1. RULES FOR PURCHASE-SALE OF GOODS
1. CONCEPTS
1.1. Shop - the Seller's website/shop (diac.lt), which is used to identify the Buyer, his order, contact details, payment and delivery details;
1.2. Seller - MB "DIAC", company code: 305562957, registered office address: Gudžionių str. 1, Jonava.
1.3. Buyer - an adult natural person who purchases Goods from the Seller, a minor (from 14 to 18 years old) natural person with the consent of parents or guardians (except for cases where he disposes of his income independently), a legal person or an authorized representative of the listed persons;
1.4. Goods - Seller's E-mail Goods sold in the store and physical stores;
1.5. Order - list of goods purchased by the Buyer;
1.6. Rules - Purchase-Sale rules that determine mutual relations, rights, duties and responsibilities between the Buyer and the Seller.
2. GENERAL PROVISIONS
2.1. These Rules are a legal document binding on the parties, which sets out the rights and responsibilities of the Buyer and the Seller, the conditions for purchasing and paying for the Goods, the procedure for the delivery and return of the Goods, the responsibilities of the parties and other provisions related to the purchase and sale of the Goods when purchasing the Goods from the Seller.
2.2. When submitting an Order to the Seller, the Buyer must familiarize himself with these Rules and confirm that he has done so when he submits the necessary data for concluding the Agreement and delivering the Order.
2.3. The seller has the right to change the Rules at any time, taking into account the requirements established by legal acts. The buyer will be informed about changes in the Rules by e-mail. in the store.
3. STARTING MOMENT OF THE APPLICATION OF THE RULES
3.1. The rules for the relationship between the Buyer and the Seller begin to be applied from the moment when:
3.1.1. The buyer forms the order by e-mail. In the store, provide the data required to conclude the contract, to deliver the order, click on the "Buy" link;
3.1.2. When buying by phone, the buyer provides the necessary data to the seller to conclude the contract, form the order and deliver it;
3.1.3. The buyer submits the Order and the documents necessary to use the consumer credit service provided by leasing companies to enter into the contract.
4. BUYER'S RIGHTS
4.1. The Buyer has the right to purchase Goods from the Seller in compliance with these Rules.
4.2. The buyer has the right to refuse and return the goods purchased by e-mail within fourteen days without giving a reason. In the store. Pursuant to the provisions of this article, the Buyer shall notify the Seller of the return of the Goods by submitting a free-form statement outlining his decision to refuse and return the Goods. Notification of refusal and return of Goods is submitted to the Seller by e-mail. by e-mail In the store. The Buyer must send or hand over the Goods to the Seller immediately and no later than within fourteen days from the date of submission of the notification of refusal and return of the Goods to the Seller. The Buyer bears only the direct costs of returning the Goods.
4.3. The Buyer has the right to refuse and return the Goods after the expiry of the 14-day period specified in Article 4.2. The Buyer must notify the Seller in writing, specifying the desired Product(s) to return and the reason for the return. For the sake of clarity, this provision does not mean that the Seller is obliged to accept the returned Goods and in each specific case, the Seller, after examining the return request, makes a decision on the return of the Goods. If the Seller makes a decision to accept the returned Goods, the return and transfer of the Goods is carried out in accordance with the conditions separately agreed between the Buyer and the Seller.
4.4. The Buyer may exercise the right provided for in Clause 4.3 of the Rules only if the Product has not been damaged, its appearance has not fundamentally changed and it has not been used.
4.5. In the event that the Buyer purchases a set of Goods from the Seller and in accordance with Rules 4.3. wishes to refuse certain (certain) Product(s) by the right provided for in point, he must return the complete set of Goods to the Seller. In the event that at least one of the Goods in the set does not meet the requirements set forth in Clause 11.4 of the Rules, the Seller has the right to refuse to accept the returned set of Goods.
4.6. 4.2 and 4.3 of these Rules. the articles do not apply to packaged Goods that have been unpacked after delivery and are unsuitable for return due to health or hygiene reasons.
5. OBLIGATIONS OF THE BUYER
5.1. The Buyer must pay for the Goods and accept them in accordance with the procedure established by these Rules.
5.2. Using email in the store, the Buyer undertakes to comply with these Rules, other conditions provided by E-mail. in the store and the legal acts of the Republic of Lithuania.
6. SELLER'S RIGHTS
6.1. The Seller has the right to determine the minimum order size at his discretion, i.e. i.e. the minimum amount, upon reaching which free delivery of the Buyer's Order will be carried out. The amount of this amount is specified in the Seller's terms of delivery.
6.2. If the Buyer tries to harm E. for the stability and security of the shop's work or violates its obligations, the Seller has the right to immediately and without warning limit or suspend his ability to use E-mail. in the store.
6.3. When the Buyer chooses Rule 8.1.3. the method of payment and delivery of the Goods provided for in point - the Seller, in the event of ambiguities regarding the information provided in the order, contacts the Buyer using the contacts specified by him. The Seller has the right to cancel the order without prior notice to the Buyer if the Seller fails to contact the Buyer within 3 (three) business days.
6.4. In the event of uncertainty regarding the order information, the Seller has the right to contact the customer using the specified contacts. The Seller has the right to cancel the order without prior notice to the Buyer, if the Buyer does not contact the Seller within three (3) working days and does not provide the necessary information.
6.5. The seller has the right to cancel the order if there are assortment problems or website errors that would prevent the original order from being fulfilled, or to offer to change the order in a way that is acceptable to both parties. The Seller must, in writing or during a phone call, inform the Buyer before the cancellation and refund the money if the order is not fulfilled. The Seller is not responsible for and cannot in any way control the refund time to the Buyer's bank or credit card provider.
6.6. The seller has the right to cancel the order if third-party payment service providers believe that the transaction may be unsafe, fraudulent or unreliable. The Seller returns the funds to the same payment method that was used during the payment of the order and informs the Buyer by e-mail. by mail or phone call. The buyer can try to order again using another payment option.
7. OBLIGATIONS OF THE SELLER
7.1. The seller undertakes in these Rules and E-mail. Under the conditions established in the store, provide the Buyer with the opportunity to use E-mail. store services.
7.2. The Seller undertakes to respect the Buyer's privacy right to personal information belonging to him and to process the personal data specified by the Buyer only in accordance with Chapter 12 of the Rules and the procedure established by the legal acts of the Republic of Lithuania.
7.3. The Seller undertakes to deliver the Goods ordered by the Buyer to the address specified by the Buyer under the conditions specified in Section 9 of the Rules.
7.4. The Seller, due to important circumstances, being unable to deliver the ordered Product to the Buyer, undertakes to offer an analogous or similar Product as far as possible. If the Buyer refuses to accept an analogous or similar Product, the Seller undertakes to return the money paid to the Buyer within 3 (three) working days, if prepayment was made.
7.5. After the buyer uses Rule 4.2. - 4.3. clauses provided for by law and in the presence of Rules 4.5. clause, the Seller undertakes to return the money paid to the Buyer within 14 (fourteen) days, counted from the date of receipt of the notification about the return of the Goods, but not earlier than until the Goods are returned to the Seller or until the Buyer provides proof that the Goods have been sent to the Seller.
8. PROCEDURE AND TERMS OF PAYMENT FOR GOODS
8.1. The Buyer can pay for the Goods in one of the following ways:
8.1.1. Electronic banking means advance payment using the electronic banking system used by the Buyer. When paying for the Goods in this way, a payment is generated for the Buyer in the electronic banking system according to his Order. The Buyer transfers the money to the Seller's account in the relevant bank of his choice. The responsibility for data security in this case rests with the respective bank, since all monetary transactions take place in the bank's electronic banking system.
8.1.2. By bank transfer - this is an advance payment, when the Buyer transfers money from his account to the Seller's account according to the submitted Order invoice.
8.1.7. Payment can be made using electronic banking services of Swedbank, Seb, Luminor, Citadele and Šiaulių bankas. Settlements are possible in euro currency. Payments are processed using Paysera.lt payment platform.
9. DELIVERY AND COLLECTION OF GOODS
9.1. When ordering the Goods, the Buyer can choose the method of delivery of the Goods, i.e. i.e. use the Goods delivery service provided by the Seller's authorized representative or pick up the Goods from the Seller's physical stores.
9.2. Delivery of goods to the Buyer:
9.2.1. The buyer, who has chosen the Goods delivery service during the order, undertakes to indicate the exact place of delivery of the Goods.
9.2.2. The Buyer undertakes to accept the Goods himself or to indicate the person who will collect the Goods at the time of placing the Order. In the event that the Buyer (or another specified person) cannot accept the Goods, and the Goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the Goods to the wrong entity.
9.2.3. The goods are delivered by the Seller or his authorized representative.
9.2.4. The charge for delivery (transportation) of goods is calculated taking into account the size of the Order and the place of delivery:
9.2.4.1. An additional fee applies to the delivery of goods to the Curonian Spit region.
9.2.5. When the Buyer wishes the Goods to be delivered outside of Lithuania, the terms of delivery of the Order are negotiated in a separate agreement.
9.3. When picking up the Goods at the Seller's physical stores, the Goods must be picked up by the Buyer or another person specified at the time of placing the Order, after the Seller confirms that the Order is already ready.
*Due to the emergency situation, the delivery of goods may take longer.
9.5. In all cases, the Seller is released from responsibility for the violation of the deadlines for the delivery of the Goods, if the Goods are not delivered to the Buyer or are delivered late due to the Buyer's fault or due to circumstances beyond the Buyer's control.
9.6. During the delivery of the goods to the Buyer, the Buyer must together with the Seller or his authorized representative check the condition of the shipment and the Product(s) and sign the shipment transfer-acceptance document. After the Buyer signs the consignment transfer-acceptance document, it is considered that the consignment has been handed over in a suitable condition, there are no damage to the Goods, the origin of which cannot be attributed to a factory defect, and there are no inconsistencies in the set of the Product(s) (such as can be determined during the external inspection of the Goods). Having noticed that the package of the delivered shipment is damaged (crumpled, wet or otherwise externally damaged), the Product(s) is damaged and/or the Product(s) is not complete, the Buyer must note this in the shipment transfer-acceptance document and , in the presence of the Seller or his representative, to draw up a free-form act of violation/nonconformities of the shipment and/or the Product(s). If the Buyer does not perform these actions, the Seller is exempted from responsibility towards the Buyer for damage to the Goods, if the basis for the occurrence of such damage is not a factory defect and due to discrepancies in the set of Goods, if these discrepancies can be determined during an external inspection of the Goods.
10. GUARANTEE OF GOOD QUALITY AND TERM OF SUITABILITY FOR USE
10.1. The characteristics of each Seller's Product are generally indicated in the Product description attached to each Product.
10.2. The seller is not responsible for the fact that El. the color, shape or other parameters of the Goods in the store may not correspond to the real size, shape and color of the Goods due to the characteristics of the display used by the Buyer.
10.3. For certain types of Goods, the Seller provides a guarantee of the quality of items valid for a certain period of time, the specific term and other conditions of which are indicated in the descriptions of such Goods. The description of the specific Product is considered an integral part of these Rules.
10.4. The quality guarantee provided by the seller does not limit or constrain the rights of consumers, which are established for them by legal acts after purchasing a Product or service of inappropriate quality.
10.5. The Seller does not provide warranty service for the Goods, referring the Buyer to a warranty service center in each specific case.
10.6. In cases where, on the basis of legal acts, a certain expiration date is determined for specific Goods, the Seller undertakes to sell such Goods to the Buyer in such a way that he is given a real opportunity to use such Goods until the end of the expiration date.
10.7. In cases where the warranty period for the Product has not been established, in accordance with Article 10.3 of these Rules and when defects in the sold Product become apparent, the Seller is responsible for Product defects that become apparent within two years from the delivery of the Product. If it turns out that the sold Product is defective, the Buyer has the right to contact the Seller within the period specified in this Article in accordance with Article 12.2 of these Rules or resolve the dispute in accordance with the procedure provided for in Article 15.3.
11. GUARANTEE
11.1. If the product has a warranty, you will find such information in the product description. Legal entities are welcome to contact us and discuss the terms individually.
12. RETURNS AND EXCHANGES
12.1. Defects in the sold goods are eliminated, poor-quality goods are replaced, returned in accordance with the Civil Code of the Republic of Lithuania (hereinafter referred to as the Civil Code), Government of the Republic of Lithuania dated July 22, 2014. by resolution no. 738 of the approved Retail Trade Rules and the provisions of these Rules.
12.2. The buyer, who was sold a Product of inadequate quality or a Product with defects, has the right, at his option, during the warranty period (clauses 10.3 and 10.7):
12.2.1. require the Seller to remove the defects of the Product free of charge (repair the Product);
12.2.2. require the Seller to replace the defective Product with a good quality Product free of charge;
12.2.3. require the Seller to reduce the price accordingly;
12.2.4. demand a refund of the price paid.
12.3. In order to return the Product(s) in the cases specified in the Rule, the Buyer must contact the Seller and submit a free-form written request for the return of the Products.
12.4. When returning the Goods to the Buyer, in accordance with Clause 4.3 of these Rules, the following conditions must be observed:
12.4.1. the returned Product must be in its original, neat packaging (this clause does not apply in the case of a defective Product being returned);
12.4.2. The product must be undamaged by the Buyer;
12.4.3. The Product must be unused, without losing its commercial appearance (label intact, protective film not torn off, etc.) (this clause does not apply in the case of returning a defective Product);
12.4.4. the returned Product must be in the same configuration as the one received by the Buyer;
12.4.5. when returning the Product, it is necessary to present the purchase document and a written request for the return of the Product.
12.5. The Buyer can deliver the returned Goods himself to the specified address during business hours or send them using the courier services of his choice. In case the Product is returned based on 4.2. and 4.3. by law, the Buyer bears the costs of returning the Goods.
12.6. In all cases, money for returned Goods is transferred by payment order and only to the payer's bank account.
13. PROTECTION OF PERSONAL DATA
13.1. When submitting an Order to the Seller, the Buyer must provide personal data with which the Seller can identify the Buyer, deliver the Order, contact if additional information is needed or (with the customer's consent) use it for direct marketing purposes.
13.2. By submitting the Order, the Buyer agrees to send informational messages to the e-mail address and telephone number indicated by him, which are necessary for the fulfillment of the order for Goods.
13.3. The Buyer, who does not wish to have his email address or phone number used for direct marketing purposes, must notify the Seller.
13.4. The Seller confirms that the personal data specified by the Buyer will be processed only for the purposes of purchasing Goods from the Seller and direct marketing (except for cases where the Buyer notifies, in accordance with the procedure specified in clause 13.3 of the Rules, that he does not wish his personal data to be processed for the purposes of direct marketing). The Seller undertakes not to disclose the Buyer's personal data to third parties, with the exception of the Seller's partners providing the delivery of Goods or other services related to the proper fulfillment of the Buyer's order. In all other cases, the Buyer's personal data may be disclosed to third parties only in accordance with the procedure provided by the legislation of the Republic of Lithuania.
13.5. The personal data that the Buyer uses when making orders from his credit or debit accounts to the Seller in the banking systems are handled securely using SSL (Secure Socket Layer) certificates for secure communication. All responsibility for these personal data is borne by the banks used by the Buyer.
13.6. The buyer, as a data subject, has the right to receive information on how his personal data are processed, to correct, delete or object to their processing.
13.7. In order to provide the Buyer with full-fledged E. store options, the Seller records information - cookies, on the Buyer's computer (device). The Seller uses the recorded information as the Buyer's previous email address. for store visitor identification, saving information about purchases placed in the Buyer's shopping cart, collecting website traffic statistics. The Buyer has the opportunity to view what information (cookies) the Seller records and can delete part or all of the recorded cookies. The buyer also has the right not to consent to the recording and use of information (cookies) on his computer (device), but in this case certain e-mails store features may not be available to him. By accepting the Rules, the buyer agrees to the recording of information on his computer (device). The Buyer can revoke this consent at any time by changing the settings of his Internet browser or by contacting the Seller.
13.8. Any request or instruction related to the processing of personal data must be submitted by the Buyer to the Seller in writing. Upon receiving such a request or instruction from the Buyer, the Seller shall provide the Buyer with a written response within 30 (thirty) calendar days at the latest.
13.9. If the Buyer does not agree with the Personal Data Protection provisions specified in this section of the Rules, the Buyer loses the right to use E-mail. services provided by the store.
14. RESPONSIBILITY
14.1. The buyer is fully responsible for the correctness of the personal data provided by him. If the Buyer does not provide accurate personal data, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation from the Buyer for direct losses incurred.
14.2. The buyer is responsible for the actions performed using E-mail. in the store.
14.3. The Seller is released from any responsibility in cases where losses arise because the Buyer, regardless of the Seller's recommendations and his obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
14.4. If the Seller's Email the store contains links to the websites of other companies, institutions, organizations or individuals, the Seller is not responsible for the information or activities carried out there, does not supervise or control those websites and does not represent those companies and individuals.
14.5. The Seller is not responsible for the proper performance of mutual obligations between the Buyer and the Seller's partners, whose services the Buyer orders.
14.6. In the event of damage, the guilty party compensates the other party for direct losses.
15. FINAL PROVISIONS
15.1. These rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
15.2. Relations arising on the basis of these rules shall be governed by the law of the Republic of Lithuania.
15.3. All disagreements arising from the implementation of these rules shall be resolved by negotiation. In case of failure to reach an agreement, disputes are resolved according to the procedure established by the laws of the Republic of Lithuania, including but not limited to:
15.3.1. The buyer has the right to request/complain about E. Goods purchased in the store must be submitted to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402, Vilnius, e-mail: tarnyba@vvtat.lt, phone: 8 5 262 67 51, fax: 8 5 279 1466, on the website http:// www.vvtat.lt/, as well as for units of the State Consumer Rights Protection Service in counties);
15.3.2. The buyer has the right to resolve the dispute using the alternative electronic consumer dispute resolution platform (EGS), which is available on the website - https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng= LT. Contact center in Lithuania - State Consumer Rights Protection Service - http://www.vvtat.lt/;
15.3.3. The buyer has the right to apply to the court in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania.
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