1. General Terms
1.1. These General Terms regulate the legal relations occurring between the clients of the ELDES store (heretofore called the Buyer) and the company ELDES, JSC managing the ELDES store (heretofore called the Seller) upon purchasing goods. The General Terms outlined below must not violate the valid laws and other valid legal acts of the Republic of Lithuania. In addition to the General Terms, the relations between the Buyer and the Seller shall be regulated by the price list of the ELDES store and by the established good practices.
1.2. The Seller shall retain the right to amend or supplement these General Terms and the price list unilaterally at any time without prior notice. The relevant amendments or supplements shall enter into force at the moment of the relevant information being published at the Sellers website ELDES store. Orders placed before the amendments to the General Terms and the price list entering into force shall be governed by the terms being in force at the moment of placing the order, unless prescribed otherwise in the valid law or in these General Terms.
1.3. By formalizing an order in the ELDES store, the Buyer shall confirm having reviewed these General Terms and agreeing there to.
2. Price list
2.1. The price list shall consist of the prices displayed by the Seller in the ELDES store for the products on sale, excluding delivery cost and including or excluding local taxes VAT. Displayed in the relevant depending on the selected by the Client “show prices including VAT” check box.
2.2. The delivery cost shall be displayed in the ELDES store with delivery options offered upon formalizing the order and also in the separate section titled “Delivery and Payments”. The delivery cost shall be calculated on the prerequisite of one delivery to one delivery address. If the Buyer wishes to receive the ordered goods at multiple addresses, then a separate order needs to be placed for each address. The name and cost of the selected delivery shall also be displayed on the Shopping Basket page before confirming the order and on the prepayment invoice sent to the Buyer’s e-mail address together with the order confirmation.
2.3. The Seller shall retain the right to adjust the prices of the goods at any time. If the Buyer has sent an order before the price adjustments entering into force, then that order shall be fulfilled for the prices valid at the moment of confirming the order, on the prerequisite that the confirmed order has been paid for within the payment deadline stated on the prepayment invoice.
3. Shopping basket and formalizing orders
3.1. The ELDES store shall create the Client’s shopping basket automatically at the moment of the Buyer clicking the button “Add to shopping basket”. The Buyer shall have the right to change the number and amounts of the products in the shopping basket unilaterally at any time.
3.2. After clicking the button “Place order”, the prepayment invoice shall be displayed on screen as a confirmation of the order; a copy of the prepayment invoice shall also be sent automatically to the e-mail address stated by the Buyer in the order. The sales contract (heretofore called the Contract) shall be considered signed if the funds from a payment order initiated by the Buyer have been received on the bank account of the Seller within the payment deadline stated on the prepayment invoice.
4. Paying for the goods
4.1. The Buyer shall have the following options for paying for the ordered goods: On the basis of an invoice or Stripe system.
4.2. It is to pay 100% of the total cost of goods and delivery as prepayment in the ELDES store.
5. Delivery and handover of goods
5.1. After the Contract has entered into force according to clause 3.2 of these General Terms and the goods ordered additionally for fulfilling the Buyer-s order have arrived in the stock of the Seller, shall deliver the ordered goods to the delivery address stated in the order. If the Buyer wishes to change the delivery destination, then the Buyer shall notify the Seller about this before the delivery time Contact form.
5.2. The Seller shall be obliged to fulfill the order no later than within 30 days after the confirmation of the Buyer-s order, unless agreed otherwise between the parties of this Contract. If the Seller is unable to fulfill the order, then the Seller shall notify the Buyer about this and shall return the sums paid by the Buyer immediately and no later than within 30 days. If the Buyer loses interest in the purchase due to an extended delivery deadline, the Buyer shall have the right to cancel the order and the prepayment made by the Buyer shall be returned.
5.3. The Seller and the postage enterprise or courier company providing the Seller with a sub-contracting service shall not be liable for any delays or misunderstandings in delivering the goods if the relevant delay or misunderstanding has been caused by the lack of precision of the data provided by the Buyer upon placing the order.
5.4. In case of delivery by courier, the goods shall be handed over to the Buyer personally on grounds of a delivery document. The Seller hereby recommends that the Buyer should definitely verify the packaging of the products before receiving the goods and signing the delivery document. In case of visible damages, the Buyer shall have the right to refuse to receive the goods. With a signature on the delivery document the Buyer confirms that the packaging was intact or without visible damages at the moment of handover of the goods or that the Buyer was satisfied with the condition of the packaging and that the goods themselves are not damaged. In order to refuse to receive a product with damaged packaging, the product must be returned to the courier and the relevant information must be sent to the Seller via Contact form or email firstname.lastname@example.org
6. Cancellation and Refund Policy
6.1. The Buyer shall have the right to withdraw from a purchase transaction formalized in the online environment, if this withdrawal is made within 14 days after receiving the goods or after the handover of the goods to the Buyer. In order to return the goods, the Buyer must send the relevant application to the Seller via email email@example.com or Contact form. Seller is obliged to confirm receiving of notifications without undue delays.
6.2. The returned product must be the original delivered set – unused and in unopened original packaging. Both the product and its packaging must not show any signs of usage, any scratches, etc. If the returned product or its packaging is damaged by fault or negligence of the Buyer, then the Seller shall have the right to offset the decrease of the product-s value from the returnable amount paid by the Buyer for the goods.
6.3. The delivery fee paid by the Buyer shall not be returned upon returning the goods. In case of withdrawing from the purchase transaction, the Buyer shall cover the expenses related to the returning of the goods. If the reason for the returning is a non-conformance of the goods to the order, then the Seller shall cover all expenses related to the returning of the goods.
6.4. In case of Contract termination based on p. 6.1 of commercial terms and conditions, Contract is cancelled. Goods must be returned to seller in period up to fourteen (14) days from agreement termination.
6.5. In case of Contract termination based on p. 6.1, seller returns money, received from buyer, in period up to fourteen (14) days from Contract termination. If buyer terminates Contract, seller is not obliged to return him money before buyer returns goods or if he confirms the fact of sending goods to the address of seller.
6.6. All goods delivered by the Seller will be marked and no goods not sold by the Seller shall be accepted as returned goods. In case of discovering an attempted fraud of the Buyer, the Seller shall have the right to withdraw from the transaction and to demand compensation of all expenses related to the specific incident. All complaints regarding goods purchased from the store can be sent to the Seller via Email or Contact form.
6.7. If the Buyer disagrees with the opinions of the Seller as stated on the basis of clauses 6.2 and 6.3 of these General Terms, then the Buyer shall have the right to order an assessment by an independent expert in order to determine the party at fault in the given situation. The expenses related to the expert assessment shall be covered by the party having stated an unjustified opinion.
6.8. The Seller shall have the right to cancel the Buyer-s order unilaterally if the prepayment has not been received on the bank account of the Seller within the payment deadline stated on the prepayment invoice or if the ordered goods are not available anymore and the Buyer is not agreed to receive the replacement goods offered by the Seller. In case of refusing replacement goods, the prepayment for the cancelled order shall be immediately returned to the Client.
7. Warranty claiming procedure
7.1. Complaint can be made only in the case if these goods are on warranty and its warranty period is not completed. Warranty period is indicated for each product in manual.
7.2. Product is not on the warranty and cannot be accepted for warranty claiming in such cases:
- goods were broken after warranty period termination
- goods were repaired incorrectly, installed incorrectly or modified by buyer
- goods were used at variance with instruction
- elements of goods during operation were damaged by water, lightning, fire or electric current
- there were unauthorized changes of data in warranty document
7.3. Warranty covers goods, which were used properly, and faults, which are the result of manufacturer guilt. Complaints of mechanical failures, which were not obvious when goods were received, must be presented immediately after opening of product, i.e. immediately after the first use of product. Later complaints of mechanical failures in product are impossible to identify and accept to warranty claiming.
7.4. Warranty does not cover components, affected by wear, and faults, that appear during transportation, improper storage and rough exploitation. Shorter period of product durability is not a fault, which is why it cannot be accepted to warranty claiming.
7.5. In case of faults detection, Buyer can send email to the Seller via Contact form or email firstname.lastname@example.org . Describe the faults of the product and other possible faults. Wait for ELDES engineer to reply you with the application containing the RMA number(s). Print the application received from ELDES engineer and sign it. DO NOT FORGET to include RMA to parcel before sending it to ELDES. Pack the product thoroughly before sending it to seller: ELDES, JSC, STATYBININKU ST. 7, LT-50118 KAUNAS, LITHUANIA. In case of improper package of product while sending it to seller, and, as a result, damage of the product during transportation, we are not responsible for any product malfunctions and goods will be sent back to sender. Buyer need to pay only for the shipping of the faulty item, Seller will pay for the shipping back to Buyer
7.6. Seller must make decision about settlement of warranty claims during five working days. This period does not include time, which is necessary for expert evaluation of the failures. Seller is obliged to provide buyer with confirmation of indicated date and place of warranty claiming, characteristics of probable failures and required by buyer method of its elimination, information about how buyer will be informed about settlement of warranty claims. Warranty claiming, including failures elimination, must be regulated during 30 days from the day of warranty claiming, if longer period has not been agreed. If the last day of warranty claiming period is Saturday, Sunday or Holiday, it is postponed till next working day. Missed deadline is essential breach of sale agreement. Seller must provide buyer with confirmation of period and way of warranty claims settlement. Buyer must not change chosen way of warranty claims settlement without consent of seller, apart from cases, when chosen way of solution cannot be found on time or in general.
Buyer has to take away claiming goods during 30 days from deadline of warranty claims settlement. After this period seller has right to collect rational payment for goods’ storage, or to sell it by himself. At the same time, seller is obliged to inform buyer about his intentions in advance and give him rational additional time for receiving of goods.
8.1. Upon payment by a credit card in the ELDES store, the company MakeCommerce™ shall be responsible for the credit card data. The Seller has access to reports of credit card transactions only and has no access to the full credit card number. You can get additional information about security of the data used in credit card payments from the web site of MakeCommerce™ (https://makecommerce.net).
8.2. The Seller shall use the information presented by the Buyer primarily for the fulfilling of purchase orders and shall not disclose the information about the Buyer, discovered in the course of making purchases, to any third parties, unless in cases prescribed in the valid law. Client data can be used in direct marketing only with the consent of the Buyer; such consent shall be granted by stating a personal contact address upon subscribing to the newsletter or upon filling in the form for registering as a client.
8.3. The Buyer shall have the right to contact the Seller at any time in order to revoke the Buyer-s wish to get personal offers. The Buyer shall also have the right to request that the Seller stop processing the Buyer-s data or that the Seller delete such data, if the relevant right results from the Personal Data Protection Act or from other valid legal acts.
9. Liability and Force Majeure circumstances
9.1. The Seller and the Buyer shall be liable for damages caused by violating these General Terms, pursuant to cases and scopes prescribed in the valid legal acts of the Republic of Lithuania. The Seller shall not be liable for a partial or full non-performance of a sales contract, if the non-performance has been caused by a Force Majeure circumstance.
9.2. The Seller shall be responsible for the technical specifications of sold products only in the scope of the product data stated at the moment of the sale and in the scope of the goods being not falsified.
9.3. The Seller shall not be liable for any direct or indirect damages incurred by the Buyer as a result of use or misuse of the products.
9.4. Any compensation paid to the Buyer for any goods for whatever reason cannot exceed the amount paid to the Seller for the same goods. Also, the Buyer shall not be compensated within the scope of these General Terms for any moral damages due to the Seller changing any delivery times, prices or other terms, nor for any lost opportunities due to a change of terms.
10. Other clauses
10.1. Any and all matters not regulated with these General Terms shall be regulated by the valid law of the Republic of Lithuania and by other legal acts regulating relations between the Parties. Any disputes and differences of opinion between the Parties resulting from fulfilling these General Terms shall be solved primarily via mutual negotiations between the Parties. If an agreement cannot be reached, then both Parties shall have the right to turn to the Consumer Protection Board or to a court in order to protect its rights.
11. Validity of Trading Conditions
11.1. Commercial terms and conditions enter into force on XX.05. 2020.
12. The Seller-s requisites:
VAT ID LT100001852214
Ukmergės st. 283b, LT-06313 Vilnius, Lithuania
Phone +370 5 2635437