Terms and Conditions of Sale

EUROCASH1, UAB ONLINE SHOP WWW.EUROCASH1.LT TERMS AND CONDITIONS OF SALE

1. TERMS

1.1. Terms and Conditions of Sale and Purchase—These terms and conditions of the distance sale and purchase agreement determine the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and payment for them, the procedure for the delivery and return of the goods, the liability of the parties, and any other provisions relating to the purchase of goods in the www.eurocash1.lt online store.

1.2 Online shop – an electronic shop on the seller’s website where the Buyer can buy the goods offered by the Seller.

1.3. the Seller – EUROCASH1, UAB, registered and operating under the laws of the Republic of Lithuania, registration No. 225329030, operating at Savanorių pr. 19, Vilnius, web address www.eurocash1.lt.

1.4 Buyer – a person who meets the requirements set out in Clause 2.2 of these Terms and Conditions of Sale of Purchase and who has purchased goods or services in the Online Shop.

1.5 Purchase and Sale Agreement – a contract of sale of goods concluded between the Buyer and the Seller, consisting of an order application for the goods, which the Buyer submits to the Seller via the Online Shop, and the Purchase and Sale Rules, as subsequently amended and supplemented.

2. GENERAL CONDITIONS

2.1 By this Sale and Purchase Agreement, the Seller undertakes to sell the Goods to the Buyer or to provide the Services, and the Buyer undertakes to accept the Goods or the Services and to pay the sum of money stipulated in the Agreement, subject to the terms and conditions set out in this Agreement.

2.2 Purchases in the Online Shop are made by Buyers who are:

2.2.1. able-bodied natural persons, i.e. persons over 18 years of age whose legal capacity has not been restricted by a court order;

2.2.2. minors between the ages of fourteen and eighteen;

2.2.3. legal persons;

2.2.4. authorized representatives of all the above persons.

2.3. Minors referred to in Clause 2.2.2 of the Terms of Sale of Purchases are entitled to make purchases in the Online Shop only with the consent of their parents, legal guardians, or other authorized persons unless such persons are independently disposing of their earnings or personal funds.

2.4 Trading activities in the Online Shop are conducted in the Republic of Lithuania.

3. RIGHTS OF THE BUYER

3.1 The Buyer is entitled to purchase goods in the Online Shop in accordance with these Terms and Conditions of Sale of Purchase and the Online Shop.

3.2 The Buyer shall have the right to withdraw from the Sale and Purchase Agreement concluded in the Online Shop by notifying the Seller in writing no later than 14 (fourteen) calendar days from the date of delivery of the goods to the Buyer in accordance with the procedure set out in the Civil Code and these Terms and Conditions of Sale and Purchase.

3.3 The right to withdraw from the Sale and Purchase Agreement shall not apply to legal persons and their authorized representatives.

4. OBLIGATIONS OF THE BUYER

4.1 After placing an order in the Online Shop, the Buyer shall pay for and accept the goods or services in accordance with the procedure set out in these Terms and Conditions of Sale and Purchase.

4.2 The Buyer must update any changes to the details on the Buyer’s account information form without delay.

4.3 By using the services of the Online Shop, the Buyer undertakes to comply with the other terms and conditions of these Terms and Conditions of Sale of Purchase, as expressly stated in the Online Shop, and not to violate the legislation of the Republic of Lithuania.

5. RIGHTS OF THE SELLER

5.1 The Seller shall have the right, at its sole discretion, to determine the minimum basket size, i.e. the minimum amount at which the Buyer’s order will be filled. At such amount, it shall be displayed in the Online Shop.

5.2 If the Buyer attempts to undermine the stability and security of the Online Shop or violates the obligations set out in Clause 4 of the Terms and Conditions of Sale and Purchase, the Seller shall have the right to restrict or suspend the Buyer’s ability to use the Online Shop or cancel the Buyer’s registration immediately without notice.

5.3 The Seller has the right to temporarily or permanently suspend the operation of the Online Shop without prior notice to the Buyer.

5.4 The Seller shall have the right to cancel the Buyer’s order without prior notice to the Buyer if the Buyer fails to pay for the Goods within 2 (two) calendar days after selecting the methods of payment provided for in Clauses 8.2.1, 8.2.2, and 8.2.3 of the Terms and Conditions of Sale.

6. OBLIGATIONS OF THE SELLER

6.1 The Seller undertakes to enable the Buyer to use the services provided by the Online Shop (to register in the Online Shop system, to create a shopping cart in the Online Shop, to place an order, to pay for the order, to send the order) under the conditions set out in these Terms and Conditions of Sale of Purchase and the Online Shop.

6.2 The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer in accordance with the conditions set out in Clause 9 of the Terms and Conditions of Sale of Purchase.

6.3 If the Buyer exercises the right provided for in Clause 3.2 of the Terms and Conditions, the Seller undertakes to refund the Buyer within 14 (fourteen) days from the date of receipt of the returned goods.

7. REGISTRATION OF THE BUYER AND CONCLUSION OF THE SALES CONTRACT

7.1 The Buyer may purchase goods in the Online Shop www.eurocash1.lt without registering in the Online Shop system in accordance with the rules on this website.

7.2 The contract between the Buyer and the Seller shall be deemed to be concluded from the moment when the Buyer, having selected the product(s) and/or service(s) to be purchased and having formed a shopping cart, clicks on the active “Confirm Order” link and the Seller sends to the Buyer, to the e-mail address indicated by the Buyer, confirmation of the Buyer’s acceptance of his/her order and the dispatch of the ordered goods to the Buyer. The Contract shall be deemed to be concluded only in respect of those Goods specified in the confirmation of future shipment sent by the Seller to the Buyer.

8. PRICES, PAYMENT PROCEDURES AND TERMS

8.1 The goods sold in the Online Shop shall be listed together with their selling price. The prices of the goods in the Online Shop and in the order form shall be quoted in euros, including VAT. The price of the goods does not include delivery costs. The Buyer shall pay the costs of delivery of the goods, having chosen the specific method of delivery.

8.2 The Buyer may make payment for the Goods by one of the following methods:

8.2.1. by electronic banking – where prepayment is made using the electronic banking system used by the Buyer. The Buyer shall pay for the Goods in this way in accordance with the billing invoice provided in the order confirmation email sent by the Seller. The Buyer shall transfer the money to the account of the Online Shop in the relevant bank of his choice. The responsibility for data security, in this case, lies with the respective bank, as all monetary transactions take place within the bank’s electronic banking system.

8.2.2. payment by bank transfer – a prepayment where the Buyer pays for the Goods by making a transfer to the Seller’s bank account. The Buyer must enter the order number in the “purpose of payment” section of the payment form, as provided in the order confirmation email. If the Buyer does not specify the exact order number in the “purpose of payment” section, the Seller does not guarantee the fulfillment of the order.

8.2.3. by paying for the product through the electronic payment system “Foxpay.lt”. The Buyer shall pay for the Goods in this way in accordance with the payment generated by the system. In this case, the responsibility for data security rests with Foxpay.lt, as all monetary transactions take place in this electronic payment system;

8.3. if the Buyer chooses the method of payment provided for in Clauses 8.2.1 – 8.2.3 of the Terms of Sale and Purchase, the Buyer undertakes to make a prepayment for the goods. After the Buyer has chosen the payment methods specified in Clauses 8.2.1 – 8.2.3 of the Conditions of Sale and Purchase, the consignment of the goods shall be formed, and the delivery period shall start from the date of crediting the payment to the Seller’s account.

8.4 The Seller shall not be liable for the timely execution and crediting of payment orders to the Seller’s account in accordance with Clauses 8.2.1 to 8.2.3 of these Conditions of Sale for Purchase.

9. DELIVERY OF GOODS

9.1 When ordering Goods, the Buyer must specify in the Application Form:

9.1.1. a request for the Goods to be delivered to the Buyer and the delivery address;

9.2 The Buyer undertakes to accept delivery of the Goods in person. The Buyer undertakes to collect the goods himself or herself or, when ordering from www.eurocash1.lt, to designate another person to collect the goods in the “Notes”. In the event that he/she is unable to accept the goods in person and the goods have been delivered to the address indicated by the Buyer and on the basis of other data provided by the Buyer, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the goods to the wrong person or any other delivery discrepancies.

9.3. the wish to collect the Goods from the Seller’s office at Savanorių pr. 18, Vilnius.

9.4 The Seller undertakes to deliver the Goods to the Buyer in accordance with the terms specified in the descriptions of the Goods. These deadlines shall not apply in cases where the Seller’s warehouse does not have the required goods and the Buyer is informed of a shortage of the goods ordered. The Buyer agrees that in the event of unforeseen circumstances beyond the Seller’s control, the delivery date may differ from the dates specified in the descriptions of the Goods or from the delivery date agreed between the Buyer and the Seller. In the event of unforeseen circumstances, the Seller undertakes to contact the Buyer immediately to agree on the delivery date and any other matters relating to delivery.

9.5 In all cases, 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 Force Majeure circumstances.

9.6 At the time of delivery, the Goods shall be handed over to the Buyer by means of an invoice (bill of lading) or other document evidencing the handing over and acceptance of the shipment.

9.7 At the time of delivery of the Goods, the Buyer shall inspect the condition of the consignment together with the Seller or its authorized representative. Once the Buyer has signed the invoice (bill of lading) or other document evidencing the handover of the consignment, the consignment shall be deemed to have been handed over in good condition. If the Buyer notices that the packaging of the delivered consignment is damaged (crumpled, wet, or otherwise externally damaged), the Buyer shall note this on the invoice (waybill) or other document evidencing the handover of the consignment and shall draw up in the presence of the Seller or his representative, a free-form consignment damage report. If the Buyer fails to execute a free-form consignment damage report in accordance with the above, the Seller shall be exempt from liability to the Buyer in respect of any damage to the goods, provided that such damage was caused by or arose from damage to the packaging.

9.8 The delivery (transport) service fee in Lithuania shall be quoted each time before the order is confirmed.

9.10. The Seller shall be entitled to apply special discounts on the delivery/transportation service fee to Buyers who meet the conditions set out in the Seller’s Online Shop.

9.11. Goods may be delivered to foreign countries. The delivery (transport) service fee for delivery of goods outside Lithuania shall be determined in accordance with the price list of the courier service www.dpd.com/lt.

10. GUARANTEE OF THE QUALITY OF THE GOODS AND SHELF LIFE

10.1 The characteristics of each item sold in the Online Shop are set out in the description of the item on the website www.eurocash1.lt.

10.2 The Seller shall not be liable for the fact that the color, shape, or other parameters of the goods in the Online Shop may not correspond to the actual size, shape, and color of the goods due to the characteristics of the display used by the Buyer.

10.3 The Seller provides a guarantee of the quality of the goods: 24 months for natural persons and 12 months for legal customers.

10.4 In the event that the Seller does not provide a guarantee of the quality of the goods, the guarantee of the quality of such goods shall apply as provided by law.

10.5 Where the law prescribes a shelf life 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 them before the expiry of the shelf life.

11. RETURNING AND EXCHANGING GOODS, WITHDRAWING FROM A CONTRACT

11.1.Defects in the goods sold shall be eliminated, defective goods shall be replaced and returned in accordance with the Rules of Retail Trade approved by the Government of the Republic of Lithuania by Resolution No.697 of 11 June 2001 “On Approval of the Rules of Retail Trade”.

11.2 In the cases referred to in Clause 11.1 of the Rules of Sale and Purchase, if the Buyer wishes to return the goods, the Buyer shall inform the Seller thereof by e-mail to info@eurocash1.lt. When returning the product, it is necessary to present the document confirming its purchase, the warranty card (if it was issued).

11.3 Shipping/delivery costs when the Buyer sends the goods to the Seller for return or replacement due to defects in the goods or for rectification of defects, inspection shall be borne by the Buyer.

11.4 The following conditions must be complied with when the Buyer returns the Goods:

11.4.1. the returned goods must be in their original packaging in good working order;

11.4.2. the returned goods must be in the same condition as when received by the Buyer.

11.5 The natural person purchaser shall have the right to withdraw from the contract within fourteen days without giving any reason and without incurring any costs other than those provided for in Article 6.22811 of the Civil Code, except for the exceptions provided for in paragraph 2 of Article 6.22810 of the Civil Code.

11.6. The Buyer’s right of withdrawal does not apply to the following contracts: contracts for services where the services have been fully performed for the Buyer, provided that prior to the performance of the services, the Buyer has expressly agreed and acknowledged that he will lose his right of withdrawal when the Seller has fully performed the contract; contracts for goods which are made to the Buyer’s special specifications, which are not pre-manufactured and which are produced in accordance with the Buyer’s personal choice or direction, or for goods which are expressly tailored to the Buyer’s personal requirements; contracts for perishable goods or goods which are of a short duration of use; contracts for packaged goods which have been unpacked after delivery and which are unsuitable for return on health or hygiene grounds; contracts for packaged video or audio recordings or packaged software which have been unpacked after delivery; contracts for the delivery of newspapers, periodicals or magazines, except for subscriptions to such publications; contracts for the provision of digital content, provided that the provision of digital content has been initiated by the Buyer’s prior express agreement and acknowledgement that it will result in a loss of the Buyer’s right of withdrawal.

11.7. The withdrawal period shall expire after fourteen days: in the case of a contract of sale, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the goods ordered; or: if the Buyer has ordered more than one good in one order and the goods are delivered separately, from the date on which the Buyer or a person other than the carrier nominated by the Buyer receives the last good; if the goods are delivered in different batches or parts, from the date on which the Buyer or a person other than the carrier nominated by the Buyer receives the last batch or part.

11.8 The Buyer shall notify the Seller of its withdrawal from a distance contract or an off-premises contract by means of an express statement setting out its decision to withdraw. The Buyer shall submit this statement to the e-mail address info@eurocash1.lt.

11.9 The Seller may enable the Buyer to withdraw electronically from a distance or off-premises contract. In this case, the Seller must immediately acknowledge receipt of the Buyer’s withdrawal on a durable medium.

11.10. The burden of proving compliance with the requirements of this Article regarding withdrawal shall be on the Buyer.

11.11. If the Buyer exercises the right of withdrawal, the obligations of the parties to perform the distance contract or the off-premises contract or to conclude the distance contract or the off-premises contract, if the Buyer had made an offer to conclude it, shall cease.

11.12. the Seller shall reimburse to the Buyer all sums paid by the Buyer, including delivery charges paid by the Buyer, without delay and no later than fourteen days from the date on which the Seller receives the Buyer’s notice of withdrawal. In refunding the Buyer all sums paid, the Seller shall use the same method of payment as the Buyer used when paying the Seller, unless the Buyer has expressly agreed to a different method and provided that the Buyer does not incur any other additional costs.

11.13. In cases where the Buyer, a natural person, having exercised the right to withdraw from the contract of sale, returns only one or more, but not all, of the delivered goods, the delivery costs shall not be refunded to the Buyer if the amount of the delivery is not dependent on the quantity, value or any other characteristic of the goods delivered. Where the amount of the delivery depends on the quantity, value or other characteristics of the goods delivered, the Buyer shall be reimbursed the part of the delivery charge by which the delivery charge has been increased in relation to what the Buyer would have had to pay if the Buyer had not ordered the returned item(s).

11.14. The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer’s express choice of a method of delivery other than the cheapest usual method offered by the Seller.

11.15. The Seller may not refund the Buyer any sums paid by the Buyer until the Goods have been returned to the Seller or until the Buyer has provided proof that the Goods have been dispatched to the Seller, whichever is the earlier.

11.16. The Buyer shall promptly and not later than fourteen days from the date of giving notice of cancellation to the Seller, send or hand over the Goods to the Seller or another person authorised by the Seller. If the Buyer exercises its right of withdrawal, the Buyer shall bear the direct costs of returning the goods.

11.17. If, in the case of an off-premises contract, the goods have been delivered to the Buyer’s residence at the time of the conclusion of the contract, if the Buyer has withdrawn from the contract, the Seller must collect the goods at his own expense where, due to the nature of the goods, they cannot be returned by post in the normal way.

11.18. The Buyer shall only be liable for any diminution in the value of the Goods caused by actions not necessary to determine the nature, characteristics and performance of the Goods. The Buyer shall not be liable for any diminution in the value of the goods if the Seller has not provided the Buyer with information on the right of withdrawal pursuant to Article 6.2287(1)(7) of the Civil Code.

11.19. If the Buyer exercises the right to withdraw from the concluded contract, the supplementary contracts shall be automatically terminated without any costs to the Buyer, except for the costs provided for in this Article or Article 6.22812 of the Civil Code. Supplementary contracts are contracts under which the Buyer acquires goods or services related to the concluded contract and those goods or services are supplied by the Seller or by another person in agreement with the Seller. The Buyer must immediately notify the other party to the contract in writing of the termination of the supplementary contract and provide details of the withdrawal from the distance or off-premises contract. A separate notification by the Buyer is not required in cases where the additional contract was concluded with the same Seller to whom the withdrawal was notified pursuant to Article 6.22810 of the Civil Code.

12. RESPONSIBILITY

12.1 The Buyer is responsible for the accuracy of the data provided in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller shall not be liable for any consequences arising therefrom.

12.2 The Buyer shall be responsible for the actions performed using the Online Shop system.

12.3 The Seller shall be exempt from any liability in cases where the Buyer, without taking into account the Seller’s recommendations and its obligations, has not consulted the Terms and Conditions of Sale of the Purchase, even though the Buyer has been given the opportunity.

12.4 The Seller is not responsible for the content of links to other companies, institutions, organisations or persons’ websites, information or activities contained therein. The Seller does not maintain, control or represent such companies, institutions, organisations or persons.

12.5. In the event of damages, the guilty party shall indemnify the other party for direct damages.

13. FINAL PROVISIONS

13.1 Communication between the Buyer and the Seller, including, but not limited to, notices, correspondence, shall be in writing. Notices sent by email shall also be treated as written communications. A notification by e-mail shall be deemed to have been received when 96 hours have elapsed from the time of its sending.

13.2 The Seller reserves the right to amend, modify or supplement the Terms and Conditions of Sale of Purchase at any time, taking into account the statutory requirements. The Buyer shall be informed of any changes, corrections or additions at the time of logging in to the Online Shop. By purchasing goods in the Online Shop, the Buyer agrees to the amended, corrected or supplemented Rules of Sale. The Buyer’s consent shall be expressed when placing an order with the Seller. The opportunity to purchase goods in the Online Shop shall only be made available to Buyers who agree to the applicable Terms and Conditions of Sale of Purchase.

13.3 Disputes related to the purchase and sale of goods in the Online Shop shall be settled by negotiation. In the event of failure to reach a negotiated settlement, disputes shall be settled in the courts of the Republic of Lithuania in accordance with the law of the Republic of Lithuania.