Terms and Conditions

RULES FOR PURCHASE AND SALE OF GOODS FROM E-SHOP v20201210

GENERAL PROVISIONS

1.1. These rules for purchase and sale of goods in the e-shop (hereinafter referred to as “the Rules”) are a binding document on the parties, which sets out the obligations and rights of the Buyer and the Seller, the terms and conditions of purchase of goods and payment procedure, goods delivery and return procedure, liability of the parties and other related conditions.
1.2. E-shop is an online shop that can be accessed at the web address shop.elmemetall.lt
1.3. The Seller is ELME Metall Lithuania, UAB, registered office address Granito Str. 10, LT-02241 Vilnius, Legal Entity Reg. No. 300142700, phone + 370 5 264 44 41, e-mail info@elmemetall.lt.
1.4. A buyer is a person purchasing goods or services from the e-shop or using the e-shop. A private customer is a natural person aged 18 and over, who intends to purchase goods or services from the e-shop to meet personal, family or household needs for the purposes not related to the business or profession. A business customer is a natural or legal person who intends to purchase goods or services from the e-shop for business or professional purposes.
1.5.The Seller has the right to change, amend or supplement the Rules at any time and to publish such amended or supplemented rules on this website.
1.6. The standard terms and conditions of the sale of goods of Elme Metall Lithuania (hereinafter referred to as “the Standard Terms”) apply together with these Rules, but the Standard Terms and Conditions apply to the Seller’s relations with private customers insofar as they do not contradict the laws of the Republic of Lithuania. With regard to the Seller’s relationship with business customers, the Standard Terms and Conditions shall in all cases take precedence over the Rules.

THE PRICE OF THE GOODS

2.1 The prices of the goods sold in the e-shop are indicated next to the products in the shopping cart. If a customer wishes to order product delivery service, a delivery charge will be added to the price of the product.
2.2 The price of the delivery of the goods depends on the place of the Buyer and the delivery method. The price of delivery shall be shown to the Buyer when placing the order.
2.3 Information about the product is provided in the online store right next to the product.
2.4 Payment for the goods shall be made in advance by bank transfer to the Seller’s bank account. The Buyer can transfer money from any branch of the bank or through his online banking system for private or business customers. When making a payment, the Buyer shall indicate the order number or the pro-forma invoice number in the bank payment order.
2.5 All payments for the goods shall be made in euro (EUR).

PLACEMENT OF AN ORDER

3.1 In order to place an order, the buyer shall add the product to the cart, fill in the required data fields and select the appropriate method of delivery of the goods. The total amount to be paid by the Buyer shall be shown on the screen prior to the confirmation of the order by the Buyer.
3.2 The sale and purchase agreement between the Buyer and the Seller shall be considered to have been concluded from the moment when the amount payable by the Buyer for the Goods and delivery thereof is credited into the Seller’s bank account and the Seller confirms the Buyer’s order by sending order information and confirmation message (by e-mail and/or by phone).
3.3 The Seller reserves the right to terminate the sale and purchase agreement unilaterally or not to perform this agreement and refund the money paid by the Buyer (in case the money has already been paid) to the Buyer, if the Seller cannot deliver the ordered goods because they are unavailable or due to other reasons, also in case the price of the description of the Goods was specified incorrectly due to a technical error. The Seller shall notify the Buyer as soon as possible of the unilateral termination or non-performance of the sale and purchase agreement. In this case, the money paid by the Buyer shall be refunded to the Buyer immediately, but not later than within 14 days.

DELIVERY OF THE GOODS

4.1 Products purchased in the e-shop are delivered in the entire territory of Lithuania.
4.2 All the delivery expenses shall be borne by the Buyer. Information about the delivery prices is provided next to the delivery method.
4.3 The Seller shall deliver the goods to the private customer no later than within 30 days from the conclusion of the sale and purchase agreement. The Buyer and the Seller may agree on other term of delivery of the goods.
4.4 The Seller shall make every endeavour to deliver the goods as soon as possible.
4.5 4.5. If the Buyer wishes to have the goods delivered outside the territory of Lithuania, he shall contact the Seller by e-mail sales@elmemetall.lt

THE RIGHT TO MAKE A PAYMENT AFTER CONCLUSION OF THE SALE AND PURCHASE AGREEMENT

5.1 A private customer has the right to return to the Seller the goods ordered or purchased in the e-shop by withdrawal from the concluded sale and purchase agreement. In order to exercise this right, the Buyer shall give a notice to the Seller by e-mail sales@elmemetall.lt about the withdrawal from the sale and purchase agreement no later than within 14 (fourteen) days from the day of delivery of the goods to the Buyer (private customer). The private customer shall send and/or deliver the goods returned to the Seller within 14 (fourteen) days from the moment of sending of the notice of withdrawal from the sale and purchase agreement.
5.2 A private customer’s right to withdraw from the sale and purchase agreement shall not apply to the following agreements:
5.2.1. service agreements under which the services have been fully provided to the customer, if before the provision of the services the customer has given his express consent and acknowledged that he would lose the right to withdraw from the agreement from the moment the Seller performed the obligations under the agreement in full;
5.2.2. agreements, the price of the goods or services sold under which is subject to financial market fluctuations during the withdrawal from the agreement period established in Clause 5.1;
5.2.3. agreements for goods made according to special instructions of the customer, which are not prefabricated and are produced according to the customer’s personal choice or instruction, or for goods that are clearly tailored to the customer’s personal needs (for example, metal products cut according to the Buyer’s instructions or submitted technical drawings);
5.2.4. agreements for goods which are inseparably mixed with other goods after delivery because of the type or nature;
5.2.5. other agreements set out in Article 6.22810(2) of the Civil Code of the Republic of Lithuania.
5.3 The returned high-quality goods shall be unused, undamaged, of good commercial appearance (original labels have not been removed and damaged, protective films have not been removed, etc.), in good original condition and unaltered. The Seller has the right to refuse to accept the goods returned by the Buyer if the Buyer does not comply with the procedure for returning the goods set forth in this clause.
5.4 The goods may be returned (transferred) to the Seller by courier or in another manner agreed with the Seller.
5.5 If the Buyer withdraws from the sale and purchase agreement, the money paid shall be refunded to the Buyer within 14 (fourteen) days from the date of receipt of the notice on withdrawal and returning of the goods to the Seller by transferring the money to the bank account from which a payment for the order was made.
5.6 If the Buyer returns high-quality goods, all the expenses incurred for the returning of the goods shall be borne by the Buyer. Also, the Seller shall not reimburse the Buyer for any additional costs incurred because the Buyer has chosen an alternative to the cheapest usual delivery method offered by the Seller.
5.7 Buyers, who are legal entities or natural persons – entrepreneurs (business customers), do not have the right to withdraw from the sale and purchase agreement within 14 (fourteen) calendar days without giving a reason for such withdrawal. Thus, the said Buyers cannot return high-quality goods and goods that are compliant with the order and cannot have them replaced.

QUALITY OF GOODS AND GUARANTEE

6.1 In cases where the Seller does not provide a guarantee for the quality of goods for certain types of items, the guarantee provided for by the relevant legal acts shall apply.
6.2 A private customer, who has purchased poor quality goods and who is willing to exercise his rights provided for in the Clauses 6.3.1 and 6.3.2 of these Rules, shall sales@elmemetall.lt or by phone: +370 614 50876
6.3 If a private customer purchased poor quality goods, i.e., the quality of the goods is considered to be poor because the goods do not meet the terms and conditions of the sale and purchase agreement, the Buyer has a right to return the goods and, at his own discretion, ask:
6.3.1. to replace the defective goods with high-quality goods;
6.3.2. to terminate the agreement unilaterally and to claim for a refund of the price paid for the goods;
6.3.3. The Buyer has no right to terminate the agreement, if goods have minor/insignificant defects (for instance, the packaging is scratched, etc.).
6.4 The defects of the goods sold shall be removed, low-quality goods shall be replaced or returned in accordance with the requirements of legal acts of the Republic of Lithuania.

PROTECTION OF PERSAONAL DATA

7.1 For the purposes of administration of the e-shop, conclusion and performance of the sale and purchase agreement with the Buyer, provision of the services, the Seller shall process the following personal data of a Buyer: name, surname, name and surname of a person, who will accept/pick up the goods, e-mail address and telephone number, the address to which the goods will be delivered, the history of purchases and Orders and other personal data provided by the Buyer when visiting the e-shop.

SETTLEMENT OF DISPUTE

8.1 If the Buyer has any complaints related to the e-shop, he has the right to contact the Seller by e-mail sales@elmemetall.lt or by phone: +370 614 50876.
8.2 Any disputes arising from this agreement between the Buyer and Seller shall be resolved by means of negotiations. If the parties fail to resolve a dispute by means of negotiations within 15 (fifteen) days, the disputes shall be finally resolved according to and in a manner provided for in the laws of the Republic of Lithuania.
8.3 A private customer may submit a request and/or a complaint regarding the goods or services purchased at the e-shop with the State Consumer Rights Protection Authority (Vilniaus Str. 25, 01402 Vilnius, by phone 8 5 262 67 51, by fax 8 5 279 1466, by e-mail tarnyba@vvtat.lt, on the website of the Authority www.vvtat.lt, to the territorial units of the Authority in the regions) or by completing an application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. This condition shall not apply to business customers.