Terms and conditions
I. General provisions.
1.1 These rules (hereinafter – the Rules) were created to ensure your (hereinafter – the Buyer) and “Individus”, Sp. (hereinafter – the Seller), selling goods via electronic store www.indi.lt (hereinafter – the Store), rights, to determine the duties of both parties, their responsibilities and other purchase – sale in the Store related provisions.
1.2. The information about the Seller of goods is provided in the e-Store under “Let us Communicate”.
1.3. The Rules are applied when the Buyer in any manner or form is using the electronic Store: familiarizes with the range of goods the Store is offering, prepares an order, provides personal or other data, carries out payment for ordered goods, receives goods, reads the information and/or carries out any other actions related to the use of electronic Stores and proposals offered at the e-Store.
1.4. Before starting to use the electronic Store and the proposals of the Seller offered at the Store, the Buyer must read and familiarize with these Rules. Buying goods online from the e-Store the Buyer confirms that he agrees with these rules.
1.5. The Seller is exempt from any liability in the cases of loss or other adverse effects that are due to the Buyer not being familiar with the Rules, advice or information of the e-Store, although this option was available.
1.6. The Seller reserves the right to change the Rules at any time, publishing amended Rules on the website of electronic Store. The amendments shall enter into force from the moment of publication and shall apply to all transactions concluded after the announcement.
1.7 General Rules and conditions of Sale do not regulate ongoing sales of supplying services or other activity of a third party that may be on Indi.lt website via links, banners or hypertext links. Before sending orders, purchasing goods or services from any third party, it is recommended to check the conditions of the third-party on the website, from which you may be offered to buy the product. “India” is under no circumstances responsible for the supply of services or for e-commerce operations between Indi.lt users and third parties.
II. Entering into Agreement
2.1. The agreements of purchase and sale of goods (hereinafter – Agreement) in the electronic Store are entered into in electronic form. The Seller entering into these Agreements with Buyers, is guided by the Civil Code of the Republic of Lithuania, and “The rules of sale of items and provision of services when the agreements are entered into by means of communication” approved by order of the Minister of Economy № 258 of August 17th, 2001.
2.2. The right to buy via the electronic Store of the Seller have: capable physical persons; minors from fourteen to eighteen years of age only with a parent or guardian’s consent, except in cases where they dispose of their own income; legal entities, as well as authorized representatives of all of the above mentioned persons. The Buyer by agreeing to these Rules, confirms that he has the right to buy via the Seller’s online store.
2.3. The purchase – sale Agreement between the Buyer and the Seller may be made and shall take effect from the moment the Buyer has formed an online Store shopping cart, has stated delivery address and other data, and has clicked the”Pay” link. In cases where the Buyer does not agree to all or some of the Rules, he must not put the order.
2.4. Upon the entering the purchase – sale Agreement the Seller sends the Buyer an additional automatic electronic notification of the receipt of Buyer’s order, with the list of ordering goods, their exact number, and provided order number specified in it. Notification is sent to the e-mail address the Buyer has provided in the order form.
2.5. These Rules, the Delivery, Payment and Return provisions that forming part of the Rules, the information about the Seller published on the website of the e-Store, as well as the electronic notification of receipt of the Buyer’s order by the Seller, are considered an integral part of the Agreement between the Buyer and the Seller.
2.6. The Agreement between the Buyer and the Seller is valid until the parties fully execute obligations under the Agreement or until its completion in accordance with these Rules.
III. Product and prices
3.1. The properties of each item sold in the online Store are given the description of the relevant item. The goods offered by the Seller cannot perfectly match the image and colors as the products shown in the photos – are produced in small quantities and are usually handmade. The Seller is not responsible if goods presented in the online Store do not match the color, shape and other parameters the color, shape and other parameters of the actual goods due to the characteristics and (or) settings of the browser or display used by the Buyer.
3.2. The Seller shall have the right to change the supply of goods in the electronic Store at any time without notifying the Buyer of this.
3.3. The price of each of the items for sale is provided in Euro and is indicated by the electronic Store next to the items, is indicated in the order formed by the Buyer and in the electronic notice of receipt of the order the Seller sent the Buyer. The Seller is obliged to sell the goods to the Buyer at the prices valid at the time of placing the order.
3.4. The item price includes the value-added tax (VAT).
3.5. The item price does not include the delivery to the Buyer charge. Delivery charges applied are listed in the point 5.2 of these Rules.
3.6. The Seller has the right, in its sole discretion, to determine the minimum size of a shopping cart of goods, i.e., the minimum amount at which the order of the Buyer shall be completed.
IV. Payment for the goods
4.1. The Buyer pays for the goods and delivery using the online banking system,
4.2. Payments for goods and delivery, using the services of a bank, may be the subject to bank’s commissions and (or) other fees for the operations.
4.3. The Seller begins to implement the Buyer’s order of the goods only after receiving full payment for the goods and their delivery. Payment is considered made when the full amount is received and credited to the Seller’s bank account.
4.4. The Buyer has to pay for the goods and delivery no later than 3 (three) business days after entering into the purchase – sale Agreement. If the Buyer does not pay the goods and delivery within 5 (five) business days after entering into the purchase – sale Agreement, the Buyer is deemed to withdraw from this contract, and the corresponding order of the Buyer is canceled.
4.5. The Seller is obliged to provide the Buyer with all required and correct information necessary for the payment for goods and delivery services. However, the Seller does not accept any responsibility for the banks, whose services have been used, completing the Buyer’s payment to the Seller, improperly provided services and the associated losses. The Seller also disclaims any liability arising out of the Buyer’s mistakes in the formulation and execution of a payment order.
V. Delivery of goods
5.1. The goods at the expense of the Buyer are delivered by the Seller or on behalf of the Seller by courier services company (hereinafter – Courier). Delivery services are provided throughout the territory of the Republic of Lithuania and the European Union. The goods are delivered to the address indicated by the Buyer at the time of registration or in the order form.
5.2. The delivery fee throughout the Republic of Lithuania and the European Union depends on the item’s size and weight. The exact delivery rates are indicated on the website of the Lithuanian Post at http://www.post.lt/lt/pagalba/kainu-skaiciuokle/index/parcel.
5.3. Usually the goods are delivered at the Buyer’s address within 2 weeks. The delivery time to the European Union countries – 3 weeks. The Buyer agrees that due to unforeseen circumstances as an exception, delivery may be delayed, but in any case, the goods are to be delivered no later than within 30 (thirty) calendar days. In this case, the Seller immediately contacts the Buyer arranges the terms of the delivery of the goods. Product submission period begins after the Seller receives the Buyer’s payment for the goods and delivery services.
5.4. In all cases, the Seller is released from liability for delay in delivery of goods, if the goods are not delivered to the Buyer or delivered late due to the fault of the Buyer or due to the circumstances that do not depend on the Seller. 5.4.a. An additional fee of Lt 13.32 including VAT is applied if, when delivering the parcel, the Courier is waiting for more than 15 minutes because of the Buyer’s (recipient’s) fault, counting from the time of arrival of the Courier to the Buyer (recipient), for every 30 minutes of waiting of the Courier. Courier’s waiting time is rounded up to the intervals of 30 minutes to the bigger part. The Buyer (recipient) unconditionally undertakes to compensate these costs.
5.5. If delivery is delayed by more than 10 (ten) working days not due to the fault of the Buyer or Buyer-related circumstances, and the parties fail to reach an agreement on the new terms of delivery of the goods ordered, or the replacement of the goods to their counterparts or other goods from the electronic Store, the Buyer has the right to withdraw from the contract (informing the Seller via e-Store’s e-mail firstname.lastname@example.org), and the Seller undertakes to refund the Buyer the money paid in advance (if such payment was made) within 15 (fifteen) calendar days after the termination of the contract. Money is transferred back into the bank account from which the payment was made, or to another account the Buyer indicated in the notice of withdrawal.
5.6. Goods are delivered on weekdays from Monday to Friday, at the time agreed with the Buyer in advance.
5.6.1 Your order will be delivered to a specific address, i.e., directly to your home or workplace, therefore remember to indicate the exact name, address, zip code and phone number. In addition, be sure to specify the time interval in which you wish to receive the delivery.
5.6.2 The Seller gives the Buyer the opportunity to take back the goods himself for free. Such a withdrawal by the Buyer must be discussed with the Seller by means of communication presented at the website of the e-Store.
5.7. Upon the delivery to the Buyer’s address, goods are transferred to the Buyer or to any other person present at the address given by the Buyer. The Buyer confirms his understanding that any person present at the address given by the Buyer (hereinafter – the Buyer’s Representative) will be considered as a proper person to accept the goods.
5.8. Upon the delivery the Buyer (the Buyer’s Representative) together with the Seller or Courier, who had delivered the goods, must check the parcel’s condition, product range, quality and quantity. Noticing the damage in the appearance of the parcel and (or) the product, discrepancies in the range of goods and (or) a shortfall, the Buyer (the Buyer’s Representative) must mark it in the delivery confirmation, given by the Seller or the Courier (VAT invoice, bill of lading or equivalent document) and together with the Seller or the Courier to write and sign the free-form parcel (or) goods irregularities / discrepancies act. If the Buyer (the Buyer’s Representative) has not the completed all of the steps in the presence of the Seller or Courier, the Buyer has no right to make claims against the Seller because of the external appearance of items or (and) parcel, the range of products and (or) quantity discrepancies. Transferring the goods to capture The irregularities / discrepancies, noticed by the Buyer at the time of accepting the delivery, are eliminated by the Buyer and the Seller on agreed terms and conditions.
5.9. If the Buyer (the Buyer’s representative) signs the delivery confirmation (VAT invoice, bill of lading or equivalent document) without comment, it is assumed that the goods have been delivered undamaged in an intact packaging; the quantity and quality of goods correspond to the purchase – sales Agreement.
VI . Return of goods
6.1. The Buyer (Consumer) has the right to withdraw the purchase – sale agreement, entered into at the e-Store, giving a 7 (seven) working day notice, counting from the day of delivery of goods, to the Seller, if goods purchased in the Indi.lt e-Store are defective or the buyer received the wrong order by mistake. A written notice of withdrawal must be submitted to the e-Store’s e-mail address email@example.com.
6.2. The Buyers can also use his right to withdraw the Agreement according to the point 6.1. of these Rules in the case the returned item meets the following requirements:
6.2.1. the item cannot be used, it must be intact and has not lost its value;
6.2.2. the item must be in the original manufacturer’s packaging (the packaging can be changed only to the extent that was necessary to inspect the goods) and of marketable appearance;
6.2.3. the item must remain all labels pinned.
6.3. The Buyer must deliver the returned goods (by courier, by mail or personal delivery) to the Seller at the address, specified in the contact section of the e-Store.
6.4. Together with the returned item the Buyer must submit the completed application form of product return / exchange (stating the item returned in it, and the bank account, which the money for the returned goods has to be credited to) to the Seller and the document proving the purchase at an online Store (VAT invoice).
6.5 . The Seller, upon receipt of the written notice of the withdrawal of the purchase – sale Agreement, described in point 6.1. Of these Rules, within 15 fifteen calendar days returns the money paid for the goods, deducting 10% for the cost of the restoration and the expertise in determining the non-conformity or defect, provided that the goods are returned in line with the rules stated in the point 6.2. of these Rules. The delivery fee is not refundable.
6.6. The Buyer’s rights when he has purchased defective goods are defined by Civil Code of the Republic of Lithuania and “Rules of exchanging and returning goods” approved by the Order №. 217 of the Minister of Economy of Republic of Lithuania of June 29th, 2001, in addition to taking points 6.3- 6.5. of these Rules into account.
6.7. The Seller does not guarantee the quality of any goods purchased in the electronic Store.
VII. Personal data management
7.1. When the Buyer is ordering goods from the online Store registration is not obligatory, however, for the proper execution of the order it is necessary to provide such personal information as name, surname, e-mail address, address to which the goods will be delivered, telephone number, and other information specified in the order.
7.2. Buyers by registering in the online Store and (or) by placing an order, confirms that he agrees to submit personal data specified in these Rules and in the order placement form, and does not object to the Seller processing the data for the purposes specified in the point 7.3. of these Rules.
7.3. Buyer’s personal data are collected and processed for the following purposes: to enter into the Agreement, to process the order of goods, to issue financial documents, to solve the issues related to the delivery of goods and transfer, to fulfill other contractual obligations.
7.4. The Buyer is responsible for the accuracy of the personal data provided in the order placing form or other usages of the electronic Store and takes responsibility for the consequences arising out of the falsity or inaccuracy of the data.
VIII. Final Provisions
8.1. If the Buyer is trying to undermine and (or) harm smooth operation of the e-Store and (or) its stable operation, or breaches his obligations, the Seller shall have the right at any time, without prior notice, to limit or stop (terminate) the Buyer’s access to the e-Store services.
8.2. All disagreements between the Buyer and the Seller that come from the purchase – sale Agreement or in connection with it, shall be settled by negotiation of the parties. Failing to reach an agreement, the dispute shall be settled by the Lithuanian legal acts.
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