Rules for purchasing goods

Rules (last modified 2021 07 05) for purchasing goods in the online store www.dockboot.lt:

1. General Provisions

1.1. The present Rules for purchasing goods in the online storewww.dockboot.lt (hereinafter – the Rules) have been drawn up to ensure your (hereinafter – the Buyer) rights and those of UAB Dock Boot LT, which sells the goods in the online store www.dockboot.lt (hereinafter – the Store), to establish the obligations and liability of both parties as well as other provisions associated with the sales and purchase of the goods at the Store. By forming the basket, starting to fill the order form and ticking the statement “I accept the Rules”, the Buyer confirms that he/she has familiarised him/herself with the present Rules and commits him/herself to observe them.

1.2. The Seller is a legal entity registered with Panevėžys Affiliate of the Register of Legal Entities of the State Enterprise Centre of Registers of the Republic of Lithuania UAB Dock Boot LT, legal entity code 304917985, VAT code LT100011877012, registration address S. Mačiulio str. 12, LT- 35223, Panevėžys, Lithuania, email info@dockboot.lt.

1.3. The Rules establish the terms and procedure for ordering, purchasing, return and replacement of the goods at the Store as well as present information that must be provided to the Buyer in accordance with the legal acts of the Republic of Lithuania.

1.4. The present Rules shall be applied only to the Buyers who are natural persons (Customers). The Buyers who are legal entities shall be applied the contracts individually agreed upon by the Buyer and Seller, and where none have been concluded, they shall be applied the provisions of the Civil Code of the Republic of Lithuania (hereinafter – Civil Code) that govern the standard sales and purchasing relations between business persons. Unless otherwise agreed, Buyers who are legal entities are not applied the rights and warranties granted by the Civil Code to the Customers (e.g. the right to return a product within 14 days).

1.5. The Seller shall be released from any liability in the cases where losses or other negative consequences arise due to the fact that the Buyer failed to familiarise him/herself with the Rules of the online Store, recommendations or information provided, regardless of having been provided such opportunity.

1.6. The Seller retains the right to change these Rules unilaterally at any time, by publishing them on the website of the online Store. The changes shall come into force as of the moment of publication and be valid for all contracts concluded following the publication.

2. Contract Conclusion

2.1. Contracts on sales and purchasing of the goods (hereinafter – Contracts) shall be concluded at the online Store electronically. Such Contract is covered by the fact of order receipt, when the data of the Buyer and his purchased goods have been received by e-mail and in the web store management system, and the Buyer received an automatic product order and payment e-mail letter. When concluding these Contracts with the Buyers, the Seller shall follow the provisions of the Civil Code of the Republic of Lithuania governing distance contracts and Retail sales rules approved by Resolution No 738 of the Government of the Republic of Lithuania on 22-07-2014.

2.2. The following persons have the right to make purchases at the online Store of the Seller:

-natural persons who have attained the age of majority and whose capacity has not been restricted in accordance with the judicial procedure;

– minors aged 14 (fourteen) to 18 (eighteen) who have the consent of their parents or carers, except when emancipated;

– legal entities.

By accepting the present Rules, the Buyer acknowledges that he/she has the right to make purchases at the online Store of the Seller.

2.3. The Contract on sales and purchasing of the goods between the Seller and the Buyer shall be deemed to have been concluded and come into force as of the moment, when the Buyer, after adding the goods to his/her basket, providing the necessary personal data, selecting the methods of delivery and payment, and familiarising him/herself with these Rules and accepting them, clicks on the link ‘PAY’ and carries out the actions necessary for making the payment.

2.4. Following the conclusion of the Contract on sales and purchasing of the goods, the Seller shall send to the email address indicated by the Buyer an automated email message with the goods, their main features, accurate number and prices, and the conferred order number specified.

2.5. The present Rules, Delivery, Payment and Return/Replacement descriptions published at the online Store and comprising an integral part of the Rules, information about the Seller as well as the email message sent by the Seller to the Buyer about the receipt of the order shall be considered to be an inseparable part of the Contract between the Buyer and the Seller.

2.6. Each Contract concluded electronically between the Buyer and the Seller shall be stored on the database of the online Store for not more than 3 (three) years from the last purchase.

2.7. The Contract concluded between the Buyer and the Seller shall remain in force until complete fulfilment of the parties’ obligations under the Contract or expiry thereof in accordance with the procedure established herein.

3. Goods and their Prices

3.1. The properties of each item offered for sales shall be specified at the online Store in the description provided by each item. The Seller does not guarantee that the colours as seen on the website entirely match the true colours of the items. This depends in part on the colour settings of the Buyer’s computer, telephone, tablet and monitor or screen.

3.2. The Seller shall have the right to change the assortment of the goods on the online Store, without a prior warning to the Buyer.

3.3. Price of each item offered is given in EUR by the appropriate item at the online Store, in the formed order of the Buyer and email message sent by the Seller to the Buyer about the receipt of the order. The Seller shall sell the goods at the prices valid at the moment when the Buyer submitted the order to the Seller.

3.4. The item price shall include the value added tax (VAT).

3.5. The fee for delivery of the goods to the Buyer is not included in the price of the goods. Fees charged for the delivery of the goods are specified at the online Store under ‘Delivery’.

4. Payment for the Goods

4.1. The Buyer may pay for the goods and their delivery using one of the following methods:

4.1.1. via an online banking system;

4.1.2. by making an advance payment from the bank to the Seller’s account (account data of the Seller are given under ‘Contacts’ at the online Store);

4.1.3. by paying for the goods upon delivery to the courier in cash (only in Lithuania, Latvia and Estonia). This service is currently suspended.

4.2. When paying for the goods and their delivery, the Buyer may be charged commissions and/or other fees set by the bank for the transactions performed.

4.3. When paying for the goods and their delivery by advance payment order, the Buyer should specify the order number sent in an email about the receipt of the order in the field ‘Payment details’ of the payment form. Accurate order number in the field ‘Payment details’ will facilitate smooth processing of the order for the Buyer.

4.4. The payment shall be deemed to have been made and the order processing will start when the total due amount has been received and credited to the banking account of the Seller (except in the case where the Buyer chose to pay in cash upon delivery).

4.5. The Buyer shall pay for the goods and their delivery not later than within 3 (three) working days after the conclusion of the Contract on sales and purchasing of the goods (except in the case where the Buyer chose to pay in cash upon delivery). If the Buyer fail to pay during the first 1 (one) working day, a reminder shall be sent to the email address specified by the Buyer in the order form about the placed order for the goods and the necessity to pay for them. Should the Buyer fail to pay during 3 (three) working days after the conclusion of the Contract on sales and purchasing, it shall be deemed that the Buyer withdrew from the Contract. The appropriate order of the Buyer shall be cancelled and the Buyer shall be informed to this effect by email to the email address specified by him/her in the order form.

4.6. The Seller shall not assume any liability for services rendered inappropriately by the banks whose services had been used by the Buyer to make the payment to the Seller and the associated losses. Furthermore, the Seller shall not assume any liability arising due to errors made by the Buyer when filling and executing the payment order (e.g. incorrect account number/incorrect order number etc.) and the associated losses and/or other negative consequences.

4.7. Orders sent to the countries outside the EU may be subject to additional VAT, import duties and/or taxes collected when the Buyer’s order reaches the country of destination. UAB Dock Boot LT delivers orders under the Incoterm Delivered Duty Unpaid (DDU), meaning that the Seller shall not collect VAT, customs duties and/or taxes for orders accepted from countries outside the EU. To estimate the possible additional taxes, the Buyer should contact a local customs office.

5. Delivery of the Goods

5.1. Goods shall be delivered by the Seller or a company providing courier services (hereinafter – the Courier) as ordered by the Seller. Goods can be delivered anywhere in Lithuania, including the Curonian Lagoon (lit. Kursiu Nerija), European Union and several countries outside the European Union. Please find more information under ‘Delivery’ in the website. The goods shall be delivered to the address indicated by the Buyer at the time of registration or in the order form.

5.2. Delivery of the goods is subject to fees that are laid down under ‘Delivery’ in the online Store. These fees vary depending on the method of delivery selected and the country of destination indicated by the Buyer.

5.3. Usually, the goods are delivered to the Buyer’s address as follows: in Lithuania – within 2-6 working days, in European Union countries – within 2-10 working days, and in other countries – within 5-15 working days. The Buyer hereby agrees that in exceptional cases the delivery of the goods might be delayed due to unforeseen circumstances or procedures applied by the Courier, however in any case the goods should be delivered not later than within 30 (thirty) calendar days. In such cases, the Seller shall contact the Buyer without any delay and agree on a new period for the delivery of the goods.

5.4. In all cases, the Seller shall be released from the liability for the delayed delivery of the goods, where the goods are not delivered to the Buyer or are delivered with a delay due to the circumstances outside the control of the Seller.

5.5. Where the delivery of the goods is late through no fault of the Buyer or circumstances associated with him/her by more than 10 (ten) working days and the parties fail to agree on extension of the delivery terms or replacement of the ordered goods by similar or other goods available at the online Store, the Buyer shall have the right to withdraw from the Contract (by sending an email to the Seller to the address of the online Store at info@dockboot.lt), and the Seller shall refund the money paid by the Buyer (if the payment was made) including the costs of the least expensive delivery option offered by the Seller within 14 (fourteen) calendar days from withdrawal from the Contract. The money shall be refunded to the banking account from which the payment was made or any other account of the Buyer specified in the notice of the Buyer about withdrawal from the Contract.

5.6. The Seller shall prepare and release the goods for delivery on working days from Monday to Friday, excluding the holidays approved by the Government of the Republic of Lithuania. The Buyer shall receive an email with the final confirmation that his/her order has been shipped.

5.7. Where the goods are not delivered and handed over to the Buyer at the agreed time through the fault of the Buyer or circumstances within his/her control (e.g. the specified delivery address was incorrect or neither Buyer nor another person who could accept the goods was present at the indicated address, the order was not accepted etc.), the Seller or the Courier at the request of the former shall additionally contact the Buyer and agree on a new delivery time acceptable to both parties. The Seller may charge an additional delivery fee for such repeated delivery of the goods. Should the Buyer unreasonably refuse to accept the goods during the repeated delivery, it shall be deemed that the Buyer withdrew from the Contract and the Buyer’s order shall be cancelled, by sending an email to this effect to the email address given by the Buyer in the registration form or in the placed order form. In this event, the Seller shall refund to the Buyer the money paid in advance (if any) within 14 (fourteen) calendar days from withdrawal from the Contract less the costs of delivery to the Buyer and return to the Seller. The money shall be remitted to the banking account from which the payment was made.

5.8. Upon delivery of the goods to the address specified by the Buyer, the goods shall be handed over to the Buyer or any other person present at the same address. The Buyer hereby confirms that he/she understands that any person present at the delivery address specified by the Buyer (hereinafter – Buyer’s representative) shall be deemed to be an eligible person to accept the goods.

5.9. Upon delivery of the goods, the Buyer (Buyer’s representative) shall check the condition of the parcel (whether the packaging is not crushed, wet, torn or otherwise externally damaged) together with the Seller or Courier (as appropriate) as well as the assortment, quantity and quality of the goods. Should any damages to the parcel and/or external appearance of the goods or assortment and/or quantity inconsistencies be detected, the Buyer (Buyer’s representative) shall note this in the delivery confirmation produced by the Seller or Courier (VAT invoice, waybill or other similar document) and, together with the Seller or Courier, draw up and sign an act on damages/inconsistencies of the parcel and/or product. Damages/inconsistencies noted at the time of handing over the goods shall be eliminated in accordance with the procedure and within the terms agreed upon by the Buyer and Seller.

6. Right to Withdraw from a Distance Contract and Return/Replacement of Goods in Good Quality

6.1. The Buyer (Customer) shall have the right to withdraw from the Contract on sales and purchasing of the goods concluded at the online Store without specifying the reason, by notifying the Seller thereof in writing within 14 (fourteen) calendar days from the goods delivery date. The Buyer’s notice in writing of the withdrawal from the Contract should be sent to the email of the online Store at info@dockboot.lt. To comply with the withdrawal term, it shall suffice for the Buyer to send a notice about the exercising of their right to withdraw from the Contract before the expiry of the withdrawal period.

6.2. In the event of withdrawal from the Contract on sales and purchasing of the goods, the item being returned/replaced must fully comply with the requirements below:

– the item may not have been worn or otherwise used. It should be undamaged and not deprived of its value;

– the item must be in its original manufacturer’s packaging (the packaging may be altered only to the extent necessary to examine the item);

– the item must bear all original labels/protective films.

6.3. The Buyer shall have to properly package the goods being returned and to send them to the addresses and using the methods prescribed under ‘Returns/Replacement’ at the online Store. In the event of withdrawal from (modification of) the distance Contract on sales and purchasing, the Buyer shall bear the costs of the item return (delivery) to the Seller.

6.4. Together with the item being returned/replaced, the Buyer shall submit to the Seller a completed request form that is supplied by the Seller together with the item, or a free-format request (specifying the item being returned, its features, quantity, price, contact data of the Buyer, and the banking account to which the money for the item being returned are to be refunded), as well as the document corroborating the purchase on the online Store (VAT invoice). In case of replacement, the form should specify other items offered by the Seller that are preferred instead of the ones being returned. Replacement is possible only subject to the availability of the desired items. When such items are not available, the Buyer shall be refunded the money. In case of replacement by a more expensive item, the Buyer shall pay the difference; whereas in case of a less expensive item, the Seller shall refund the difference.

6.5. In case of replacement, no additional delivery fee shall be charged from the Buyer.

6.6. Upon receipt from the Buyer of a notice in writing concerning the withdrawal from the Contract on sales and purchasing of the goods, the Seller shall refund to the Buyer the money paid for the goods (including the cost of the least expensive regular delivery option offered by the Seller) within 14 (fourteen) calendar days, however not before the item being returned has been received.

6.7. The Seller shall not be obligated to reimburse additional expenses incurred by the Buyer because the latter, when making the purchase, chose another delivery method than the least expensive option offered by the Seller.

6.8. The present Rules shall be also valid during clearance sales.

7. Rules for Replacement and Return of the Goods of Inferior Quality

7.1. Cases and conditions for replacement of the goods of inferior quality by the goods of suitable quality and for return of goods are prescribed in Art. 6.363 and 6.364 of the Civil Code and Retail sales rules approved by Resolution No 738 of the Government of the Republic of Lithuania on 22-07-2014.

7.2. The items shall be applied a 2 (two)-year quality warranty from the purchasing (receipt) of the item. The Seller shall be liable only for such defects of the item, which appear through no fault of the Buyer or not due to natural wear and tear, or unsuitable care (proper care instructions are included in the item description).

7.3. The Buyer shall not have the right to terminate the Contract if the defect of an item is of low significance.

7.4. If the Buyer purchased goods of unsuitable quality, the Buyer may, during the warranty period, return the goods and demand one of the following at his/her discretion:

– for the Seller to eliminate the defects of the item within a reasonable period and free of charge, if the defects can be eliminated;

– for an appropriate reduction of the purchasing price;

– for replacement of the item by a similar item of suitable quality;

– for a refund of the price paid and withdrawal from the Contract of sales and purchasing.

7.5. The Buyer may choose only one of the remedies provided for in para. 7.4 hereof. The Buyer must specify his/her choice when returning the item.If the Seller has no possibility to satisfy the choice of the Buyer under para. 7.4, the Seller should suggest an alternative option provided for in para. 7.4.

7.6. Should the Buyer terminate the Contract due to unsuitable quality of an item, the Seller shall be obligated to refund the price paid. The costs of return of an item of unsuitable quality and/or replacement by an item of suitable quality shall be borne by the Seller.

7.7. Goods shall be returned or replaced upon receipt from the Customer of a request (supplied together with the item) or free-format request of the Buyer in writing sent to the email address specified in the Rules. The request should specify the cause (quality defect of the item) why the Buyer was not satisfied with the item purchased and one of the options laid down under para. 7.4 hereof. To the request, a document corroborating the sales and purchasing of the item from the Seller (VAT invoice, invoice, payment card account statement) should be enclosed.

8. Final Provisions

8.1. The Seller shall have the right to suspend (terminate) the operations of the Store temporarily or indefinitely without informing the Buyer.

8.2. When commenting or sending any recommendation, the Buyer shall be liable for providing accurate, true and otherwise not misleading information and for not breaching the rights of third persons and requirements of the legal acts of the Republic of Lithuania. When commenting or sending any recommendation, the Buyer shall assume the responsibility for his/her actions.

8.3. The Seller retains the right to delete and/or correct the comments posted by the Buyer at any time, if the Seller believes that the Buyer failed to observe the requirements established in para. 8.2 hereof.

8.4. The Seller shall send to the Buyer all communications of any nature to the email address given by the later in the registration form or order form submitted.

8.5. The Buyer shall send to the Seller all communications, queries, complaints etc. to the email address of the online Store at info@dockboot.lt. The Buyer shall also have the right to contact the Seller by post at the Seller’s registration address: S. Mačiulio str. 12, LT- 35223, Panevėžys, Lithuania.

8.6. The present Rules do not restrict and shall in no case be construed as restricting the rights of the Buyer (Consumer) that are established in the legal acts of the Republic of Lithuania. The present Rules were drawn up in line with the legal acts of the Republic of Lithuania. The Contract on sales and purchasing of the goods concluded between the Buyer and Seller shall be applied the law of the Republic of Lithuania.

8.7. If the Buyer is not satisfied with the final response of the Store, he/she may apply to the State Consumer Rights Protection Authority at Vilniaus g. 25, 01402 Vilnius, Lithuania, email tarnyba@vvtat.lt, telephone 852626751, website www.vvtat.lt, its territorial divisions in counties or fill a form online in the ODR platform at http://ec.europa.eu/odr/.

8.8. Implementing the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the European Commission created the platform for online consumer dispute resolution:http://ec.europa.eu/odr/.

In Lithuania, the ODR platform allows solving the national disputes between the consumers and entrepreneurs pursuing online sales as well as those arising on the domestic market of the European Union independently, objectively, transparently, effectively, quickly and justly.The ODR platform is easy to use, and it can be accessed using all types of devices.The platform is multilingual. It also offers an automated translation service to facilitate the resolution of disputes between persons in different EU member-states. The State Consumer Rights Protection Authority has been appointed as the contact centre of the ODR platform in Lithuania and assists all parties of the dispute at any stage of the dispute resolution.

8.9. Any disagreements of the Buyer and Seller arising from the Contract on sales and purchasing of the goods or associated therewith shall be resolved in negotiations. In case of failure to reach a settlement, the disagreements shall be solved in accordance with the procedure established by the legal acts of the Republic of Lithuania.

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