TERMS AND CONDITIONS OF SALE OF GOODS OF THE ONLINE STORE WWW.EL-VENT.COM

UAB “ESEM”
Viečiūnai, Lithuania

1. GENERAL PROVISIONS

1.1. The online store www.el-vent.com is operated by UAB “ESEM”, legal entity code 302422327 (hereinafter referred to as the Seller).

1.2. For the purposes of these Terms and Conditions:

Consumer means a natural person entering into a contract with the Seller for purposes unrelated to their business, trade, craft or profession, as well as in other cases established by law where consumer protection applies to a natural person.

Business Customer means a legal entity or a natural person purchasing goods for purposes related to their business, trade, craft or professional activity and who is not considered a consumer under applicable law.

Buyer means either a Consumer or a Business Customer.

1.3. These terms and conditions for the purchase and sale of goods (hereinafter referred to as the Terms and Conditions) establish the rights and obligations of the Buyer and the Seller, the procedures for ordering, payment, delivery, acceptance, return, exchange and warranty service of goods, the liability of the parties and other conditions related to purchasing goods at www.el-vent.com.

1.4. Before placing an order, the Buyer must read these Terms and Conditions and confirm that they have read and agree to them.

1.5. The version of the Terms and Conditions in force at the time the order is placed shall apply to the Buyer’s order, unless mandatory provisions of applicable law provide otherwise.

1.6. The Seller has the right to amend or supplement these Terms and Conditions, the product range, prices, delivery methods and other operating conditions of the online store. Amendments shall not apply retroactively to contracts already concluded, except where required by law.

1.7. Where individual provisions of these Terms and Conditions differ for Business Customers and Consumers, the provision applicable to the relevant category of Buyer shall apply.

1.8. Mandatory consumer protection provisions shall apply to Consumers in all cases. Consumer protection provisions shall not apply to Business Customers.

2. PROTECTION OF PERSONAL DATA

2.1. The Seller processes the Buyer’s personal data to the extent necessary to receive, administer and fulfil orders, administer payments, issue accounting documents, deliver goods, provide warranty and post-warranty service, comply with legal obligations and pursue the Seller’s legitimate interests.

2.2. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation – GDPR), the laws of the Republic of Lithuania and the Privacy Policy of www.el-vent.com.

2.3. The Buyer’s data may be transferred to payment service providers, courier and transport companies, IT service providers, accounting service providers and other service providers to the extent necessary to administer the order, perform the contract or comply with the Seller’s legal obligations.

2.4. Detailed information concerning the purposes and legal bases of personal data processing, categories of data, recipients, retention periods and the rights of data subjects is provided in the Privacy Policy of www.el-vent.com.

2.5. Communications necessary for order fulfilment, delivery, payment, warranty service and other circumstances related to contract performance shall not be considered direct marketing communications.

3. PLACING AN ORDER AND CONCLUSION OF THE SALE AND PURCHASE CONTRACT

3.1. Adding goods to the shopping cart, creating an order or submitting an order by the Buyer does not in itself mean that the Seller has accepted the order for fulfilment.

3.2. An order submitted by the Buyer through the www.el-vent.com system shall constitute an offer by the Buyer to purchase the goods specified in the order from the Seller.

3.3. An automatic notification generated by the electronic system confirming receipt of the order shall not constitute confirmation by the Seller that the order has been accepted for fulfilment unless expressly stated otherwise in the notification.

3.4. Upon receiving an order, the Seller has the right to verify product availability, price, quantity, technical data, delivery possibilities, delivery price and other information necessary for fulfilment of the order.

3.5. The sale and purchase contract shall be deemed concluded when the Seller informs the Buyer by email or through the online store system that the order has been “Confirmed”, unless otherwise provided by the specific payment method, the Seller’s offer or a separate agreement between the parties.

3.6. Until the Seller confirms the order, the Seller has the right to refuse to accept it if the goods are unavailable, can no longer be ordered, an obviously incorrect price or technical information has been displayed in the online store, delivery to the Buyer’s specified address is not possible, or other objective circumstances make fulfilment of the order impossible.

3.7. The Buyer shall pay for the goods only after receiving notification from the Seller that the order has been “Confirmed”, unless otherwise provided by the selected payment method or the Seller’s offer.

3.8. Clicking the buttons “ADD TO CART”, “CREATE ORDER”, “ORDER” or “CONFIRM” does not in itself create an obligation to make immediate payment unless clearly stated otherwise at the relevant stage of the online ordering process.

3.9. A Buyer who has a separate deferred-payment agreement with the Seller shall make payments in accordance with that agreement.

3.10. Each Buyer order is registered in the Seller’s electronic commerce system.

4. BUYER’S RIGHTS

4.1. The Buyer has the right to purchase goods offered at www.el-vent.com in accordance with these Terms and Conditions.

4.2. In accordance with the Civil Code of the Republic of Lithuania, a Consumer has the right to withdraw from a distance sale and purchase contract within 14 days without giving any reason, except in cases excluded by law.

4.3. In the case of goods, the 14-day period shall begin on the day on which the Consumer or a person designated by the Consumer, other than the carrier, receives the goods. Where several goods ordered under one order are delivered separately or goods are delivered in separate lots or pieces, the period shall be calculated in accordance with applicable law.

4.4. The Consumer may notify the Seller of withdrawal from the contract using the electronic withdrawal function available at www.el-vent.com, by email or by another method permitted by law.

4.5. Receipt of a withdrawal statement submitted electronically shall be confirmed to the Consumer in accordance with applicable law.

4.6. The 14-day right of withdrawal from a distance contract applies to Consumers. This right does not apply to Business Customers.

5. BUYER’S OBLIGATIONS

5.1. The Buyer must pay for the ordered goods on time and accept them in accordance with these Terms and Conditions.

5.2. The Buyer must provide correct, complete and up-to-date information necessary for fulfilment of the order.

5.3. The Buyer shall be responsible for consequences caused by incorrect or incomplete information provided by the Buyer to the extent permitted by applicable law.

5.4. A registered Buyer must keep their account login details secure and must not disclose them to third parties. The Buyer must immediately notify the Seller of loss or unauthorised use of login details.

5.5. If the information provided by the Buyer changes, the Buyer must update it without delay.

5.6. Before ordering goods, the Buyer must review the product description, technical specifications, dimensions, drawings, connection parameters and other information provided in the online store.

5.7. If the Buyer has doubts concerning the suitability of goods for a particular system, purpose or project, the Buyer should contact the Seller for additional information before placing the order.

5.8. A Business Customer is responsible for the suitability of the selected goods for the system designed, installed or operated by the Business Customer, except where the Seller has expressly confirmed in writing the suitability of specific goods for a specific project submitted to the Seller by the Business Customer.

6. SELLER’S RIGHTS

6.1. The Seller has the right to restrict or suspend the Buyer’s access to the online store if the Buyer attempts to disrupt its operation, compromise its security, gain unauthorised access to information systems, engages in fraudulent or other unlawful activity, or materially breaches these Terms and Conditions.

6.2. The Seller has the right to temporarily suspend operation of the online store due to technical maintenance, failures, cybersecurity requirements, force majeure or other objective circumstances.

6.3. The Seller has the right to cancel an unpaid order if the Buyer fails to pay within 2 business days following the Seller’s confirmation, unless otherwise agreed between the parties.

6.4. Before confirming an order, the Seller has the right to correct obvious technical, pricing, description or data-entry errors in the online store.

6.5. The Seller shall not be required to fulfil an order at an obviously incorrect price where, considering the nature of the goods, the usual market price or other circumstances, it should have been obvious to the Buyer that the price resulted from a technical or data-entry error, to the extent permitted by applicable law.

7. SELLER’S OBLIGATIONS

7.1. The Seller undertakes to fulfil confirmed orders in accordance with these Terms and Conditions and the conditions of the specific order.

7.2. The Seller undertakes to process the Buyer’s personal data in accordance with applicable law and the Privacy Policy.

7.3. The Seller shall deliver the goods to the address specified in the order or prepare them for collection according to the conditions of the specific order.

7.4. If, after confirmation of the order, it becomes objectively impossible to supply the ordered goods, the Seller shall inform the Buyer and may offer an equivalent or similar product.

7.5. If the Buyer does not accept the proposed alternative, any amount paid in advance for goods that cannot be supplied shall be refunded without undue delay and no later than within 14 days.

8. PRICES, ORDERS AND PAYMENT

8.1. Prices in the online store and in the generated order are stated in euros including VAT unless otherwise specified in a particular case.

8.2. The Buyer may pay using the payment methods offered by the online store for the particular order.

8.3. When paying by bank transfer:

Beneficiary: UAB “ESEM”
Company code: 302422327
IBAN: LT667044060007078843
Payment reference: order number.

8.4. Failure to specify the order number may delay identification of the payment and fulfilment of the order.

8.5. Bank transfers may be made from accounts in countries and financial institutions accepted by the Seller.

8.6. Where offered by the online store, the Buyer may pay by credit or debit card or through an electronic payment service provider.

8.7. Where such an option is available, payment may be made in cash or by payment card at the place of collection.

8.8. A Buyer who has a deferred-payment agreement with the Seller shall pay in accordance with the conditions of that agreement.

8.9. Purchase documents shall be provided to the Buyer in accordance with applicable law.

8.10. After receiving payment for a confirmed order, the Seller begins preparing the goods for dispatch. The preparation, delivery or collection period begins upon receipt of payment unless otherwise specified in the Seller’s confirmation.

9. DELIVERY, ACCEPTANCE AND DELIVERY COSTS

9.1. The Buyer may select a delivery or collection method offered by the online store for the particular order.

9.2. When selecting delivery, the Buyer must provide an accurate delivery address, postal code, recipient details, telephone number, door code where required and any other information necessary for delivery.

9.3. The Buyer must ensure that the goods can be accepted at the address specified in the order by the Buyer or a person designated by the Buyer.

9.4. If delivery cannot be completed because of incorrect information supplied by the Buyer, absence of the Buyer or designated recipient at the agreed delivery time, or other circumstances attributable to the Buyer, the Buyer shall reimburse the reasonable and actually incurred additional costs of delivery, redelivery, storage and return of the goods to the extent such costs may lawfully be charged to the Buyer.

9.5. A Business Customer shall reimburse the Seller for additional transport, redelivery, storage and return costs actually incurred due to the Business Customer’s fault or circumstances attributable to the Business Customer.

9.6. If goods are returned to the Seller due to the Buyer’s fault or circumstances attributable to the Buyer, the Seller has the right to suspend further fulfilment of the order until additional costs lawfully payable by the Buyer have been paid.

9.7. Delivery costs are calculated according to the weight and dimensions of the goods, delivery location, method of transport and other parameters affecting logistics costs.

9.8. For deliveries outside the European Union, the Buyer may be subject to import duties, local taxes, customs brokerage charges and other import-related charges. Such costs shall be borne by the Buyer unless applicable law provides otherwise.

9.9. Goods may be collected from the Seller’s warehouse at Jaunystės g. 4, 66491 Viečiūnai, Lithuania, or another collection location specified by the Seller for the particular order.

9.10. The collection time must be agreed with the Seller in advance before arriving to collect the goods.

9.11. Delivery times are specified in product descriptions, during the ordering process or in the Seller’s order confirmation.

9.12. Delivery times may change due to objective circumstances beyond the Seller’s control. The Seller shall inform the Buyer of any significant delay.

9.13. Upon accepting a shipment, the Buyer must inspect its external condition.

9.14. If damaged packaging, obvious damage to goods, missing packages or another externally visible discrepancy is discovered, the Buyer should record this in the courier’s delivery document or electronic system and, where there are reasonable grounds to believe that the goods are damaged, refuse acceptance.

9.15. The Buyer’s signature without reservations confirms that no externally visible damage to the shipment packaging or discrepancies in completeness were identified at the time of delivery. This provision does not limit mandatory Consumer rights concerning hidden defects.

9.16. The Seller shall not be liable for delivery delays caused by the Buyer or other circumstances beyond the Seller’s control to the extent permitted by applicable law.

10. PRODUCT QUALITY AND WARRANTY

10.1. Technical characteristics of goods and, where applicable, the term and conditions of a commercial warranty provided by the manufacturer or Seller are specified in the product description, warranty document or documentation supplied with the goods.

10.2. Consumers are entitled to the statutory guarantee provided by the laws of the Republic of Lithuania. A commercial warranty provided by the manufacturer or Seller does not reduce or eliminate the Consumer’s statutory rights.

10.3. Business Customers are subject to the warranty conditions specified in the product description, manufacturer’s documentation, Seller’s offer, warranty conditions or a separate agreement between the parties.

10.4. The Seller shall not be liable for defects or damage caused by improper installation, incorrect electrical or other connection, inappropriate system parameters, use contrary to the intended purpose or instructions, mechanical damage, improper maintenance, unauthorised repairs, structural alterations or modifications where there is a causal relationship between such actions and the defect or damage.

10.5. Where installation, connection, commissioning, adjustment or maintenance of goods requires specialised technical knowledge due to the nature of the goods, the Buyer is responsible for ensuring that such work is performed by appropriately qualified persons.

10.6. The Seller assumes no responsibility where technically suitable goods corresponding to the order and independently selected by the Buyer do not meet the Buyer’s subjective expectations or requirements of a specific project of which the Seller was not informed before conclusion of the contract.

10.7. A Business Customer is responsible for technical selection of the goods, their compatibility with other equipment and suitability for a specific project, except where the Seller, having received all necessary technical information, expressly confirmed in writing the suitability of specific goods for the specific project.

10.8. Product photographs in the online store are illustrative unless otherwise stated in the product description. The appearance of goods may differ slightly due to the Buyer’s screen settings, minor design changes made by the manufacturer or differences between production batches, provided that the essential characteristics of the ordered goods remain unchanged.

11. RETURNS, EXCHANGES, CLAIMS AND WARRANTY SERVICE

11.1. RULES APPLICABLE TO CONSUMERS

11.1.1. In accordance with the Civil Code of the Republic of Lithuania, a Consumer has the right to withdraw from a distance sale and purchase contract within 14 days without giving any reason, except in cases excluded by law.

11.1.2. In the case of goods, the 14-day period begins on the date of receipt of the goods determined in accordance with applicable law.

11.1.3. The Consumer must clearly notify the Seller of the decision to withdraw from the contract using the electronic withdrawal function at www.el-vent.com, by email or by another method permitted by law.

11.1.4. A Consumer exercising the right of withdrawal must return the goods to the Seller in accordance with the procedure and within the periods prescribed by law.

11.1.5. The direct costs of returning goods of satisfactory quality shall be borne by the Consumer unless the Seller agrees to bear them or applicable law provides otherwise.

11.1.6. Returned goods must be properly packaged and protected against damage during transportation.

11.1.7. The Consumer shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

11.1.8. The Consumer’s right of withdrawal from a distance contract shall not apply in cases established by law, including contracts for goods made to the Consumer’s specifications that are not prefabricated and are made on the basis of an individual choice or decision by the Consumer, or goods clearly personalised for the Consumer.

11.1.9. The mere fact that standard goods were specially ordered by the Seller from a supplier for a particular Consumer does not in itself eliminate the Consumer’s statutory right of withdrawal unless a statutory exception applies to the particular goods.

11.1.10. Goods of unsatisfactory quality are subject to the Consumer rights established by the laws of the Republic of Lithuania.

11.1.11. Where applicable law requires the Seller to bear the costs of returning, replacing or delivering goods of unsatisfactory quality, such costs shall be borne by the Seller.

11.1.12. Where the Consumer lawfully withdraws from a distance contract, the Seller shall refund the amounts required by law without undue delay and no later than within 14 days after receiving the Consumer’s notification of withdrawal.

11.1.13. Where permitted by law, the Seller may withhold reimbursement until the goods have been returned to the Seller or the Consumer provides evidence that the goods have been sent back, whichever occurs first.

11.1.14. The Seller shall refund money using the same means of payment used by the Consumer where technically possible. Where reimbursement by the same means is impossible due to objective technical circumstances, the Consumer and the Seller shall agree on reimbursement by bank transfer to the bank account specified by the Consumer. The Consumer shall not incur additional costs as a result of such reimbursement.

11.2. RULES APPLICABLE TO BUSINESS CUSTOMERS

11.2.1. The 14-day distance-contract withdrawal right available to Consumers does not apply to Business Customers.

11.2.2. Goods of satisfactory quality sold to a Business Customer cannot be returned or exchanged unless the Seller expressly agrees in writing to accept the particular goods.

11.2.3. A Business Customer has the right to return goods within 3 days from the invoice date only where the delivered goods are of unsatisfactory quality and only after separately agreeing the return with the Seller in advance.

11.2.4. Goods of satisfactory quality ordered and/or brought by the Seller from a supplier or manufacturer pursuant to a special order of a Business Customer cannot be returned or exchanged.

11.2.5. Clause 11.2.4 does not eliminate the Business Customer’s right to make a justified claim concerning goods of unsatisfactory quality under the applicable contract and applicable law.

11.2.6. Upon receiving the goods, the Business Customer must immediately inspect their quantity, completeness, model, dimensions and externally visible defects.

11.2.7. The Business Customer must notify the Seller immediately, but no later than within 3 days from the invoice date, of externally identifiable defects, an incorrect model, quantity or completeness.

11.2.8. If the Business Customer fails to provide notification within the period specified in Clause 11.2.7, the goods shall be deemed accepted without reservations regarding quantity, model, completeness and externally identifiable condition, except for hidden defects and cases governed by mandatory provisions of law.

11.2.9. A Business Customer may not unilaterally send goods back to the Seller without prior agreement concerning the return. Shipments not agreed with the Seller in advance may be refused.

11.3. CLAIMS AND WARRANTY SERVICE

11.3.1. A Buyer who identifies a possible defect or fault in goods must provide the Seller with the product identification details, order or invoice number and a detailed description of the defect or fault.

11.3.2. For remote diagnosis of the nature of a fault, the Buyer may be requested to provide photographs or video of the installation, connection, operation or symptoms of the fault, electrical or other system parameters and other information reasonably necessary for diagnosis.

11.3.3. Failure by a Consumer to provide additional diagnostic material does not in itself eliminate the Consumer’s statutory rights. The Seller may request that the goods be submitted for inspection where the cause of the fault cannot be established remotely.

11.3.4. The Buyer must ensure that goods sent for inspection or return are properly packaged and are not additionally damaged during transportation.

11.3.5. When returning goods, a Consumer shall provide a copy of the invoice or another document confirming purchase of the goods from the Seller. A Business Customer shall provide the invoice details and return documents complying with the requirements of the laws of the Republic of Lithuania.

11.3.6. If inspection establishes that a defect in goods belonging to a Business Customer is not covered by warranty and resulted from improper installation, connection, operation, mechanical damage, unauthorised repair, modification or other circumstances beyond the Seller’s control, the Business Customer may be charged reasonable diagnostic, transportation and repair costs.

11.3.7. Goods requiring warranty inspection shall be sent or delivered to the address specified by the Seller only after prior agreement with the Seller.

11.3.8. Where warranty service for a particular manufacturer or brand is provided by another authorised service centre, the Seller shall inform the Buyer of the applicable service procedure.

12. LIABILITY

12.1. Each party shall be liable for failure to perform or improper performance of its contractual obligations in accordance with applicable law.

12.2. The Buyer is responsible for the accuracy of information provided to the Seller and for consequences resulting from incorrect or incomplete information to the extent caused by the Buyer’s actions or omissions.

12.3. The Seller shall not be liable for damage caused by improper installation, connection, use, modification, repair or operation of goods by the Buyer or third parties contrary to technical requirements where a causal relationship exists between such actions and the damage.

12.4. The Seller shall not be liable for incompatibility of goods selected by the Buyer with other equipment or systems of the Buyer where the Buyer did not provide the Seller with all information necessary to assess compatibility before purchase and the Seller did not confirm compatibility in writing.

12.5. A Business Customer is responsible for the accuracy of technical parameters, project data, quantities, dimensions, electrical parameters and other information relevant to the order or selection of goods supplied by the Business Customer.

12.6. In business-to-business relations, to the extent permitted by mandatory law, the Seller shall not be liable for indirect losses suffered by the Business Customer, loss of revenue, loss of profit, interruption of business or production, lost business opportunities or other consequential losses, except where such liability cannot legally be limited.

12.7. The Seller shall not be liable for information or activities on third-party websites merely because www.el-vent.com contains a link to such websites.

12.8. No provision of these Terms and Conditions shall limit any Consumer rights that cannot be restricted by contract under mandatory law.

13. MARKETING MEASURES APPLIED BY THE SELLER

13.1. The Seller may, at its discretion, organise promotions, sales, discount programmes and other commercial offers.

13.2. Specific promotions or offers may be subject to separate conditions, validity periods, quantity limits or other restrictions.

13.3. The Seller has the right to amend or terminate a promotion prospectively, but such amendment shall not affect sale and purchase contracts already concluded before the amendment.

14. EXCHANGE OF INFORMATION

14.1. Notifications from the Seller concerning fulfilment of an order shall be sent to the email address provided by the Buyer and, where necessary, using other contact details provided by the Buyer.

14.2. The Buyer is responsible for ensuring that contact details provided to the Seller are correct and up to date.

14.3. The Buyer shall submit notices, requests, claims and questions to the Seller using the contact methods specified in the “Contacts” section of www.el-vent.com or the relevant functions available in the online store.

15. FINAL PROVISIONS AND DISPUTE RESOLUTION

15.1. These Terms and Conditions and sale and purchase contracts concluded pursuant to them shall be governed by the law of the Republic of Lithuania, without prejudice to protection afforded to Consumers by applicable mandatory provisions of law.

15.2. In the event of a dispute between the Buyer and the Seller, the parties shall first seek to resolve it through negotiations.

15.3. A Consumer who believes that the Seller has infringed their rights or legitimate interests has the right to submit a written request to the Seller specifying the particular claim.

15.4. The Seller shall examine the Consumer’s written request free of charge and provide a detailed and reasoned written response within the period prescribed by law, but no later than 14 days after receipt of the request, unless applicable law provides otherwise in the particular case.

15.5. If the Seller rejects the Consumer’s claim or grants it only in part, the Seller’s response shall provide information concerning the competent alternative consumer dispute resolution body.

15.6. The Consumer has the right to contact the State Consumer Rights Protection Authority (VVTAT) and/or use the Consumer Rights Information System (VTIS) in accordance with applicable law.

15.7. Disputes between the Consumer and the Seller that cannot be resolved through negotiations or out-of-court procedures shall be resolved by a competent court in accordance with the jurisdiction rules established by Lithuanian and other applicable law.

15.8. Disputes between the Seller and a Business Customer shall first be resolved through negotiations.

15.9. Unless otherwise stipulated in a separate agreement between the Seller and the Business Customer, the laws of the Republic of Lithuania shall apply to relations arising from these Terms and Conditions and sale and purchase contracts concluded pursuant to them.

15.10. If any provision of these Terms and Conditions becomes wholly or partially invalid, unenforceable or contrary to mandatory provisions of law, this shall not in itself affect the validity of the remaining provisions.