined by visual inspection of the Items). In view of this, consignments with obvious defects shall not be accepted by the Buyer. Upon discovering that the packaging of the delivered consignment is damaged (wrinkled, wet or otherwise externally damaged) and that the Item itself is damaged and/or defective, the Buyer must inform the person delivering the consignment, if it is possible – take a picture of the Item (consignment) and indicate the defects of the Item by e-mail at firstname.lastname@example.org.
11.9. If the Buyer fails to perform the actions specified in Clause 11.8 of the Rules, the Seller shall be released from liability to the Buyer for damage to the Items, if such damage is not caused by factory defects, as well as discrepancies in the composition of the Items, where such discrepancies can be determined by visual inspection of the Items.
11.10. The characteristics of each Item sold are described in the description attached to each Item. The Seller shall not be liable for the fact that the colour, shape or other parameters of the Items sold in the Online Store may not correspond to the actual size, shape, colour of the Items due to the Buyer's image of the characteristics from the monitor used by the Buyer and/or the Buyer's subjective assessment.
11.11. The risk of accidental loss or damage of the Items shall pass to the Buyer from the moment the Items are transferred to the Buyer.
12. WITHDRAWAL OF CONTRACT, RETURN OF QUALITY GOODS, REPLACEMENT THEREOF
12.1. The Items purchased in the Online Store shall be sold, returned and/or replaced in accordance with Articles 6.2285-6.22811, 6.334, 6.362-6.363 of the CC, as well as the Retail Regulations approved by Resolution No. 697 of June 11, 2001 of the Government of the Republic of Lithuania (with subsequent amendments and supplements).
12.2. The Buyer shall be entitled to withdraw from the Agreement within 14 (fourteen) calendar days without specifying the reason thereof and incurring costs other than those specified in Article 6.22811 of the CC, except for the exceptions provided for in Article 6.22810 (2) of the CC. For the sake of clarity, it is noted that the abovementioned exceptions include, but are not limited to, Agreements for Items made under special Buyer specifications that are not pre-manufactured and are manufactured at the Buyer's personal choice or instruction, or for Items that are expressly customized to Buyer's personal use. In other words, if the Items to be sold to the Buyer are made to the special order of the Buyer, the Buyer's right to withdraw from the Agreement specified in this Clause shall not apply to the Buyer.
12.3. In order to return the Item, the Buyer must notify the Seller by e-mail at email@example.com within 14 (fourteen) calendar days from the date of delivery of the Items to him. The Buyer may deliver the Item (at his own expense) to the Seller's office during the business hours of the Seller's office as specified in the Online Store.
12.4. Only the Buyer, who is to be recognized as a Consumer, may exercise the right provided in Clauses 12.2–12.3 of the Rules.
12.5. When returning quality Items, the following conditions must be met:
12.5.1. The Buyer's notice to the Seller regarding the return of the Items shall be given within the terms for returning the Items;
12.5.2. The Item must be in its original neat packaging;
12.5.3. The Item must be undamaged;
12.5.4. The Item must be unused (untested), its appearance must not be changed (undamaged labels, protective film, etc.);
12.5.5. The Item must be of the same set as received by the Buyer;
12.5.6. When returning the Item, it is necessary to submit the purchase invoice and the completed return document specifying: the Buyer's name, bank account number (if the money is to be returned by bank transfer), invoice number and reasons for return;
12.5.7. The cost of purchase and return of the Item shall be borne by the Buyer;
12.6. If the Buyer has purchased a set of Items sold by the Seller as a single Item, he must return to the Seller the full set of Items, that is, the Buyer has the right to return the Items only with respect to all Items in the set. In the event that at least one of the conditions set out in Clauses 184.108.40.206.1–12.5.5 mentioned is not met in order for the Buyer to return the Item, the Seller shall be entitled to refuse to accept the entire returnable Item set.
12.7. The Seller shall have the right to refuse to accept the Items returned by the Buyer if the conditions for the return of the Items have not been complied with.
12.8. If the Buyer has exercised the right set forth in Clauses 12.2–12.3 of the Rules, the money shall be returned to him (in cash or by transfer to the bank account specified by the Buyer) within 15 (fifteen) business days after the Seller has received the Items returned by the Buyer.
12.9. The Seller shall have the right not to refund the amounts paid by the Buyer until the Items have been returned to the Seller and checked for compliance with Clauses 12.5.2–12.5.5 of the Rules.
12.10. If there is a price difference when replacing the Items, the Buyer must settle with the Seller the recalculated prices.
12.11. When returning or replacing the Items purchased in the Online Store, the Seller has the right to request the completion of the returned or replaced Item form.
13. WARRANTY ON QUALITY OF ITEMS, RETURN OF DEFECTIVE ITEMS, REPLACEMENT THEREOF
13.1. Upon purchase of the Items by the Consumers, the Seller shall provide a warranty period of 24 (twenty four) months for the Items sold and shall ensure the proper functioning of the Items during the warranty period. In the case of other Buyers, the Seller grants a 6 (six) month warranty unless otherwise specified in the Item description.
13.2. The warranty is subject to the following conditions:
13.2.1. the Item to be returned shall be of the same set as received by the Buyer;
13.2.2. the Item to be returned must be clean;
13.2.3. the warranty of the Item to be returned must not expire.
13.3. The warranty shall not apply in the following cases:
13.3.1. In case of failure to submit documentation of purchase of the Item.
13.3.2. If the Item is not used for its intended purpose or does not comply with the requirements specified in these Rules and/or Item manual;
13.3.3. Due to mechanical damage caused by the Buyer after the purchase of the Item (due to impact, fall or other damage caused by mechanical impact);
13.3.4. If the Item is not installed in accordance with the instructions provided by the Seller;
13.3.5. If the Item is damaged due to factors beyond the Seller's control.
13.4. When returning a defective or incomplete Item, the Buyer must indicate (submit) the following:
13.4.1. Item order number;
13.4.2. In case of remote return of the Item: a photograph of the Items and the packaging, taking photographs of the defects in the Items or the packaging;
13.5. A description of defects or signs malfunctions;
13.6. Request: (i) to replacement a defective or incomplete Item with a quality item; or (ii) to complete the Item with missing parts of the set; or (iii) to refund the money paid.
13.7. In case of return of defective Items, the cost of returning the Items shall be borne by the Seller, compensating for the delivery (shipping) fee normally applied in the Online Store. In the absence of defects in the goods, delivery costs shall not be reimbursed.
13.8. Replaced Items or parts thereof during the warranty term for the Items shall be subject to the same quality warranty term as set for the Items purchased by the Buyer.
13.9. When returning or replacing the Items purchased in the Online Store, the Seller has the right to request the completion of the returned or replaced Item form.
14. INFORMATION CHANNELS
14.1. The Seller shall send messages to the Buyer using the contact details provided by the Buyer – by e-mail and/or telephone number, and the Buyer may contact the Seller through any of the communication channels listed in the "Contacts" section of the Online Store or by using the chat system installed in the Online Store.
15.1. The Buyer is fully liable for the accuracy of the data provided. If the Buyer provides inaccurate data, the Seller shall not be liable for any resulting consequences and shall be entitled to claim damages from the Buyer.
15.2. The Buyer is fully liable for his actions performed on the website using the Online Store.
15.3. The Buyer is liable for the security and/or transmission of his registration data to third parties. In the event that a third party uses Buyer data to place an order or to confirm an Offer, the Seller shall treat such person as the Buyer.
15.4. The Seller shall be relieved of any liability in all cases where the loss arises from the fact that the Buyer, without regard to the Seller's recommendations and his obligations, has not become acquainted with these Rules even though he has been given such opportunity.
15.5. In the event of damage, the Party at fault shall compensate the other Party for direct damages.
16. MARKETING MEASURES APPLIED BY THE SELLER
16.2. The Seller shall have the right to unilaterally and without prior notice change the duration, terms or conditions of the promotions. Any change or cancellation of the terms and conditions of the promotions shall be effective only from the moment they are made and shall not apply to orders placed before them. Information about ongoing promotions shall be available in the Online Store.
17. FINAL PROVISIONS
17.1. All rights to the Online Store and its works are protected by the laws and other legal acts of the Republic of Lithuania. No content or other textual, graphic or other information contained in the Online Store may be reproduced, made publicly available or distributed without the prior written consent of the Seller.
17.2. These Rules are made in accordance with the legal acts of the Republic of Lithuania and the European Union.
17.3. Relations arising from these Rules shall be governed by the law of the Republic of Lithuania.
17.4. Given that the Rules apply to each individual purchase of the Items in the Online Store, the Seller reserves the right to unilaterally change the Rules at any time (e.g. due to changes in legislation, software functionality or any other circumstances that may affect the functioning of the Online Store) by publishing a new version of the Rules on the Online Store. Amendments to the Rules shall take effect from the date of their publication. In the event that the Buyer continues to use the Online Store after the publication of the amendments to the Rules, he shall be deemed to have accepted all amendments to the Rules. The latest version of the Rules was published on January 9, 2020 in the Online Store.
17.5. All disagreements arising from the implementation of the Rules shall be settled by negotiations. In the event of disagreement, the dispute shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.