Terms and conditions of sales and purchase in online shop
TERMS AND CONDITIONS OF SALE AND PURCHASE OF ONLINE STORE WWW.VELOSTREET.COM
1. DEFINITIONS
1.1. Terms and Conditions of Sale and Purchase - provisions of distance goods Sale and Purchase Contract that govern the rights and obligations of the Customer and the Provider, the conditions of acquiring goods and payment, delivery and returns, responsibility of the Parties concerned and other Sale and Purchase related issues.
1.2. Online Store – an internet-based shop that is located on the webpage www.velostreet.com, where the Customer, registered or non-registered, can purchase goods from the Provider.
1.3. The Provider and operator of the website www.velostreet.com (hereinafter known as the Provider) is PC “Vasare”, registered and operating in accordance with the laws of the Republic of Lithuania, registration No. 52491199, registered at Turgaus sq. 25, LT-91246, Klaipeda, the website is at www.velostreet.com.
1.4. A Customer is considered to be a person matching the requirements outlined in Paragraph 2.2 of the Terms and Conditions of Sale and Purchase and having acquired goods in the online store.
1.5. A Sale and Purchase Contract is a contract concluded between the Customer and the Provider for the purpose of buying or selling goods; it is made up of a goods purchase order which is provided to the Provider by the Customer via the online store, as well as the Terms and Conditions of Sale and Purchase with later additions and modifications.
2. GENERAL CONDITIONS
2.1. By means of the Sale and Purchase Contract, the Provider holds the obligations to sell and deliver goods to the Customer, whereas the Customer is expected to accept the goods and pay the set cost, as well as cover any delivery expenses in accordance with the conditions outlined in the Terms and Conditions of Sale and Purchase.
2.2. The following who have registered on the online store are eligible to buy goods:
2.2.1. Legally capable persons, i.e. legal adults who have not been declared by the court to be of limited legal capacity;
2.2.2. minors from fourteen to eighteen years of age;
2.2.3. legal entities;
2.2.4. authorized representatives of all the aforementioned above.
2.3. Minors, as indicated in Paragraph 2.2.2 of the Terms and Conditions of Sale and Purchase, have the right to conduct purchases in the online store only with the consent of their parents, foster parents or other authorized persons, except in cases when such persons as mentioned above have access to personal independent funds.
2.4. The trade of the online store is carried out in the Republic of Lithuania.
2.5. The Customer can order goods at any time of the day.
2.6. Along with the goods order presented by the Customer, the Terms and Conditions of Sale and Purchase become a binding contract of Sale and Purchase between the Customer and the provider and constitutes a mandatory legal document for the two parties.
2.7. The Customer is not eligible to make an order online if he has not made himself acquainted with the Terms and Conditions of Sale and Purchase and / or disagrees with them. In cases when the Customer disagrees with some of the Terms and Conditions of Sale and Purchase or its entirety, he cannot place an order online. Otherwise, if an order has been received, it is maintained that the Customer has been acquainted and agrees with the Terms and Conditions of Sale and Purchase.
2.8. The provider assumes no risk or responsibility and is unconditionally excused of any and all responsibility if the Customer has not acquainted himself with the Terms and Conditions of Sale and Purchase partly or in full, even if such an opportunity was provided to him.
3. RIGHTS OF THE CUSTOMER
3.1. The Customer has the right to purchase goods online in accordance with the rules of the online store and the Terms and Conditions of Sale and Purchase.
3.2. The Customer has the right to withdraw from the Sale and Purchase Contract concluded in the online store, but only after having notified the provider in written form no later than within 14 (fourteen) calendar days from the day of delivery in accordance with the Civil Code and the provisions of the Terms and Conditions of Sale and Purchase.
3.3. The Customer has the right to appeal or file a complaint due to the goods or services purchased in the online store to the National Consumer Rights Protection Authority (Vilniaus st. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. 8 5 262 67 51, faks. (8 5) 279 1466, website address: www.vvtat.lt, territorial bodies in counties - /index.php?470187665) or file an application form on the EGS platform http://ec.europa.eu/odr/. When filing an application / complaint via the EGS platform, the Customer must indicate our email address: info@velostreet.com.
Or other alternative institutions dealing with consumer disputes in accordance with their area of competency: the Bank of Lithuania, the Communications Regulatory Authority of the Republic of Lithuania, the National Commission for Energy Control and Prices, the State Energy Inspectorate under the Ministry of Energy of the Republic of Lithuania, Council of the Lithuanian Bar Association or a body assigned (not yet notified by the European Commission) (Paragraph 22 of the Law of Consumer Rights Protection of the Republic of Lithuania).
4. OBLIGATIONS OF THE CUSTOMER
4.1. The Customer, after having placed an order online, must pay for the goods and accept them according to the Terms and Conditions of Sale and Purchase.
4.2. The Customer is fully responsible for his actions while using the online store.
4.3. The Customer is fully responsible for the accuracy, veracity, completeness and timely update of the data provided. The provider is under no legal obligation in case of damage to the Customer and / or third parties involved, if the Customer has provided inexact, false, incomplete or otherwise inaccurate data in the online registration form.
4.4. The Customer must immediately notify the provider in case of ordering the wrong goods in the request form. If the Customer notices the mistake in his account before his order status changes to “Dispatched”, he must notify the provider via email (info@velostreet.com) at once. The Customer must indicate his order number in the “Subject” line of the email (a reference to the order number is sent in an order confirmation email that is sent by the provider) with an additional note “Faulty Order”. The Customer may change his order prior to dispatch also by contacting the provider via phone. If the mistake has been noted after the order status has changed to “dispatched”, confirming dispatch of goods, then the goods are returned and subject to change as per Paragraph 11 of the Terms and Conditions of Sale and Purchase.
4.5. It is the Customer’s responsibility not to share their login details with third parties. If the Customer misplaces his login information, he must notify the provider immediately and no later than within one day.
4.6. The Customer is responsible for sharing his login information with third parties. If a third party is using the services of the online store using the login information of the Customer, the provider treats him as the intended Customer.
4.7. The Customer assumes full responsibility to maintain the Terms and Conditions of Sale and Purchase in using the services of the online store, other conditions clearly outlined in the online store as well as not to violate any legal acts of the Republic of Lithuania.
5. RIGHTS OF THE PROVIDER
5.1. The provider has the right to set a minimum amount for the online shopping basket, i.e. a minimum amount that has to be reached to start processing the order. This amount is displayed in the online store.
5.2. If the Customer attempts to cause any harm to the safety and stable functioning of the online store or violates the obligations that are outlined in Paragraph 4 of the Terms and Conditions of Sale and Purchase, then the provider has the right to suspend or terminate the Customer’s use of the online store instantly and without prior warning or to delete the Customer’s registration from the store.
5.3. The provider has the right to discontinue running the online store temporarily or permanently without any prior warning to the Customer.
5.4. The provider has the right to cancel the Customer’s order without prior notice if the Customer does not pay for the goods within 3 (three) working days as per Paragraphs 8.2.1, 8.2.2, 8.2.3, and 8.2.5 of the Terms and Conditions of Sale and Purchase.
5.5.If the Customer’s choice of payment is as outlined in Paragraph 8.2.4 of the Terms and Conditions, i.e. cash on delivery, the provider has the right to cancel the order without prior notice if he cannot make contact with the Customer within 3 (three) days of the purchase.
6. OBLIGATIONS OF THE PROVIDER
6.1. According to the provisions laid out in the Terms and Conditions of Sale Purchase as well as the rules of use of the online store, the provider must create opportunities for the Customer to make use of the services of the online store (create an account online, form a shopping basket, place an order, pay for an order, send an order).
6.2. The provider is responsible for delivering goods ordered by the Customer to the provided delivery address in accordance with the provisions laid out in Paragraph 9 of the Terms and Conditions of Sale and Purchase.
6.3. If unable to deliver the ordered goods, the provider must offer the Customer an analogous item as a replacement or at least one that is closest in its properties to the original item. If the Customer does not accept the analogous item or items with similar properties to the original, the provider must issue a refund within 3 (three) working days provided that the Customer’s payment was made in advance.
7. CUSTOMER REGISTRATION AND CONCLUSION OF THE SALE AND PURCHASE CONTRACT
7.1. The Customer can purchase goods in the online store by creating an online account on www.velostreet.com or continue without registration according to to the rules laid out on the website.
7.2. The Sale and Purchase Contract is deemed to have come into effect once the Customer, having selected the items and formed the shopping basket, presses on the active link “Review”, and then reviews his purchases, indicates the quantities, delivery and payment method, indicates a discount code (if applicable), connects to his user account or continues without registration and enters relevant Customer information, comments, indicates if VAT invoice is required, acquaints himself and agrees with the Terms and Conditions of Sale and Purchase, and presses on active link “Buy” which directs him to the payment section: via the “PaySera” payment system, bank transfer, credit card, using the international payment system “PayPal” or by a leasing contract via “Mokilizingas”, “SB lizingas”, “General Financing” or by paying cash on delivery.
7.3. Every contract of Sale and Purchase concluded between the Customer and the provider is registered and stored in the databases of the online stores. The Customer can view his purchase history by signing into his user account online.
8. PRICES, PAYMENT TERMS AND PROCEDURE
8.1. The sale price is indicated in the online store along with the name of each product. The prices in the online store and in the completed order form are given in EUR with the VAT included. The price does not include the cost of the delivery. The delivery costs shall be borne by the Customer after the latter chooses a specific delivery method.
8.2. The Customer may pay for the products in one the following ways:
8.2.1. By means of electronic banking. The advance payment is made using the Customer’s electronic banking system which is accessed through the system of the selected bank. If the Customer has concluded an e-banking agreement and chooses to pay for the goods using this method, the data from the pre-order invoice will be entered into the electronic banking system. The funds shall be transferred to the account of the online store at the relevant bank selected by the Customer. In this case, the responsibility for the security and protection of the data shall lie with the relevant bank, as all cash transactions would be carried out within the bank’s e-banking system.
8.2.2. By means of a credit card service system. The advance prepayment is made using one of the following credit card service systems: PayPal, UAB “First Data Lithuania” or First Data Latvia. In this case, the responsibility for the security and protection of the data shall lie with the companies administering the credit card service systems in question: UAB “First Data Lietuva“, First Data Latvia and PayPal (Europe) S. à.r.l & Cie, S.C.A.
8.2.3. By bank transfer. The Customer makes the advance payment by printing out the pre-order invoice and transferring the funds to the account of the online store at the local department of his bank.
8.2.4. Upon delivery. In this case, the Customer makes a payment to the employee of the courier service who has delivered the products, or pays for the products before retrieving them from the post office or the office of the courier service. Payments upon delivery may be made in cash or by card.
8.2.5. By concluding a hire-purchase agreement through the “Mokilizingas”, “SB lizingas” or “General Financing” system in accordance with the instructions provided therein.
8.2.6. By means of the Paysera payment collection system. The advance payment is made through the Paysera system once the Customer has chosen the most convenient method of payment. In this case, the responsibility for the security and protection of the data shall lie with the company administering the Paysera service system, Paysera LT.
8.2.7. By means of the Spectrocoin virtual money collection system. The advance payment is made using the Spectrocoin system once the Customer has chosen the most convenient method of paying for virtual money (Bitcoin). In this case, the responsibility for the security and protection of the data shall lie with the company administering the Spectrocoin service systems, UAB “Spectra Finance”. More details about virtual currencies and the associated risks can be found at the website of the Bank of Lithuania, www.lb.lt. A warning regarding virtual currencies can be found here: http://www.lb.lt/n22642/ispejimas_bitcoin.pdf
8.3. Should the Customer choose the method of payment specified in Paragraph 8.2.1, 8.2.2 or 8.2.3 of the Terms and Conditions of Sale and Purchase, the Customer undertakes to pay for the products in advance. Should the Customer choose the method of payment specified in Paragraph 8.2.1, 8.2.2, 8.2.3, 8.2.5, 8.2.6 and 8.2.7 of the Terms and Conditions of Sale and Purchase, the assembly of the package will begin and the delivery period will be calculated from the date the payment is received to the Provider’s account or from the receipt of the notification regarding the successful conclusion of a hire-purchase agreement.
8.4. The Provider shall not be held accountable for the execution of the payment orders under Paragraphs 8.2.1, 8.2.2, 8.2.3, 8.2.5, 8.2.6 and 8.2.7 of the Terms and Conditions of Sale and Purchase and for the timely transfer of the funds to the Provider’s account.
8.5. After the Customer places the order, clicking on the link with the selected order number in the “Order History” section will enable the Customer to see and, if necessary, print out the pre-paid order invoice. While entering into the contract with the Provider (before clicking “Buy”) one can order a VAT invoice which will be delivered along with the acquired products, by selecting “VAT invoice required” and completing the form with the requisite information.
9.DELIVERY
9.1. While ordering the products, the Customer must specify the place of delivery in the application form. If the Customer has any special requests or wishes to correct the order data, he must enter the desired information in the “Comments” section.
9.2. The Customer undertakes to accept the products in person. If the Customer is unable to accept the products in person and the products have been delivered to the address indicated and in keeping with the other information provided by the Customer, the Customer shall have no right to raise any claims against the Provider regarding any delivery-related discrepancies, including delivery to the wrong recipient.
9.3. The goods shall be delivered by the Provider or his authorized representative. The Provider or his authorized representative shall verify the identity of the Customer or the person accepting the products on his behalf on the basis of their identity document (passport, identity card, driving license of the new model). The Provider or his authorized representative shall make a note in the document confirming the transfer and acceptance of the products as to whether or not the identity of the person receiving the products coincides with that of the Customer or the person due to receive the products on his behalf, and, accordingly, hands over the products or declines to do so.
9.4. The Customer undertakes to accept the goods in person or else indicate the details of another person due to accept the products on the order form. In the event that the Customer or his authorized agent are unable to accept the products in person and the products have been delivered to the address indicated and in keeping with the other information provided by the Customer, the Customer shall have no right to raise any claims against the Provider regarding any delivery-related discrepancies, including delivery to the wrong recipient. If the Customer has placed a pre-paid order but repeatedly failed to collect or accept the products upon delivery, the order is withdrawn and stored with the Provider. The order shall be placed and delivered again at the Customer’s request only if the Customer re-orders the products and pays for the additional delivery service.
9.5. The Provider undertakes to deliver the products to the Customer within the term specified in the description of the given product. These terms shall not apply in cases where the product is out of stock and the Customer has been informed about the fact that the product is unavailable. The Customer agrees that in the presence of unforeseen circumstances outside the Provider’s control, the delivery period may differ from the one indicated for the product, or from the term agreed upon by the Customer and the Provider. In the case of unforeseen circumstances, the Provider agrees to immediately contact the Customer and coordinate the delivery period and other delivery-related issues.
9.6. The Provider shall be exempted from liability for the breach of the delivery period in all cases where the products are not delivered to the Customer or are not delivered on time due to the Customer’s fault or to force majeure.
9.7. The product is handed over to the Customer at the time of the delivery along with a VAT invoice (bill of lading) or other document to confirm the transfer and acceptance of the package. A VAT invoice is presented to the Customer at the time of the delivery if an application for a VAT invoice was filled out along with the order.
9.8. At the time of the delivery the Customer shall inspect the condition of the package together with the Provider or his authorized representative. Once the Customer signs the bill of lading (VAT invoice) or other document confirming the transfer and acceptance of the package, the package is considered to have been delivered in proper condition. Should the Customer notice that the outer packing is damaged (crumpled, wet or otherwise damaged on the outside), a note must be made about this in the bill of lading (VAT invoice) or other document confirming the transfer and acceptance of the package, and, in the presence of the Provider or his representative, draw a free-form deed of damage to the consignment. Furthermore, the Customer must immediately notify the Provider of the damage to the package. The notification is to be submitted to the following email address: info@velostreet.com. Should the Customer fail to draw the free-form deed of damage to the consignment as specified above, the Provider shall be exempt from liability for the damage to the products, if the latter resulted from or arose simultaneously with the damage to the outer packaging.
9.9. The delivery (transportation) fee is displayed after the Customer shapes the basket and chooses the delivery method. The Provider shall have the right to establish a different fee for the delivery (transportation) services if the delivery is to be made to Neringa or another location specified by the Provider. In the event of delivery outside Lithuania, the conditions and cost of the delivery may be discussed individually by the Customer and the Provider at the Customer’s initiative. The Provider shall have the right to apply special discounts to the delivery (transportation) fee for Customers who meet the conditions specified in the online store.
10. PRODUCT QUALITY ASSURANCE AND SHELF LIFE
10.1. The qualities of each product sold in the online store are referred to in the description of the given product available in the online store.
10.2. The Provider is not responsible for any discrepancies between the colour, shape or other parameters of the products in the online store and the actual size, shape and colour of the products if these were caused by the properties of the Customer’s monitor.
10.3. The Provider shall provide each product with a guarantee of quality, with the precise term and other terms and conditions specified in the description of the product.
10.4. In cases where the Provider does not provide a guarantee of quality for the product, the default warranty specified for such products in the relevant legislation shall apply.
10.5. Product warranty services shall be provided to the Customer by the Provider or by the warranty service centre indicated by the Provider.
10.6. In cases where the relevant legislation specifies a shelf life for a particular product, the Provider undertakes to sell such products to the Customer so as to give the Customer a real opportunity to use the product before the shelf life expires.
11. RETURNS AND EXCHANGES
11.1. Should any of the products be discovered to be faulty upon purchase, the defects shall be eliminated and the defective products shall be replaced and returned in accordance with Resolution Nr. 697 of the Government of the Republic of Lithuania “On the approval of the rules of retail sales”, issued on 11 June 2001.
11.2. In cases specified in Paragraph 11.1 of the Terms and Conditions of Sale and Purchase, the Customer shall observe the following terms and conditions while returning the product:
11.2.1. it is desirable, though not mandatory, that the item be in the original packaging and in orderly condition;
11.2.2. the components of the item to be returned must be the same as when the item was received by the Customer;
11.2.3. the item to be returned must be clean;
11.2.4. the warranty period for item to be returned may not be expired;
11.2.5. the Customer must present a written request to eliminate the deficiencies of the item free of charge, to replace an item of substandard quality with one of suitable quality free of charge, to reduce the price of the item in proportion to the deficiencies, or to unilaterally terminate the contract and refund the price of the item;
11.2.6. the Customer must provide proof of purchase (a receipt, invoice or document confirming the transfer and acceptance of the item).
11.3. The Customer can deliver the products due to be returned for warranty services to one of the centres specified by the Provider during business hours, or post them to the following address via the Provider’s courier or a courier service of their choice: UAB “Vasare”, Vytauto st. 147, 97133 Kretinga, Lithuania. If the Customer sends an item to the Provider to receive a refund, to have the item inspected for defects and to have the defects eliminated, or to replace a faulty item with another, non-faulty one, the shipping/delivery costs shall be covered by the Provider provided the items returned or exchanged are found to be faulty. If the items returned or exchanged are not found to be faulty, the shipping costs shall be borne by the Customer.
11.4. A Customer who is a physical entity has the right, without giving any reason and without incurring any costs other than those set out in Article 6.228(11) of the Civil Code, to withdraw from the contract within ąė (fourteen) days, except for cases specified in Part 2 of Article 6.228(10) of the Civil Code. The Provider grants no such right to a Customer who is a legal entity.
11.5. Should the Customer want to cancel the Sale and Purchase contractin one of the cases specified in Paragraph 11.4 of the Terms and Conditions of Sale and Purchase, he must send an email with a clearly formulated statement of the decision to the following email address: info@velostreet.com. The “Subject”line of the e-mail must contain the number of the VAT invoice issued when the products were purchased, followed by the addition “terminate sale and purchase contract”. When returning the items, one must provide the proof of purchase (VAT invoice).
11.6. When returning an item upon terminating the sale and purchase contract, the Customer must observe the following terms and conditions:
11.6.1. the item to be returned may not have been used;
11.6.2. the item to be returned may not have been damaged or tampered with;
11.6.3. the item to be returned must be in the original intact packaging, except for cases where the changes to the packaging were necessary to inspect the item;
11.6.4. the original labels may not have been removed from the item to be returned;
11.6.5. the components of the item to be returned must be the same as when the item was received by the Customer;
11.6.6. the item to be returned may not have lost its marketable appearance due to the Customer’sfault (except for cases where the changes to the item’s appearance could not be avoided wheninspecting the item). The Provider shall inform the Customer by e-mail within 14 (fourteen) days about whether or not the items returned meet the aforementioned conditions.
11.7. Upon receiving a statement from the Customer as specified in Paragraph 11.5 of the Terms and Conditions of Sale and Purchase, the Provider must immediately confirm to the Customer through a durable medium that the withdrawal notice has been received. The obligation to prove that the requirements for withdrawal from the contract have been complied with shall lie with the Customer.
11.8. In order to replace the returned items with other items, the Customer must indicate the names of the desired items or the references and reasons for the return in the e-mail specified in Paragraph 11.2 of the Terms and Conditions of Sale and Purchase. If the value of the replacement is greater than that of the returned item, the Customer shall pay the difference in price using one of the means specified in Paragraph 8 of the Terms and Conditions of Sale and Purchase. If the value of the replacement is smaller than that of the returned item, the Provider shall reimburse the Customer for the difference in price.
11.9. The Customer’s right to withdraw from the contract after it has been concluded shall not apply to the following contracts: service contracts if the services have been provided to the Customer in full and the Customer had given prior express consent and acknowledgment that he would lose the right to withdraw from the contract after its full execution by the Provider; contracts for products manufactured under the Customer’s special instructions, provided these are not pre-manufactured and are manufactured according to the Customer’s personal choice or directions, or for products clearly tailored to the Customer’s personal needs; contracts for perishable products or products with a short shelf life; contracts for packaged products which were unsealed after delivery and are unsuitable for return due to health or hygiene considerations; contracts for packaged audio or video recordings or packaged computer software that were unsealed after delivery; contracts for the delivery of newspapers, periodicals or magazines, except for subscriptions; contracts for the supply of digital content, where the Customer had given his prior express consent and acknowledgment that he would lose the right to withdraw from the contract.
10.11. The term for withdrawal from the contract expires after 14 (fourteen) days: in the case of a purchase and sale contract - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the order, or: if the Customer has ordered more than one product and the products are delivered separately - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the last product; if the product is delivered in separate consignments or parts - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the last consignment or part.
11.11. In the event of the Customer exercising the right to withdraw from the contract as provided in Paragraph 11.5 of the Terms and Conditions of Sale and Purchase, the Parties shall no longer have theobligation to carry out a distance contract or off-premises contract, or to conclude a distance contract or off-premises contract, if the Customer has submitted a proposal to conclude one.
11.12. The Provider shall, immediately and no later than within 14 (fourteen) days from receipt of the Customer’s withdrawal notice, reimburse the Customer for any of the amounts paid by the latter, including any delivery costs incurred at the time of purchase. The Provider must use the same method of payment for the full refund as the one used by the Customer to pay the Provider, unless the Customer has expressly agreed on a different method and will not incur any additional costs.
11.13. In cases where the Customer returns one or several, but not all of the items, the delivery costs shall not be refunded, provided the price of the delivery does not depend on the quantity, value or other properties of the products. In cases where the price of the delivery depends on the quantity, value or other properties of the product, the Customer shall be refunded for the extra part of the delivery fee, compared to the one that the Customer would have paid if the returned item(s) had not been ordered.
11.14. The Provider is not required to refund the Customer for any additional costs incurred because the Customer had explicitly chosen a delivery method other than the cheapest regular delivery offered by the Provider.
11.15. The Provider may refuse to refund the Customer for the amounts paid by the latter until the products have been returned to the Provider or until the Customer furnishes evidence to prove that the products have been sent to the provider, depending on which occurs first. The Customer shall be informed by email when the Provider receives the returns.
11.16. The Customer shall, immediately and no later than within 14 (fourteen) days from submitting the withdrawal notice to the Provider, send or transfer the products to the Provider or to another person authorized by the latter. The products are to be sent to the following address: UAB “Vasare”, Vytauto st. 147, 97133 Kretinga, Lithuania. The parcel with the returned item must include a letter with the order number and the Customer’s personal details and bank account number. In the event that the Customer chooses to exercise the right to withdraw from the contract, the Customer shall bear the direct cost of returning the products.
11.17. If an off-premises contract was concluded and the product was delivered to the Customer’splace of residence at the time of the contract, the Provider must collect the items at his own expense should the Customer withdraw from the contract, if the item cannot be returned by post, by courier, or through other regular services offered by the mail service provider due to its nature.
11.18. The Customer shall be responsible for a decrease in the value of the product only if the reduction resulted from actions not necessary to determine its nature, properties or functioning. The Customer shall not be held responsible for the decrease in the value of the product if the Provider did not inform the Customer about his right to withdraw from the contract under Paragraph 7 of Part 1 of Article 6.228(7) of the Civil Code.
11.19. If the Customer exercises his right to withdraw from the contract, any supplementary contracts shall be automatically terminated without additional cost to the Customer, except for the costs specified in this article or in Article 6.228(12) of the Civil Code. Supplementary contracts are contracts under which the Customer acquires goods or services related to the present contract, and the goods are supplied or the services are provided by the Provider or by any other person pursuant to an agreement with the Provider. The Customer must immediately notify the other party in writing about the termination of the supplementary contract and provide further details of his withdrawal from the distance contract or off-premises contract. A separate notice from the Customer is not required in cases where the supplementary contract was concluded with the same Provider, and the latter has been notified of the withdrawal from the contract under Article 6.228(10) of the Civil Code.
12. LIABILITY
12.1. The Provider shall not be held responsible for the links to the websites of other companies, institutions, organizations or individuals found in the online store, for the information contained therein or the activities performed on these websites. The Provider does not monitor or control the aforementioned websites and does not represent the companies, institutions, organizations or individuals involved.
12.2. In the event of damage, the party at fault shall compensate the other party for the direct losses, unless explicitly stated otherwise.
13. PRIVACY POLICY AND PERSONAL DATA PROTECTION
13.1. The company shall ensure the protection of the rights of data subjects under the Personal Data Protection Act and other normative legislation intended to regulate the processing of personal data. Personal data provided by the Customer for the following purposes shall be managed by the Provider in a conscientious, fair and accurate manner:
13.1.1. Assurance of Customer participation in Customer loyalty (discount) programs and direct marketing insofar as it relates to loyalty (discount) programs.
13.1.2. Electronic commerce (Customer orders and sales support).
13.1.3. Direct marketing.
13.2. The Provider shall receive and manage the Customer’s personal data (name, surname, telephone number, address) for the purposes specified in Paragraph 13.1.2 of the Terms and Conditions of Sale and Purchase. The Customer’s personal data shall be stored for the 2 years from the last login to the account or from the moment of purchase. After the storage period expires, the Customer’s personal data shall be deleted.
13.3. The Provider shall receive the personal data specified in Paragraph 13.2 of the Terms and Conditions of Sale and Purchase directly from the Customer (when the latter registers a Customer account on the website and initiates a sale and purchase agreement). The Provider shall not handle any personal data obtained through other means.
13.4. The Provider serves as a data manager for a leasing company chosen by the Customer and shall manage the personal data of the Customer if the latter concludes a lease agreement. In order to prepare, draw and execute the lease agreement, the Provider, under the leasing company’s instructions, shall transfer the data of a Customer who has chosen the option of hire-purchase (name, surname, address, telephone number, e-mail address, the name and quantity of the product acquired under the leasing contract, the total amount) to the leasing company selected by the Customer.
13.5. The Customer confirms that he has had an opportunity to become acquainted with the terms and conditions of personal data management, and shall have the following rights:
13.5.1. The Customer shall provide the Provider with an identity document or verify his identity as specified in the relevant legislation, using electronic means of communication that enable the proper identification of a person, after which the Customer shall have the right to access his data and check how they are managed, i.e. to receive the information as to which of his personal data were collected and from what source, the purpose they are processed for or whom they are passed on to, and to demand that the personal data be deleted or amended or that the processing of the personal data be suspended if the data are being processed outside the Personal Data Protection Act of the Republic of Lithuania or other legislative provisions.
13.5.2. The Customer’sconsent regarding the processing of personal data, or lack thereof, shall be expressed in writing by e-mail. The e-mail address must be the same as the one used to register with the online store. The Customer’s name and surname must be indicated in the message.
13.5.3. Other rights provided for in the Personal Data Protection Act and other normative legislation.
13.6. The Customer shall be entitled to express the demand to amend or delete his personal data or to suspend the processing of the personal data in question in writing or in person at the site where the Provider’s activities are performed.
13.7. The Provider undertakes to ensure the security of the Customer’s personal data, to implement appropriate technical and organizational measures in order to protect the personal data against unauthorized deletion and/or accidental modification or disclosure and against any other unlawful processing. All of the Provider’s employees and representatives undertake to protect the personal data of the Customer.
13.8. To the extent and under the procedure specified in the Terms and Conditions of Sale and Purchase, the Provider can give out personal data to the data subject and delivery companies or to other data recipients if the law, court judgments or other relevant legislation require the Provider to provide the personal data in question.
13.9. Personal data may be processed for the purpose of direct marketing only if the Customer has consented to the processing of his personal data for direct marketing purposes, or if the criterion of legitimate processing listed in Part 4 of Article 14 of the Personal Data Protection Act is present. The Customer has the right to refuse having his personal data used for direct marketing without indicating the reasons behind the objection.
14. FINAL PROVISIONS
14.1. Communication between the Customer and the Provider, including but not limited to notifications and correspondence, shall take place in written form. Messages sent by e-mail are to be considered equivalent to other written forms of communication. A notification sent by e-mail shall be deemed received once 96 hours have passed since the moment of submission.
14.2. The Provider reserves the right to modify, edit or add to the Terms and Conditions of Sale and Purchase at any time, having regard to the relevant statutory requirements. Notifications about any changes, corrections or additions to the Terms and Conditions of Sale and Purchase shall be available on the website at www.velostreet.com. The changes, corrections or additions to the Terms and Conditions shall enter into force on the date of their publication, i. e. from the date when they appear in the online store at www.velostreet.com. In purchasing products at the online store, the Customer agrees with the modified, edited or supplemented Terms and Conditions of Sale and Purchase. The Customer’sconsent is expressed through placing an order with the Provider. The opportunity to purchase products at the online store is created only for Customers who agree to the existing Terms and Conditions of Sale and Purchase.
14.3. Any disputes pertaining to the sale and purchase of products at the online store are to be settled by means of negotiation. In the event of failure to reach a mutual agreement by means of negotiation, the dispute shall be settled at the courts of the Republic of Lithuania in accordance with the law of the Republic of Lithuania.
SAMPLE INFORMATION ON WITHDRAWAL FROM A DISTANCE CONTRACT OR OFF-PREMISES CONTRACT
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 (fourteen) days without specifying any reasons for doing so.
The term for withdrawal from the contract will expire within 14 (fourteen) days from the date you or a person appointed by yourself (other than the carrier) receives the order, or, if you have ordered more than one product and the products are delivered separately, from the date you or a person appointed by yourself (other than the carrier) receives the last product, or, if the product is delivered in separate consignments or parts, from the date you or a person appointed by yourself (other than the carrier) receives the last consignment or part.
To exercise the right of withdrawal, you must inform UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda, website www.velostreet.com, info@velostreet.com. of your decision to withdraw from this contract by submitting an unequivocal statement (e.g. by post, fax or e-mail). The attached sample form is optional. You can fill out and submit the sample withdrawal form or any other unequivocal statement online on our website at www.velostreet.com or send it to our email address at info@velostreet.com. If you decide to use this option, we will immediately confirm that we have received your withdrawal through a durable medium (e.g. by email). To meet the deadline, it is sufficient to send a message about your decision to exercise your right to withdraw from the contract before the end of the withdrawal term.
Effects of withdrawal
If you withdraw from the contract, we will immediately, and in any event no later than 14 (fourteen) days from the date of being informed about your decision to withdraw from the contract, refund the money we have received from you, including the cost of delivery (except for the extra costs for a method of delivery other than the cheapest standard delivery proposed by ourselves). The reimbursement will be carried out using the same payment method as the one chosen for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not need to pay any additional reimbursement fees.
If you withdraw from the contract, you must immediately, and in any event no later than 14 (fourteen) days from the date of informing us about your decision to withdraw from the contract, return the products or transfer them to UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda. The term shall be considered to have been observed if the products are sent back before the end of the 14-day period. In the event of withdrawal from the contract you will have to cover the direct costs of the return.
We may withhold the refund until we receive your return or until you provide evidence to confirm that the products have been sent back, whichever may occur first.
If an off-premises contract was concluded and the product was delivered to the Customer’s residence at the time of the contract, we will collect the products at our own expense if they cannot be returned by post, by courier, or through other mail services due to their nature.
You shall be held liable for the decrease in the value of a product only if the reduction resulted from actions not necessary to determine its nature, properties or functioning.
SAMPLE FORM FOR WITHDRAWAL FROM A DISTANCE CONTRACT OR OFF-PREMISES CONTRACT
(Please complete and return this form only if you wish to withdraw from the contract)
– UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda
– Please be informed that I am withdrawing from the sale and purchase contract concluded on ____ ______________ 20 ____
Order Nr. concerning the following products,
– Received [date received],
– Buyer name, surname,
– Buyer address,
– Buyer signature (only in paper form),
Date