Terms and Conditions

Terms and Conditions of trading of JSC „Nikvera” Online Store www.nikvera.lt/shop

1. Definitions
   1.1. These e-commerce Terms and Conditions (hereinafter referred to as the – „Terms“) are mandatory and integral part of the purchase and sale agreement concluded between JSC „Nikvera“ Online Store https://www.nikvera.lt/shop (hereinafter referred to as the „Seller“) and the customer (hereinafter referred to as the „Buyer“), which acquaint the Buyer with the terms and conditions for the purchase from the Seller and define the rights and obligations of the Seller and the Buyer in connection with the purchase and sale of goods in the Online Store.
   1.2. Privacy policy – regulates the principles and procedure for the collection, processing and storage of personal data by JSC “Nikvera” Online Store and the Buyer.
   1.3. Buyer – a person who has committed a purchase at the Online Store https://www.nikvera.lt/shop (hereinafter referred to as „Online Store”) and complies with the provisions of clause 2.3 of these Terms.
   1.4. Seller – legal entity JSC „Nikvera”, registered with the Republic of Lithuania state enterprise „Centre of Registers”. Legal entity code 303481944, VAT payer code LT100011828014, registration address Perkūnkiemio str. 13-91, 12114 Vilnius, Lithuania, business address Savanoriu ave. 40, 03121 Vilnius, Lithuania.
   1.5. Parties – Buyer and Seller together.
   1.6. Online Store – under link https://www.nikvera.lt/shop accessible Online Store managed by the Seller.
   1.7. Purchase and sale agreement – distance purchase and sale contract concluded between the Buyer and the Seller, which is considered to be concluded from the moment when the Buyer at the Online Store https://www.nikvera.lt/shop, having formed a basket of goods, has indicated the delivery address, has chosen the payment method and has agreed (by ticking „I have read and agree to the page Terms and Conditions” after having read them) with these Terms and Privacy Policy, click the purchase button.
2. General provision
   2.1. The Purchase and sale agreement obliges the Seller to sell and deliver the item to the Buyer for the price announced at the Online Store, and the Buyer to pay for the item and its delivery in accordance with the conditions stipulated in the Terms.
   2.2. Only those persons who agree to these Terms and Privacy Policy may purchase items in the Online Store. The Buyer confirms that he has read the Terms and agrees with them by ticking „I have read and agree to the page Terms and Conditions”. The Terms thus approved become the legal document defining the relations between the Parties. The Seller has the right to change the Terms, therefore the Buyer must re-familiarize himself with the Terms before purchasing another time. Changes to the Terms take effect from the moment they are posted in the Online Store.
   2.3. The following have the right to shop in the Online Store:
   a) Active natural persons, i.e. persons of legal age whose capacity is not restricted by court order.
   b) Minors from the age of fourteen to eighteen with parent consent.
   c) Legal persons.
   d) Authorized representatives of aforementioned persons.
   By confirming the Terms, the Buyer confirms that he has the right to shop in the Online Store.
   2.4. Buyer must familiarize himself with the Privacy Policy published by the Seller before purchasing goods in the Online Store. Buyer expresses his consent/disagreement with the processing of personal data in the manner provided for in the Privacy Policy by ticking/not ticking “I have read and agree to the page Terms and Conditions” checkbox. Buyer cannot shop in the Online Store if he doesn’t express his consent with Privacy Policy.
3. Order of goods, conclusion of Purchase and sale agreement
   3.1. Goods at the Online Store can be ordered both by registered and unregistered Online Store users.
   3.2. The Buyer has the right to select and order any item from the catalogs of the Online Store. Information about the product, its stock and the estimated time of delivery are presented on the product card in the Online Store.
   3.3. When ordering a product from the Online Store, the Buyer must provide the complete and correct information in the order window. If the Buyer’s personal data has changed and the Seller hasn’t been informed about it, the Buyer assumes all the consequential risk of losses.
   3.4. The Purchase and sale agreement is considered concluded when the Buyer concludes this sequence of actions:
   a) Selected goods are added to the cart.
   b) Delivery method is chosen.
   c) The method of payment for the goods is chosen.
   d) The order is confirmed by the Buyer.
   e) The Buyer receives a confirmation email letter for the order prepared by the Seller.
   3.5. The Seller, having received the Buyer’s order, has the right to refuse to approve it in cases where any of the Terms are violated and in other cases, the reasons of which are indicated individually to the Buyer.
   3.6. All Purchase and sale agreements concluded between the Buyer and the Seller are Stored in the Seller’s database and upon Buyer’s request can be provided to him in electronic form.
4. Buyer‘s rights and obligations
   4.1. The Buyer has the right to in the Online Store in accordance with the Rules.
   4.2. The Buyer, using the Online Store, undertakes to comply with these Terms and not to violate the legal acts of the Republic of Lithuania.
   4.3. The Buyer have the right to change the purchased item or to cancel the Purchase and sale agreement according to conditions outlined in parts 8-9 of these Terms and in accordance with the procedure provided for in the Civil Code of the Republic of Lithuania.
   4.4. The Buyer has the right to use the warranty for the purchased goods, to change or return the defective goods and other rights enshrined in these Terms and related legal acts of the Republic of Lithuania.
   4.5. The Buyer undertakes to pay for the goods and services purchased in the Online Store and receive them in accordance with the procedure provided by the Terms, i.e. be in a specified place at the specified time and accept ordered goods.
   4.6. The Buyer is obliged to provide correct data when purchasing or registering in the Online Store. If the Buyer’s personal data changes, the Buyer undertakes to update this information without delay.
   4.7. The Buyer undertakes not to transfer its Online Store login data to third parties. Upon loss of login data, the Buyer undertakes to inform the Seller not later than within one calendar day.
   4.8. It is forbidden for the same Buyer to register and use several different names in the Online Store.
   4.9. The Buyer is responsible for all of his actions committed using the Online Store. The consequences of the incorrect data provided by the Buyer are the sole responsibility of the Buyer.
5. Seller‘s rights and obligations
   5.1. The Seller undertakes to provide the Buyer with all conditions for use of the Online Store services in accordance with the procedure stipulated by these Terms.
   5.2. The Seller reserves the right, without separate notice, to cancel the Buyer’s order and / or his account and restrict the use of the Online Store in cases where the Buyer violates these Terms or legal acts of the Republic of Lithuania and when the Buyer’s activities are directed against the safe and stable operation of the Online Store.
   5.3. The Seller has the right, without a separate notice, to cancel the Buyer’s order, if chosen the payment methods provided for in Clause 6.2 of the Terms, he does not pay for the goods within three working days.
   5.4. The Seller has the right to change the information provided in the Online Store, including these Terms. The Seller informs about such changes in the Online Store.
   5.5. The Seller undertakes to deliver the goods ordered by the Buyer to the provided address as well as to accept the goods returned by the Buyer in accordance with the Terms.
   5.6. The Seller undertakes to offer to the Buyer an analogous product or a similar product as far as possible comparable to its characteristics in cases where, due to important circumstances, the Seller cannot deliver the goods ordered by the Buyer. If the Buyer refuses to accept the proposed similar product, the Seller undertakes to return to the Buyer the money paid for the item (if the Buyer has made an advance payment) within 5 business days.
   5.7. The Seller is not responsible for the actions of third parties when using the Buyer’s electronic banking system, they enter into the Purchase and sale agreement using Online Store services.
   5.8. The Seller is not liable for the actions of third parties using the Buyer’s login data until the Buyer informs the Seller about the loss of his login data. In this case, the Seller has the right to consider that the actions on the Online Store were performed by the Buyer.
6. Price of goods, order of payment and terms
   6.1. The prices of goods on the Online Store are indicated in Euro with the current value added tax (VAT).
   6.2. The Buyer can pay for the ordered goods in one of the following ways:
   a) Direct bank transfer (BACS. After choosing this payment method, the Buyer will need to transfer money according to the details specified in the order);
   b) Electronic banking (by choosing this payment method the Buyer can choose the most convenient form of payment and the system will automatically redirect to the payment page);
   c) Payment by debit and credit cards;
   d) Payment through the PayPal;
   e) Payment in cash or by debit or credit card at the time of collection of the order;
   f) C.O.D. – Cash on Delivery (Payment to the courier upon delivery. Only in Lithuania).
   6.3. Delivery time starts to run from order confirmation. The order is confirmed by informing the Buyer by e-mail: a) after the completion of the order procedure, when Buyer chose to pay during handover of the purchased items; b) upon receipt of the advance payment by the Seller.
   6.4. The price of the item cannot be changed after the confirmation of the order, unless it is adjusted due to technical information systems or evident human error or other objective reasons beyond the control of the Seller. If the Buyer does not agree to purchase the item at a new price, the Buyer has the right to cancel his order within 2 days informing the Seller and recovering the money paid for the item.
   6.5. Purchase documents are submitted to the Buyer by e-mail indicated on the registration or purchase form. These documents, if the Buyer is registered in the Online Store, are also placed in his personal account.
7. Delivery of goods
   7.1. Delivery rates and conditions are provided in the „Delivery” section of the Online Store.
   7.2. The delivery of the goods to the Buyer is payable (orders over 50 EUR are delivered free of charge in Lithuania).
   7.3. The Seller is released from liability for violation of the terms of delivery if, due to the fault of the Buyer or due to factors beyond the Seller, the goods are not delivered to the Buyer or not delivered in a timely manner.
   7.4. The Buyer must check the condition of the shipment with the Seller or his authorized delivery partner at the moment of the delivery of the goods. By signing the delivery document/electronic device, the Buyer confirms that he has no complaints about the condition of the parcel and its contents and that there are no damages to the items the nature of which is not attributable to the factory defect. The Buyer must leave his notes in the delivery document/electronic device and, in the presence of the Seller or his authorized delivery partner, to draw up a free-form shipment defect act when it has been affixed that the package has been damaged (wrinkled, wet or externally damaged) and/or the package is incorrect. The Seller is relieved of responsibility for product defects, the cause of which is not due to factory defect or non-conformity of the product, if such defects can be noticed during the inspection of the goods during the transfer of the goods.
   7.5. Goods are delivered to the home of the Buyer and handed over to him upon signing in the electronic device of the authorized delivery partner. After the Buyer signs for the delivery in the authorized delivery partner delivery document/electronic device it is considered that the parcel has been properly delivered and the risk of its failure or breakage is passed to the Buyer.
   7.6. If the goods delivery to the Buyer cannot be performed or if the Buyer doesn’t come to pick them up, the goods are returned to the Seller, the order is cancelled and they Buyer is given back his paid sums except amount paid for the delivery of the goods.
8. Quality warranty
   8.1. The features of the products sold on the Online Store are listed in the description of each item. The product is of adequate quality and complies with the Purchase and sale agreement if:
   a) The product is in accordance with the description given by the Seller and has the same characteristics as the item provided by the Seller as an example or model in the Online Shop.
   b) The product is suitable for its intended use.
   c) The item meets the quality indicators that are commonly common to the items of the same nature and which the Buyer can reasonably expect based on the nature of the item and statements made publicly by the manufacturer, his representative or the Seller, including advertising and item labeling, for the specific characteristics of the product.
   8.2. The Seller is not liable for the fact that the products sold in the Online Store do not correspond to the actual shape, size, color or other characteristics of the goods received by the Buyer if the difference is caused due to the features of the display device used by the Buyer.
   8.3. The products purchased by the Buyer are covered by the quality warranty and terms that are stipulated in relevant legal acts.
   8.4. The Seller may provide an additional warranty, the conditions and the duration of which in such cases are indicated in the product description or warranty document. The additional warranty does not in any way change the Buyer’s rights by purchasing a product of inappropriate quality.
   8.5. The warranty period starts from the time the goods are transferred to the Buyer.
   8.6. In the event of a defective product, for warranty service the Buyer may contact by email [email protected] and phone +37069844867.
   8.7. When submitting the goods for repair, the Buyer must present a document confirming the purchase of the goods (Invoice).
   8.8. After warranty service the item is Stored for three months after the first notification to the Buyer of the completion of the warranty service. The Buyer is notified by email. The Seller has the right not to store repaired items when three months after first notification to the Buyer have passed. All losses related to this shall be borne by the Buyer.
   8.9. In cases where the legislation denotes the term of use of the products, the Seller undertakes to sell such products to the Buyer in such a way that the Buyer has a real opportunity to use such products before the expiry date.
9. Right to cancel Purchase and sale agreement, returns and changes of products
   9.1. Defects of the products sold are eliminated, non-quality goods are changed and returned in accordance with the procedure established by the Law on Retail Trade of the Republic of Lithuania.
   9.2. The Buyer wishing to return the item must inform the Seller by e-mail [email protected]. The Buyer must deliver the goods to the Seller in full together with the document confirming the purchase.
   9.3. Persons who have made a purchase in the Online Store have the right to withdraw from a distance contract or a contract concluded off-premises within 14 (fourteen) days from the receipt of the goods, except for the exceptions provided for in Article 6.22810 (2) of the Civil Code of the Republic of Lithuania. The returned product must be packed in the original packaging, unused, undamaged and without losing its commercial appearance – the product and its packaging must be clean with the original undamaged labels, protective bags and films. In any case, the product may be returned only with such modifications as were necessary to inspect the product.
   9.4. The term of cancellation of the contract concluded in the Online Store expires after 14 (fourteen) days from the day on which the Buyer or person specified by the Buyer, other than the carrier, receives the ordered item or: a) if the Buyer has ordered more than one item per order and the goods are delivered separately – from the day the Buyer or the person specified by the Buyer, other than the carrier, receives the last item; (b) if the item is delivered in different lots or parts, from the date on which the Buyer or the person named by the Buyer, other than the carrier, receives the last lot or part.
   9.5. In the event of disagreement as to the condition of the returned goods, the Seller has the right to apply to the State Consumer Rights Protection Authority for the examination of the goods. The cost of examining the goods is borne by the guilty party.
   9.6. The Buyer must, without delay and not later than within 14 (fourteen) days after notifying the Seller of the cancellation of the Purchase and sale agreement, send or transfer the goods, gifts that accompanied the goods and any other additional benefits that were gained as a result of sale (if they are of returnable nature) to the Seller or another person authorized by him. The direct cost of returning the goods to the Seller is paid by the Buyer.
   9.7. The Seller must, within 14 (fourteen) days from the day on which he received the Buyer’s notice of the cancellation of the Purchase and sale agreement, return the amounts paid for the goods to the Buyer. The seller has the right not to return to the Buyer the amounts paid to him until the goods have been returned and verified by the Seller.
   9.8. The Seller is not obliged to reimburse the Buyer for any additional costs incurred due to the fact that the Buyer has clearly chosen alternative to the cheapest regular shipping method offered by Seller.
   9.9. If the Buyer returns only part of the goods in the purchase document, the part of the delivery fee that is returned to the Buyer is calculated in proportion to the value of the returned goods throughout the value of the purchase document.
   9.10. The money is returned to the Buyer by bank transfer to the bank account specified by the Buyer.
   9.11. Upon the Buyer’s exercise of the right to cancel the Purchase and sale agreement, the obligations of the Parties to the Purchase and sale agreement expire.
   9.12. After the Buyer cancels the Purchase and sale agreement, additional contracts associated with that agreement are automatically terminated. Additional contracts include contracts whereby the Buyer acquires goods or services related to the Purchase and sale agreement, and these goods are supplied or services provided by the Seller or another person in agreement with the Seller. The Buyer must immediately inform the other contracting party in writing of the termination of the supplementary agreement and provide details of the cancellation of the Purchase and sale agreement.
   9.13. A separate Notice by the Buyer is not required in cases where an additional contract has been concluded with the same Seller who has been notified of the cancellation of the Purchase and sale agreement in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania.
10. Responsibility
    10.1. The Buyer is responsible for the actions taken using the Online Store.
    10.2. The Buyer is responsible for the accuracy of the data submitted on the registration form or during the purchase. The Seller is not liable for the consequences arising from the submission of false or incorrect information by the Buyer.
    10.3. The Buyer is responsible for not transferring his / her login data to third parties. If the Online Store services are used by a third party, having logged in the Online Store using the Buyer’s login data, the Seller considers this person to the Buyer, except in cases where the Buyer has informed the Seller about the loss of his login data.
    10.4. The Seller is exempted from any liability in cases where the Buyer did not comply with the Seller’s recommendations and his own obligations to read the Terms and the Privacy Policy although the Buyer was given such an opportunity.
    10.5. In cases where internet links to third-party websites are provided on the Online Store, the Seller is not responsible for the accuracy of the information provided on these websites. The Seller is not and cannot be held responsible for the content on third-party websites.
11. Final provisions
    11.1. The Seller reserves the right to suspend, at his own discretion, to supplement, change these Terms and other documents related to the Terms, informing the Buyer thereof in the Online Store. The additions or amendments to the Terms come into force from the day of their publication, i.e. from the day they are posted on the Online Store.
    11.2. If the Buyer does not agree with the new version of the Terms, with partial additions, amendments, the Buyer has the right to refuse them, provided that the Buyer loses the right to use the Online Store services.
    11.3. If after the changes to the Terms the Buyer continues to use the services of the Online Store, it is considered the Buyer agrees with the new version of the Terms, amendments or additions.
    11.4. All disagreements regarding the implementation of these Terms shall be resolved by negotiation. Failing to reach an agreement within 30 (thirty) days, disagreements shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
    11.5. These Terms are governed by the law of the Republic of Lithuania.
    These Rules are valid from May 14, 2019
    Last updated August 26, 2020