Distance Sales Contract

This Distance Sales Contract is concluded between UAB BAJTEL.LT”, unified registration No. 304217805, legal address: Vikingų st. 3, Vilnius, LT-02182, Lithuania (“Seller”) and a natural or legal person (“Buyer”) who places an order or purchases a product on the internet sales website www.eleme.lt (“Website”). 

CONTENTS OF THE CONTRACT 

Subject of the contract

Registration

Placing an order

Validity of the contract

Price of the product and delivery costs

Payment

Delivery

Claims regarding non-compliant products

Use of the product

Warranty

Right of withdrawal and exercising it

Dispute resolution

Personal data

Responsibility

Other provisions

Contact information 

SUBJECT OF THE CONTRACT

1.1.    The Buyer orders, purchases and pays, while the Seller delivers and sells products presented on the Website and selected by the Buyer in accordance with the terms and conditions of this Distance Sales Contract (“Contract”).

1.2.    The Contract shall apply to all product orders and purchases made on the Website.

REGISTRATION

2.1.    In order to purchase products offered on the Website, a Buyer shall have the right to register and create a personal account on the Website (indicating their e-mail address, username and creating a password). The Buyer shall have the right to order a product without registering on the Website (indicating their name, surname, contact telephone number, e-mail address and other required information). Information about registering on the Website is provided in the Terms and Conditions for Use of the Seller’s Website.

PLACING AN ORDER

3.1.    The Buyer shall choose a product by acquainting themself with the product description, profile, main features and price, as well as by assessing its usefulness and compatibility with their needs.

3.2.    When confirming the order, the Buyer shall fill out an order form indicating the following information: 

– precise information about themself (name, surname, contact telephone number, e-mail address); 

– the chosen method of delivery and delivery address (if the chosen method of delivery requires the indication of an address); 

– the chosen method of payment; 

– comments (if the Buyer chooses to indicate such).

3.3.    The Buyer shall be responsible for filling out the order form with precise and accurate information. The Seller shall not be held responsible for damages arising to the Buyer or a third party due to the Buyer having indicated in incorrect address or incomplete data.

3.4.    Upon receipt of the Buyer’s order, the Seller shall send the Buyer a confirmation e-mail. If the Buyer does not receive a confirmation e-mail message from the Seller, then the Buyer’s order shall not have been accepted and this Contract shall not have come into force.

VALIDITY OF THE CONTRACT

4.1.    The Contract shall come into force when the Buyer has placed an order on the Website.

PRICE OF THE PRODUCT AND DELIVERY COSTS

5.1.    The price of products on the Website is indicated in EUR, including value added tax according to the rate stipulated in laws and regulations of the Republic of Lithuania. The product is sold to the Buyer for the price which was indicated on the Website at the time of placing the order.

5.2.    The price of the product shall not include the cost of delivery. The delivery cost shall be applied separately in accordance with the method of delivery chosen by the Buyer. Delivery costs are indicated to the Buyer on the Website prior to confirming the order and are included in the invoice issued by the Seller. The cost of delivery includes value added tax according to the rate stipulated in laws and regulations of the Republic of Lithuania.

PAYMENT

6.1.    The Buyer shall have the obligation to pay for the product and the chosen delivery method in the order and by the deadline stipulated in the Contract.

6.2.    The Buyer shall pay for the ordered product and its delivery using the payment method chosen by the Buyer on the Website.

6.3.    Payment for the product and chosen method of delivery shall be deemed as executed when the Seller has received the payment for the product and chosen method of delivery in full.

6.4.    In the event of the Seller having the obligation to return to the Buyer the money paid for the product and its delivery as stipulated under this Contract, the Seller shall return the aforementioned funds to the Buyer by the same payment method as initially used by the Buyer when purchasing the product, except if the Buyer has explicitly consented to another payment method and the use of this payment method does not incur any charges to the Buyer.

DELIVERY

7.1.    At the time of placing the order, the Buyer shall have the opportunity to choose a method of delivery.

7.2.    The Seller and the Buyer shall agree that the delivery cost stipulated under Paragraph 7.1. of this Contract is subject to change based on changes in the tariffs set by the delivery service provider.

7.3.    The average delivery time within the territory of Latvia shall be 2 to 10 business days. The aforementioned delivery times are subject to change based on availability of the product in the warehouse. The Seller shall have the right to deliver the product to the Buyer within 30 (thirty) calendar days from the day when the order was placed or within a different term mutually agreed upon by the Seller and the Buyer. If the products ordered by the Buyer are not available at the Seller’s warehouse or are not available in sufficient supply, the Seller shall inform the Buyer of this. In such an event the Buyer shall have the right to unilaterally withdraw from the Contract, and the Seller shall have the obligation to return to the Buyer the money they have paid for the product and its delivery without undue delay, but no later than within 5 (five) business days from the day of terminating the Contract.

7.4.    The product shall be delivered only within the territory of the Republic of Lithuania or a different territory stipulated by the Seller. The Seller shall accept the order only if the address indicated by the Buyer is located within the territory of the Republic of Lithuania.

7.5.    The product ordered by the Buyer shall be delivered to the address indicated by the Buyer. The Buyer shall accept delivery of the product in person. In the event of the delivery of the product being accepted by another person at the delivery address indicated on the order, it shall be considered that the product has been accepted by the Buyer.

7.6.    Depending on the method of delivery of the product chosen by the Buyer, the Buyer shall ensure the following: 

– when collecting the product at the Garmin store, the Buyer shall present a personal identification document when accepting delivery of the product; 

– the Buyer shall be present at the delivery address indicated on the order when the product is delivered and shall immediately accept the delivery, sign the delivery document (the waybill), shall make the necessary indications on it (if such are needed), and shall return a copy of the waybill to the courier; or 

– the Buyer shall collect the product from the Pickup Parcel Station indicated on the order within the period stipulated by the parcel delivery service provider.

7.7.    In the event that delivery of the product is not possible due to the actions of the Buyer or due to circumstances within the Buyer’s control (including, but not limited to the Buyer having indicated an incorrect address, the Buyer not being present at the indicated address, the indicated address cannot be accessed, the Buyer fails to collect the product from the Pickup Parcel Station within the period stipulated by the parcel delivery service provider) the Seller shall have the right to refuse repeated delivery of the product and shall have the right to unilaterally withdraw from the Contract. In such a case the Seller shall return to the Buyer the money paid for the product and its delivery. If at the time of placing the order the Buyer was not charged for the delivery of the product or received a discount on delivery, but delivery of the product is not possible due to the fault of the Buyer, the Seller shall have the right to withhold full payment for the delivery of the product from the amount to be returned to the Buyer.

7.8.    By signing the invoice, waybill or other delivery/acceptance document (“Delivery Confirmation”) the Buyer confirms that the product has been delivered in good condition and its packaging is undamaged.

7.9.    If at the time of delivery the packaging of the product is wrinkled, wet or has suffered other external damage, the Buyer shall note these defects on the Delivery Confirmation or issue a separate document regarding these defects. The Buyer shall do so in the presence of the courier. The Seller shall not be held responsible for such inadequacies of the product which were clearly visible at the time of delivery but where not noted on the Delivery Confirmation.

7.10.  When the product is delivered to the Buyer, the risk of loss or damage to the product shall be assumed by the Buyer from the moment when the product is deemed to have been delivered to the Buyer in accordance with the terms of this Contract. 

CLAIMS REGARDING NON-COMPLIANT PRODUCTS

8.1.    At the time of delivery of the product the Buyer shall verify whether the product complies with the Buyer's order and terms of the Contract (e.g., verifying the compliance of the name, model, colour and other clearly visible crucial parameters).

8.2.    In the event that the Buyer (a legal entity) discovers that the delivered product does not comply with the Buyer’s order or the terms of this Contract, the Buyer (a legal entity) shall without undue delay inform the Seller of the non-compliant product by sending to the Seller a written submission indicating the non-compliance of the product to the Buyer's order or the terms of this Contract. The Seller shall verify the data contained in the submission within 5 (five) business days from the day of receiving the submission, and shall contact the Buyer to resolve the situation.

8.3.    In the event that the Buyer (consumer) discovers that the delivered product does not comply with the Buyer’s order or the terms of this Contract, the Buyer shall have the right to submit a claim to the Seller on the non-compliance of the product to the terms of the Contract within 2 (two) years from the date of purchasing the product by submitting to the Buyer a written claim application indicating the non-compliance of the product to the Buyer’s order or the terms of this Contract within 2 (two) months from the date when the Buyer has discovered the non-compliance of the product to the Buyer’s order or the terms of this Contract.

8.4.    In the event that a product which is non-complaint with the order or the terms of this Contract has been sold to the Buyer (consumer) and its non-compliance does not qualify as minor under the terms of this Contract, the Buyer shall have the right to request that the Seller remedies the non-compliance to the order or the terms of this Contract free of charge or replaces the product with one that is in compliance with the order or the terms of this Contract unless doing so is impossible or incommensurate. In the event that the Seller has failed to fulfil the aforementioned obligations within a reasonable period of time or has performed them while causing significant inconvenience to the Buyer, the Buyer shall have the right to request that the Seller reduces the price of the product or voids the Contract and shall have the right to request that the Seller returns the money paid for the product. In the event that the price of the product is reduced or the Contract is cancelled and the money paid by the Buyer is returned, the Seller shall have the right to take into consideration the depreciation of the product.

8.5.    Claims regarding non-compliance of a product to the Buyer’s order or the terms of this Contract shall be sent to: 

– by post to the following address: Garmin store in Nørdika shopping valley, Vikingu st. 3, Vilnius; or 

– electronically to the Seller’s e-mail address: [email protected]

USE OF THE PRODUCT

9.1.    Prior to commencing use of the product the Buyer shall thoroughly read the instruction manual of the product.

9.2.    The product shall only be used in accordance with the manufacturer’s instructions and terms and conditions for use and in accordance with the product’s features and intended use.

9.3.    Upon receiving the product, the Buyer (consumer) shall have the right to examine the nature, features and functioning of the product insofar as would be possible when purchasing the product in person. 

WARRANTY

10.1.  The Seller shall not provide a voluntary commercial warranty for the product. The product shall carry the manufacturer’s warranty. The terms and conditions of the manufacturer’s warranty stipulate the conditions and period of validity of the warranty, the procedure for claiming non-compliance to the product description, as well as the warranty service and rules for submitting a claim.

10.2.  When purchasing the product, warranty documentation (an electronic waybill containing the warranty ticket) shall be issued to the Buyer. The waybill is created electronically and is valid without a signature.

10.3.  The product warranty shall be valid only if the product documentation contains correct and accurate information about the product model, serial number and date of sale. It is prohibited to modify in any way, delete or rewrite the data contained in the manufacturer’s warranty documents. In the event of identifying that any modification, deletion or rewriting of the data contained in the manufacturer’s warranty documents has taken place, the documents shall be voided. 

RIGHT OF WITHDRAWAL AND EXERCISING IT

11.1.  The Buyer (consumer) shall have the right to exercise the right of withdrawal established by the Consumer Protection Law of the Republic of Lithuania and Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” and to unilaterally withdraw from the Contract without providing any justification to the Seller. Information on how the Buyer’s (consumer) right of withdrawal shall be exercised is provided in the Rules on Right of Withdrawal, which are an integral part of this Contract. 

DISPUTE RESOLUTION

12.1.  Paragraph 12.2.-12.6. shall apply to disputes, arguments or discord arising between the Buyer (consumer) and the Seller.

12.2.  Any dispute, argument or discord arising between the Buyer (consumer) and the Seller shall be resolved through negotiation with the Buyer and the Seller seeking a settlement. In the event that the dispute cannot be settled through negotiation, the Buyer shall submit to the Seller a written submission by sending it to the Sellers e-mail: [email protected]. 

In the submission the Buyer shall indicate the following:

– their name, surname and contact telephone number;

– the date of submitting the submission;

– the essence of the dispute, their claim and the justification thereof. 

12.3.  The Buyer shall amend to the submission copies of documents confirming the purchase, as well as other documents justifying the submission (if applicable).

12.4.  The Seller shall within 15 (fifteen) business days from the date of receiving the submission provide the Buyer with a written response by sending it to the e-mail address indicated by the Buyer. In the response, the Seller shall inform the Buyer of the following:

– the possible method of settling the claim; or

– a resolution to the dispute, if an agreement has not been reached within the aforementioned period of time regarding the settlement of the Buyer’s claim, or an alternative means of settling the claim; or

– the groundlessness of the claim and the refusal of settlement. 

12.5.  In the event that the Seller is justifiably unable to provide a response to the Buyer’s submission within the period stipulated under Paragraph 12.4., the Seller shall immediately inform the Buyer in writing indicating a reasonable term within which the response shall be provided and justifying the necessity of this term extension.

12.6.  In the event that the Seller deems the Buyer’s claim to be groundless, but the Buyer does not agree with the conclusion on the groundlessness of their claim or if the Buyer is dissatisfied with the resolution to the dispute offered by the Seller, the Buyer shall have the right to exercise the alternative dispute resolution options stipulated by the Consumer Rights Protection Law of the Republic of Lithuania or submit a claim against the Seller to a court of the Republic of Lithuania based on the jurisdiction stipulated by the laws and regulations in force in the Republic of Lithuania.

12.7.  Any dispute, disagreement, discord or claim arising between the Buyer (legal entity), who is not qualified as a consumer, and the Seller and which arises from the Contract ,pertains to its execution or violation, termination or invalidation, shall be resolved in a court of law of the Republic of Lithuania according to the jurisdiction stipulated by the laws and regulations in force in the Republic of Lithuania. 

PERSONAL DATA

13.1.  By registering and/or ordering a product on the Website, the Buyer consents to the Seller as a personal data handler selecting, collecting, systemising and using all information and data, which the Buyer has directly or indirectly disclosed on the Website. More information about personal data processing performed by the Seller is available in the Privacy Policy, which is an integral part of this Contract. 

RESPONSIBILITY

14.1.  The Seller shall not be held responsible in cases where damages arise from the illegal actions or violation of the terms of this Contract by the Buyer.

14.2.  In the event of damages being incurred, the guilty party shall compensate any direct damages to the other party.

14.3.  The Seller shall not be held responsible for delay or failure to execute obligations or any other non-performance caused by force majeure, namely, due to any circumstances or obstacles which were not known to the Seller at the time of concluding this Contract and which are beyond the reasonable control of the Seller, including, but not limited to environmental or climatic anomalies, strikes, governmental decrees, warfare or national state of emergency, terrorist threats or terrorist acts, third party non-performance, internet connection disruptions, as well as malfunction or damage of computer hardware or software. In the event of such force majeure, the Seller shall attempt to resolve any delays as soon as possible. 

OTHER PROVISIONS

15.1.  The Buyer shall attest that they are a natural or legal person of legal capacity.

15.2.  The Seller shall have the right to assign the rights and obligations arising from this Contract to a third party.

15.3.  In the event that the Buyer has failed to make a payment to the Seller in accordance with this Contract, the Seller shall have the right to assign its claim against the Buyer to a third party for the purposes of debt recovery. The Buyer shall concede that in the event of failing to repay the debt, the Seller shall have the right to disclose the information necessary for debt recovery, including, personal data, to third parties who may process this data in accordance with applicable legislation.

15.4.  This Contract has been drafted in accordance with the laws and regulations in force within the Republic of Lithuania. The Buyer and Seller shall resolve any issue which is not regulated by this Contract in accordance with the laws and regulations in force within the Republic of Lithuania.

15.5.  The Consumer Rights Protection Law of the Republic of Lithuania shall apply to the Buyer – a consumer, who, pursuant to Section 1(3) of the Consumer Protection Law of the Republic of Lithuania, is a natural person expressing the wish to purchase, purchasing or possibly purchasing or using a product for a purpose unrelated to the person’s economic or professional activity.

15.6.  The Buyer can find additional information about exercising the right of withdrawal and dispute resolution on the website of the Consumer Rights Protection Centre: https://www.vvtat.lt/.

15.7.  By placing an order on the Website, the Buyer thereby confirms that they have read, understood and fully agree with this Contract and the terms and conditions contained therein. The Buyer shall acquaint themself with the terms and conditions of the Contract at each separate purchase event. The Buyer shall not have the right to order a product on the Website without first reading and accepting the terms and conditions of this Contract.

CONTACT INFORMATION

16.1.  Any questions the Buyer may have about this Contract or the implementation thereof shall be submitted in writing to the Seller’s e-mail address [email protected] or orally by telephone: +37061229293.