Purchase Rules
UAB „LINOKSA“ ELECTRONIC SHOP WWW.LINOKSA.LT PURCHASE TERMS
1. DEFINITIONS
1.1. Personal data – any information related to a natural person – data subject, whose identity is known or can be directly or indirectly determined using data such as a personal code, one or more physical, physiological, psychological, economic, cultural or social characteristics specific to the person.
1.2. CC – Civil Code of the Republic of Lithuania.
1.3. E-shop – Electronic shop www.LINOKSA.lt.
1.4. Seller – UAB „Linoksa”, registered and operating in accordance with the laws of the Republic of Lithuania, company code: 135475488, VAT number: LT354754811, registered office / correspondence address: Jankiškių g. 16, LT-02300, Vilnius, Lithuania.
1.5. Offer – the Seller’s offer of the selected Product to the Buyer, sent to the Buyer’s specified e-mail address.
1.6. OPAY – “UAB OPAY solution”, registered and operating in accordance with the laws of the Republic of Lithuania, company code: 302664558, registered office address / correspondence address: M. K. Paco g. 4, IX entrance, LT-10309 Vilnius..
1.7. Account – the result of the Buyer’s registration in the E-store, which creates an account that stores his personal data and order history.
1.8. Buyer – any natural or legal person who purchases goods in the E-store. Consumer – a person who meets the definition of a consumer established in the Law on Consumer Rights Protection of the Republic of Lithuania, i.e. i.e., a natural person who seeks to conclude or concludes contracts for purposes not related to his business, trade, craft or profession (for consumption purposes).
1.9. Product – any product sold in the E-store. The terms “product”, “goods” used separately in the Rules mean both singular and plural.
1.10. Privacy Policy – a document approved by the Seller, which provides for the basic rules for the collection, storage, processing and storage of Personal data when using the E-store.
1.11. Agreement – a contract for the purchase and sale of goods.
1.12. Parties – the Buyer and the Seller together.
1.13. Rules – these “UAB “Linoksa” electronic store www.LINOKSA.lt rules and terms of sale”, which establish the rights and obligations of the Buyer and the Seller, the terms of purchase and payment for the Goods, the procedure for delivery and return of the Goods, the liability of the parties and other provisions related to the conclusion and execution of a distance Agreement, the purchase and sale of Goods in the E-store administered by the Seller.
2. GENERAL PROVISIONS
2.1. These Rules are a legal document binding on the Parties, which establishes the rights and obligations of the Parties, the terms of purchase and payment for the Goods, the procedure for delivery and return of the Goods and other conditions related to the purchase and sale of the Goods in the E-store.
2.2. The Seller reserves the right to change, amend or supplement the Rules. When the Buyer makes purchases in the E-store, the Rules in force at the time of ordering the Goods apply, therefore the Buyer is recommended to familiarize himself with the Rules during each purchase.
2.3. The Seller does not assume any risk or liability and is unconditionally exempted from it if the Buyer has not partially or completely familiarized himself with the Rules, although he was given such an opportunity.
2.4. The Seller has the right to limit the Buyer's use of the E-store or cancel the Buyer's registration without notice if the Buyer uses the E-store in violation of these Rules, tries to harm the stability and/or security of the work of the E-store or the Seller's orders.
2.5. All persons specified in § 1.8 of these Rules have the right to register and purchase Goods in the E-store, after confirming that they are familiar with the Rules.
2.6. The Buyer acknowledges his/her familiarization with the Rules and consent to comply with them by checking the box next to the statement: “I have familiarized myself with and agree to the www.LINOSA.lt Rules and Terms of Sale and Privacy Policy” when registering for the Account.
2.7. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, in all cases the Buyer is responsible for providing the Seller with a working e-mail address belonging to the Buyer.
2.8. The Seller does not undertake to ensure the uninterrupted operation of the E-store, since its operation may be influenced by factors beyond the Seller’s control. The Seller undertakes to make all reasonable efforts to ensure the smoothest possible operation of the E-store. In all cases, the Seller is not liable for the consequences arising from the aforementioned disruptions to the operation of the E-store.
2.9. In the event that the Parties have concluded an individual contract for the purchase and sale of Goods, which provides for different prices for the Goods than in the E-store, as well as different terms of purchase and sale of the Goods than those provided for in the Rules, when purchasing Goods in the E-store, the provisions of these Rules shall apply to the relations between the Parties, i.e., individual contracts shall not replace these Rules and shall not be a part of them. This means that in the event of any inconsistencies between the Rules and the individually signed contracts for the purchase and sale of Goods by the Parties, when purchasing Goods in the E-store, the cooperation provisions established in these Rules shall apply to the relations between the Parties.
3. REGISTRATION AND PERSONAL DATA PROTECTION
3.1. The Buyer is responsible for ensuring that the data provided in the Account registration form or in the Product inquiry submitted to the Seller are accurate, correct and complete. If the data provided by the Buyer changes, he must update them immediately. The Seller shall in no case be liable for damage incurred by the Buyer and/or third parties due to the Buyer providing incorrect and/or incomplete personal data or failing to change or supplement the data after they have changed.
3.2. The Buyer has the right to freely change or supplement the data provided in the Product inquiry at any time, to cancel his/her registration and to re-register in the E-store.
3.3. When registering in the E-store or placing an individual order (purchasing Goods without registration), the Buyer must provide the Seller with his/her contact personal data necessary for the delivery of the Goods: name, surname (in the case of a legal entity - name), address (city, street, house number, apartment number, postal code), active e-mail address and contact phone number for contact regarding order confirmation, execution and/or data necessary for payment for the Goods. Registered Buyers, when filling out the registration form for creating an Account, have the opportunity to save the password in the Seller's system, which they wish to use for subsequent logins to the Account created during registration
3.4. The Buyer is informed by these Rules that information messages necessary for confirming the order, payment and delivery of the Goods or for executing another order will be sent to the e-mail address specified by him/her.
3.5. The Seller ensures that the Buyers' Personal Data will be used only for the purposes of the sale of Goods, the Agreement (the Seller, among other things, checks the Seller's performance of obligations and the quality of service). If the Buyer gives separate consent, the data provided by the Buyer may also be used for direct marketing purposes. The Buyer's personal data will be processed in accordance with the Privacy Policy. If the Buyer uses the services of the E-store, it is considered that he is informed about the processing of the Buyer's personal data and confirms that all the information and personal data provided are correct and correspond to reality.
3.6. The Seller does not store Buyers' data related to their payment information. All payments are made through the partner's Paysera channel. By initiating and making a payment for the Goods through the Paysera platform operating in the E-store, the Buyer agrees that the Buyer's data will be transferred to Paysera for the purposes of proper payment for the Goods.
3.7. The Seller undertakes not to disclose the Buyer's Personal Data to third parties, except for the Seller's partners providing the delivery of Goods or other services related to the proper execution of the Buyer's order. In other cases, the Buyer's personal data may be disclosed to third parties only in accordance with the procedure provided by the legal acts of the Republic of Lithuania.
3.8. By agreeing to these Rules, the Buyer is informed that the Seller will provide the Buyer's personal data provided by the Buyer himself and/or transferred to the Seller during the execution of the Agreement to partners for the purpose of executing the Agreement (delivery of Goods, ensuring payment, etc.) to the extent necessary for the execution of the relevant agreement. The Buyer has the right to contact the Seller (personal data controller) with a request to provide a list of entities to which his personal data has been transferred.
4. ORDERING GOODS, CONCLUSION OF A PURCHASE-SALE AGREEMENT
4.1. The legal relationship of purchase and sale between the Seller and the Buyer arises and the Agreement between them is considered concluded from the moment when the Buyer, having selected the Product to be purchased in the E-store, completes all the steps of the order (including familiarization with these Rules and a certificate of this in the designated fields).
4.2. In the event that the Buyer fills out a Product request in the E-store, the Seller's representatives will contact the Buyer.
4.3. Buyers' orders are registered and stored in the E-store database for no longer than 2 (two) years, the term being calculated from the end of the last purchase and sale relationship. In accordance with the legal acts regulating accounting, data on individual purchases (including data about the Buyer specified in the invoice) are stored in the Company's accounting for 10 years.
5. BUYER’S RIGHTS
5.1. The Buyer has the right to purchase Goods in the E-store in accordance with the procedure established in these Rules.
5.2. The Buyer has the right to cancel the order in accordance with the procedure established in these Rules.
5.3. The Buyer, in accordance with the procedure and conditions specified in Chapter 12 of the Rules, has the right to cancel the Agreement concluded online with the Seller.
5.4. The Buyer has the right to exchange or return the purchased Goods in accordance with the procedure established in these Rules.
5.5. The Buyer has other rights provided for in these Rules, Privacy Policy, and legal acts of the Republic of Lithuania.
6. SELLER’S RIGHTS
6.1. The Seller has the right to set the minimum size of the Goods basket at its discretion, i.e. the minimum amount upon reaching which the Buyer’s order will be processed. The amount of this amount may be provided in the E-store.
6.2. The Seller has the right to change, suspend or terminate the operation of certain functions of the E-store or part of them, as well as to change the layout of the elements in the E-store.
6.3. The Seller has the right to suspend or terminate the operation of the E-store. In such a case, all accepted and confirmed Buyer orders are completed, and new orders are not accepted.
6.4. The Seller has the right to cancel the Buyer's order under the conditions and in the manner provided for in § 10 of the Rules.
6.5. The Seller has other rights provided for in these Rules or legal acts of the Republic of Lithuania.
7. BUYER'S OBLIGATIONS
7.1. The Buyer must pay for the purchased Goods on time and accept them in accordance with the procedure established in these Rules. Having chosen to collect the Goods at the Seller's office, at Jankiškių g. 16, LT-02300, Vilnius, Lithuania The Buyer must collect them within the terms specified in the Rules.
7.2. The Buyer undertakes to store and not transfer to third parties his login data to the E-store. Responsibility for the consequences arising from improperly stored login data lies with the Buyer.
7.3. E-store Buyers must familiarize themselves with these Rules and Privacy Policy, as well as comply with them and other conditions clearly specified in the E-store, and not violate the legal acts of the Republic of Lithuania.
8. SELLER'S OBLIGATIONS
8.1. The Seller undertakes to provide the opportunity to use the E-store services, the operating conditions of which are determined by these Rules and other conditions provided for in the E-store.
8.2. The Seller undertakes to deliver the Goods purchased by the Buyer to the specified address, in accordance with these Rules.
8.3. The Seller undertakes to respect the Buyer's right to privacy to personal information belonging to him, i.e. to process the Buyer's Personal Data only in accordance with the procedure established by the Rules, Privacy Regulations, in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679, the Law of the Republic of Lithuania on the Legal Protection of Personal Data and other legal acts regulating the protection of personal data.
8.4. Under the conditions provided for in the Rules, the Seller undertakes to deliver the goods ordered by the Buyer and accept the goods returned by the Buyer.
8.5. In the event of unforeseen circumstances, when the Seller cannot deliver the Goods purchased by the Buyer due to unforeseen circumstances, if possible, the Seller shall offer the Buyer an analogous or as similar in characteristics as possible Goods. In the event that the Seller is unable to offer an alternative Product or the Buyer refuses to accept the Product offered by the Seller as analogous or similar, the Seller undertakes to refund the money paid to the Buyer within 9 (nine) business days from the date of notification of the non-existent Product or receipt of the Buyer's refusal, if an advance payment was made, and if the payment was not made, to cancel the order.
8.6. When the Buyer returns the Products, the Seller undertakes to refund the money paid by the Buyer within 15 (fifteen) business days from the date of return of the Products to the Seller.
9. ORDER CANCELLATION
9.1. The Seller has the right to cancel the Buyer's order without prior notice if the Buyer does not pay for the Products within 3 (three) business days.
9.2. In the event that the Buyer's advance payment for the ordered Goods has been made, but the Buyer cannot be contacted for 3 (three) business days during the delivery of the order, the Seller has the right to cancel the order unilaterally without separate notice, and to refund the money paid for the Goods to the Buyer within 9 (nine) business days. In this case, the Seller has the right to deduct and not refund the delivery fee for the Goods.
9.3. The Seller has the right to cancel the Buyer's unpaid order without prior notice if: (i) the Seller fails to contact the Buyer within 2 (two) business days after placing the order; or (ii) the Buyer fails to provide the Seller with the requested information within the time specified by the Seller.
10. INFORMATION CHANNELS
10.1. The Seller sends notifications to the Buyer using the contacts provided by the Buyer - e-mail. email address and/or telephone number, and the Buyer, if he wishes to contact the Seller, can use all communication channels specified in the "Contacts" section of the E-store or contact the chat system installed in the E-store.
11. RESPONSIBILITY
11.1. The Buyer is fully responsible for the accuracy of the data provided. If the Buyer provides inaccurate data, the Seller is not responsible for the consequences arising from this and acquires the right to claim compensation for losses incurred by the Buyer.
11.2. The Buyer is fully responsible for his actions performed on the website using the E-store.
11.3. The Buyer is responsible for the security of his registration data and/or transfer to third parties. In the event that a third party uses the Buyer's data to place an order or confirm an Offer, the Seller considers such a person to be the Buyer.
11.4. The Seller is exempted from any liability in all cases where losses arise due to the fact that the Buyer, disregarding the Seller's recommendations and his obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
11.5. In the event of damage, the guilty party shall compensate the other party for direct losses.
12. MARKETING MEASURES APPLIED BY THE SELLER
12.1. The Seller may carry out various types of marketing promotions (e.g., carry out price reductions for Goods, set formations, discounts for the Goods delivery service, etc.) and, with the prior consent of the potential Buyer, inform him about these promotions through the contacts specified by the Buyer, based on the principles established in the Privacy Policy.
12.2. The Seller has the right to unilaterally and without prior notice change the duration, conditions of promotions or cancel them. Any change or cancellation of the terms and procedure of promotions is valid only from the moment of their execution and does not apply to orders placed before them. Information about ongoing promotions is provided in the E-store.
13. FINAL PROVISIONS
13.1. All rights to the E-store and the works contained therein are protected by the laws of the Republic of Lithuania and other legal acts. No content and other textual, graphic or other information contained in the E-store may be reproduced, made publicly available or distributed without the prior written consent of the Seller.
13.2. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania and the European Union.
13.3. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.
13.4. Considering that the Rules apply to each individual purchase of Goods in the E-store, the Seller reserves the right to unilaterally amend the Rules at any time (e.g. due to changes in legal acts, software functionality or any other circumstances that may affect the functioning of the E-store), by publishing a new version of the Rules in the E-store. Amendments to the Rules shall enter into force from the date of their publication. In the event that the Buyer continues to use the E-store after the publication of changes to the provisions of the Rules, it is considered that he agrees with all changes to the Rules. The latest version of the Rules was published in the E-store on April 1, 2023.
13.5. All disagreements arising from the implementation of the Rules are resolved by negotiation. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.