Service supply terms of E-shop www.el-vent.com or rules of goods sales and purchase.
01 01 2015
1. General provisions
2. Personal data protection
3. Moment of conclusion of Sales and purchase agreement
4. Buyer‘s rights
5. Buyer‘s obligations
6. Seller‘s rights
7. Seller‘s obligations
8. Prices of goods, the procedure of settlement and terms
9. Shipment of goods
10. Quality guarantee of goods and term of suitability to use
11. Return and exchange of goods
13. Marketing means, applied by Seller
14. Information exchange
15. The final provisions
1. General provisions
1.1. E-shop www.el-vent.com, belonging to JSC “ESEM“, company code 302422327, hereinafter in these rules referred to as Seller.
The following entities are referred to as Buyer in these rules:
1.2. Rules of goods sales and purchase (hereinafter “Rules“), after they have been confirmed by Buyer (having acquainted with Rules and having put a thick mark at the statement “I have got acquainted with Buying rules and agree with them“), is a legal document, compulsory for the parties, where Buyer’s and Seller’s rights and duties, terms of goods acquisition and payment for them, the order of goods delivery and return, responsibility of the parties and other provisions, related to goods sales – purchase in E-shop www.el-vent.com are established.
1.3. Seller reserves a right to change, amend or supplement Rules at any time.
1.4. These Rules are prepared pursuant to the laws of the Republic of Lithuania.
2. Personal data protection
2.1. Buyer, having confirmed these Rules, agrees that his personal data would be used on purposes of Seller’s activity analysis.
2.2. Buyer, agreeing that his personal data would be administered on purpose of selling goods and services in E-shop, also agrees that informational messages would be sent to E-mail and tel. No., indicated by him, which are necessary for fulfilling of goods order.
2.3. Seller obliges not to reveal any personal Buyer’s data to the third parties, except partners of Seller, providing goods delivery services or the other services, related to proper fulfilling of Purchaser’s order. In the other cases Buyer’s personal data may be revealed to the third parties only according to the procedure, provided by legal acts of the Republic of Lithuania.
3. The moment of conclusion of Sales – purchase agreement
Clicking of buttons “INTO BASKET“, “FORM ORDER“, “ORDER“, “CONFIRM“ – is not a compulsory obligation to pay money.
3.1. Sales – purchase agreement between Buyer and Seller is concluded in two ways:
3.1.1. When Buyer, having no agreement with Seller regarding postponed payment for goods, having chosen purchasable goods and having formed basket of goods, clicks button “CONFIRM“ .
3.1.2. When Buyer, having agreement with Seller regarding postponed payment for goods, having chosen purchasable goods and having formed basket of goods, clicks reference “CONFIRM“.
3.2. Before clicking button “CONFIRM“, Buyer must get acquainted with these rules. Buyer confirms acquaintance with these rules, putting a tick at the reference “I have been acquainted with Buying rules and agree with them“.
3.3. Each Buyer’s order is registered and stored in data base of Buyer’s E-shop www.el-vent.com.
4. Buyer’s rights
4.1. Buyer has a right to purchase goods, presented in catalogues of Seller’s E-shop www.el-vent.com according to the order, established in these Rules.
4.2. Buyer has a right to return goods to Seller, with reference to the order of Minister of Economy of 29th of June, 2001 No.217 \ “Regarding confirmation of rules on products return and change” \ notifying Buyer about it in writing (by E-mail, indicating intended to return goods and its order number) not later than within 7 (seven) business days since object’s delivery day.
4.3. Buyer’s right, provided in clause 4 of Rules, is implemented following order No.258 of Minister of Economy on 17th of August 2001 \ “Regarding confirmation of rules on selling of products and providing of services, when agreements are made using means of communication” \
5. Buyer’s obligations
5.1. Buyer must pay for goods and accept them according to the procedure, established in these Rules.
5.2. Having registered, Buyer obliges not to transfer his connection data to the third parties. If Buyer loses his connection data, he shall immediately notify Seller about it by means of communication, provided in the chapter „Contacts“.
5.3. If data (address, telephone, etc.), presented in Buyer’s registration form, changes, he must update them immediately.
5.4. Buyer, using E-shop www.el-vent.com, obliges to observe these Rules and not to violate legal acts of the Republic of Lithuania.
5.5. Buyer acknowledges that before ordering goods he has been acquainted with:
6. Seller’s rights
6.1. If Buyer tries to impair work stability and safety of internet shop or breaks his obligations, indicated in these Rules, tries to harm image or reputation of Seller, Seller has a right immediately and without warning to limit or stop his possibility to use internet shop or cancel Buyer’s registration and to demand from Buyer to indemnify losses, experienced in connection with this.
6.2. Seller can suspend activity of E-shop temporary or terminate it forever, not giving a prior notification to Buyer.
6.3. Seller has a right to cancel his order not giving a prior notification to Buyer, if Buyer does not pay for goods within 2 (two) business days.
6.4. Seller has a right to change information in E-shop www.el-vent.com – rules, descriptions of goods, layout, prices, etc. at anytime, not giving a prior notification to Buyer.
7. Seller’s obligations
7.1. Seller obliges to provide Buyer a possibility to use services of E-shop www.el-vent.com on terms, provided in these Rules.
7.2. Seller obliges to respect and protect Buyer’s right to privacy to his personal information, belonging to him, presented in the form of E-shop www.el-vent.com, observing laws of the Republic of Lithuania.
7.3. Seller obliges to deliver goods, ordered by Buyer to his indicated address according to terms, provided in Rules.
7.4. Seller, being not able to supply ordered goods to Buyer, obliges to offer analogous goods or goods as similar as possible by its features. Buyer, having refused to accept analogous goods or goods which is the most similar by its features, Seller obliges to return money, paid to Buyer within 15 (fifteen) business days, if a prior payment has been done.
7.5. Seller is not responsible for the actions of the third parties, when such persons, Buyer being aware or not, having used banking system of Buyer, orders goods and Seller, being not aware of it, accomplishes order.
8. Prices of goods, orders, procedure of settlement and terms
8.1. Prices of goods in E-shop and formed order is indicated in EURO with VAT.
8.2. Buyer settles for goods by one of the following ways:
8.2.1. By bank transfer – this is a prior Buyer’s payment by bank transfer to Seller’s bank account for confirmed order. While making bank transfer it is necessary to indicate the following Seller’s data:
Receiver: JSC “ESEM”
Receiver code: 302422327
Account No.: LT667044060007078843
Payment purpose: “write in order number“
This way of payment is possible only from bank account, registered in Europe Union.
Attention! Having not entered order number shipment can be delayed.
8.2.3. By bank transfer through Foxtransfers electronic banking system – this is an advanced Buyer’s payment by bank transfer to Seller’s account for confirmed order.
8.2.4. By bank transfer from his credit/debit card account – this is a prior Buyer’s bank transfer to Seller’s bank account for a confirmed order.
8.2.5. Taking goods by cash from Seller’s office Draugystės str. 18, 51258 Kaunas, Lithuania (before arriving, it is necessary to coordinate pickup time by telephone).
8.3. Buyer, having agreement with Seller due to cancelled payment for goods, settles according to terms, provided in cooperation agreement.
8.4. Buyer, confirming Rules, agrees that the documents of goods sales – VAT invoices, which are guarantee cards of goods as well, would be presented to him together with goods, i.e. at the moment of goods transfer/pickup.
8.5. Seller, having received payment for a confirmed order, starts formation of goods for shipment. Term of delivery or pickup of goods is started to count from payment receipt day at 12:00 a.m. of East European time zone (UTC+02:00).
8.6. Buyer confirms that ordering goods, he has been acquainted with description, drafts, measurements, technical characteristics. If it is not so, Buyer does not order, but refers to Seller, asking to specify information and only being fully sure that goods correspond to all his raised requirements, orders goods.
8.7. Buyer, having sent order to Seller, pays for it only after he has received E-mail, where it is indicated that status of order has changed into „Confirmed“. In the other case delivery of order may be delayed for a longer time.
9. Shipment of goods, price of shipment
9.1. Buyer, ordering goods, may choose that:
9.2. Supply of goods to Buyer:
9.2.1. Buyer, at the moment of order having chosen service of goods supply, obliges to indicate exact address post code, door code for delivery of goods, contact persons, their telephone numbers and all necessary information, that while delivering goods difficulties would not be made nor to the courier neither to Seller.
9.2.2. In Lithuania, Latvia and Estonia. Buyer obliges that goods shall be accepted by the person or persons, indicated in the order. In such a case when courier has delivered goods according to data, indicated in Buyer’s order, Buyer or his indicated person or persons do not accept goods, goods are repeatedly delivered on the second day, and so three days consecutively. For each repeated delivery and return of goods to Seller, taxes of the same amount as delivery was evaluated, are imposed on Buyer, making order to Seller’s system www.el-vent.com. If Buyer does not accept order on the third day, then order is returned to Seller and Buyer has no right to express claims regarding failure to deliver goods.
9.2.3. All countries (except Lithuania, Latvia and Estonia). Buyer obliges that the person or persons, indicated in the order, shall accept goods. In such a case, when courier having supplied goods according to data, indicated in Buyer’s order, Buyer or his indicated person or persons do not accept goods, it is attempted to deliver goods repeatedly on the second day and so three days consecutively. If Buyer does not accept order on the third day, then order is returned to Seller and Buyer has no right to express claims to Seller regarding failure to deliver goods. In such a case tax of the same amount, multiplied by 1.5, by which delivery was evaluated making order in Seller’s system www.el-vent.com, is imposed on Buyer.
9.2.4. Buyer having not accepted goods within three business days and currier having returned them to Seller’s warehouse, Seller stops further fulfilling of order and by indicated E-mail notifies Buyer about it, indicating the amount of additionally experienced transportation costs. Only Buyer having covered experienced transportation costs and having paid for repeated delivery, order is started to fulfil again. Buyer unconditionally understands that fulfilling of all Buyer’s financial liabilities, arisen from presented order, is considered to be a priority.
9.2.5. Goods delivery tax is calculated and presented to Buyer automatically filling order in www.el-vent.com system, with regard to weight of goods and place of delivery.
9.2.6. The Buyer ordered the goods to non-EU countries understand that the ordered goods may be subject to additional import duties and other taxes depending to which country Buyer ordered to deliver the goods. The Buyer is also aware that these charges are completely independent from the Seller and will undertake them to pay to the state by delivery address.
9.3. Buyer, taking goods from Seller’s warehouses in Kaunas:
9.3.1. Ordered goods are necessary to take not later than within 7 business days since the moment when Buyer received E-mail from Seller when order is “Confirmed“ and it may be taken back.
9.3.2. Goods may be taken only by the receiver or his representative, indicated in the order. Collecting goods, it is necessary to submit a valid document, proving identity of the person (personal ID card, passport or driver’s licence of a new form).
9.3.3. Address of Buyer’s warehouses at Draugystės str. 18, 51258 Kaunas, Lithuania. Attention! Before collecting goods it is necessary to coordinate the time of goods collecting with Seller.
9.4. Seller presents goods to Buyer, following terms, indicated in descriptions of goods. These terms are preliminary, besides, not applied in such cases when there are no necessary goods in Seller’s warehouse, and Buyer is notified about lack of his ordered goods. Besides, Buyer agrees that in exceptional cases supply of goods may be delayed due to unexpected circumstances, not depending on Seller. In such a case Seller obliges to contact Buyer immediately and coordinate terms of goods supply.
9.5. In all cases Seller is exempted from responsibility for violation of terms of goods supply, if goods are not supplied to Buyer or supplied in time due to guilt of Buyer or due to circumstances, depending on Buyer.
9.6. At the moment of goods presentation to Buyer, Buyer together with Seller or representative of courier must check the state of consignment and goods and sign consignment transfer-acceptance document. After Buyer has signed consignment transfer-acceptance document, it is considered that transferred consignment is of proper condition, there are no breaches, which base of arising is attributed not to factory spoilage and there are no nonconformities of goods complement (such, which may be established during outer goods examination). Having noticed that package of presented consignment is defected (crumpled, wet or otherwise defected from outside), goods are defected and/or set of goods does not correspond to ordered one, Buyer must mark it in the document of consignment transfer-acceptance.
9.7. If shipment of goods is not possible due to guilt of Buyer, i.e. Buyer indicated incorrect order address, did not arrive to the address, indicated in the order and in settled time, then Buyer must pay fine of EUR20 to the account of Seller within 14 days since Seller’s notification and cover all expenses, related to fulfilment of order. Fulfilment of order is further fully stopped until full indemnification.
9.8. Seller is not responsible if goods were not delivered to Buyer or delivered to late due to guilt of the third parties or due to circumstances, not depending on Seller.
9.9. Buyer must immediately notify Seller, if:
9.9.1. he did not receive goods within 2 days since change of order status into „Sent“ (Lithuania, Latvia, Estonia);
9.9.2. he did not receive goods within 7 days since change of order status into „Sent“ (all countries except Lithuania, Latvia, Estonia);
9.9.3.he is not satisfied with behaviour of a courier;
9.9.4. he accepted goods with damaged package, goods in the package did not correspond to the indicated composition of set and he indicated it in consignment transfer-acceptance document.
10. Goods’ quality guarantee and term of suitability for use
10.1. Each Seller’s sold goods features, given factory warranty are presented in description of each goods.
10.2. Seller is not responsible that goods in E-shop by their colour, form and other parameters may not correspond to the size, forms and colour of the real goods due to the features of Buyer’s used screen, if it is not presented in the draft, situated in goods description.
10.3. Seller gives quality guarantee for certain kinds of goods, which concrete term and other conditions are indicated in such descriptions of goods.
10.4. For all goods except S&P branded production Seller’s guarantee services are made by the address Draugystės str. 18, 51258 Kaunas, Lithuania.
10.5. The warranty for S&P branded goods is performed at S&P Baltic SIA, Savanorių per. 176C, Vilnius. Before sending the product for inspection, it is necessary to inform UAB ESEM and fill in the application for warranty inspection.
11. Return and change of goods
11.1. Return or change of goods, provided guarantee is carried out pursuant to Civil Code of the Republic of Lithuania, according to order No. 217 of Minister of Economy on 29th of June, 2001 \ “Regarding confirmation of rules on return and change of products” \
11.2. If qualitative goods is changed or returned, money for supply of goods is not returned.
11.3. Buyer has a right to return goods, notifying Seller about it in writing (E-mail, indicating wished to return goods and its order number) not later than within seven business days since day of goods delivery.
11.4. Returning goods, Buyer obliges to observe the following conditions:
11.4.1. returnable goods must be in original, neat package;
11.4.2. goods must not be spoiled by Buyer;
11.4.3. goods must be unused, not having lost appearance of the product (unimpaired label, unripped protective film and etc.) (this clause is not applied in such a case when faulty goods is returned due to manufacturer’s guilt);
11.4.4. returnable goods must be of the same complement, as it was received by Buyer;
11.5. Seller has a right not to accept Buyer’s returned goods, if Buyer does not observe procedure of returning goods, established in this article.
11.6. Buyer can supply returnable goods to the address Draugystės str. 18, 51258 Kaunas, Lithuania, having coordinated time with Seller beforehand, or to send using services of chosen courier. In such a case, when goods is returned, referring to return right, provided in these Rules, Buyer covers all goods’ return expenses. When the other or not qualitative goods are returned, Seller obliges to accept such goods, change them by analogous ones and to cover expenses of goods return. Buyer obliges to send returnable goods through company, which is engaged in national post services, choosing the cheapest way of shipment. In such a case, when Seller has no analogous goods for change, he returns money, paid for commodities to Buyer.
11.7. If guarantee validity of goods is not over yet and Buyer suspects that goods is broken, before demounting goods Buyer has to capture it at the moment of action or test, also to take pictures how commodity was connected and send visual material to Seller. It is necessary to lay out all factual circumstances thoroughly and clearly at the image material. Seller, having received visual material and description of a possible failure within 5 business days notifies Buyer about further actions.
11.8. Buyer cannot return guarantee goods, if he has not sent visual material and has not received Seller’s notification about further actions as it is indicated in clause 11.7, in the other case Seller refuses to cover all transportation expenses, related to return of goods.
11.9. Money for returned goods in all cases is transferred only into payer’s bank account.
11.10. If Buyer is a natural entity it is necessary to present copy of invoice (basing on which goods was acquired) with return, if Buyer is a natural entity it is necessary to present goods’ return documents, filled according to legal acts of the Republic of Lithuania, in the other case, Seller has a right not to accept returned goods.
12.1. Buyer is completely responsible for correctness of his presented personal data. If Buyer does not present exact personal data, Seller is not responsible for the consequences hereof.
12.2. Having registered, Buyer is responsible for transferring of his connection data to the third parties. If the third party uses services, provided by www.el-vent.com, having connected to the internet shop, using Buyer’s connection data, Seller considers this person a Buyer.
12.3. Seller is exempted from any responsibility in such cases when looses arise because of the fact that Buyer, without respect to Seller’s recommendations and his own liabilities, is not acquainted with these Rules, though such possibility was given to him.
12.4. If in Seller’s E-shop references into websites of the other companies, institutions, organizations or personal websites are presented, Seller is not responsible for information therein or performed activity, does not supervise, control these websites and does not represent these companies and persons.
12.5. In case of damage, the guilty party indemnifies direct looses to the other party.
13. Means of marketing, applied by Seller
13.1. Seller may initiate different special offers in his E-shop www.el-vent.com at his own discretion.
13.2. Seller has a right to change terms of special offers and also to cancel them unilaterally, without a separate warning.
14. Information exchange
14.1. Seller sends all messages to the E-mail address, indicated by Buyer.
14.2. Buyer sends all messages and questions by means of communication, indicated by Seller’s E-shop address www.el-vent.com.
15. The final provisions
15.1. These Rules are made according to legal acts of the Republic of Lithuania.
15.2. On basis of these Rules law of the Republic of Lithuania is applied.
15.3. Disputes and disagreements between Seller and Buyer, arisen on basis of this Agreement, shall be resolved by negotiations, and in case of failure to agree – in a competent court of the Republic of Lithuania, in Seller’s place of registration.