1. General rules 1.1.These rules (hereinafter referred to as the Rules) are ne neccesary document for the both parties during the purchase. It is a legal document that sets out the person who buys goods at the online store www.esaunashop.com (hereinafter referred to as the Buyer) and JSC "Poilsio sprendimai" (hereinafter referred to as the Seller); buyer and seller together referred to as the Parties) in this document the mutual rights, duties, responsibilities and other conditions are described. 1.2. The buyer of the online store www.esaunashop.com is any person or company that is allowed to become one according to the law of the Republic of Lithuania, both directly and through legitimate representatives. 1.3. During the purchase of goods at the online storewww.esaunashop.com Buyer unconditionally agree with all of the conditions that are described inthese Rules. The buyer agrees with the Rules while marking field „Agree with the purchase rules“, without this condition agreement between Seller and Buyer is not alowed. 1.4. The seller, in accordance with legal regulations, shall have the right at any time unilaterally amend, revise, or to fill in the Rules. In any of the above ways modified Rules will be legal from the moment of publication at the online www.esaunashop.com.
2. Purchase contract award and execution
2.1. The agreement between the buyer and seller is concluded from the moment the buyer select the item (s), note all the required information and click the button "Buy".
2.2. The agreement has the force of law and must be properly enforced by both parties.
2.3. The agreement is valid until the completion of the contract.
2.4. Each contract entered into by the above, is stored in the online store www.esaunashop.com database.
3. Customer rights
3.1. The buyer has the right to purchase goods online store www.esaunashop.com in accordance with these Rules, other vendors on publicly available information and to the Lithuanian legislation.
3.2. The buyer has the right to refuse the agreement by written notice to Seller within 7 ( seven) working days from the date of acceptance of the goods .
3.3. These rules shall not apply to the 3.2 chapter of the Rules for goods that have been manufactured by the personal order of the Buyer.
3.4. The buyer has the right to benefit from the provisions in paragraph 3.2 if the item is of good quality, undamaged, and has not been used to significantly change its appearance.
3.5. If the buyer has bought more than one item at the www.esaunashop.com online shop and intends to use the rules provided in paragraph 3.2, the buyer can not return pnly one item, but must return all items selected in the order.
3.6. Paragraph 3.2 of the Rules provides the buyer the right to return the items in accordance with the Minister of Economy Order No. 258 on the sale of items and services, when the contracts awarded by the communication means .
3.7. The buyer also has the other rights in accordance with the Republic of Lithuania statutory.
4. Buyer duties
4.1. Before starting first sale agreement at the www.esaunashop.com online store, the buyer must register at the store and provide to the seller all the information needed, also to agree with the rules specified in paragraph 1.3 .
4.2. The buyer must pay all sum for the items selected eth the online store www.esaunashop.com as well as other charges, if any, mentioned in the contract.
4.3. The buyer must accept the goods purchased from the Seller.
4.4. The buyer must keep in secret from the third parties his login data and other information provided during the registration. If the buyer loses his login data or it becomes somehow known to third parties, the the buyer shall immediately inform the seller.
4.5. If there are any changes in buyer's personal information, the buyer must immediately update this information, otherwise the seller is not responsible for potentially inncorect purchase agreement and in the case of the financial losses that the Seller might expierince, the Buyer shall be obliged to fully compensate them.
4.6. The buyer has all other obligations stated by the Rules as well as the law of the Republic of Lithuania and must fulfill them.
5. Seller's rights
5.1. Seller has the right to determine the minimum size of a basket of goods, in this case if the minimum amount is not reached, the buyer may not be served.
5.2 . If the buyer would try to harm the online shop www.esaunashop.com website, the Seller shall have the right, without prior notice immediately restrict, suspend or terminate the Buyer access to the online store www.esaunashop.com.
5.3. Seller has all other rights determined in the Law of the Republic of Lithuania and previously mentioned online store Rules.
6. Seller's obligations
6.1.The Seller agrees to allow the buyer to use all services provided by the online store www.esaunashop.com. However, the Seller shall not be liable for any financial loses of the buyer that he may suffer as a result of www.esaunashop.com technical or other problems or errors in data transmission, regardless of the origin of reason.
6.2. Seller agrees to respect the privacy of the buyer, to protect his personal information according to the Republic of Lithuania and legal acts.
6.3. If the buyer choose the goods to be presented by a curier company, rather than withdrawing himself from the Seller, the Seller undertakes to deliver the goods to the address indicated by a buyer.
6.4. If the seller for the important reason is not able to provide the buyer with the goods ordered,he must to offer the equivalent or similar product as soon as possible. In case the Buyer refuses to accept the proposed product, the seller agrees to refund the money paid by the buyer within ten (10) working days after a written receipt of the refusal provided by a buyer.
6.5. In case the Buyer using Rule 3.2, the Seller agrees to refund the money paid by the buyer within 10 (ten) working days from receipt of the returned goods. If the buyer has paid for the goods in cash or by bank transfer to the Seller's bank account (not using the electronic banking services), for the returning of the goods the buyer must provide the seller with his bank account details. In this case, the buyer pay the money will be returned within ten (10) working days from the date of order of service seller.
6.6. In the cases provided for in Rules 6.4 and 6.5, the Seller undertakes to return the money according to the rules mentioned in paragraph 9.2.
6.7. Seller has other rights mentioned in the statutory of the Republic of Lithuania and must fulfill them.
7. Price of goods, payment and order conditions
7.1. All the goods and their delivery rates, as well as any other potential payments are specified in Litas, the price includes the value added tax.
7.2. Buyer agrees that all documents and invoices, which are also the documents confirming the right of the buyer to return of goods or replace them, will be presented during the delivery.
7.3. the buyer can pay for the goods in cash, pre-pay using online banking services from any bank or in any other legal ways.
7.4. Cash money for the delivered goods must be provided to a curier or person delivering items. If the buyer fails to pay the full amount for the goods during the delivery, as well as all other charges, if any, goods will be not transferred and contract shall be deemed terminated.
7.5. Payment while using electronic banking services is only possible if the seller has a contract with the chosen bank. In this case, the link from the online store will be made to the buyer's bank. Therefore, the responsibility for the security of the buyers data lies with the relevant bank.
7.6. If the buyer pays for the goods via transfer from any bank or other credit institution in the Seller's account (not using the e-banking), he shall not later than in 24 hours after the pressing link "Buy" to contact the Seller via e-mail sending a confirmation of payment.
7.7. According to the Civil Code 6313, Art. 7 d . after the order the product price may be adjusted in relation to the price of the goods covered by the law affecting the objective indicators (cost of change , the additional costs of a technical error and so on) . In case of such a change of price the buyer has the right to refuse to buy the product, the seller - to sell. In this case, any of the parties in a written notice to the other Party shall have the right to terminate the purchase - sale agreement.
8. Delivery of goods:
8.1. Buyer must chose one of the ways how the good will be delivered to him – either through the curier service or to collect the goods from the store.
8.2. Goods can be only withdraw by the buyer, his legal representative or a person specified by the purchaser at the time of booking. Goods receiving person must provide the seller with a valid identity document (identity card, passport or after 2003-01-01 issued a driver's license).
8.3. the seller shall inform the buyer about the delivery date and time via e-mail address specified by the buyer during registration.
8.4. Buyer or any other person specified in paragraph 8.2, must to collect the goods from the store work no later than in three (3) working days, counted from the Seller's notification to the email address specified by the buyer. If the buyer or any other person specified in rules paragraph 8.2 will not take the goods during the term of 3 days, the seller has the right to terminate the contract. In this case the buyer is obliged to cover all of the possible financial losses.
8.5. Costs for the delivery at the adress provided by a buyer, shall be covered by the buyer himself. The price to pay for the items must be counted acording to the demand delivery location, quantities, cost, weight, etc.
8.6. If the buyer would lket to have items brought to his door, this service must be ordered and pre-payed during the selection of goods at the online store.
8.7. In some cases, the delivery to the door can be free of charges.
8.8. In some cases, the delivery of the goods (eg, in the town of Neringa and Klaipeda city of that part of the Curonian Spit ), or by other circumstances, may cost additional fees.
8.9. Person accepting the goods together with goods transmitting the seller's agent must verify the condition of the packaging of goods, the quantity, range and quality of goods and sign the transfer document. By signing receipt of the goods the Buyer confirms that the goods are transferred to him in proper condition, quantity, range and quality.
8.10. If the buyer notice that the goods or packaging of the product itself is in any way damaged or improper configuration, the person accepting the goods must prepare an act of the violation or non-compliance with agreed configuration. If the buyer refuses to prepare such act, Seller is released from any liability to the Buyer for goods damage.
8.11. After only a violation of the consignment package, but without any in quantity, range and quality of non-compliance, the seller must enforce the purchase - sale agreement. In such case, the person receiving the goods must accept them, but he also shall inform about the packaging damages the seller.
8.12. When the quantity of goods and (or) range, and (or) quality are registered during the delivery, person receiving the goods must not accept the goods. However, if the person receiving goods signs the receipt or a transfer documents without comment on their possible shortcomings, it is assumed that the Seller has made the presentation of the items and the seller is free of any responsibility to a buyer.
8.13. If the goods are not delivered on the date specified by a seller, the Buyer shall immediately inform the Seller, otehrwise the buyer has no right to make claims against the seller.
8.14. The seller is relieved of liability to the Buyer, or non-delivery of goods or for late delivery, if the goods are not delivered to the Buyer or delivered late due to the fault of the buyer.
8.15. Other conditions on the delivery of the goods are presented at the online store www.esaunashop.com in the position "Delivery of goods". In case of discrepancies between the terms provided herein and on the website www.esaunashop.com, these rules are of the first importance.
9. Return and exchanges
9.1. Return and exchanges can be made in accordance with the rules specified in paragraph 3.6 of the Minister of Economy Order No. 2001-06-29. 217.
9.2. Money for returned goods is paid by transfer to the bank account of the buyer, in accordance with Rules 6.4 and 6.5. In case if the buyer and the payer for the goods are not the same person, the money shall be paid to the person's who payed for the goods bank account.
9.3. If the buyer refuses to purchase goods according to the paragraph 3.2, the money payed by a buyer shall be returned within 10 (ten) working days from the date of return of merchandise seller .
9.4. Buyer shall return the goods to the seller at his own expense. Buyers can arrange with the seller that in the case of returning of the goods to pick up the goods from the buyer itself .
9.5. Goods shall be returned in the original and undamaged packaging (this does not apply in the case of returned faulty goods), goods also must be unused and of the same configuration as it were taken by the buyer from the seller .
9.6. While returning the goods, the buyer must submit all the received documents. The refusal to tahe the goods shall be signed by the documents provided by the seller.
9.7. the right to return the goods has the buyer himself or his legal representative. While returning goods, a person must present one of the documents specified in paragraph 8.2, and the proper document allowing official representation if needed.
9.8. Other goods return and exchange terms are specified at the www.esaunashop.com in sector "Warranty“. In case of discrepancies between the exchange terms provided herein and on www.esaunashop.com, the Rules are of the first importance.
9.9. If the buyer in any way violates one or more of the provisions contained in the Rules and Article 9.8, the Seller shall have the right do not accept the withdrawal of the buyer and do not accept the returned goods.
10. Product Quality Guarantee
10.1. Seller or manufacturer of goods provides a time- quality guarantee. Period and the exercise of the other conditions of warranty service is provided in the description of the goods .
10.2. The data contained in electronic information media does not apply for warranty, and the buyer's or third party losses caused by such data loss or restoration shall not be reimbursed by seller .
10.3. In the case where the seller or the manufacturer does not provide guarantee , the warranty is provided by the relevant legislation.
10.4. The seller does not provide after-sales service of goods. In each case ,when the buyer would like to take advantage of such services, the Seller directs the Buyer to the person providing after-sales service .
10.5. Other warranty conditionas are privided at the website www.esaunashop.com.
11. Responsibility of the parties, personal data protection and management
11.1. Buyer is responsible for all actions carried out by using serviceson the website www.esaunashop.com.
11.2. While ordering goods, the Buyer shall specify proper necessary personal data. The buyer have the right to refuse to provide his personal data, but he shall understand that the data is required and necessary to uniquely identify the Buyer and (or) his representatives.
11.3. Accepting these rules, the buyer agrees that his personal data are processed for the identification at the www.esaunashop.com for the vendor performance analysis and direct marketing. The buyer also agrees that to the specified e-mail address and telephone number might be send information about the ordered goods.
11.4. Address of the buyer and (or) e-mail address and (or) phone number are used for direct marketing purposes only if during the registration or ordering goods the Buyer notes the appropriate box . The buyer has the right to specify to the seller, that the his personal data for direct marketing purposes would no longer be processed, and the seller must fulfill the requirement .
11.5. Seller agrees not to disclose the personal data of the buyer to third parties unless they are Seller's partners, providing delivery to the Buyer, or applying a buyerwith other services. In all other cases, the buyer“s personal data to third parties may be disclosed only according to the Laws of the Republic of Lithuania .
11.6. Personal identification document and personal information that it contains is used only for the proper identity identification.
11.7. The buyer is responsible for the personal data justice. If the submitted information is incorrect and (or) inaccurate, the responsibility for the consequences of such data falls exclusively on the buyer, who must cover all of Seller's finacial losse caused by the buyer.
11.8. In accordance with the Electronic Signature Law Article 8.3 d ., the Parties agree that the buyer 's accession to the online store www.esaunashop.com enshrined in a legally binding with electronic signature, have the same legal effect as a signature provided on documents, and is admissible as evidence in court.
11.9. Buyers who violates the rule mentioned in paragraph 4.4 - an obligation to ensure the security of login information, shall be fully responsible for any consequences arising from the transmission of data to third parties. Any person connected to the electronic store www.esaunashop.com using buyers login is considered to be the buyer himself, and all acts carried out by connecting to the online shop www.esaunashop.com using buyers login shall be deemed made by the buyer.
11.10. If the buyer enters into other sites via Seller online store while using the links, the Seller is not responsible for these other companies, institutions, organizations, or any other third party websites or the information provided by companies, institutions, organizations or any other third- party and do not represent them.
11.11. Seller is not responsible if the goods in terms of size, color, shape and other parameters may not match the actual product size, shape, color and other parameters because of the buyer“s used a visual display or monitor features.
11.12. The seller is exempt from any liability in case if Buyer is not familiar with these rules, although he had such duty and possibility.
12. Presentation of information
12.1. The Parties agree that information provided at the online store www.esaunashop.com contain all the neccesary information, including these Rules, and other regulations that can be founded at the website www.esaunashop.com sections, also the information provided in the Civil Code Article 6366. 8 d . All the information is considered to be presented by the Seller to the Buyer in writing.
12.2. The buyer certifies that while buying goods at the online storewww.esaunashop.com, he met with the information specified in the Civil Code 6366, Art. 8 d., and fully realized and understood it. This information is provided to the buyer in these rules, and on the other www.esaunashop.com sections.
12.3. All neceseary information shall be send via e-mail.
12.4. Buyer must send all reports, questions or complaints to the seller via contact information provided at the website www.esaunashop.com.
13. Final Provisions
13.1. All the aspects thata re not described in these rules, shall be solved in accordance with the laws of the Republic of Lithuania.
13.2. Any dispute, controversy or claim arising out of these Rules shall be settled by negotiation, otherwise the dispute between the parties can be solved by competent court.
13.3. If for any reason one or more of these rules are found to be illegal, invalid or unenforceable, this shall not affect the other terms of the Rules. In this case, all other conditions of the Rules shall be construed without regard to the illegal, invalid or unenforceable provision.
13.4. Wherever it is clear from the context, masculine includes the feminine (and vice versa), the singular includes the plural, and the plural - the singular.