TERMS & CONDITIONS
TERMS OF SALE AND PURCHASE
A. Special Conditions
1. CONTRACT DETAILS:
1.1. Date - the date when the Seller accepted the order formed by the Buyer
2. PARTIES TO THE CONTRACT:
2.1. The Seller
Title/Name, Surname – UAB “Reiz Tech”
Legal entity code/personal code or date of birth – 300067863
VAT number - LT100001324610
Address of registered office/Residential address - Vilnius, Lvovo str. 105A
Address of the head office/Shipping address - Vilnius, Lvovo str. 105A
E-mail - email@example.com
Settlement account, bank/account for payment - LT82 3250 0122 0719 1931
2.2. The Buyer
Title/Name, Surname – *
Legal entity code/personal code or date of birth – *
VAT number - *
Address of registered office/Residential address - *
Address of the head office/Shipping address - *
E-mail - *
Settlement account, bank/account for payment - *
3. SUBJECT MATTER OF THE CONTRACT
3.1. Name of goods
3.1.1. Range of Products: merchandise as listed in the shop. (with UAB “Reiz Tech” trademarks: sweatshirts, t-shirts, mugs, etc.). The Seller does not undertake to guarantee any range or quantity of the Products. Even if a particular Product is listed in the e-shop, the Seller does not undertake to ensure that such Product will be available for sale and that it can be transferred to the Buyer.
3.1.2. The specific Product to be purchased shall be the Product of the model, size, colour and other parameters specified by the Buyer in the E-shop at the time of purchase and added by the Buyer to the Buyer’s shopping cart, provided that such Product is in the Seller’s warehouse (stock).
3.2. Permitted Use
3.2.1. The Buyer undertakes to use the Purchased Product in such a way as not to discredit, disparage or otherwise adversely affect the brand “Reiz”, “Reiz Tech”.
3.2.2. The Buyer shall not purchase the Product(s) for the purpose of distribution or resale.
4. PRICE FOR THE PRODUCTS AND PAYMENT
4.1. Price for the Product
4.1.1. The price for the Product shall be the amount of money in EUR as stated on the E-Shop at the time of e-purchase of the Product. The Seller shall have the right to unilaterally change the price Products (except in the cases when the Seller approves the Buyer’s shopping cart and accepts it for fulfillment).
4.2.1. Payment shall be made only by bank transfer to the Seller’s account specified in the E-shop at the time of order acceptance and execution.
5. RELATION OF THE SPECIAL CONDITIONS OF THE CONTRACT TO THE GENERAL CONDITIONS
5.1. All terms used in these Special Conditions shall have the meanings set out in the General Conditions, unless the context of the terms used in the Special Conditions indicates that a different meaning is given to those terms.
5.2. In the event of any conflict or inconsistency between the Special Conditions and the General Conditions, the provisions of the Special Conditions shall apply.
6. CONCLUSION OF THE CONTRACT
6.1. The Contract shall be concluded electronically after the Buyer has placed an order, paid for it and the Seller has accepted such order. The terms and conditions of the Contract so accepted shall be binding on the Buyer and shall be deemed to be concluded in writing. In the event of any dispute as to the adequacy of the form of the Contract, the Buyer undertakes to take all steps (including the physical or other signing of the Contract) necessary to remedy any defects in the form of the Contract. The publishing of the terms of the Contract on the website shall be deemed to be a proper confirmation thereof by the Seller.
* The contract does not specify the data separately. These are the personal data of the Buyer. The said data may not be provided at all (depending on the shopping cart options in the e-shop)
B. General Conditions
1. SUBJECT MATTER OF THE CONTRACT
1.1. Subject to the terms and conditions set out in this Contract, the Seller undertakes to sell the specific Product ordered (Clause 3.1.2 of the Special Conditions), and the Buyer undertakes to pay for the Product, to accept, and to use it for the purpose of the Permitted Use as set out in this Contract (Clause 3.2 of the Special Conditions).
1.2. The specific Product for sale shall be in accordance with the Buyer’s choice of available parameters as set out in Clause 3.1.2 of the Special Conditions.
1.3. The selection of Products on the online shop does not constitute a legally binding offer, it is only an invitation to enter into negotiations for the purchase of the Product. By taking the final step of ordering the Product(s) (which is usually “Order and Pay” or any other step actually indicated in the functionality of the E-shop), the Buyer places a binding order for the purchase of the Product(s) contained in the shopping cart. Confirmation of receipt of the order is given immediately after the order has been placed, but this does not constitute acceptance of the Contract by the Seller. The Seller shall accept the order placed by the Buyer by sending an order confirmation by e-mail or by dispatching the ordered Products (or part thereof). The Buyer shall be deemed to have accepted its order even if the Seller is unable to fulfil the whole order (range or quantity) - the order shall be deemed valid for the part of the order that the Seller is able to fulfil and invalid for the rest of the order. In the case of the invalid part of the order, the Seller shall refund the price paid to the Buyer.
2. PRICE FOR THE PRODUCT AND PAYMENT PROCEDURE
2.1. The provisions of this Contract shall apply when the Products are purchased from the online shop (in the relevant sub-page) (hereinafter “E-Shop” or “System”).
2.2. The price of the Products is as set out in the E-Shop. The price is indicated in Euros (EUR). The price includes all taxes (VAT, etc.). The price includes delivery charges.
2.3. The Buyer shall not be deemed to have placed an order until payment for the Products has been received in the Seller’s account.
2.4. The Seller shall have the right to unilaterally refuse the order placed by the Buyer or to unilaterally terminate the Contract concluded through the E-Shop (and shall not be obliged to hand over the ordered Products) if (1) the price of the Products has been incorrectly displayed in the E-Shop (2) or the final price of the Products in the shopping cart has been incorrectly displayed. In such case, the Buyer shall be entitled to a refund of the price paid. The price paid shall be refunded in the same manner as it was paid.
2.5. The Buyer can make payment for the Products by the methods specified in the E-shop (debit or credit card) or by bank transfer through the bank account specified in the E-shop.
2.6. The amount shall be deemed to have been paid from the moment it is received in the Seller’s specified account.
2.7. The Seller shall issue an invoice if the Buyer needs it and such information is indicated at the time of order formation.
2.8. The Buyer must provide complete and correct information as requested.
2.9. If the Buyer has provided false, inaccurate, misleading or incomplete data when entering into this Contract/forming an order, the risk of non-performance or improper performance of the Contract shall be borne by the Buyer, i. e. in such a case, the Seller shall not be liable for the proper performance of this Contract.
2.10. The Buyer grants the Seller the right to use the data provided by the Buyer (including personal data) free of charge to the extent necessary for the performance of the Contract.
3. RIGHT OF THE BUYER TO UNILATERALLY WITHDRAW FROM THE CONTRACT
3.1. The Buyer, where the Buyer is a consumer, shall have the right to unilaterally withdraw from the Contract (return the Product) within 14 days. The time limit starts to run from the date on which the Buyer (or a third party to whom the Product is to be delivered) receives the Product.
3.2. The Buyer shall inform the Seller of the rejection of the Product by e-mail at firstname.lastname@example.org
3.3. If the Buyer withdraws from the Contract (returns the Product), the price paid for the returned Products shall be refunded to the Buyer. The price referred to in this clause shall be refunded no later than 14 days after the actual return of the Products to the Seller (specifically not to a courier or other delivery service provider). Products shall be returned free of charge via Omniva parcel machines (using the Flipo app). The Seller shall have the right to unilaterally change the platform for the free return of the Products (i. e. to specify a parcel machine other than te Omniva (using the Flipo app).
3.4. In all cases, the Buyer shall be entitled to return the Products only if they are unworn, without loss of merchantable appearance, are intact, not stained, torn or its characteristics have not been otherwise impaired or lost.
3.5. In accordance with Article 6.22810(2) of the Civil Code of the Republic of Lithuania, the Buyer shall not have the right to reject the Products if they are made to his/her individual order or if they are not returnable for health or hygiene reasons, if they have been unpacked after delivery.
4. DISPATCH OF GOODS
4.1. The dispatch of the Products is only possible within the territory of the Republic of Lithuania. Shipment to the Curonian Spit, as well as its towns and settlements, shall be made only if such service is provided by entities providing parcel delivery services.
4.2. The sale and dispatch of the Products shall be made only in reasonable quantities (to the extent that it would be reasonable for a consumer to purchase such Products) and the Products shall be supplied only to end users
5. GUARANTEE OF THE QUALITY OF GOODS
5.1. The Products are subject only to the statutory quality guarantee. The Seller does not give any additional warranties in respect of the quality of the Products other than the rights provided by law.
6. TRANSFER OF TITLE TO THE PRODUCTS
6.1. The Products shall remain the Seller’s property until the order is confirmed by the Seller (i. e. also after payment has been made). Title to the Products shall pass to the Buyer upon delivery of the Products to the courier (delivery service provider).
7.1. The liability of the Buyer and the Seller under the Contract shall be limited to the price of the Products, except in cases of intent or gross negligence of the responsible party.
7.2. The Seller shall not be liable and shall not pay any penalties if it is unable to supply the Products because it is out of stock, notwithstanding the acceptance of the Buyer’s payment and order. In such a case, the Seller shall refund to the Buyer the price paid for the Products.
7.3. The Seller shall not be liable and shall not pay any penalties for non-delivery or delay in delivery of the Products if the aforementioned non-delivery or delay is caused by the acts or omissions of the courier (delivery service provider) or third parties.
8. PERSONAL DATA
8.1. The Buyer and its related persons, as defined in the Law on Joint-Stock Companies of the Republic of Lithuania, shall process the Buyer’s personal data obtained by the Buyer using the E-Shop and the Seller’s website.
8.2. When the Buyer accesses the website (and, accordingly, the E-Shop), the following data may be stored in log files: date and time of access, name of the page visited, IP address of the device accessing the website, URL of the referring device, amount of data downloaded, time of upload, the browser used, the name of the accessing provider. The legal basis for the processing of the IP address is Article 6(1)(f) of the GDPR**, which in the case of the Seller is: Ensuring seamless connectivity; ensuring the smooth use of the website and the E-shop, as well as assessing the security and stability of the system. The information obtained does not allow a direct conclusion to be drawn as to the identity of the Buyer and the Seller does not do so. The data will be saved and automatically deleted once the above-mentioned purposes have been achieved. Typical time limits for deletion are based on the necessity criterion.
8.3. Cookies. Cookies are used on the Seller’s website and E-shop. The Seller may also use tracking tools and social media features.
8.4. Processing of data in connection with the conclusion of the Contract (order). The Seller shall process the Buyer’s data provided in the E-Shop at the time of placing an order. The purpose of the processing is the conclusion, performance or termination of the contract (order). The processed personal data of the Buyer may include: name, surname; billing and delivery address; e-mail address; billing and payment details; telephone number, VAT number. The specific data collected and processed for this purpose shall be indicated on the order form.
8.5. The legal basis is Article 6(1)(a), (b) and (c) of the GDPR, i. e. the Buyer provides the Seller with the data in connection with a contractual relationship. The provided e-mail address is processed for the purpose of confirming by the Seller the acceptance of the order.
8.6. Except for the use of personal data for advertising purposes, the Seller shall keep the Buyer’s personal data for the duration of the Contract and until the expiry of the quality guarantee for the Products. After the expiry of this period, the Seller shall continue to keep information about the contractual relationship to the extent required by the legislation governing taxes or other obligations. During this period, the data will only be processed if they have to be submitted to the tax authorities or any other relevant body.
8.7. The Seller shall forward the Buyer’s payment information to the payment service providers who process the payment(s). The Seller also forwards the Buyer’s delivery address information to couriers (delivery service providers).
8.8. The data provided by the Buyer at the time of placing the order may be used to check that the order is not risky (e. g. unusually large quantities of Products are ordered through different persons’ accounts). The legal basis for the processing is Article 6(1)(f) of the GDPR. However, the Seller is under no obligation to do so and the Seller is not subject to the negative consequences of possible fraud.
8.9. Data processing for advertising and marketing purposes. The Seller has the right to store the Buyer’s personal data for marketing purposes, i. e. for the purpose of providing advertising that may be relevant to the Buyer. Pseudonymised/anonymised personal data of the Buyer is also collected for the purpose of using the pseudonymised/anonymised data for marketing purposes, as well as for the marketing purposes of third parties (advertisers). Pseudonymised/anonymised data may also be used by the Seller individually on the website, on the network, and thus advertising may be controlled by third party service providers. The legal basis for the use of personal data for marketing purposes is Article 6(1)(f) of the GDPR.
8.10. The Seller uses the social plugins on its Facebook and LinkedIn website to make the Seller better known, in accordance with Article 6(1)(f) of the GDPR. The purpose and scope of the data collection and the further processing and use of the data of the respective provider, as well as the Buyer’s rights and the possibilities of determining the protection of the Buyer’s privacy, can be found in the respective data protection notices submitted to the provider. By logging out of social networking sites in advance and deleting cookies, the Buyer can prevent social networks from assigning information about the Buyer to the Buyer’s user account on the relevant social network during the Buyer’s visit. If the Buyer does not want social networks to attribute data collected on the Seller’s website and E-shop directly to the Buyer’s profile, the Buyer must log out of the relevant social networks prior to the visit.
8.11. In the event that the Website and E-Shop offers the possibility to create a Buyer Account, the following provisions shall apply.
8.12. Creating a buyer/customer account is voluntary. If the Buyer creates a customer account, the data collected here shall be processed in accordance with Article 6(1)(b) of the GDPR. Once a customer account has been created, the Buyer does not need to enter any new data. The Buyer may also view and modify the data stored in his customer account.
8.13. The Buyer shall have the possibility to delete his/her customer account at any time. However, the data visible in the customer account will not be deleted at the same time. The Buyer’s data will be automatically deleted when the requirements of the tax legislation have expired. The legal basis for this further processing is Article 6(1)(c) and Article 6(1)(f) of the GDPR.
8.14. The rights of the Buyer as a personal data subject. In addition to the right to withdraw the consent given to the Seller, the Buyer shall have the following additional rights:
8.14.1. The right to obtain information about the Buyer’s personal data stored by the Seller (Article 15 of the GDPR): the purposes of the processing, the category of the personal data, the recipients to whom the Buyer’s personal data have been or will be disclosed, the category, the intended period of storage, and the origin of the Buyer’s personal data, unless they are collected directly from the Buyer;
8.14.2. The right to have inaccurate and incomplete data rectified (Article 16 of the DBAR);
8.14.3. The right to have the Buyer’s personal data stored by the Seller deleted (Article 17 of the GDPR), provided that the Seller is not bound by any legal or contractual retention periods or other legal obligations;
8.14.4. The right under Article 18 of the GDPR to request the restriction of the processing of the Buyer’s personal data if the Seller no longer needs the data and such request is based on the Buyer’s attempt to protect his/her rights, or if such processing is objected under Article 21 of the GDPR;
8.14.5. The right to lodge a complaint with a supervisory authority.
8.15. The Buyer may exercise its rights by contacting the Seller via email@example.com.
9. VALIDITY AND TERMINATION OF THE CONTRACT
9.1. This Contract shall enter into force on the date of its conclusion and shall remain valid until the obligations under the Agreement have been fully performed.
9.2. In the event that any part or provision of this Contract is found to be invalid, the remaining parts and provisions of this Contract shall remain valid in all respects.
9.3. Either Party shall have the right to terminate this Contract immediately if the other Party fails to perform the Contract or performs it improperly, which constitutes a material breach of this Contract, and fails to remedy the breach of this Contract within 3 working days of the written notice thereof.
9.4. The Seller shall have the right to unilaterally change the provisions of this Contract, including the price of the Products (fees). The price (fees) of the Products shall be changed for unpaid Products only. Having a Buyer’s account does not guarantee that Products ordered but not paid for will be sold at the price stated in the E-Shop.
10.1. The Seller undertakes to keep confidential and not to disclose to third parties (except for third parties providing services, where this is necessary to ensure the proper and timely provision of services) the data contained in the Buyer’s registration form. These obligations do not apply where disclosure of the Buyer’s data is necessary in the cases provided for by the legislation of the Republic of Lithuania.
11. FINAL PROVISIONS
11.1. This Agreement is concluded and shall be construed in accordance with the laws of the Republic of Lithuania.
11.2. The Parties agree that any dispute and/or claim arising out of or in connection with this Agreement or arising out of any breach, termination or invalidity of this Agreement shall be settled by negotiation.
11.3. If the dispute is not resolved by negotiation, it shall be settled before the consumer rights authorities (if the Buyer is a consumer) and the courts of the Republic of Lithuania according to the address of the Seller’s registered office.
11.4. All notices, requests and other correspondence shall be deemed to have been duly served at the addresses indicated on the actual date of receipt or delivery of the letter, based on the date of the letter confirming receipt or delivery or other proof of receipt. If the correspondence is electronic, it shall be deemed to have been received on the working day following that on which it was duly dispatched.
** REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)