1.1. “Agreement” means an agreement for the sale and purchase of the Goods between the Buyer and the Seller.
1.2. “Buyer” means a natural or legal person who purchases Goods on the Online Store or by entering into an Agreement.
1.3. “Consumer“ means the Buyer who is natural person and who purchases Goods for purposes unrelated to his or her business, trade, craft or profession (consumer purposes).
1.4. “General Terms” means these General Terms, which apply to each of the Buyer's purchases on the Online Shop or to the Agreement, if specified in the Agreement.
1.5. “Goods” means any Goods available for purchase on the Online Shop or the Goods specified in the Agreement.Characteristics of the Goods are set out in the descriptions of the Goods on the Online Shop and/or in the Agreement, in the annexes to the Agreement.
1.6. “Online Store” means online store accessible at the address http://www.spaeurope.eu/ .
1.7. “Parties” means the Buyer and the Seller together.
1.8. “Party” means the Buyer or the Seller.
1.9. “Seller“ means UAB Spa Europe, Lithuanian company with registered address Pagrindinė str. 1A, Varputėnai v., Kuršėnai, LT-80242 Šiaulių d., Republic of Lithuania, legal entity code 305568675, Corporate VAT Number LT100013343317.
Contact details: E-mail firstname.lastname@example.org; phone +37060443966 .
2.1. These General Terms shall be considered a legally binding agreement which is concluded between the Buyer and the Seller when: i) the Buyer purchases the Goods on the Online Store, or; ii) the Agreement is concluded between the Buyer and the Seller.
2.2. The Buyer accepts these General Terms by reading them and ticking the box next to the statement "I have read and accept General Terms" or by entering into the Agreement that expressly refers to these General Terms.
2.3. General Terms so approved shall constitute a binding legal document for the Parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of and payment for the Goods, the refund procedure, the liability of the Parties and any other relevant terms. Deviations from these General Terms shall be valid only if such deviations are expressly approved in writing by the Parties in the Agreement or other agreement.
2.4. If the Buyer does not agree to these General Terms, the Buyer must not use the Online Store, purchase the Goods, or enter into the Agreement.
2.5. These General Terms (including the Agreement, if any, and any other agreements) constitute the entire agreement between the Seller and the Buyer.
2.6. By placing an order on the Online Store, the Buyer confirms that he/she has the right to buy Goods on the Online Store.
2.7. By entering into an Agreement, the Buyer confirms that he/she has the right to enter into an Agreement.
3. RIGHS AND OBLIGATIONS OF THE BUYER
3.1. The Buyer undertakes to pay for and to accept the Goods purchased according to a procedure set out in these General Terms. If the Buyer refuses to accept the Goods at delivery, without a valid reason, the Buyer shall pay the Goods return costs at the Seller ‘s request. The Buyer shall also pay the costs claimed by the courier if the Buyer fails to accept the Goods at the time agreed with the courier.
3.2. The Buyer is responsible for ensuring that the Buyer’s data provided on the Online Store or in the Agreement are accurate, correct, and complete. In the event of change in such data, the Buyer shall inform the Seller about the change via email. The Seller shall not assume liability, in any circumstances, for any damage incurred by the Buyer and/or third parties due to the Buyer’s failure to provide current and/or complete personal data or to update/supplement data in the case of their change. If the Buyer has provided personal data of third parties for the purpose of using the Online Store, the Buyer shall assume responsibility for the lawfulness of the provision and use of such data.
3.3. The Buyer undertakes to read and become familiar with all documents accompanying the Goods, such as User manual or other.
3.4. The Buyer undertakes to ensure unimpeded access to the place of delivery of the Goods.
3.5. The Buyer undertakes to inform the Seller promptly in writing of any material circumstances which may adversely affect the ability of the Buyer to perform its obligations under these General Terms or under the Agreement.
3.6. The Buyer undertakes:
3.6.1. to use the Online Store in good faith;
3.6.2. not to use the Online Store for any purpose which is illegal or prohibited by applicable legal acts;
3.6.3. to use the Online Store in accordance with these General Terms and applicable legal acts;
3.6.4. not to infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to the Seller or are licensed to the Seller or to third parties;
3.6.5. not to take any actions aimed at misappropriating information or data belonging to the Seller or affecting the operation and technical functionalities on the Online Store.
3.7. The Buyer shall have the other rights and obligations provided for in these General Terms and/or the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller undertakes to sell and to transfer the Goods under the terms and conditions established in these General Terms and/or in the Agreement to the Buyer’s ownership.
4.2. The Seller shall be entitled to receive payment for the Goods in accordance with the procedure set out in these General Terms and/or in the Agreement.
4.3. The Seller undertakes to fulfil the Buyer's orders in accordance with these General Terms, the provisions of the Agreement and applicable law.
4.4. The Seller undertakes to provide the Buyer with Goods that are of suitable quality, completeness and in appropriate and safe packaging. The Seller provides guarantee of quality of Goods. The guarantee period is specified in the description of the Goods on the Online Store and/or in this General Terms and/or in the Agreement. Guarantee care shall commence from the date of delivery of the Goods to the Buyer.
4.6. The Seller shall deliver the Goods in accordance with these General Terms and/or with the Agreement.
4.7. The Seller shall reserve the right to remove, at any time, any Goods from the Online Store and to change any information on the Online Store or to remove it. The Seller shall make every effort to fulfil all the orders of the Buyer, however, exceptional situations may occur when the order must be cancelled after sending an order confirmation, and the Seller shall reserve the right to cancel it at any time.
4.8. If the Buyer uses the Online Store in violation of these General Terms, attempts to cause damage to the stability and security of its operation, or violates the laws of the Republic of Lithuania otherwise, the Seller shall have the right to restrict the Buyer’s use of the Online Store. In any case, the Seller shall not be liable for any losses or damages arising from an attack against information systems, virus or other software, malware etc. that can affect computers of individuals using the Online Store, IT equipment, data, or materials because of use of or downloading of content from the Online Store or websites to which links are provided thereon. Where the Online Store contains links to other websites and third-party information, such links are provided for information only, and the Seller shall not control such websites irrespective of their content and information provided thereon. Therefore, the Seller shall assume no liability for any losses or damages arising from their use.
4.9. The Seller undertakes to comply with the other obligations set out in these General Terms and by law.
4.10. If the Buyer fails to perform or improperly performs both its financial and other obligations, the Seller shall have the right to suspend performance of its obligations during that period.
4.11. The Seller undertakes to inform the Buyer promptly in writing of any material circumstances which may adversely affect the ability of the Seller to perform its obligations under the Agreement.
5.1. The order for the Goods may be placed by purchasing the Goods on the Online Store and/or by entering into an Agreement.
5.2. A confirmation of the order shall be sent to the Buyer to the email address specified when ordering the Goods, when the Buyer purchases the Goods on the Online Store.
5.3. Unless otherwise provided in the Agreement, an order shall not be executed until payment for the Goods has been received.
6. PRICES AND PAYMENT
6.1. The price of the Goods specified on the Online Store of placing the order shall be final and binding on both the Buyer and the Seller. Prices of the Goods specified on the Online Shop shall be subject to change at any time, however, these changes shall not affect orders for which the Seller has sent order confirmations.
6.2. The cost of delivery of the Goods shall be borne by the Buyer. The cost of delivery of the Goods depends on the place of delivery and is indicated to the Buyer when the Goods are placed in the cart.
6.3. When the Buyer and the Seller enter into an Agreement, the price of the Goods and the cost of delivery are specified in the Agreement.
6.4. When the Buyer purchase the Goods on the Online Store:
6.4.1. once the Buyer have selected the Goods on the Online Store, and have completed all the steps of the order, the last of which is the selection and confirmation of the payment method, a legal relationship of sale and purchase shall be deemed to have been established. The Buyer shall be informed of the confirmation of payment at the email address provided by the Buyer;
6.4.2. payment for the Goods shall be made directly by a payment card (Visa, Mastercard, Maestro) or e-banking. The Seller also accepts payment through Paypal and Bitcoin as a payment.
6.4.3. the Buyer shall pay for the Goods immediately;
6.4.4. The VAT invoice shall be provided to the Buyer in electronic form.
6.5. When the Buyer and the Seller conclude the Agreement:
6.5.1. payments by the Buyer shall be made according to VAT invoices submitted by the Seller to Buyer’s e-mail address indicated in the Agreement;
6.5.2. The VAT invoices shall be settled by the Buyer within 3 (three) calendar days from the provision of it to the Buyer. Parties can agree on different payment terms in the Agreement.
6.6. All Buyer’s payments shall be made in euros inclusive of VAT, and in case there is a conversion fee, the Buyer shall pay the full contractually agreed amount and cover all additional conversion expenses.
6.7. The Buyer shall be deemed to have paid for the Goods when the relevant amount (the price of the Goods) is reckoned into the respective Seller's bank account.
7. DELIVERY OF THE GOODS
7.1. Goods can be delivered to any country in Europe and any other country in the world, if possible.
7.2. When ordering Goods on the Online Store or when concluding the Agreement, the Buyer must provide all the information necessary for the proper delivery of the Goods.
7.3. The Seller shall deliver the Goods to the Buyer in accordance with the terms specified in the descriptions of the Goods on the Online Store or in the Agreement. By accepting these General Terms, the Buyer agrees that in exceptional cases the delivery of the Goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In such event, the Seller undertakes to contact the Buyer immediately to agree the terms and conditions of delivery.
7.4. If the Buyer is unable to collect the Goods himself/herself and the Goods have been delivered to the specified address according to other details provided by the Buyer, the Buyer shall not be entitled to claim that the goods have been delivered to a wrong recipient.
7.5. On receipt of the Goods the Buyer shall check the condition of the packaging (check external packaging for damage) and sign the order transfer and acceptance document. Upon signature of the order transfer and acceptance document by the Buyer it shall be deemed that the order has been delivered in a proper condition.
7.6. The Buyer must check the quality of the packaging of Goods delivered in the presence of the courier or an employee of the Seller. If the packaging is found to be defective, the Buyer shall:
7.6.1. inform the courier or Seller's employee who delivered the Goods;
7.6.2. note this on the order transfer and acceptance document;
7.6.3. inspect the Goods inside the packaging and, if damaged, take photographs of the damage (or film the damage). The photographs (or video footage) will be needed for the return procedure;
7.6.4. if the packaging of the consignment is intact, the Goods do not need to be inspected in the presence of the courier or an employee of the Seller.
7.7. The risk of accidental loss or damage to the goods shall pass to the Buyer from the moment the Goods are handed over to the Buyer.
7.8. The Buyer shall not acquire title to the Goods until full payment for the Goods has been made and shall not be entitled to transfer the Goods to third parties or otherwise encumber them without the Seller's written consent.
8. GOODS QUALITY GUARANTEE
8.1. The Seller warrants that the Goods are of satisfactory quality, i.e., that the characteristics of the Goods correspond to the description of the Goods.
8.2. Pictures of Goods on the Online Store are for illustrative purposes only, original Goods may differ from those shown. The pictures referred to cannot be used as a basis for claims. A Good is good quality if it corresponds to the sample, model and description provided on the Online Store and/or in the Agreement.
8.3. If the delivered Goods do not meet the quality requirements, the Buyer may contact the Seller in accordance with the procedure set out in these General Terms.
8.4. Potentially defective Goods shall first be submitted to the Seller's after-sales service, and only if the Goods are found to be defective may the Buyer's request for defective Goods be fulfilled.
8.5. If the Goods are found to be of satisfactory quality, the cost of sending the Goods to the after-sales service center and returning the Goods to the Buyer shall be borne by the Buyer.
8.6. The Goods shall be sent to after-sales service centers, which may be in other European Union countries. In such cases, the process of guarantee servicing the Goods shall take between 14 and 70 (fourteen and seventy) calendar days depending on the nature of the Goods, but in all cases the Seller shall endeavor to keep the process as short as possible.
8.7. The quality guarantee of the Goods shall only be valid if the conditions of use of the Goods have not been violated. Before using the Goods, the Buyer must carefully read the instructions for use of the Goods (User Manual), if any, enclosed with the Goods.
8.8. The Seller shall not be liable for defects in the Goods if such defects arise after the Goods have been handed over to the Buyer because of the Buyer's violation of the rules of storage of the Goods or because of the fault of a third party or of a force majeure event.
8.9. The Seller's guarantee of quality does not limit or restrict the rights of the Buyer (consumer) under the law in the event of the purchase of goods of inadequate quality. Disputes concerning the quality of the goods, returns and other conditions of sale shall be settled in accordance with the procedure laid down in these General Terms and in accordance with the legislation of the Republic of Lithuania.
9. LEGAL RIGHT OF WITHDRAWAL
9.1. The Buyer who makes a purchase on the Online Store as a Consumer or enter into an Agreement as the Consumer has the right to withdraw from the contract or the Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which the Goods have been delivered to the Buyer.
9.2. To exercise the right of withdrawal the Buyer must notify the Seller of the return of the Goods. The Buyer may use the model withdrawal form provided in these General Terms, but it is not obligatory. For the purpose of complying with the withdrawal period, it shall be sufficient to send the Buyer a notice of the Buyer's exercise of the right of withdrawal before the expiry of the withdrawal period.
9.3. Should the Buyer decide to exercise his/her right to cancel the sale and purchase contract or the Agreement, the Seller shall, within 14 calendar days after the date of receipt of the Buyer’s notice of cancellation, refund to the Buyer the full amount received including the goods transportation charge but excluding any additional costs arising from the Buyer ‘s selection of a method of delivery other than the usual cheapest delivery method offered by the Seller. If only part of the Goods is returned, the delivery costs shall be refunded only if the remaining Goods of the same order, when purchased alone, would have been subject to a rate lower than the rate applied when the Goods were purchased together with the returned Goods, and only to the extent of the difference in the said rates.
9.4. The refund shall be made by the same method which was used by the Buyer to pay for the Goods, by refunding money to the Buyer’s bank account from which the payment for the Goods was made. The Seller shall not assume liability for a failure to pay the refund or a delay in payment for the returned Goods if the Buyer has provided incorrect details required for the refund. The Buyer shall immediately, but no later than within 14 days after the day when the Buyer submitted to the Seller his/her request of cancellation, send the Goods back. Goods must be returned to the address Pagrindinė str. 1A, Varputėnai v., Kuršėnai, LT-80242 Šiaulių d., Republic of Lithuania.
9.5. The Seller withholds the reimbursement until the Seller has received the Goods back, or until the Buyer has supplied the evidence of having sent back the Goods, whichever the earliest. The Buyer shall be responsible for the lowering of the Goods’ value due to any actions that were not necessary in order to determine the type, properties and functioning of the item.
9.6. The Buyer shall be entitled to exercise the right referred to in Clause 9.1 only if the Goods have not been used, damaged, or substantially altered in appearance, i.e., the appearance of the Goods or of the packaging has been altered only to such extent as is necessary to enable the Buyer to inspect the Goods after receipt.
9.7. In the case covered by this section of these General Terms, the Goods must be returned:
9.7.1. in their original packaging (including the instructions and other documents that came with the Goods);
9.7.2. in a complete set. If the Goods are not complete, the Seller shall be entitled to refuse to accept them.
9.8. If the returned Goods are damaged, the Buyer shall pay the repair costs according to the Seller's invoice.
9.9. The Seller has the right not to accept the Buyer's returns if the Buyer does not comply with the return procedure set out in these General Terms and applicable legislation.
9.10. In individual cases specified by the Seller, quality Goods may be returned within a period longer than the 14 calendar days period provided for in this section of the General Terms.
9.11. The Consumer's right of withdrawal does not apply to contracts concerning Goods which are made to the Consumer's specific instructions, i.e., Goods which are not pre-manufactured, and which are made based on the Consumer's personal choice or instruction, whether the Goods have been put into production, or which are expressly tailored to the Consumer's own personal needs. Other cases where the Consumer's right of withdrawal does not apply to the contract are provided for by the legislation of the Republic of Lithuania.
10. THE RIGHT TO RETURN DEFECTIVE PRODUCTS
10.1. If the Buyer consider that the Goods received are of poor quality, the Buyer shall have the right to submit a request to the Seller within 2 years from the date of delivery. In this case, the Buyer shall contact the Seller via email email@example.com and provide following details: first name, last name, reason for returning the Goods, order number or number of the invoice confirming payment for the Goods, contact details (telephone number or email address) and bank details (account number, bank name and code) if the amount paid by the Buyer (or a part thereof) has to be refunded to the Buyer‘s bank account, the signs of a defect, fault or missing part in the Goods, other evidence (e.g. a photograph of the Goods, a photograph of the defective area (if it is mechanical damage and it is possible to take a photograph). The Buyer may request that the Seller should: eliminate effects of the item (repair the item); or replace the item of poor quality with the item of good quality; or reduce the price for the goods; or refund the amount paid.
An item of the Goods shall be deemed to be an item of good quality if: (i) the item correspond with the description and characteristics provided in the Online Store, in the Agreement or other documents provided by the Seller; (ii) the item is suitable for normal use in the same way as other goods of the same type; and (iii) the quality and characteristics of the item are such as can be expected from other goods of the same type.
10.2. After the examination of the Buyer's complaint, a reply shall be provided within 14 (fourteen) days. The Seller shall inform the Buyer via email whether any of the Buyer ‘s requests specified above will be acted on. If the Buyer is requesting a refund and such request is justified, the full amount paid by the Buyer shall be refunded including delivery charges and return shipment costs. The refund shall be made by the same method which was selected by the Buyer for the purchase of the Goods. If only part of the Goods is returned, the delivery costs shall be refunded only if the remaining Goods of the same order, when purchased alone, would have been subject to a lower rate than the rate applicable when the Goods were purchased together with the returned Goods and only to the extent of the difference between the such rates.
10.3. Defective Goods must be returned to the address Pagrindinė str. 1A, Varputėnai v., Kuršėnai, LT-80242 Šiaulių d., Republic of Lithuania.
10.4. The Seller has the right not to accept the Buyer's returns if the Buyer does not comply with the return procedure set out in these General Terms and applicable legislation.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for partial or total failure to perform their contractual obligations if they prove that the failure was due to force majeure.
11.2. The Party that is prevented from fulfilling its contractual obligations because of force majeure must inform the other Party in writing without delay, but at the latest within three (3) working days from the date on which the circumstances arise or become known.
11.3. Force majeure shall be understood as defined in the applicable legislation of the Republic of Lithuania. The grounds for releasing from liability a Party that is prevented from fulfilling its contractual obligations due to force majeure shall arise from the moment of the occurrence or manifestation of the force majeure circumstances or, if no timely notification has been given, from the moment of notification. If the Party fails to give timely notice or, in the absence of the possibility of giving notice, otherwise fails to give notice of its inability to perform its contractual obligations, it shall be obliged to compensate the other Party for the damage suffered by the latter because of the failure to give timely notice or the absence of any notice.
12. PERSONAL DATA PROCESSING
13. FINAL PROVISIONS
13.1. The Parties shall be liable for non-performance of their obligations under these General Terms and/or the Agreement in accordance with the procedures set out in these General Terms and/or the Agreement and/or the laws of the Republic of Lithuania.
13.2. The Party whose improper act or omission causes loss to the other Party shall be liable to indemnify the other Party for any direct loss suffered by it, unless otherwise provided for in the Agreement.
13.3. The Seller shall not assume any risks and shall be unconditionally exempted from liability in the event of the Buyer’s failure to carefully familiarize himself/herself with these General Terms while having been afforded the opportunity to do so.
13.4. The Seller shall reserve the right to amend and supplement these General Terms and other documents related thereto. Any amendments and additions to the General Terms shall take effect on the date of publishing thereof on the Online Store. If the Buyer disagree with the new version of the General Terms, the Buyer shall have the right to renounce the amendments and additions, however, in such case the Buyer shall forfeit the right to use the Online Store. The current version of the General Terms in effect of placing the order shall apply.
13.5. In the event of any inconsistency between the terms and conditions set out in these General Terms and the terms and conditions set out in the Agreement, the terms and conditions set out in the Agreement shall prevail.
13.6. The Seller or a third-party content provider shall be the owner of all the copyright and other intellectual property rights to all text and other content of the Online Store. Use and distribution of the content of the Online Store shall be prohibited unless the Seller has given its prior written consent.
13.7. If any part of these General Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these General Terms will continue in effect.
13.8. If the Buyer have a complaint, the Buyer can outline and submit it to the Seller at the contacts specified in these General Terms. If the Buyer is the Consumer, he/she also have the right to resolve the dispute by contacting the State Consumer Rights Protection Service of the Republic of Lithuania (Vilniaus g. 25, 01402 Vilnius, Republic of Lithuania, email: firstname.lastname@example.org, tel. 852626751, website: vvtat.lt), or the territorial offices of the State Consumer Rights Protection Service or by completing a form on the EGS platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT.
13.9. These General Terms and the Agreement shall be governed by and construed in accordance with the laws of Republic of Lithuania and any disputes arising under these General Terms and the Agreement shall be submitted to the competent court in accordance with the procedure established by the laws of the Republic of Lithuania.
13.10. The Seller shall not be deemed as a taxpayer of any taxes that are not prescribed directly to the Seller by the laws of the Republic of Lithuania.
MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from the contract to:
UAB Spa Europe, Lithuanian company with registered address Pagrindinė str. 1A, Varputėnai v., Kuršėnai, LT-80242 Šiaulių d., Republic of Lithuania, legal entity code 305568675
E-mail email@example.com; phone +37064560272
I/We* hereby give notice that I/We* withdraw from my/our* contract:
of sale of the following goods*:
for the provision of the following service*:
ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) only if this form is notified on paper:
* Delete as appropriate.