Terms and conditions of sales and purchase in online shop

Dear Customers,

In order to ensure the protection of both your rights and ours, please carefully read and familiarise yourself with the Terms and Conditions of the online store www.mktekstile.lt:

1. Definitions

1.1. Online Store hereinafter referred to as the E-shop means the online store available on the website www.mktekstile.lt, where the Buyer may purchase goods offered by the Seller.

1.2. E-commerce Terms and Conditions hereinafter referred to as the Terms means these rules for the purchase and sale of goods in the E-shop.

1.3. Seller means UAB “MK TEKSTILĖ”, company code: 149715438, VAT code: LT497154314, address: Pramonės g. 16, Alytus, LT-62175, Tel.: +370 682 62902, email: info@mktekstile.lt, established and operating in accordance with the laws of the Republic of Lithuania, whose data is collected and stored in the Register of Legal Entities of the State Enterprise Centre of Registers.

1.4. Buyer means a person who has purchased goods in the E-shop and meets the requirements set out in Clause 2.4 of these Terms.

1.5. Parties means the Buyer and the Seller together.

1.6. Purchase and Sale Agreement hereinafter referred to as the Agreement means a goods purchase and sale agreement concluded between the Buyer and the Seller, consisting of the goods order submitted by the Buyer and confirmed by the Seller, as well as the Terms confirmed by the Buyer.

1.7. Personal Data means any information relating to a person, data subject, whose identity is known or may be directly or indirectly identified, and which is registered on the website www.mktekstile.lt, including name, surname, date of birth, address, telephone number, email address and other information specified in the registration forms on the website www.mktekstile.lt, as well as any other information that becomes known as a result of the person’s use of the website www.mktekstile.lt and is detailed in the Privacy Policy.

1.8. Privacy Policy means the document approved by the Seller and published on the website www.mktekstile.lt, which sets out the main rules for the collection, accumulation, processing and storage of Personal Data.

1.9. MKTEKSTILE Account hereinafter referred to as the Account means the system that, after the Buyer registers on the website www.mktekstile.lt, stores and displays the Buyer’s Personal Data and order history.

2. General Provisions

2.1. Before confirming an order in the E-shop, the Buyer becomes acquainted with and agrees to all of the Terms and confirms this by ticking the box “I have read and agree to the E-shop Terms and Conditions”. A Buyer who has not read or does not agree with the Terms or any part thereof must not place an order. The confirmed Terms are a binding document for both parties to the Agreement.

2.2. The Buyer must familiarise themselves with the Privacy Policy approved and publicly published by the Seller. A Buyer who does not agree with the Privacy Policy or any part thereof may express their disagreement in the manner established in the Privacy Policy.

2.3. These Terms are a mandatory and integral part of the Agreement concluded between the Buyer and the Seller. They introduce the Buyer to the conditions for purchasing and selling goods in the E-shop and establish the rights and obligations of the Buyer and the Seller related to the purchase and sale of goods, payment terms, delivery and return procedures, liabilities of the parties and other conditions related to the purchase and sale of goods in the E-shop.

2.4. By agreeing to the Terms, the Buyer confirms that they meet the requirements set out in this clause for persons purchasing goods in the E-shop. The following persons have the right to purchase goods in the E-shop:

2.4.1. Legally capable natural persons who are at least 18 years old or who have acquired full legal capacity before reaching the age of majority in accordance with the procedure established by law, and whose legal capacity has not been restricted by court order;

2.4.2. Minors aged from fourteen to eighteen years who have the consent of their parents or guardians;

2.4.3. Legal entities.

2.5. Goods in the E-shop are sold and delivered only within the territory of the Republic of Lithuania.

3. Ordering Goods and Entry into Force of the Agreement

3.1. After visiting the E-shop, the Buyer selects the goods of interest.

3.2. Based on the Buyer’s selection, a shopping cart is created, where the Buyer can review all necessary information about the selected goods: name, link to a detailed product description, planned delivery term, price, quantity of goods purchased, delivery cost, total payable amount for the purchased goods including VAT, and the VAT amount. Having reviewed all necessary information about the goods, the Buyer may change the shopping cart, refuse the selected product or products, or, having decided to order the selected product or products, click the “Next” button.

3.3. The Buyer provides accurate and non-misleading information about themselves in the relevant information fields provided in the E-shop, necessary for the proper further fulfilment of the order.

3.4. The Buyer chooses one of the payment methods specified in Clause 8.2 of these Terms, reviews once again and ensures that all order and personal data are correct, confirms that they have read and agree to the Terms, and confirms the order by clicking the “Place Order” button.

3.5. The Parties agree that the Agreement for the purchase of specific goods enters into force from the moment when the Seller sends an email to the Buyer at the email address provided by the Buyer, confirming that the Buyer’s order has been accepted for fulfilment and that the ordered goods will be sent to the Buyer. From this moment, the Buyer undertakes to accept the goods ordered and delivered from the Store and to pay for them in accordance with the procedure established in the Agreement.

4. Buyer’s Rights

4.1. The Buyer has the right to purchase goods in the E-shop in accordance with the procedure established in these Terms.

4.2. In accordance with the applicable legal acts of the Republic of Lithuania and the provisions of Clause 11 of these Terms, the Buyer has the right to withdraw from the Agreement.

4.3. In accordance with the applicable legal acts of the Republic of Lithuania and the provisions of Clauses 11 and 12 of these Terms, the Buyer has the right to exchange or return purchased goods.

4.4. The Buyer also has other rights established in the legal acts of the Republic of Lithuania, these Terms and the Privacy Policy.

5. Buyer’s Obligations

5.1. The Buyer must pay for the goods and their delivery on time, if a delivery fee applies, and accept the goods in accordance with the procedure established in these Terms.

5.2. The Buyer undertakes to ensure the confidentiality of their login details and not to disclose them to third parties, as well as to ensure that no third parties use the login details to order or purchase goods from the Seller. The Buyer is responsible for any actions of third parties if such actions were carried out using the Buyer’s login details. All obligations and liability arising from or related to the actions of third parties carried out using the Buyer’s login details shall be borne by the Buyer. If the Buyer loses their login details, they must immediately inform the Seller.

5.3. When using the E-shop, the Buyer undertakes not to violate the rights and legitimate interests of third parties and not to violate the legal acts of the Republic of Lithuania.

5.4. The Buyer must provide complete, detailed and correct information about themselves in the registration and order submission forms. If the Buyer provides inaccurate, false or misleading data when completing the registration or order submission forms, the Seller has the right to cancel the Buyer’s order, annul the Buyer’s registration and delete the data, or restrict the Buyer’s ability to use the E-shop. If the data specified in the Buyer’s registration or order submission forms changes, the Buyer must update it immediately; otherwise, the Buyer assumes responsibility for any consequences arising from inaccurate and/or outdated contact information provided to the Seller.

5.5. When ordering goods, the Buyer undertakes to specify the exact place of delivery and to perform other necessary actions for the acceptance of the goods.

5.6. The Buyer undertakes to accept the goods personally or to indicate another person who will accept the goods. Information about the person authorised by the Buyer to accept the goods is provided by the Buyer when completing the order submission form. Goods will not be handed over to any other persons who have not been indicated.

5.7. The Buyer must also fulfil other obligations provided for in the legal acts of the Republic of Lithuania, these Terms and the Privacy Policy.

6. Seller’s Rights

6.1. The Seller has the right to suspend, change or terminate the operation of certain functions of the E-shop or parts thereof, change the layout of existing elements, change the scope or method of sale of goods or provision of services, and suspend or terminate the provision of goods or services or any part thereof.

6.2. The Seller has the right to suspend or terminate the operation of the E-shop. In such case, all accepted and confirmed Buyer orders before the suspension or termination date of the E-shop shall be completed, and new orders shall not be accepted.

6.3. The Seller has the right to immediately and without prior notice restrict or suspend the Buyer’s ability to use the E-shop or cancel the Buyer’s Account registration if the Buyer attempts to harm the stability or security of the E-shop or violates their obligations.

6.4. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer fails to pay for the goods on time or refuses to pay upon delivery/collection of the goods.

6.5. If, due to technical difficulties or disruptions in the operation of the E-shop, the Seller is unable to fulfil the Buyer’s order, the Seller has the right to cancel such order by informing the Buyer of the order cancellation. If the Buyer has paid for the purchased goods, the payment shall be returned to the Buyer’s account within 3 three business days from the date of submission of the Buyer’s request for a refund.

6.6. If any uncertainties arise regarding the information provided in the Buyer’s order, the Seller shall contact the Buyer by telephone or email specified in the order. In such case, the delivery term of the goods shall begin to be calculated from the date of contact with the Buyer. The Seller has the right to cancel the Buyer’s order without prior notice if the Seller is unable to contact the Buyer within 3 three business days.

6.7. The Seller has the right to amend, correct and/or supplement the Terms by publishing the new version of the Terms on the website www.mktekstile.lt. The new version of the Terms shall apply to purchase and sale transactions concluded after the publication of the Terms on the website www.mktekstile.lt.

6.8. The Seller also has other rights established in the legal acts of the Republic of Lithuania, these Terms and the Privacy Policy.

7. Seller’s Obligations

7.1. The Seller undertakes, under the conditions established in these Terms and other Seller documents, to provide the Buyer with the opportunity to use the services provided by the E-shop.

7.2. The Seller undertakes to provide the Buyer with clear and understandable information in the E-shop as specified in Article 6.2287 of the Civil Code of the Republic of Lithuania.

7.3. The Seller undertakes to respect the Buyer’s right to privacy in relation to personal information belonging to the Buyer and to process the Buyer’s Personal Data only in accordance with the procedure established in the Terms, the Privacy Policy and the legal acts of the Republic of Lithuania.

7.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions set out in Clause 9 of these Terms.

7.5. If, due to significant circumstances such as lack of goods in stock, longer than expected delivery terms and similar reasons, the Seller is unable to deliver the goods ordered by the Buyer, the Seller undertakes to offer an analogous product or a product as similar as possible in its characteristics. If the Buyer refuses to accept an analogous or most similar product, the Agreement shall be terminated and the Seller undertakes to return the money paid by the Buyer within 3 three business days, if payment has already been made.

7.6. If the Seller does not agree with the Buyer’s claims, the Seller must, no later than within 10 ten calendar days from the date of receipt of the Buyer’s request, unless the legal acts of the Republic of Lithuania and the European Union provide otherwise, provide the consumer with a detailed, reasoned written response.

7.7. The Seller undertakes to fulfil other obligations imposed on the Seller by the Terms, the Privacy Policy and the legal acts of the Republic of Lithuania.

8. Prices and Payment Methods

8.1. The prices of goods and services indicated in the E-shop and in the order are stated in EUR euros, including the VAT, Value Added Tax, rate applicable at the time under legal acts.

8.2. The Buyer may pay for the ordered goods using one of the following methods:

8.2.1. by bank card upon delivery/collection of the goods;

8.2.2. in cash upon delivery/collection of the goods — this payment method may be used if the order amount does not exceed EUR 1000 one thousand euros;

8.2.3. by bank transfer — if this payment method is selected, the Buyer must pay for the goods within 3 three business days;

8.2.4. by using electronic payment or electronic banking systems — if the Buyer selects this payment method and confirms the order, the Buyer is redirected to the electronic payment or electronic banking system, where payment is made on the same day on which the order is submitted. If the Buyer fails to make payment through the selected system, the Buyer undertakes to complete the order and pay for the goods by selecting another payment method specified in Clause 8.2 of these Terms. When these payment methods are selected, responsibility for data security lies with the owner of the electronic payment system, as all monetary transactions are carried out within the systems of the owner of the electronic payment system.

8.3. After the Seller receives payment for the goods, when the Buyer selects the payment method specified in Clause 8.2.3, or receives payment confirmation, when the Buyer selects the payment methods specified in Clauses 8.2.1, 8.2.2 or 8.2.4, the order for the goods is confirmed in accordance with Clause 3.5 of these Terms and the delivery term begins to be calculated.

8.4. If the Buyer refuses to pay the courier who has delivered the goods, when the Buyer has selected the payment method specified in Clauses 8.2.1 or 8.2.2, it shall be deemed that the Buyer has withdrawn from the Agreement, and the Seller and the courier shall not be obliged to hand over the goods to the Buyer. They shall also acquire the right to retrieve the goods from the Buyer if they have already been handed over. The Buyer undertakes to immediately return any goods handed over to them for which payment has not been made in accordance with the procedure established in the Terms.

8.5. By concluding the Agreement, the Buyer agrees that purchase documents, VAT invoices, which also serve as product warranty certificates, shall be provided to the Buyer electronically to the email address specified in the Buyer’s registration or order submission form immediately after the order has been fulfilled. VAT invoices shall indicate the selected goods, their quantity, discounts granted, final price of the goods including all taxes, and other mandatory data required by accounting legislation. If the Buyer wishes to receive purchase documents in printed form, the Buyer must contact the Seller using the contact details provided in the E-shop. The Seller shall provide the requested documents to the Buyer in printed form in the manner and procedure agreed by the Parties.

8.6. After the Seller confirms the order, the price of the goods may not change, except in cases where such changes are caused by technical errors in information systems or other objective reasons beyond the Seller’s control. In such case, the Seller undertakes to make every effort to determine the actual price of the goods and inform the Buyer. If the Buyer does not agree with the changed price, the Buyer may cancel the order by informing the Seller within 3 three business days. If the order is cancelled in accordance with this clause, all amounts paid by the Buyer shall be refunded.

9. Delivery of Goods

9.1. Goods are delivered only within the territory of the Republic of Lithuania.

9.2. For the delivery of goods, the Seller uses the services of courier companies. Delivery prices and terms are indicated before the order is submitted and in the E-shop.

9.3. Delivery terms do not apply in cases where the required goods are not available in the Seller’s warehouse and the Buyer is informed about the shortage of the goods ordered. In such case, the Parties shall mutually agree on the extension of the delivery term and other delivery conditions. If the Buyer does not agree with the changed delivery terms, the Buyer has the right to withdraw from the Agreement.

9.4. In all cases, the Seller shall be released from liability for breach of delivery terms if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to circumstances dependent on the Buyer, such as:

9.4.1. The Buyer provides incorrect information necessary for the delivery of the goods;

9.4.2. The Buyer is not present at the specified delivery address at the time agreed with the courier;

9.4.3. Other similar reasons.

9.5. At the time of delivery, the Buyer or the person authorised by the Buyer to accept the goods must inspect the condition of the shipment together with the courier. Once the Buyer or the person authorised by the Buyer to accept the goods signs the shipment handover-acceptance document, it shall be deemed that the shipment has been delivered in proper condition. If the Buyer or the person authorised by the Buyer to accept the goods notices that the packaging of the delivered shipment is damaged or otherwise externally impaired, they must refuse to accept the goods and indicate this in writing in the shipment handover-acceptance document. If the Buyer or the person authorised by the Buyer to accept the goods fails to perform this action, it shall be deemed that the condition of the shipment at the time of delivery was proper, and the Buyer assumes full responsibility for any product damage if such damage was caused by packaging damage.

9.6. Upon receipt of the goods, the Buyer must check their compliance with quantity, completeness and other Agreement conditions, as well as the product description. If, after accepting the goods, the Buyer notices that the shipment does not contain the correct set or quantity of goods, or that the goods provided are not of the correct size, colour or other dimensions, the Buyer must immediately, no later than within one business day, inform the Seller and has the right to return or exchange the product or products.

9.7. If the Buyer does not collect the goods within the established term or the goods cannot be delivered to the Buyer due to reasons dependent on the Buyer, and the Buyer has paid for the goods and their delivery, such goods shall be returned to the Seller, and the money paid by the Buyer shall be refunded after deducting the direct costs of returning the goods, namely the delivery fee, if the goods were delivered to the Buyer.

9.8. If the Buyer does not collect the goods within the established term or the goods cannot be delivered to the Buyer due to reasons dependent on the Buyer, and the Buyer has not paid for the goods, such goods shall be returned to the Seller and the order shall be cancelled. Having withdrawn from the Agreement, the Buyer must compensate the Seller for the costs of returning the goods, namely the delivery fee.

10. Product Quality Guarantee and Suitability for Use

10.1. The general characteristics of each product are indicated in the product description provided next to each product in the E-shop.

10.2. The goods offered for purchase by the Seller are of proper quality, meaning that the characteristics of the goods correspond to the product description, if:

10.2.1. The product corresponds to the description provided by the Seller in the E-shop and has the same characteristics as the product that the Seller presented as a sample or model when advertising that product;

10.2.2. The product is suitable for the purpose for which goods of this type are normally used;

10.2.3. The product meets the quality indicators that are normally characteristic of goods of the same type and which the Buyer may reasonably expect according to the nature of the product and the public statements made by the manufacturer, its representative or the seller, including advertising and product labelling, regarding the specific characteristics of the item.

10.3. The Seller shall not be liable if the goods displayed in the E-shop differ in size, shape, colour or other parameters from the actual size, shape, colour or other parameters of the goods due to the characteristics of the display used by the Buyer or for other technical reasons.

10.4. The Seller provides a product quality guarantee valid for a certain period for different types of goods. The specific term and other conditions are specified in the E-shop. The quality guarantee provided by the Seller does not limit or restrict the Buyer’s statutory rights, which the Buyer may exercise upon purchasing goods of improper quality.

10.5. By purchasing goods, the Buyer agrees to the warranty conditions specified in the E-shop.

11. Right to Withdraw from the Agreement, Conditions for Return and Exchange of Goods of Proper Quality

11.1. The Buyer has the right to withdraw from the Agreement within 14 fourteen days without giving any reason by notifying the Seller thereof. The Buyer may not exercise this right if one of the agreements listed in Article 6.22810, Paragraph 2 of the Civil Code of the Republic of Lithuania has been concluded.

11.2. The Buyer shall notify the Seller of withdrawal from the Agreement in one of the following ways: by completing the “return form” or by submitting a clear written statement setting out their decision to withdraw from the Agreement. The notice of withdrawal from the Agreement shall be submitted and sent to the email address info@mktekstile.lt. Upon receipt of the Buyer’s notice by email, the Seller shall immediately send confirmation of receipt of the notice.

11.3. The 14 fourteen day period provided for exercising the right of withdrawal shall be calculated from the day on which the Buyer or a person authorised by the Buyer to collect the goods receives the ordered goods.

11.4. Within the term established in Clause 11.3 of these Terms, the Buyer also has the right to exchange purchased goods of proper quality for analogous goods of different dimensions, shape, colour, model or completeness. If a price difference arises when exchanging goods, the Buyer shall pay the Seller the higher price difference, or the overpaid price difference shall be refunded to the Buyer.

11.5. Goods returned or exchanged by the Buyer in accordance with the procedure established in Clause 11 of these Terms must meet the following requirements:

11.5.1. The returned product must be in its original, neat and undamaged packaging;

11.5.2. The returned product must be unused and undamaged;

11.5.3. The returned product must not have lost its marketable appearance, including undamaged labels, unremoved protective film, etc.;

11.5.4. The returned product must be of the same completeness as received by the Buyer;

11.5.5. When returning the product, the following documents must be provided: completed “return form”, documents confirming the purchase of the product from the Seller, and warranty certificate, if issued.

11.6. The Seller has the right to refuse to accept goods returned or exchanged by the Buyer if such goods fall under the list of non-returnable and non-exchangeable goods set out in Clause 17 of the “Retail Trade Rules” approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001, as amended by Resolution No. 738 of the Government of the Republic of Lithuania of 22 July 2014.

11.7. The Buyer must return the goods to the Seller immediately, no later than within fourteen days from the date of submitting the notice of withdrawal from the Agreement to the Seller, at their own expense. Goods shall be returned to the Seller’s address or sent using courier services. If the goods are returned using courier services, the Buyer must pack them properly and indicate the correct Seller’s address. The Buyer assumes full responsibility for failure to comply with the obligations set out in this clause of the Terms, due to which the parcel sent to the Seller was lost or damaged during shipment.

11.8. The Seller shall refund all amounts paid by the Buyer no later than within fourteen days from the day on which the Seller receives the goods returned by the Buyer, except in the case of product exchange provided for in Clause 11.4 of these Terms. The Seller is not obliged to reimburse the Buyer for additional costs incurred due to the Buyer choosing a delivery method other than the one offered by the Seller.

11.9. When refunding all amounts paid by the Buyer, the Seller shall follow the payment method specified in the Buyer’s statement of withdrawal from the Agreement or in the “return form”, such as bank transfer to the bank account specified by the Buyer or cash payment at the Seller’s retail location, except in cases where the Buyer and the Seller agree otherwise on the method and procedure of refund.

12. Conditions for Return and Exchange of Goods of Improper Quality

12.1. Defects in sold goods shall be eliminated, and goods of improper quality shall be exchanged or returned in accordance with the procedure established by the Civil Code of the Republic of Lithuania, the Retail Trade Rules and these Terms.

12.2. If the product received by the Buyer does not meet the product quality requirements established in the Agreement, the product description or the usual requirements applicable to such product, the Buyer may, at their choice, demand that the Seller:

12.2.1. If possible, eliminate the defects of the product free of charge;

12.2.2. If possible, replace the product of improper quality with a product of proper quality free of charge;

12.2.3. Reduce the price proportionally to the defects of the product;

12.2.4. Terminate the Agreement and demand a refund of the price paid, except in cases where the defect of the product is minor.

12.3. When a product of improper quality is returned, the Seller undertakes to collect the defective product at its own expense and using its own transport or to reimburse the Buyer for the costs of returning the defective product. Goods may be returned by the Buyer at the Seller’s retail locations or sent using courier services.

12.4. The Buyer loses the right to rely on the non-conformity of goods and to return the product to the Seller if the defects of the goods arose due to the fault of the Buyer or third parties, improper use, storage or keeping conditions of the product, or if the defects of the goods existed at the time of handover and should have been noticed by the Buyer, but the Buyer did not contact the Seller within 14 fourteen calendar days from the date of receipt of the goods.

12.5. Money shall be refunded no later than within 14 days after the product returns to the Seller’s warehouse. The Seller shall refund all amounts paid by the Buyer by bank transfer to the bank account specified by the Buyer, except in cases where the Buyer and the Seller agree otherwise on the method and procedure of refund.

12.6. Goods covered by the manufacturer’s warranty, if their warranty period has not yet expired, must be inspected at the warranty service centre before their defects are eliminated, they are exchanged, or the money paid for them is refunded, so that the Seller can ensure that the defect did not arise due to the Buyer’s fault.

13. Liability

13.1. The Buyer is fully responsible for their actions in the E-shop and for the correctness of the data provided in its registration forms. If the Buyer provides incorrect data, the Seller shall not be liable for any consequences arising therefrom.

13.2. The Buyer is fully responsible for transferring their login details to third parties and for the consequences arising therefrom.

13.3. The Seller shall be released from any liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and their own obligations, failed to familiarise themselves with these Terms, although they were given the opportunity to do so.

13.4. If the E-shop contains links to websites of other persons, companies, organisations or other websites, the Seller shall not be responsible for the information contained therein or for the activities carried out there, as the Seller does not maintain, control or represent those websites, persons or companies.

13.5. In the event of damage, the party at fault shall compensate the other party for direct losses.

14. Exchange of Information

14.1. The Seller shall send all notices to the Buyer, in accordance with the procedure established in these Terms and the Privacy Policy, to the email address provided by the Buyer during registration or when ordering goods, or by SMS message to the contact telephone number specified by the Buyer.

14.2. The Buyer shall send all notices and questions to the Seller using the means of communication specified in the “Contacts” section of the E-shop.

15. Final Provisions

15.1. These Terms have been drawn up in accordance with the legal acts of the Republic of Lithuania.

15.2. Relations arising on the basis of these Terms shall be governed by the law of the Republic of Lithuania.

15.3. All disagreements arising from the implementation of these Terms shall be resolved by negotiation. If no agreement can be reached, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.