General RULES OF PURCHASE-SALE OF GOODS ON THE WEBSITE Daviva.lt
1. GENERAL PROVISIONS OF THE RULES
1.1. These Rules establish the terms and conditions of the purchase and sale agreement concluded between the Seller and the Buyer and the procedure for execution when the Buyer purchases on the Seller's Website. The Buyer confirms these Rules by checking the box and reads them before creating the Buyer's account or without creating it before purchasing the Seller's goods. The approved Rules are a legal document binding the parties.
1.2. These Rules set out the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for the goods, the procedure of delivery and return of the goods and other conditions related to the purchase and sale of goods on the Website.
· "Buyer" – means a Consumer who is a capable natural person, i.e. a person who has reached the age of majority, whose capacity is not restricted by a court order; or a minor between the ages of fourteen and eighteen, who has the consent of his or her parents or caregivers, unless he or she is emancipated; or a legal person that purchases goods for the purposes of its business, trade, craft or profession.
· "Consumer" – means a natural person who concludes or seeks to conclude a contract which is not related to a person's business, trade, craft or profession. The consumer buys goods or services only to meet his personal, family and household needs.
· "Seller" – Daviva, UAB, legal entity code 302600185, registered address at: R. Kalantos str. 49, LT-52303 Kaunas, Lithuania, e-mail: firstname.lastname@example.org, a legal entity that is responsible for the execution of the Buyer's order for goods purchased in accordance with these Rules.
· “Website” – a website owned and operated by the Seller at www.daviva.lt, where the Buyer's orders are submitted and executed.
· “Rules” – means these rules, which apply to every purchase of the Buyer on the Website and to each purchase-sale agreement concluded between the Seller and the Buyer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Buyer has the following rights when shopping on the Seller's Website:
3.1.1. to obtain, in accordance with the procedure established by legal acts, the necessary, correct, complete and non-misleading information regarding the goods for sale in accordance with the procedure established by legal acts;
3.1.2. to demand from the Seller to replace the product, to reduce the price of the product, to eliminate the defects of the product free of charge (to repair the product) in accordance with the procedure provided for in these Rules;
3.1.3. if the Buyer is a Consumer – apply to the institutions or court established by the Law on Consumer Protection of the Republic of Lithuania, and if the legal entity – only to the court, if the Seller fails to comply with the Buyer’s legitimate demands to return the purchased goods, eliminate their deficiencies, reduce the price, change them and / or provide information.
3.2. The Buyer must pay for the ordered goods and accept them in accordance with the procedure and terms set by the Seller in these Rules and the Website. Under the conditions and in accordance with the procedure provided for in the Rules, the Seller undertakes to present the goods ordered by the Buyer and to accept the returned goods.
3.3. The Seller undertakes to execute the Buyer's orders in accordance with the procedure established in these Rules and to communicate with the Buyer only in the ways provided on the Website – the Buyer's e-mail or telephone. The parties agree that any other communication regarding the execution of the order, which is not made in the ways discussed above (not by the Buyer's e-mail or telephone), is not binding on the parties.
3.4. The Buyer is prohibited from copying, using, distributing, reproducing the information on the Website or its content without the written consent of the Seller. The content, product descriptions and layout of this Website, including photographs, video material and texts, are protected by copyright and are the intellectual property of the Seller. Images, video material, texts and any other textual or visual information may be used only with the express written consent of the Seller.
4. ORDERING GOODS ON THE INTERNET
4.1. The Buyer can order the goods: new or used car parts on the Website by registering and creating an account or without registration.
4.2. When the Buyer pays for the goods selected by him with the Seller, it is considered that a sale and purchase agreement has been concluded between the Seller and the Buyer.
5. PRICE OF GOODS AND PAYMENT PROCEDURE
5.1. The Buyer can pay for the ordered goods in one of the ways provided on the Website next to the respective order. The prices of the goods on the Website are indicated in euros, including the amount of VAT applicable at that time and other taxes.
5.2. When the Seller receives a payment for the goods, the order of the goods is confirmed. The order confirmation document is a VAT invoice, which is also a guarantee document applicable to the goods. The VAT invoice may be submitted to the Buyer physically together with the goods or electronically to the e-mail address specified by the Buyer immediately after the execution of the order.
6. DELIVERY OF GOODS
6.1. The Buyer can choose one of the delivery methods specified on the Website. The delivery price depends on the delivery method chosen by the Buyer.
6.2. The Buyer can accept the ordered goods himself by presenting a valid identity document (identity card, passport or driving license) or another person specified at the time of ordering, who presents his/her identity document to the representative of the company delivering them.
6.3. By way of delivery of goods by courier, the Buyer must sign the delivery-acceptance document of the consignment. When the buyer signs the delivery-acceptance document of the consignment, it is considered that the goods have been delivered. The risk of accidental loss of or damage to the goods passes to the Buyer from the moment the goods are handed over to the Buyer.
6.4. The Seller delivers the goods to the Buyer in accordance with the terms specified in the order confirmation. In exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and notify about the changed delivery terms. If the Seller does not deliver the goods within the additional term agreed by the parties, the Buyer has the right to withdraw from the contract of sale of goods and demand a refund of the full amount paid.
6.5. The Seller is released from liability for violation of the terms of delivery of goods if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties unrelated and/or independent of the Seller or due to circumstances beyond the Buyer's control.
6.6. If the Buyer does not collect the goods within the set deadline or it is not possible to deliver them to the Buyer, and the Buyer has paid for the goods and their delivery, the goods are returned to the Seller, the contract of sale is terminated and the Buyer is refunded, after deducting the bank fees applicable to the Seller and the delivery fee. If the Buyer does not take back the goods within the set deadline or it is not possible to deliver them to the Buyer, and the Buyer has not paid for the goods, such goods are returned to the Seller and the contract of sale of goods is terminated.
7. RIGHT TO WITHDRAW THE PURCHASE-SALE AGREEMENT
7.1. The Buyer has the right to withdraw from the online distance purchase agreement within 14 (fourteen) days, without giving a reason and without incurring costs other than those specified in these Rules, except for the exceptions provided for in Clause 7.2 of this part.
7.2. The buyer's right to withdraw from the distance contract does not apply, unless the Seller agrees, to:
7.2.1. used car parts;
7.2.2. when the Buyer has ordered the goods according to the Buyer's special instructions, which are not pre-manufactured and which are manufactured taking into account the Buyer's personal choice or instruction;
7.2.3. legal persons.
7.3. The Buyer can withdraw from the contract and return the goods by logging in to his/her account on the Website. If the Buyer does not have an account on the Website, he/she must create one and enter the order number of the goods.
7.4. The Buyer has the right to withdraw the contract and return the goods to the address specified by the Seller, if the goods have not been damaged or their appearance have not changed significantly, and it has not been used – all returned goods must be with authentic labels, protective bags and original packaging. The Buyer must inspect the goods only as it could be done directly at the point of sale. The used quality goods can be returned only with the goodwill of the Seller.
7.5. When returning the goods, the Buyer must properly pack the goods so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer in an improperly packaged manner with an incorrect indication, as well as if the parcels were lost or damaged at the time of return to the Seller.
7.6. The Seller must return all amounts paid by the Buyer to the Buyer immediately and no later than within 14 (fourteen) working days from the date of receipt of the goods returned by the Buyer. In cases when the Buyer returns good quality goods, the delivery costs of the goods are not refunded. When returning all amounts paid to the Buyer, the Seller must use the same method of payment as the Buyer used to pay the Seller, unless the Buyer has expressly agreed to a different method and the Buyer does not incur any other additional costs.
7.7. The Seller does not refund the amounts paid by the Buyer until the goods have been returned to the Seller.
7.8. The withdrawal period expires after 14 (fourteen) days from the date on which the Buyer or the person specified by the Buyer in the order, except for the carrier, receives the ordered goods or:
7.8.1. if the Buyer has ordered more than one product in one order and the goods are delivered separately, – from the day when the Buyer or the person specified by the Buyer, except for the carrier, receives the last product;
7.8.2. if the goods are delivered in different lots or parts, from the date on which the Buyer or the person specified by the Buyer, except for the carrier, receives the last lot or part;
7.8.3. if a contract is concluded for the regular delivery of goods within a specified period, from the date on which the Buyer or a person specified by the Buyer, other than the carrier, receives the first goods.
7.9. The burden of proof that the requirements of this paragraph for withdrawal have been met rests with the Buyer. When the Buyer exercises the right to withdraw from the contract, the obligations of the parties under the contract shall end.
7.10. The Seller shall refund to the Buyer the price paid by the Buyer for the goods. Delivery costs paid by the Buyer are refunded only in cases when defective goods are returned. The Seller is not obliged to reimburse the Buyer for the additional costs incurred due to the fact that the Buyer has clearly chosen an alternative to the cheapest usual delivery method offered by the Seller. When the Buyer returns good quality goods, the delivery costs are not reimbursed.
8. PROCEDURE FOR EXCHANGE OF GOODS
8.1. The Buyer has the right to replace the purchased items with similar items of different dimensions, shape, colour, model or completeness within 14 (fourteen) days from the date of delivery of the goods. If there is a price difference when exchanging products, the Buyer must pay the Seller according to the recalculated prices. The right to change the purchased product in accordance with the procedure established in this part is granted only if the Buyer is a Consumer.
8.2. The Buyer can exchange and return the goods under the same procedure as it is indicated in the part 7.3 of these Rules.
8.3. The Buyer has the right to return the product if the product has not been damaged or its appearance has not changed significantly, nor has it been used – all returned goods must have authentic labels, protective bags and original packaging.
8.4. When returning exchanged goods, the Buyer must properly pack the goods so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer in an improperly packaged manner with an incorrect indication, as well as if the parcels were lost or damaged at the time of return to the Seller.
8.5. If the Seller does not have goods suitable for replacement, then the Buyer in accordance with the order specified in 8.2 hereof has the right to return the goods to the Seller within 14 (fourteen) days from the date of delivery of the goods and recover the price paid for them. The Seller must return to the Buyer the price paid by the latter immediately, but not later than within 14 (fourteen) working days from the date of returning the item to the Seller.
8.6. When exchanging the goods in the manner established in this part, the Buyer shall bear all costs of delivery and return of the goods. If the Seller cannot satisfy the Buyer’s request to exchange the goods, the Seller shall refund to the Buyer the price paid by the Buyer for the goods.
9. QUALITY OF THE PRODUCT AND THE RIGHTS OF THE BUYER WHEN THE purchased PRODUCT IS OF poor QUALITY
9.1. The characteristics of the product comply with the contract and are of good quality, if:
9.1.1. the product corresponds to the description provided by the Seller and has the same properties as the product provided by the Seller as a sample or model;
9.1.2. the product is suitable for the use for which this type of product is normally used;
9.1.3. the product is suitable for use for a specific purpose, which the Buyer has notified to the Seller at the time of concluding the contract and with which the Seller has agreed;
9.1.4. the product complies with the quality indicators that are usually characteristic of items of the same type and which the Buyer can reasonably expect based on the nature of the product and public statements made by the product manufacturer, its representative or the Seller, including advertising and product labelling.
9.2. The photos of the goods on the Website are for illustrative purposes only and are examples. The colours, inscriptions, parameters, dimensions, sizes, functions, and/or any other properties of the original products may look different from reality due to their visual features, therefore the Buyer must follow the properties of the goods specified in the product descriptions.
9.3. The Buyer, to whom the goods of poor quality have been sold, has the right to choose one of the possible remedies within a reasonable time, but not later than within 2 years from the date of delivery of the goods:
9.3.1. to request the Seller to eliminate the defects of the product free of charge (to repair the product);
9.3.2. to request the Seller to replace the product of the poor quality with the product of the good quality free of charge;
9.3.3. to request the Seller to reduce the price accordingly;
9.3.4. to unilaterally terminate the contract and demand a refund of the price paid.
9.4. The Buyer does not have a right to terminate the contract if the defect of the product is insignificant.
9.5. When returning the goods, the Buyer must properly pack the goods so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer in an improperly packaged manner with an incorrect indication, as well as if the parcels were lost or damaged at the time of return to the Seller.
9.6. Goods that have been intentionally or negligently damaged (exposed to chemicals, water, open flames, high temperatures, sharp objects, etc.), or if the rules for using or storing the goods have been violated, or the goods have been misused or misused, are non-refundable.
9.7. The Buyer can return the goods of poor quality under the same procedure as it is indicated in the part 7.3 of these Rules.
9.8. If the Seller acknowledges that the goods sold to the Buyer were of poor quality, the Seller shall refund the price paid by the Buyer for the goods no later than within 14 (fourteen) working days from the date of receipt of the goods. The Seller also reimburses the Buyer for the cost of returning the goods of poor quality.
9.9. If the Seller decides that the goods sold to the Buyer were of good quality the defect of the product is insignificant, or the product has become of bad quality due to the actions of the Buyer specified in the part 9.5 hereof, and does not satisfy the Buyer's request, the Seller shall return the goods to the Buyer without refunding the amount paid by the Buyer and without reimbursing the cost of returning the goods. In this case, the delivery costs are paid by the Buyer.
9.10. When an item of poor quality is replaced by another analogous one that differs in dimensions, model, type or other features, the Buyer must reimburse the difference between the contract price and the price of the new item in force at the time of replacement. In this case, the Seller also reimburses the Buyer for the cost of returning the goods of poor quality.
9.11. The provisions of this chapter do not apply when the goods are used car parts.
10. CHANGES TO THE RULES
10.1. The Seller may change these Rules at its own discretion. The Seller recommends the Buyer to visit the Website regularly to find the latest version of the Rules.
10.2. The Seller may notify the Buyer of material changes in the Rules according to the contact information provided by the Buyer. Seller may also take additional actions to the extent required by applicable laws. Whether the changes are considered to be material is determined solely by the Seller. These changes take effect from the specified "last updated" date. Continued use of the Website after the changes have been made means that the Buyer agrees to such changes.
11. FINAL PROVISIONS
11.1. Communication between the parties takes place by means provided on the Website, e-mail or telephone. In all cases, the Buyer is responsible for providing a valid e-mail address to the Seller.
11.2. By creating an account on the Website, the Buyer is responsible for the keeping and/or transfer of his login data to third parties.
11.3. These Rules have been prepared in accordance with the legal acts of the Republic of Lithuania and the law of the Republic of Lithuania shall apply to the relations arising from them.
11.4. The relations arising between the parties regarding the implementation of these Rules shall be settled through negotiations. If an amicable agreement cannot be reached within 30 (thirty) days, disputes shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.
11.5. In case the Buyer does not agree with the Seller's response to the Buyer's written claim, the Buyer (the Consumer) may submit his/her request or complaint regarding the goods purchased from the Seller to the State Consumer Rights Protection Authority (Vilniaus St. 25, 01402 Vilnius, e-mail email@example.com, phone 85 262 67 51, website www.vvtat.lt - or fill in the application form on the ODR platform https://ec.europa.eu/odr/ (in cases when the Buyer is the Consumer).