RULES FOR BUYING GOODS AND PROVIDING SERVICES IN THE E-SHOP
Current version 2024-01-15
- CONNECTIONS
1.1. Seller – UAB Metalija, brand name – IEŠMAS.LT, legal entity code 303272994, address Jutiškių k. 8, Jutiškių k., Panevėžio r., VAT payer code LT100013485412.
1.2. E-shop – this online shop located at www.iesmas.lt.
1.3. You / Buyer – 1) a natural person who is legally able to enter into transactions and who buys goods for personal consumption (not for business purposes), 2) a legal entity of the Republic of Lithuania purchasing the goods as an end user (intending to use the goods for representational or other purposes) for purposes other than the resale or use of the goods for business, manufacturing or service purposes; 3. duly authorised representatives of all of the above.
1.4. Rules – these rules, which set out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and services offered by the Seller and payment for them, the procedure for the delivery and return of goods and services, the liability of the parties, and other provisions related to the purchase and sale of goods and services in the e-shop.
1.5. Parties / Party – the Buyer and the Seller, jointly or separately.
1.6. Goods/Services – everything that is sold in the E-Shop. As used in the Terms, ‘Goods’ includes services when goods and services are sold on the E-Shop, unless otherwise stated in the Terms.
- GENERAL PROVISIONS
2.1 These Terms and Conditions are a binding legal document which sets out the rights, duties and responsibilities between the Buyer and the Seller and other provisions relating to the purchase of goods and services offered by the Seller when the Buyer purchases goods or services in the E-Shop.
2.2. In order to use the E-Shop and purchase goods and services from it, the Customer must agree to the Terms and Conditions. Once the Buyer has acknowledged his/her acknowledgement and acceptance of the Terms and Conditions, he/she undertakes to comply with them. By purchasing goods and services on the E-Shop, the Customer agrees to the application of the Terms and Conditions and confirms that he/she has understood them. If the Buyer has not read and/or understood the Terms and Conditions or has not agreed to them, the Buyer may not purchase goods and services in the Shop.
2.3. By confirming that he/she has read and understood the Terms and Conditions, the Buyer also confirms that he/she meets the definition of a Buyer.
2.4. The Seller has the right to change the Terms at any time at its sole discretion. Amendments to the Terms and Conditions shall come into force after their publication in the Shop. If the Buyer uses the Shop in any way after the publication of the amendments to the Terms and Conditions, the Buyer shall be deemed to have accepted all amendments to the Terms and Conditions.
- CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
3.1. The e-shop is open to registered and non-registered users.
3.2. The contract of sale is between the Seller and the Buyer. The legal relationship of sale and the contract between the Seller and the Buyer shall be deemed to have been concluded when: (i) The Buyer shall place an order by forming a shopping basket in accordance with the instructions given by the Seller, (ii) The Buyer chooses the method of delivery or collection, (iii) the Buyer chooses the method of payment and pays for the order in full.
3.3. The Seller shall confirm the Buyer’s order by displaying and/or sending the order information and a confirmation message (by email and/or telephone) and/or a VAT invoice. In cases where the Buyer does not accept all or part of the Terms and Conditions, the Buyer may not order the goods. The Buyer can only form a basket if he/she accepts the Terms and Conditions.
3.4 The Seller shall be entitled to send or show to the Buyer other interim notices prior to the conclusion of the contract of sale and purchase, such as a notification of a payment to be made or a confirmation of receipt of payment.
- RIGHTS OF THE PURCHASER
4.1. The Buyer shall have the right to make purchases in the E-Shop in accordance with the Rules, other instructions and instructions of the Seller and the legislation of the Republic of Lithuania.
4.2. The Buyer-Consumer shall have the right to withdraw from the contract of sale and purchase concluded by purchasing goods in the E-Store by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in these Rules and the Civil Code of the Republic of Lithuania.
4.3. The Buyer also has the right to return and/or replace goods that are of poor quality and/or incorrectly completed, and to benefit from any warranties applicable to the goods.
4.4 The Buyer shall also have other rights provided for in the Terms and Conditions and/or the legislation of the Republic of Lithuania.
4.5 The Buyer’s right of withdrawal shall not apply in respect of goods made to the Buyer’s specific instructions, which are not pre-manufactured, and which are made in accordance with the Buyer’s personal choice or instruction.
- BUYER’S OBLIGATIONS
5.1. The Buyer shall be obliged to pay the price of the goods ordered and their delivery to the Buyer, as well as any other payments (if any, specified at the time of conclusion of the Contract), and the costs of returning the goods, if any, to the Buyer.
5.2. The Buyer undertakes to accept the ordered goods in accordance with the chosen delivery method. In the event that the Buyer chooses to have the goods delivered at a pick-up location specified by the Buyer, the Buyer undertakes to do so within the time limit set by the Seller.
5.3. The buyer has a duty to inspect and check the goods upon acceptance. In such case, if the Buyer notices damage to the shipment of goods from the E-Shop, clearly visible defects in the goods or any other inconsistency between the goods ordered by the Buyer, the Buyer must inform the Seller within 24 hours from the time of receipt of the goods. The Buyer shall inform the Seller of any defects in the quality of the goods at info@iesmas.lt, +37067712304.
5.4. The Buyer undertakes not to use the e-shop in such a way that may jeopardise the proper functioning, security or integrity of the e-shop or restrict the ability of others to use the Shop. The Buyer is obliged to use the E-Shop only for lawful purposes.
5.5. The Buyer shall also be obliged to comply with other requirements set out in the Rules and the legislation of the Republic of Lithuania.
- SELLER’S RIGHTS
6.1. The Seller shall have the right to suspend or discontinue the operation of the E-Shop at any time, at its sole discretion, without notice to the Buyer. In the event of temporary suspension of the E-Shop, orders placed by Customers shall be terminated, but no new orders shall be accepted from the date of suspension or termination of the E-Shop as determined by the Seller.
6.2. The Seller shall have the right to contact the Buyer if the Seller is unclear about the order or needs to clarify the Buyer’s information in order for the Seller to be able to properly fulfil the order.
6.3. The Seller shall have the right to cancel the Buyer’s order in accordance with the terms and conditions set out in the Regulations.
6.4. The Seller shall have other rights provided for in these Terms and Conditions or the legislation of the Republic of Lithuania.
- SELLER’S RESPONSIBILITIES
7.1. The Seller has the obligation to respect the Buyer’s privacy, to protect the confidentiality of his/her data in accordance with the procedure set out in the Terms and Conditions and the laws of the Republic of Lithuania and the E-Shop Privacy Policy.
7.4. The Seller undertakes to deliver the ordered goods to the Buyer in accordance with the Buyer’s chosen method of delivery, or to prepare the goods for collection if this method of delivery is chosen.
7.5. In accordance with the procedure provided for by the Rules and the laws of the Republic of Lithuania, the Seller undertakes to accept the goods returned by the Buyer.
7.6. If the Seller is unable to provide the Buyer with the goods ordered, the Seller undertakes to refund the money paid by the Buyer for the missing goods or for the whole order within 14 working days.
- PRICES AND PAYMENT FOR GOODS
8.1. All prices of goods sold in the E-Shop are quoted in euros, including value added tax (VAT).
8.2. To order and purchase goods from the E-Shop, the Customer shall pay for the goods in the following ways: 8.2.1. by payment in the Paysera system – payment by electronic banking service, where the Customer is securely directed from the shopping cart to the bank of his/her choice and payment is made.
8.4.2 by paying for the goods in cash at a bank, Lietuvos Paštas and PayPost outlet, Maxima store, Perlo terminals convenient for the Buyer. When paying for the goods in this way, the order number must be entered in the payment destination field. The Buyer shall transfer the money to the account specified by the Seller. In this case, the responsibility for data security rests with the designated money transfer operators.
8.4.3 Bank transfer via the money transfer system of the Buyer’s choice.When paying for the Goods in this way, the Buyer must specify the order number in the payment destination field. The responsibility for data security in this case rests with the designated money transfer operators.
8.3. The Goods shall be sold to the Buyer at the prices prevailing in the E-Shop at the time of placing the order. The specific price of the goods and the amount payable for the goods are shown to the Buyer when the shopping cart is created.
8.4. If the Buyer does not agree with the price quoted, the Buyer may not proceed with the ordering procedure and order the goods.
8.5. The price of the Goods does not include the cost of delivery of the Goods and the cost of services that the Buyer may order from the Seller. Unless otherwise stated, the delivery service and other services are chargeable. The prices of these services and the procedure for calculating and paying for them shall be indicated in the Shop.
8.6. When purchasing goods in the Shop, payment may be made by the methods specified in the Shop.
8.7. The documents for the purchase of the Goods – ordering information, VAT invoices – shall be provided to the Buyer electronically in the Buyer’s account or sent to the Buyer’s e-mail address from which the Buyer can download and/or print them. These electronic procurement documents are valid without signature.
- DELIVERY AND COLLECTION OF GOODS
9.1. The buyer has the option to choose the method of delivery. The e-shop offers the following methods of delivery (collection) of goods: the Omniva post office. Venipak post office, LPexpress post office. DPD post office, Lietuvos paštas, DPD courier, Venipak courier, delivery by buses to the bus station, home delivery in Panevėžys, free pick-up in Panevėžys at the address of the registered office.
9.2. If the Buyer chooses to collect the Goods at a place and time specified by the Seller, the Buyer undertakes to collect the Goods himself or through an authorised representative at a place specified by the Seller. If the Buyer specifies a different recipient, the Buyer warrants that the specified recipient or his representative will collect the goods at the time and place specified by the Seller.
9.3. If the Buyer chooses delivery, the Seller may deliver the goods himself or through an authorised representative or by courier. If delivery is chosen, the Buyer undertakes to take delivery of the goods himself and must have a valid proof of identity. If the Buyer is unable to take delivery of the Goods himself and the Seller delivers the Goods (by himself or by courier) to the address specified by the Buyer, then the Seller shall be deemed to have duly delivered the Goods, and the Buyer shall not be entitled to claim from the Seller for delivery of the Goods to the wrong person.
9.4. If the Seller specifies delivery, shipping or collection charges in the E-shop, the Seller has the right to change them at its discretion. The applicable rates shall be displayed in the order form in such a way that the Buyer has the opportunity to consult them before confirming the order.
9.5. If the Seller specifies delivery, dispatch or collection periods in the E-Shop, the Seller shall have the right to change them at its discretion. The applicable time limits shall be indicated in the order form in such a way that the Buyer has access to them before confirming the order.
9.6. The time limit for delivery of the Goods to the Buyer shall commence upon confirmation of the order.
9.7. The Seller shall be exempted from liability for breach of the time limits for delivery of the goods if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties or due to circumstances beyond the Buyer’s control.
9.8. The Buyer’s acceptance of the consignment without objection shall be deemed to mean that the Goods have been delivered in undamaged packaging, the quantity, quality and range of the Goods are in accordance with the terms and conditions of the Sales Contract, and the additional services related to the sale and delivery of the Goods have been performed in a proper manner.
9.9. The Seller shall not be liable for the fact that the colour, shape, smell or other parameters of the goods listed in the E-shop may not correspond to the actual size, shape, colour, the Buyer’s imagination due to the characteristics of the monitor used by the Buyer, the Buyer’s subjective assessment.
9.10. The risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Goods are handed over to the Buyer or his authorised representative or to the person who has taken delivery of the Goods at the delivery address specified by the Buyer.
9.11. In addition, the customer can find out about the delivery price and other standard conditions at https://iesmas.lt/pristatymas/
- RETURNS, EXCHANGES
10.1. The Seller’s rules for the return and exchange of goods purchased in the E-Shop are set out at https://iesmas.lt/grazinimas/
- BUYER DATA PROTECTION AND PRIVACY POLICY
11.1 The Seller shall ensure the protection and privacy of the Buyer’s data when the Buyer uses the E-Shop.
11.2. The Seller’s privacy policy states www.iesmas.lt/privatumo-politika.
- MARKETING MEASURES TAKEN BY THE SELLER
12.1 The Seller may, at its sole discretion, conduct various promotions, discounts, and other marketing and marketing measures. The Seller has the right to unilaterally cancel them at any time without prior notice and to modify the promotions, discounts and other marketing measures established. Amendments or cancellations shall take effect from the moment they are made.
12.2. Where the Buyer has purchased an item for which the Seller has given a discount or gift, or where the Buyer has paid with a gift card, and the Buyer has exercised the Buyer’s right to return the item, the Buyer shall only be refunded the amount actually paid by the Buyer for the item.
- RESPONSIBILITY OF THE PARTIES
13.1 The Buyer shall use the E-Shop only for lawful purposes as permitted by the Terms and Conditions and applicable law and shall be liable for any breach of this obligation.
13.2 The Buyer undertakes to ensure that the data provided by the Buyer when using the E-Shop is true, current and accurate. If the Buyer provides incorrect data, the Seller shall not be liable for the consequences thereof.
13.3 The Buyer is responsible for the security of his/her registration data and undertakes not to disclose them to third parties. The Seller shall not be liable for the consequences arising from the disclosure of the Buyer’s information to third parties.
13.4 If the Buyer provides his/her data to a third party who uses the E-shop using such data, the Seller shall treat such person as the Buyer and shall be subject to all the rights and obligations applicable to the Buyer.
13.5. The Seller shall be exempt from any liability in cases where the loss is due to the Buyer’s failure to read the Terms and/or the Purchase and Sale Agreement, despite having been given the opportunity to do so, without regard to the Seller’s recommendations and its obligations.
13.6 If the Seller’s Shop contains links to the websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information or activities contained therein and does not supervise, control or represent such companies and persons.
13.7. In the event of damage, the party at fault shall only compensate the other party for direct damages.
13.8 The Seller shall not be liable for non-performance of the Purchase and Sale Agreement and/or non-delivery or delayed delivery of the Goods, if this is due to the fault of third parties or due to circumstances beyond the Seller’s control and reasonable foreseeability at the time of the conclusion of the Purchase and Sale Agreement, and which the Seller could not have prevented from occurring or the consequences of such circumstances (force majeure circumstances). If the above circumstances persist for more than 1 (one) month, the parties may terminate the Purchase and Sale Agreement by mutual agreement.
- FINAL PROVISIONS
14.1 The Terms and Conditions and the Sale and Purchase Agreement and the legal relations arising between the Buyer and the Seller shall be governed by the applicable laws of the Republic of Lithuania and the European Union.
14.2. The Seller shall have the right, at its sole discretion, to change the Terms and Conditions unilaterally, without further notice. The changes shall come into force from the moment they are posted in the E-Shop and shall be binding for the Buyer who wishes to use the E-Shop.
14.3. The information provided on the Seller’s Shop website shall be deemed to have been provided to the Buyer in writing.
14.4. 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.
14.5 In the event of any disagreement between the Buyer and the Seller, such disagreement shall be settled by negotiation. In the event of failure to reach an agreement, disputes shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
14.6. 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. +370 5 262 67 51, fax. +370 5 279 1466, e-mail tarnyba@vvtat.lt, website www.vvtat.lt, its territorial units in the districts) or fill in the application form on the Electronic Consumer Dispute Resolution Platform available at http://ec.europa.eu/odr/. This clause does not apply to Business Buyers.
