KIKA LT, UAB, whose registered office is at Maironio st. 11, LT-44298, Kaunas, company code 133095117, VAT code LT330951113, hereinafter referred to as the Seller, one party and the Buyer, under this Agreement any natural person who has reached the age of majority and an authorized representative of a legal entity purchasing in the Amelum.com e-shop or using with other Amelum.com e-shop services, hereinafter referred to as the Buyer, the other party, hereinafter both parties are referred to as the parties, have entered into the following Amelum.com e-shop (hereinafter - the Agreement):
1. GENERAL CONDITIONS OF THE CONTRACT
1.1. Under this agreement, the Seller undertakes to sell the goods to the Buyer to meet the latter's personal, family or household needs not related to business, trade, craft or profession, and the Buyer undertakes to accept the goods and pay the price indicated in the goods description and VAT invoice. parts of this contract.
1.2. This agreement between the Buyer and the Seller is considered concluded from the moment when the Buyer, before concluding this agreement in the Seller's e-shop Amelum.com is acquainted with the written information provided in the Seller's e-shop about the offered product, the Seller, sale and delivery price, period and the price is valid, the Buyer's right to withdraw from the contract in accordance with the rules of Article 6.22810 of the Civil Code of the Republic of Lithuania, payment, delivery procedure, product guarantees provided by the Seller, as well as the order of goods in the Amelum.com e-shop with the provisions of this contract makes the payment in due time and receives by e-mail the Seller's confirmation that the Buyer's order has been accepted and the payment has been received. If the Buyer did not get acquainted with the written information provided in the Seller's e-shop about the offered product, the Seller, the sale and delivery price, the period for which the offer and the price are valid, the Buyer's right to withdraw from the contract in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania. rules of implementation, payment, delivery procedure, product guarantees provided by the Seller, as well as with the provisions of this agreement, the Buyer may not order goods in the Amelum.com store. Otherwise, it is considered that the Buyer has read the written information provided in the Seller's e-shop about the offered product, the Seller, the price of sale and delivery of the product, the period for which the offer and the price are valid, the Buyer's right to withdraw from the contract according to this agreement. The procedure for implementation of the rules of Article 6.22810 of the Civil Code of the Republic of Lithuania, payment, delivery procedure, product guarantees provided by the Seller, as well as with the provisions of this contract and unconditionally with the written information provided by the Seller before concluding the contract and with the provisions of this contract.
As the Seller reserves the right to change, correct or supplement the written information provided in the Seller's e-shop about the offered product, the Seller, the sale and delivery price, the period of the offer and the price, payment, delivery procedure, the Seller's product warranties provisions of the contract, the Buyer must get acquainted with all the information provided by the Seller in each e-shop Amelum.com.
2. PROCEDURE AND CONDITIONS OF PURCHASE-SALE OF GOODS
2.1. Under this agreement, the Seller undertakes to transfer the goods corresponding to the quality, quantity, range and completeness of the goods specified in the goods order document to the Buyer under the right of ownership, and the Buyer undertakes to accept the goods and pay the specified amount (price).
2.2. The prices of the goods are indicated next to the descriptions of the goods in the Amelum.com electronic store and in the formed order. The prices of the goods are indicated in euros with VAT.
2.3. The Buyer can pay for the goods purchased in the e-shop Amelum.com in three ways:
2.3.1. to pay for the purchased goods through the electronic banking system used by the Buyer at the time of purchase of the goods. Each institution collecting payments applies a service fee, therefore the Buyer must ask its amounts at that institution. The responsibility for data security in this case lies with the relevant collecting institution, as all monetary transactions take place in the electronic banking system of the collecting institution.
2.3.2. to pay for the purchased goods in cash at the time of delivery of the goods. In this case, we ask the Buyer to pay for the goods the exact amount of money specified in the order during the acceptance-transfer of the goods.
2.3.3. to pay for the purchased goods according to the advance invoice submitted at the time of purchase in the bank branch chosen by the Buyer. Each institution collecting payments applies a service fee, therefore the Buyer must ask its amounts at that institution.
2.4. The Seller, having received the order document from the Buyer and payment for the purchased goods (except for the case when the Buyer pays for the purchased goods in cash upon delivery of the goods), prepares the goods specified in the order for shipment no later than the next business day.
2.5. If the Buyer does not pay for the purchased goods within the term specified in the preliminary invoice, the Seller cancels the Buyer's order and does not deliver the goods to the Buyer.
3. PRICE OF ORDER DELIVERY, DELIVERY OF GOODS AND ACCEPTANCE OF GOODS
3.1. Order delivery price:
3.1.1. Orders to European Union countries are delivered via DPD courier. Orders to countries outside the European Union are delivered via SAMUS courier service.
3.1.2. Orders in the territory of Lithuania are delivered via DPD courier for € 3.00 (DPD pick-up terminal - € 4.00). Orders to other European Union countries are delivered via DPD courier and price based on the weight of the order. Deliver within 3-7 days. The cost of delivery of orders to countries outside the European Union based on the weight of the order. Deliver within 15-20 days.
3.2. Delivery of goods:
3.2.1. The goods purchased by the Buyer in the Amelum.com e-shop are delivered in Lithuania and all over the world.
3.2.2. The goods are delivered to the countries of the European Union within 3-5 days, outside the European Union - within 15-20 days, if the ordered product is in the Seller's warehouse. The goods are delivered within the above term only when the Seller receives payment for the goods, except for the cases when the Buyer pays for the purchased goods in cash at the time of delivery of the goods.
3.2.3. In case the ordered goods are not in the Seller's warehouse and the Seller cannot receive the goods ordered by the Buyer, he shall immediately inform the Buyer and as soon as possible, but not later than thirty calendar days from the day he learned or should not know goods, refunds the amounts paid to the Buyer.
3.2.4. In case the ordered goods are not in the Seller's warehouse, but the Seller can receive the goods ordered by the Buyer, the Seller, upon receipt of the order, informs the Buyer and specifies the term within which the goods will be delivered. In this case, the term of delivery of the goods may not exceed 30 days from the date of concluding the contract of sale.
3.2.5. Before delivering the goods, the courier contacts the Buyer according to the contact details provided by the Buyer and agrees on a convenient delivery time for the Buyer.
3.2.6. If delivery of the goods is not possible due to the fault of the Buyer or due to circumstances depending on the Buyer (the Buyer specified the wrong address when ordering the goods, the Buyer can not be found at the specified address, etc.), the goods are not sent again and the money for the goods is returned to the Buyer after deducting the delivery fee.
3.3. The receipt of goods:
3.3.1. Upon receipt of the goods, the Buyer must inspect the goods and, without any claims to the Seller regarding the quality of the goods, confirm in the acceptance-transfer deed that the goods have been properly transferred to the Buyer.
3.3.2. If during the inspection of the goods the Buyer has claims against the Seller regarding the quality of the goods, it must indicate this in the deed of acceptance-transfer of goods, which is an integral annex to this contract and is provided to the Buyer at the time of delivery.
4. WARRANTIES PROVIDED BY THE SELLER
4.1. Contractual guarantee:
The product quality guarantee that meets the requirements established by legal acts is established by the Seller of the goods and / or the producer of the goods, distributor, supplier, importer or any other person who distributes the goods in his own name. If this type of guarantee is established, this is indicated in the description provided with the product.
In this case, in the case of a fixed warranty period, claims for defects in the goods may be made if the defects are identified during the warranty period. If a component is subject to a shorter warranty period than the main product, a claim for defects in the component may be made during the main product quality warranty period. If a component is subject to a longer warranty period for the quality of the base product, a claim for defects in the component that have been observed during the warranty period may be made notwithstanding that the quality warranty period for the base product has expired.
4.2. Product suitability guarantee:
In cases when the expiration date of the goods has been set, the Buyer may file claims for defects in the goods within the set expiration date of the goods.
4.3. Statutory guarantee:
In cases where the product quality guarantee or expiration date has not been set, the Buyer may file claims for defects of the product within a reasonable time, but not later than within two years from the date of delivery of the product to the Buyer, unless other legislation provides for a longer period.
4.4 Warranty for replaced goods:
when changing the product or its components during the warranty period, the product or component is not subject to the newly calculated warranty period, i.e. the warranty on the basic item is extended.
5. PROCEDURE FOR EXECUTION OF THE BUYER'S RIGHT OF WITHDRAWAL
5.1. The buyer has the right to withdraw from this contract without giving any reason within fourteen days from the date of delivery of the goods.
5.2. If the Buyer decides to exercise the right of withdrawal granted to him by law, he must inform the Seller of his decision in writing: submit a completed withdrawal form, which can be found by clicking on the link, or provide a clear statement setting out his decision to withdraw. The Buyer must submit the completed contract withdrawal form / statement on withdrawal to the Seller to the Seller using the means and addresses indicated in the link "Contacts" in the Amelum.com e-shop.
5.4. If the Buyer submits the withdrawal from the contract by electronic means of communication, the Seller will immediately inform the Buyer about the receipt of the withdrawal by the e-mail specified by the Buyer.
5.5. The Buyer must send or transfer the goods to the Seller immediately and no later than within fourteen days from the date of submission of the notice of withdrawal to the Seller. The direct cost of returning the goods is borne by the Buyer.
5.6. The Seller must receive the goods within fourteen days of receiving the Buyer's notice of withdrawal from the contract and return the money paid for the goods to the Buyer. The Seller reserves the right not to refund the amounts paid by the Buyer until the goods have been returned to the Seller.
5.7. The Buyer must be liable for the decrease in the value of the returned goods caused by actions that are not necessary to determine the nature, characteristics and functioning of the goods.
5.8. When returning all amounts paid to the Buyer, the Seller shall use the same method of payment as the Buyer used to pay the Seller, unless the Buyer has expressly agreed on a different method.
5.9. The Seller shall not reimburse the Buyer for any additional costs incurred as a result of the Buyer's express choice of a cheaper method of delivery than the one offered by the Seller.
5.10. The Buyer shall not be entitled to exercise the aforementioned right to withdraw from the contract if the contract was concluded for goods which were made to the Buyer's individual order or are obviously tailored to him, or which by their nature cannot be returned to the Buyer due to loss of goods. are perishable or expire.
6. PROCEDURE FOR RETURN AND EXCHANGE OF GOODS
6.2.1. Peculiarities of return and exchange of non-food goods:
The Buyer, having purchased a product of poor quality, must submit a written request to the Seller, which must indicate the order number and the name of the product to be returned, the defects of the product and one of the following requirements selected by the Buyer, i. to replace a product of the wrong quality with a product of the right quality; reduce the price of the goods accordingly; to remedy the defects of the goods free of charge within a reasonable time; to reimburse the costs of elimination of defects in the goods, if the Seller has not eliminated the defects himself or with the help of third parties without the Seller eliminating them within a reasonable period of time; unilaterally terminate the contract and demand a refund of the money paid for the goods.
The Buyer must attach to the request a document confirming the purchase-sale of the goods from the Seller. Failure to submit a document confirming the purchase and sale of the goods from the Seller - the Buyer's requirements are not met.
The Seller, having received a written request from the Buyer, must provide the Buyer with a detailed reasoned written response no later than within 10 days from the date of receipt of the Buyer's request, unless otherwise provided by other legal acts.
If the Seller proves that the defects of the goods have arisen due to the Buyer violating the rules of use or storage of the goods, such goods shall not be replaced, the defects shall not be eliminated free of charge and the money shall not be refunded.
6.2.2. If the Buyer does not like the shape, size, color, model or completeness of the purchased product:
If the Buyer does not like the shape, size, color, model or completeness of the purchased product, he has the right to replace it with a similar product of other dimensions, shape, color, model or completeness within fourteen days from the date of receipt of non-food products. If there is a price difference when changing the product, the Buyer must pay the Seller according to the recalculated prices.
In this case, the Buyer shall submit a written request to the Seller stating his wish. The Buyer must attach to the request a document confirming the purchase-sale of the goods from the Seller. Failure to submit a document confirming the purchase and sale of the goods from the Seller - the Buyer's requirements are not met.
The buyer can exercise this right only if the product has not been used, it is not damaged and has not lost its appearance. A change in the appearance of the product or its packaging which was necessary to inspect the product cannot be considered a change in the appearance of the product.
In the event that the Seller does not have a product suitable for replacement, the Buyer has the right to return the product to the Seller and recover the money paid for it within fourteen days from the date of receipt of the non-food goods.
6.2.3. Peculiarities of food return and exchange:
The Buyer who has purchased a food product of poor quality before the expiration date of the product, as well as in case the expired product has been sold to the Buyer, must submit a written request to the Seller stating the order number and the name of the returned product. and one of the following requirements selected by the Buyer, ie require the product to be replaced by a product of the same quality; reduce the price accordingly; return the product to the Seller and demand a refund of the money paid for the product.
The Buyer must attach to the request a document confirming the purchase-sale of the goods from the Seller. Failure to submit a document confirming the purchase and sale of the goods from the Seller - the Buyer's requirements are not met.
Upon receipt of the Buyer's written request, the Seller must provide the Buyer with a detailed reasoned written response no later than within 10 days from the date of receipt of the Buyer's request, unless otherwise provided by other legal acts.
If the Seller proves that the defects of the goods have arisen due to the Buyer violating the rules of use or storage of the goods, such goods shall not be replaced, the defects shall not be eliminated free of charge and the money shall not be refunded .
6.3. Place of return and exchange of goods:
For exchange or return of goods, please call 8700 66066 or e-mail. email info@Amelum.com. Once the place and time have been agreed, the product can be exchanged or returned using courier services.
7. BUYER DATA PROCESSING
7.1. The Seller, to the extent required by the conditions of concluding and executing the contract, has the right to receive information identifying the Buyer and confirming his right to conclude the contract. In this case, the Buyer's personal data is used only for the purposes of concluding and executing the contract concluded in electronic form.
7.2. The personal data provided by the Buyer is processed in accordance with the requirements established by the Law on Legal Protection of Personal Data of the Republic of Lithuania, other legal acts of the Republic of Lithuania regulating the processing and protection of this data.
7.3. The Buyer's personal data is processed for direct marketing purposes only with the Buyer's consent.
8. FINAL PROVISIONS
8.1. The Parties agree to cooperate in carrying out their obligations under this Agreement.
8.2. The Parties agree to act prudently, fairly and diligently in fulfilling their obligations under this Agreement.
8.3. Either party shall be released from liability for failure to fulfill its obligations if it proves that these obligations could not be fulfilled due to force majeure which it could not avoid or overcome.
8.4. A party unable to fulfill its obligations due to force majeure must notify the other party as soon as possible. Notification is also required when the grounds for non-compliance cease to exist. Failure to notify in time will render the defaulting party liable for damages that would otherwise have been avoided.
8.5. All notices provided for in the contract or relating to the performance of the contract or the defense of claims arising out of the contract in civil proceedings must be in writing. The Seller sends all other notices and otherwise contacts the e-mail address or telephone number provided in the Buyer's registration form, and the Buyer sends all notices and questions to the means and addresses indicated in the link "Contacts" in the Amelum.com e-shop. If the notice is sent by e-mail, it shall be deemed to have been received by the party on the same day as the notice was sent, if it was sent during business hours. If the notice is sent by registered letter, it shall be deemed to have been received by the addressee ten working days after dispatch.
8.6. The law of the Republic of Lithuania shall apply to the regulation of relations arising from this Agreement.
8.7. Disputes concerning the performance of the contract shall be settled by agreement of the parties. Before going to court, the injured party must submit a written claim to the party in breach of contract. If the dispute cannot be resolved within the reasonable term provided for in the claim, they shall be resolved in the courts of the Republic of Lithuania in accordance with the procedure established by regulatory enactments. The costs of the Seller related to the recovery of the Buyer's indebtedness shall be borne by the Buyer.
8.8. The annexes to this Agreement form an integral part of this Agreement.
Withdrawal from the contract
Taking into account that before concluding the purchase and sale agreement in the e-shop Amelum.com the Buyer is provided in writing with detailed information about the offered goods, the Seller, the sale and delivery price, the period for which the offer and price are valid, the Buyer's right to withdraw the procedure for implementation of the rules of Article 6.22810 of the Civil Code, the procedure for payment, delivery, product guarantees provided by the seller and the Buyer may get acquainted with this written information before concluding the contract of sale of goods - by notifying the Seller in writing within fourteen days from the date of delivery of the goods.
The Buyer is not entitled to exercise the aforementioned right to withdraw from the contract of sale if the contract was concluded for goods which were made to the Buyer's individual order or are clearly tailored to him, or which by their nature cannot be returned to the Buyer due to loss of goods ( are perishable or expire.
If the Buyer decides to exercise the right of withdrawal granted by law, he must inform the Seller of his decision in writing: by submitting a completed withdrawal form, which can be found by clicking on the link, or by submitting a clear statement setting out his decision to withdraw. The Buyer must send or transfer the goods to the Seller immediately and no later than within fourteen days from the date of submission of the notice of withdrawal to the Seller. The direct cost of returning the goods is borne by the Buyer.
The Seller shall return the money paid for the goods to the Buyer within fourteen days after receiving the Buyer's notice of withdrawal from the contract of sale of goods. The money is not returned until the goods purchased by the Buyer are returned to the Seller.
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