Purchase from, payment rules

ESHOPPING RULES

 

These Terms and Conditions of Sale and Purchase (hereinafter referred to as the "Terms and Conditions") Rules) determines the person purchasing the goods www.shop.girupis.lt  (hereinafter referred to as - Shop) in the online shop (hereinafter referred to as Buyer) and UAB GIRUPIS.LT (hereinafter - Seller), legal entity code 302947798, registered office address Vandžiogalos pl. 88D, Kaunas, LT - 47477, VAT payer code LT100007395219, data about the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania, contact phone number +37061863674, e-mail address [email protected],  mutual rights, duties and responsibilities when the Buyer purchases goods from the online shop.

 

  1. GENERAL PROVISIONS
    • These Rules are a legally binding document. Once the Buyer decides to purchase goods from the Shop and fulfils the requirements set out in the Terms and Conditions, the Terms and Conditions shall become a contract of sale between the Buyer and the Seller.
    • The Buyer may only purchase goods in the Shop after having read Rules and committed to abide by and comply with them. The Buyer is invited to read the Terms and Conditions at the time of each purchase. If the Buyer places orders in the Shop, the Buyer shall be deemed to have read, understood and accepted the Terms and Conditions.
    • Before selecting goods, placing an order or otherwise using the Shop, the Buyer must familiarize themselves with the Shop's privacy policy. If the Buyer places orders, fills out forms in the Shop or otherwise uses the Shop, the Buyer shall be deemed to have read and agreed to the Privacy Policy.
    • The Seller has the right to change the Terms and Conditions. Amendments to the Rules shall come into force after their publication in the Shop. If the Buyer uses the Shop after the publication of the amendments to the Terms and Conditions, the Buyer shall be deemed to have accepted the amendments to the Terms and Conditions.
    • The trading activity in the Shop is carried out from the territory of the Republic of Lithuania.

 

  1. CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
    • The Buyer may:
      • When registering in the Shop - by entering the details requested in the registration;
      • Without registering in the Shop - as an unregistered Buyer.
    • The Purchase and Sale Agreement shall be deemed to have been concluded from the moment when the Buyer, in accordance with the Seller's instructions, selects the desired product in the Shop and forms a shopping cart, specifies the method of collection of the goods and other necessary data, familiarises himself with the Terms and Conditions and/or Conditions of Purchase provided by the Seller, clicks the „Order“ / „Pay“ button, makes a prepayment, if any, and is notified by the Seller of the confirmation of the order of the Buyer.
    • A Sales Contract is concluded for each order placed by the Buyer.
    • The Purchase and Sale Agreement shall be deemed to be executed when the goods are handed over to the Buyer in accordance with the procedure set out in the Rules and the legislation of the Republic of Lithuania.
    • The Seller may not confirm the Buyer's order for important reasons, for example, if the Buyer does not meet the Buyer's eligibility requirements (e.g. age), does not fulfil all the terms of the order, the Seller does not have the goods the Buyer wants, the Buyer has not confirmed acceptance of the Terms, the Buyer is making bulk purchases in the Seller's opinion, and/or for other reasons individually specified to the Buyer.
    • The concluded sales contract is stored in the Seller's database.
    • If, in accordance with the legislation of the Republic of Lithuania, certain goods may only be purchased by persons meeting certain conditions (e.g. age) and, at any time prior to the execution of the contract of sale and purchase, it becomes apparent that the person ordering and/or collecting the goods does not meet such requirements, the goods shall not be transferred to the Buyer. In such a case, the Buyer shall be refunded the money paid for the Goods, less the Seller's delivery costs.

 

  1. RIGHTS AND OBLIGATIONS OF THE BUYER
    • The Buyer has the right to:
      • purchase in the Shop in accordance with the Rules, the Seller's instructions and the legislation of the Republic of Lithuania;
      • The Buyer-Consumer shall have the right to withdraw from the contract of sale concluded in the Shop by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in the Civil Code and these Rules;
      • return and/or replace goods that are faulty and/or incorrectly supplied, and take advantage of the guarantees applicable to the goods;
      • to other rights provided for in the Rules and/or in the legislation of the Republic of Lithuania.
    • The Buyer undertakes:
      • pay the price of the goods and their delivery, other payments specified when ordering the goods and accept/collect the ordered goods;
      • to inspect and check the goods upon receipt/collection of the goods, as well as to inform the Seller of any damage to the consignment, clearly visible defects in the goods, or inconsistency of the model, configuration or equipment of the goods with the Buyer's order;
      • to check the quality of the purchased goods and to inform the Seller immediately of any defects in the quality of the goods which could not have been noticed at the time of delivery;
      • pay the costs of returning the goods, if any, to the Buyer;
      • to update the information immediately if the Buyer's data necessary for the delivery of the goods and the performance of the sale and purchase agreement have changed;
      • not to disclose to any third party the order number, order documents, Shop password or any other data that would allow a third party to collect the goods on behalf of the Buyer without the Buyer's knowledge and consent;
      • not to use the Shop in a manner that may jeopardise the proper functioning, security, integrity or accessibility of the Shop or restrict the use of the Shop by others;
      • comply with other requirements set out in the Rules and the legislation of the Republic of Lithuania.

 

  1. RIGHTS AND OBLIGATIONS OF THE SELLER
    • The seller has the right to:
      • limit or suspend the Customer's access to the Shop without prior notice if the Customer attempts to interfere with the operation or stable functioning of the Shop and/or breaches his/her obligations. The Seller shall not be liable for any adverse consequences caused to the Buyer by such actions;
      • limit or prohibit bulk purchases;
      • temporarily or permanently discontinue the operation of the Shop, modify the Shop or parts of the Shop, the whole or any of its contents, restrict purchases made therein, change the web address of the Shop, restrict the number of registered Customers, without prior notice to the Customer. The Seller shall not be liable for any adverse effects on the Buyer caused by such actions;
      • change the Rules, prices of goods, conditions of purchase and/or any other instructions relating to the Shop by posting the changes in the Shop.
    • The Seller undertakes:
      • timely and properly transfer/deliver the goods to the Buyer;
      • if for important reasons the Seller is unable to deliver the goods to the Buyer, to offer the Buyer an analogous or substantially similar product and, if the Buyer refuses to accept such a product, to refund the Buyer the money paid within 3 working days;
      • if unable to deliver the goods to the Buyer, refund the money paid by the Buyer for the missing goods or for the whole order within 3 working days;
      • enable the Buyer to use the Shop;
      • respect the privacy of the Buyer and protect the confidentiality of his/her data.

 

  1. PRICE AND PAYMENT OF GOODS
    • Prices are quoted in euros including value added tax. The Goods shall be sold to the Buyer at the prices prevailing in the Shop at the time the order is placed. The specific price of the Goods and the amount payable for the Goods shall be shown to the Buyer at the time of ordering. If the Buyer does not agree with the price, the Buyer shall not be able to proceed with the order.
    • The Seller may set a minimum basket of goods in the Shop, i.e. the minimum amount for which the Buyer must purchase goods. The amount of the minimum basket shall be displayed before the order is placed.
    • Unless otherwise specified by the Seller, delivery of the goods is chargeable. Delivery charges are specified at the time of finalising the order. The delivery charges for the goods selected by the Buyer shall be shown to the Buyer before the order is confirmed. The amount of the delivery charge shall not be changed after confirmation of the order.
    • The buyer can pay for the goods in the following ways:
      • Prepayment - The Buyer must select „Pre-invoice“ at the time of ordering and send it from the Shop or the e-mail address provided - the pre-invoice is always sent to the e-mail address provided. Alternatively, you can use the integrated Bank Link system to make a payment using the payment tools integrated in the Shop.
      • Buyers who have Cooperation Agreements with UAB „GIRUPIS.LT“ do not need to pay for the goods in advance. In such cases, the payment terms and the Order execution procedure set out in the Cooperation Agreements shall apply.
    • The Buyer must pay for the Goods no later than 3 working days after the order has been placed (except where the Buyer has a Co-operation Agreement with the Seller). Payment shall be deemed to have been made when the total amount due has been credited to the Seller's account. If the Buyer fails to make payment on time, the Buyer shall be deemed to have refused to purchase the Goods and the Seller shall have the right to cancel the Buyer's order without prior notice to the Buyer.
    • The Buyer's order shall only be processed and the delivery period shall only commence after the Seller has received confirmation of payment from the Buyer. Where the Buyer pays for the Goods on delivery, the Buyer's order shall commence and the delivery period shall commence after the order is placed.
    • The invoice for the Goods shall, at the Seller's discretion, be delivered to the Buyer at the email address provided by the Buyer after the order has been placed or the Goods have been delivered, or shall be delivered to the Buyer upon delivery/collection of the Goods.

 

  1. DELIVERY OF GOODS
    • Goods are delivered in Lithuania, Latvia and Estonia.
    • The Buyer chooses the method of delivery of the goods from the options indicated in the Shop. Goods may be delivered:
      • The Buyer shall collect the goods from the Seller's designated collection point at Vandžiogalos pl. 88D, Kaunas, LT - 47477;
      • Through couriers, both express courier companies and other logistics companies for palletised goods.
    • The Buyer shall be informed by e-mail and/or telephone of the delivery terms, the exact date and time of delivery, or the possibility of collecting the goods himself. These terms shall not apply where the Seller's warehouse does not have the goods required and the Buyer is informed of a shortage of the goods ordered. In such a case, the Seller undertakes to contact the Buyer immediately to agree on the delivery of the goods.
    • The Goods shall be delivered and handed over to the Buyer at the address specified by the Buyer. The Buyer undertakes to accept the goods himself or herself or to designate a person to accept the goods in the order If the Buyer is unable to accept the goods himself or herself, and the goods have been delivered and handed over to the address indicated and on the basis of the other data provided by the Buyer, the Buyer shall not have the right to make any claim to the Seller in respect of the delivery of the goods to the wrong entity.
    • If the Buyer does not collect the goods and does not give any other instructions for the delivery of the goods when contacted by the Seller, or if the Seller fails to contact the Buyer, the contract of sale shall be deemed to have ended. In such a case, the Seller shall refund to the Buyer the money paid by the Buyer, except for the amount compensating the Seller for the costs incurred by the Seller (only in cases where the Seller has incurred costs in fulfilling the order, e.g. where the Goods have been delivered to an individual customer and there is no other way of disposing of the Goods and the Goods are being sent back to the manufacturer).
    • Upon receipt of the goods, the Buyer must check the condition of the consignment, the quantity, quality and range of goods. If damage to the packaging of the consignment is detected, but no discrepancy in the quantity, quality or assortment of the goods is detected, the Buyer must note the damage to the packaging of the consignment on the delivery confirmation or on the forms provided by the person who delivered the consignment. In this case, the goods shall be deemed to have been delivered in damaged packaging, but the quantity, quality and range of the goods are in conformity with the terms and conditions of the contract of sale and the delivery of the goods is deemed to have been properly made.
    • In the event of any discrepancy in the quality, quantity and/or range of the goods, the Buyer may refuse to accept such goods. The Buyer must note the refusal to accept the goods and the irregularities found on the delivery confirmation and/or on the forms provided by the person delivering the consignment.
    • The Buyer's acceptance of the consignment without objection shall be deemed to mean that the Goods have been delivered in undamaged packaging and that the quantity, quality and range of the Goods are in accordance with the terms and conditions of the contract of sale.
    • The Buyer may be asked to provide proof of identity at the time of transfer of the goods, as well as the order information sent by the Seller to the Buyer.
    • The goods shall be deemed to have been handed over to the Buyer:
      • When the Buyer (his representative) accepts the goods at the Seller's place of business;
      • upon delivery of the goods to the address specified in the Buyer's order and upon the signature of the person receiving the goods on the goods receipt or invoice or other delivery document.
    • If the goods are not delivered on time, the Buyer shall inform the Seller immediately, but not later than within 1 day. Otherwise, the Buyer may not claim against the Seller for late delivery.
    • The Seller shall be exempt from liability for breach of delivery deadlines if the goods are not delivered to the Buyer or are not delivered on time due to the Buyer's fault or due to circumstances beyond the Buyer's control. Goods returned to the Seller for such reasons will not be resent to the Buyer until the Buyer has paid the additional delivery costs.

 

  1. PRODUCT QUALITY
    • The characteristics of the goods for sale are generally indicated in the description of each good. The colour, shape or other parameters of the goods in the Shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the electronic devices used by the Buyer or other technical reasons, as well as to reasonably possible discrepancies in appearance.
    • Unless otherwise stated in the Shop, goods purchased by Consumer-Buyers are subject to the normal 12-month quality guarantee.
    • Goods purchased by business buyers are covered by a 12-month warranty.
    • In cases where a certain shelf life is specified for particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a realistic opportunity to use such goods before the expiry of the shelf life.
    • In the event of defective goods, the Buyer shall be entitled, by mutual agreement, to keep the defective goods and to recover part of the price paid for such goods.

 

  1. THE RIGHT TO WITHDRAW FROM THE CONTRACT. RETURN OF GOODS
    • The buyer-consumer has the right to withdraw from an off-site distance sales contract within 14 days of receipt of the goods by the buyer or a person designated by the buyer (other than the carrier), without giving any reason. If the Buyer purchases several goods in a single contract, his right of withdrawal shall apply in respect of all or part of the goods. The conditions set out in points 8.2 to 8.7 of these Regulations shall apply to the return of goods by the Buyer-consumer.
    • The right of the buyer-consumer to withdraw from distance and off-premises contracts does not apply to these contracts:
      • service contracts where the services have been provided in full with the consumer's consent before the statement of withdrawal;
      • contracts for goods made to the consumer's specific instructions, which are not pre-manufactured and which are made in accordance with the consumer's personal choice or instruction, or for goods which are expressly tailored to the consumer's personal needs;
      • contracts for perishable goods or goods with a short shelf life;
      • contracts for packaged goods that have been unpacked after delivery and are unsuitable for return for health or hygiene reasons;
      • contracts for goods which, by their nature, are indistinguishable from other goods after delivery;
      • other contracts provided for in Article 228 (10) (2) of the Civil Code.
    • In order to exercise the right to withdraw from the Purchase and Sale Agreement, the Buyer must notify the Seller of his/her decision by providing an unambiguous statement to the Seller by e-mail: shop.girupis.lt, as well as provide the documents confirming the purchase of the goods (invoice, receipt, etc.). In order to comply with the withdrawal period, it shall be sufficient for the Buyer to send a notification of the exercise of his right to withdraw from the sales contract before the expiry of the withdrawal period.
    • Upon giving written notice of withdrawal and other information specified by the Seller, the Buyer shall, without delay and not later than 14 days from the date on which such notice is given to the Seller, send/transfer the Goods to the Seller or to the Seller's designated representative. The Buyer may also deliver the goods himself to the Seller at Vandžiogalos pl. 88D, Kaunas, LT - 47477.
    • The Buyer is responsible for the proper packaging of the goods for return. The Buyer shall bear the direct costs of returning the goods, unless the Seller instructs the Buyer otherwise after receiving the notice of withdrawal. The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer's choice of a method of returning the goods other than the cheapest usual method offered by the Seller.
    • The Buyer shall be refunded for the returned goods, including delivery costs, after the goods are returned to the Seller. Where goods are returned via intermediaries (couriers), the money shall be refunded to the Buyer by bank transfer to the account from which the payment was made, or to an account separately specified by the Buyer if the payment was not made by bank transfer. If the goods are returned directly to the Seller, the refund shall be made in cash up to EUR 500 or, if the amount to be refunded exceeds EUR 500, by bank transfer to the account from which the payment was made or to an account separately specified by the Buyer if the payment was not made by bank transfer.
    • The Seller shall not be deemed to be in breach of the refund conditions if the Seller is unable to revalidate the money due to the Buyer's fault (delay in returning the goods, failure to provide information on the dispatch of the goods, inaccurate data, etc.).
    • In cases other than withdrawal, if the Buyer does not like the shape, size, colour, model or completeness of the goods, the Buyer shall have the right to replace them with an equivalent product within 14 days from the date of the sale of the non-food goods, if the Seller has not set a longer time limit. If the Seller does not have a suitable replacement product, the Buyer has the right to return the product to the Seller and recover the money paid for it. Some quality goods, as well as services properly provided, cannot be returned. Non-exchangeable and non-returnable goods are specified in the „Rules of Retail Trade“, approved by the Government of the Republic of Lithuania by Resolution No. 697 of 11 June 2001.
    • In the case of the sale of faulty goods, the buyer can ask for the faulty goods to be replaced by a suitable one, for the price of the goods to be reduced, for the goods to be returned, and for the money paid for the goods to be refunded. Replacement and return of defective goods shall be carried out in accordance with the procedure set out in these Rules and the legislation of the Republic of Lithuania. Defective goods shall be returned at the expense of the Seller.
    • When returning the goods to the Buyer, the following conditions must be met: the goods must be in their original or other type of packaging; the goods must be undamaged by the Buyer; the goods must be unused, in good condition, i.e. the labels must be intact, the protective films must not have been torn off, etc. (The goods must be in the same condition as when received by the Buyer; when returning the goods, it is necessary to present the invoice or receipt confirming the purchase of the goods and to fill in a return request.
    • If the returned goods are not complete, damaged, defective and/or improperly packaged, the Seller shall have the right not to accept the returned goods and not to refund the money paid by the Buyer for the returned goods.
    • Before returning or exchanging low-quality goods, as well as in cases where high-quality goods are returned for reasons other than cancellation, the Buyer-Consumer shall contact the Seller at the telephone number provided by the Seller (+370618 63 674) or by email ([email protected]) and agree on the conditions for returning or exchanging the goods.
    • Business Buyers must contact the Customer by phone +370618 63 674 or email [email protected] or contact their company's dedicated manager, as specified in the Cooperation Agreement, for the return or exchange of Goods.

 

  1. RESPONSIBILITY OF THE PARTIES
    • The Seller shall be exempted from liability in cases where the loss is caused by the Buyer's failure to read the Terms and Conditions and/or the Conditions of Sale and Purchase, without taking into account the Seller's recommendations and its obligations, even though the Buyer was given the opportunity to do so.
    • In the event of damage, the party at fault shall indemnify the other party against direct damages, unless otherwise provided by law.
    • The Seller shall not be liable for non-performance of the contract of sale and/or non-delivery or delayed delivery of the goods if this is due to the fault of third parties or to circumstances beyond the Seller's control and reasonable foreseeability at the time of the conclusion of the contract of sale, and which the Seller could not have prevented from occurring and could not have prevented from occurring or from being caused by such circumstances or their consequences (force majeure circumstances). If the circumstances referred to above last for more than 1 month, the parties may terminate the contract of sale by mutual agreement.

 

  1. FINAL PROVISIONS
    • The information provided in the Shop, such as the Terms and Conditions, information about the Seller, the goods offered and their characteristics, the procedure for exercising the Buyer's right of withdrawal, the Seller's maintenance services and warranties, etc., shall be deemed to be provided to the Buyer in writing.
    • The Terms and Conditions and the contract of sale between the Buyer and the Seller shall be governed by the law of the Republic of Lithuania.
    • The Seller may at any time assign its rights and obligations under these Terms and Conditions to third parties without the consent of the Buyer and without notice to the Buyer.
    • Any disagreement between the Buyer and the Seller regarding the Terms and Conditions shall be settled by negotiation. If the parties fail to resolve the dispute by negotiation within 14 calendar days, the disputes shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
    • The Buyer-Consumer may submit a request and/or a complaint regarding the goods or services purchased in the Shop to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax. 8 5 279 1466, e-mail [email protected], website vvtat.lt, its territorial units in the districts) or by filling in the application form on the Electronic Consumer Dispute Resolution Platform, available at http://ec.europa.eu/odr/, but the Buyer must first contact the Seller in accordance with applicable law. This clause does not apply to Business Buyers.
    • These rules were updated on 9 August 2023.