RULES ON THE PURCHASE OF GOODS OF JSC ELMO TECHNOLOGIJOS

  1.      General Provisions

1.1.         The Rules on the Purchase of Goods (hereinafter referred to as the Rules) of JSC ELMO Technologijos, legal entity code 302430911, registered office at Konstitucijos pr. 12,Vilnius (hereinafter referred to as the Company) specify the rules for the drawing up of sales and purchase agreements, and the payment for and delivery, exchange and return of goods, as well as the terms of warranty, provided the relevant goods have been purchased at the on-line store www.elmo.lt (hereinafter referred to as the Goods).

1.2.         The present Rules shall be applicable to all users of the www.elmo.lt on-line store engaged in the purchase of Goods (hereinafter referred to as the Buyers).

1.3.          Prior to finalising orders, Buyers shall agree to the present Rules and the Privacy and Cookies Policy. Although Buyers shall not be obligated to agree to the relevant rules, the rejection of the Rules and the Privacy and Cookies Policy will foreclose the opportunity to purchase the relevant Goods.

1.4.         The present Rules may be amended by the Company at any time. Upon each order of the Goods, the Buyer shall be provided with the latest valid edition of the Rules.

1.5.         The Company’s relations with Buyers shall comply with the relevant provisions of the Civil Code of the Republic of Lithuania, the Retail Trade Rules approved by the Government of the Republic of Lithuania, and other applicable legislation.

 

  1.      The Goods

2.1.         The images of the Goods provided at the on-line store are meant for illustrative purposes. Regardless of the Company’s best efforts to provide the most accurate images of the relevant Goods possible, the Company cannot guarantee that an image of the relevant Good seen by the relevant Buyer on a computer screen fully corresponds to the real colour, shape or other characteristic of said Good.

2.2.         Unless specified otherwise, all Goods listed at the on-line store shall be available for purchase. Delivery information shall be provided for all Goods present at the manufacturer’s warehouse at the time of order. In case Goods ordered are no longer in stock, Buyers shall be immediately notified of such via e-mail or by other means, and the processing of the orders for such Goods shall be terminated, reimbursing the relevant Buyers within 30 calendar days following the dispatch of a notification informing said Buyers that the Goods are out of stock. Whenever possible, Buyers may be offered to wait a specific period of time for the Goods to arrive at the warehouse. If a Buyer agrees to a longer delivery time, said Buyer shall not be reimbursed, and the relevant Good shall be delivered within the period of time agreed upon with the Buyer.

 

  1.      The Handling of Personal Data

3.1.         The Company shall handle personal data in accordance with Privacy and Cookie Policy. Buyer are hereby encouraged to carefully read the Privacy and Cookies Policy to make sure that all provisions regarding personal data have been understood.

 

  1.      The Drawing up of Sales and Purchase Agreements

4.1.           Goods listed at the present on-line store may be purchased by the following Buyers:

4.1.1.     legally capable natural persons over 18 years of age;

4.1.2.     legal entities.

4.2.         By agreeing to the present Rules, Buyers also confirm that they have the right to purchase Goods sold at the present on-line store.

4.3.         Responsibility for the accuracy and veracity of data submitted during the placement of an order shall be assumed by the Buyers. Buyers are hereby encouraged to carefully read and verify the data of their orders provided during each stage of the ordering process.

4.4.         Sales and purchase agreements between the Buyer and the Company shall be deemed complete at the moment the Buyer places and order after including the relevant Goods into the basket, specifying his/her data, choosing a payment method and reading the present Rules.

4.5.         Upon placing an order, Buyers shall receive an e-mail confirming that the order has been received.

4.6.         Upon rendering payment for the order, Buyers shall receive an e-mail confirming that the payment has been received.

4.7.         Upon preparing the order, the Company shall send an e-mail to the Buyer, confirming that the Goods have been dispatched or are ready to be taken from the shop (depending on which delivery method had been selected). Buyers shall also receive a text message delivered at the specified number.

4.8.         Each order shall be recorded and stored at the Company’s data base.

4.9.         Invoices shall be sent by e-mail within 3 business days following the day the Buyer collects the Goods. In case the Goods are delivered via a courier, a printed invoice shall be delivered together with the Goods.

 

  1.      Payment for the Goods

5.1.         Payment methods shall be listed in the order placement window during the placement of the order. For more information on payment methods, please click this link.

 

  1.      Delivery of Goods

6.1.         For more information on the procedure, available methods and prices of delivery, please click this link.

6.2.         The condition of the Goods shall be inspected by the Buyer and the relevant courier at the moment of delivery. The Goods shall be regarded as delivered in good condition as soon as the Buyer signs the invoice (waybill) or the delivery and acceptance certificate. Upon noticing any damage (crumpling, dampness or other external damage) to the packaging of the Goods, the Buyer shall notify said damage in the invoice (waybill) or the delivery and acceptance certificate, and draw up an appropriate free form certificate together with the representative of the relevant courier service.  If the Buyer fails to perform the above actions, the Company shall be exempted from liability for the damage caused to the Goods, provided said damage resulted from the damage caused to the packaging which the Buyer had failed to indicate in accordance with the procedure specified in the present clause.

6.3.         If the Goods have not been delivered to the Buyer, or have been delivered with delay, due to the Buyer’s own fault or due to circumstances beyond the Company’s control, the Company shall be exempted from liability for any violations of the terms of delivery.

 

  1.      The Replacement and Return of Goods, and Warranty Conditions

7.1.         For information regarding the return or replacement of Goods, and applicable warranty conditions, please click this link.

 

  1.      Duties of the Buyer

8.1.         The Buyer shall undertake to fill out the order form using only correct, accurate and complete data. Upon any changes to the data specified in the order form, the Buyer shall immediately notify the Company of such changes or mistakes made during the filling out of the order form.

8.2.         The Buyer shall pay for the ordered Goods and accept them in accordance with the procedure specified in the present Rules.

8.3.         Upon receiving the Goods, but prior to using them (including their assemblage, installation, etc.), the Buyer shall undertake to inspect them and make sure they correspond to the ones he/she had ordered. If the delivered Goods do not correspond to the Goods ordered, the Buyer shall immediately notify the Company of such and make arrangements with the Company representative for the return of such Goods; the Company, in turn, shall undertake to make every effort to fully process the Buyer’s order as soon as possible.

8.4.         Upon registering at the on-line store or placing an order, the Buyer shall be held responsible for the protection of his/her log-in data and/or its transfer to third parties. If the services of the on-line store come to be used by third parties who had logged in using the Buyer’s log-in data, all responsibility for the actions performed at the on-line store by such third parties shall be assumed by the Buyer.

8.5.         To the extent it does not violate any applicable legislation, the Company shall be held exempt from any liability for damages caused by the Buyer’s failure to become acquainted with the present Rues, the Privacy and Cookies Policy, and other documents specified in the present Rules, despite the Company’s recommendations and his/her own obligations.

8.6.         The Buyer shall comply with all other provisions specified in the present Rules and the legislation of the Republic of Lithuania.

 

  1.      Duties of the Company

9.1.         The Company shall perform the orders for Goods placed by the Buyer in accordance with the procedure and terms specified in the present Rules. In case the performance of the Buyer’s order is impossible, the Company shall immediately contact the Buyer and notify him/her of the relevant reasons or specify the date at which the order will be completed (applicable in cases of delay).

9.2.         In case of any mistakes on the part of the Company (e.g., delivering the wrong or insufficient Goods, etc.), the Company shall undertake to address them as soon as possible.

 

  1.   Liability of the Parties

10.1.      In cases where the present Rules lack any specific provisions regulating the liability of the parties for violating a sales and purchase agreement drawn up in connection with the on-line store, parties shall be held liable in accordance with the procedure specified in the legislation of the Republic of Lithuania.

 

  1.   Transmission of Information

11.1.      The Company shall send all notifications to the Buyer at the e-mail address specified by the Buyer in the order form.

11.2.      The Buyer may contact the Company at the following e-mail address: info@elmo.lt. The Company shall reply to the Buyer’s e-mails no later than within 5 (five) business days.

 

  1.   Other Provisions

12.1.      None of the provisions of the present Rules shall be interpreted as restricting or limiting the exercise of the rights related to the insufficient quality of goods and specified in the legislation of the Republic of Lithuania.

12.2.      The Company shall have the right to transfer its rights and duties to a third person or persons in accordance with the agreement drawn up with the Buyer, but such transfer of rights and duties shall have no bearing on the Buyer’s rights or the Company’s obligations specified in the present Rules.

12.3.      The Buyer shall no right to transfer his/her rights (or part thereof) arising out of the present Rules to any third parties absent a written consent of the Company.

12.4.      The present Rules and relations between the parties specified in the present Rules shall be subject to the laws of the Republic of Lithuania. The present Rules shall be interpreted in accordance with the laws of the Republic of Lithuania.

12.5.      All disputes, disagreements and demands arising out of (or related to) the present Rules, their violation, termination or validity shall be processed by the courts of the Republic of Lithuania in accordance with the laws of the Republic of Lithuania.

12.6.      Consumer disputes shall be processed extrajudicially by the State Consumer Rights Protection Authority, registered office at Vilniaus Street 25, LT-01402, Vilnius, www.vvtat.lt.

12.7.      Consumers’ questions, comments and requests related to the present Rules may be submitted at the e-mail: info@elmo.lt

12.8.      Last updated 25 May 2018.