Terms and conditions of e-shop
1.GENERAL CLAUSES
1.1. These terms (hereinafter – Terms) define the rights, obligations and responsibilities of the natural or legal person (hereinafter – Buyer), willing to purchase or purchasing goods in www.ginmika.lt e-shop in accordance with the Terms, and PLC “Ginmika” (hereinafter – Seller), while the Buyer is willing to or purchasing goods in the e-shop (hereinafter – E-shop). By granting the access to his/her data, the Buyer agrees with these terms and conditions and shall follow them being willing to purchase or purchasing goods from the Seller.
1.2. If the Buyer does not agree with the Terms or any particular provision, it is considered that the person has not provided his/her data, has not registered on www.ginmika.lt ISP and has not ordered any goods from the Seller.
1.3. The Seller has the right to change, correct or supplement the Terms at any time. Buyers shall be informed about such changes, corrections or supplements when they are logged into the System and shall reaccept the Terms. The changes of Terms are applied solely to the goods that have been presented after the changes in Terms have been introduced.
1.4. Only natural legal age persons having capacity under the law and legal persons have the right to purchase from the shop.
1.5. The textual and visual information presented on the Website is the property of the Seller and is protected under the copyright law. To copy, print or by any other means reproduce or disseminate the information without the written consent of the Seller is strictly forbidden. It is also forbidden to provide links to the Website without the written consent of the Seller. The information presented on the Website shall be used only for personal purposes in accordance with the copyright and related laws of the Republic of Lithuania.
THE STATUS OF SELLER, THE PURCHASE CONTRACT, PAYMENT
2.1. The status of the Buyer in e-shop www.ginmika.lt is granted from the time the natural or legal person or his/her representative has registered on the Seller’s internet system (hereinafter – System) his/her personal or company’s data.
2.2. The purchase contract between the Buyer and the Seller (hereinafter – Contract) is concluded from the time the Buyer has added goods to the cart in the e-shop, having provided his/her address, chosen the method of payment, accepted that he/she has got acquainted with the Terms and clicked the button “Order”.
2.3. The representative having provided the data of a legal person also has to provide the corresponding warrant of the company and is fully liable for the action of the person he/she represents in www.ginmika.lt E-shop as well as his/her actions while implementing the Contract.
2.4. The Buyers’ data, as well as the data of every Contract concluded between the Buyer and the Seller, is preserved in www.ginmika.lt database.
2.5. It is considered that the Buyer has paid for the goods if the price of the Contract is:
2.5.1. paid to the Seller’s account LT097410010221000261 (UAB SME Bank) or any other provided by the Seller account;
2.5.2. paid into the Seller’s cash register.
2.5.3 paid to a courier in cash.
BUYER’S RIGHTS
3.1. The Buyer purchases the goods in the E-shop, following these Terms as well as legal acts of the Republic of Lithuania.
3.2. The Buyer has the right to terminate the Contract with the Seller by informing the Seller in a written form within 14 (fourteen) days after the good has been delivered. The Buyer has the right to terminate the Contract solely in case the good is in no worse condition than it was when it was delivered to the Buyer, is not damaged, its package is not damaged and its appearance has not changed. The Contract can be terminated but the Buyer shall not receive a refund if he/she purchased from the Seller jewels, precious metals, products made of them, alloys, including but not limited to golden, silver, platinum ingots/coins/medals.
3.3. The Buyer has all the other rights guaranteed in the Terms and legal acts of the Republic of Lithuania.
BUYER’S OBLIGATIONS
4.1. The Buyer is obliged to pay the price of the goods as well as their delivery, make other payments (if such are included concluding the Contract) and receive the ordered goods. The ingots of investment gold and coins as well as silver products have to be paid for within 4 hours (if has not been agreed otherwise), other goods – no later than within 24 hours since the conclusion of the Contract using the method specified by the Seller. The Buyer pays for the goods, making a payment to the account specified in clause 2.5.1, in cash into the Seller’s cash register or using other specified by the Seller method.
4.2. In case the Buyer does not pay the price of the Contract within the defined term, it is considered that the Buyer has withdrawn the Contract. In this case, the Seller has the right to terminate the Contract and all related to it procedures.
4.3. If the Buyer’s data provided in the registration form has changed, the Buyer has to update it within a reasonable shortest period of time but no later than the Seller has sent to the Buyer the ordered goods.
4.4. If the Buyer provides inaccurate data or a wrong address, the Buyer shall not rise any claims against the Seller and is obliged to compensate for all the Seller’s expenses incurred in the process of delivery or any other additional expenses.
4.5. The Buyer has to follow other requirements laid down in the Terms as well as legal acts of the Republic of Lithuania.
SELLER’S RIGHTS
5.1. The Seller has the right to temporarily or permanently cease its activity without any prior notice and is not responsible for any related to it Buyer’s losses.
5.2. In case the Seller considers that the Buyer’s actions can be harmful to the work of the E-shop, its stable activity or the Buyer violates his/her obligations, the Seller has the right to limit or terminate (cease) his/her access to the E-shop without any prior notice and is not responsible for any related to it Buyer’s losses. Furthermore, the Seller has the right to inform third parties about such Buyer’s actions by providing to them all the information about this Seller it has.
5.3. The Seller has all the other rights guaranteed in the Terms and legal acts of the Republic of Lithuania.
SELLER’S OBLIGATIONS
6.1. The Seller is obliged to make effort to provide the Buyer with all the possibilities to properly utilize the services provided by the E-shop. And yet, the Seller does not guarantee that the E-shop will work uninterruptedly or that the data delivery will not contain any mistakes. The Seller is not responsible for any Buyer’s losses related to the failures of the E-shop activity and/or the mistakes of data delivery.
6.2. The Seller, being not able to deliver the good he/she has ordered, is obliged to offer him/her the analog good. In case the Buyer refuses the analog, the Seller has to refund the money paid by the Buyer within 3 (three) working days. In this case the Seller is not liable for not having delivered the goods.
6.3. The Seller is not responsible for the content of users’ (visitors’) discussions and comments. And yet, in case the E-shop visitors disseminate information that insults or defames any person, leads to the incitement of national, racial, religious, social or gender hatred, promotes pornography or other material violating the laws of the Republic of Lithuania, the people who disseminate such information on the website are liable according to the laws of the Republic of Lithuania, and in such cases the Seller has the right to make public (disclose) those visitors’ personal data to law enforcement authorities.
6.4. The Seller is obliged to comply with other requirements of these Terms.
DELIVERY OF GOODS
7.1. Depending on the type of the good and Seller’s capacities, the goods can be:
7.1.1. sent by regular post (across the Republic of Lithuania);
7.1.2. sent utilizing the service of the Lithuanian Post or couriers (across the Republic of Lithuania);
7.1.3. handed over in the Seller’s office.
7.2. In case the sum of the goods exceeds 2000 (two thousand) euros, the goods are not delivered by post or a courier, and can be only handed over in the Seller’s office or delivered by the Seller’s transport (having agreed on the time and conditions of delivery in advance).
7.3. In case the Buyer has chosen the delivery methods outlined in clauses 7.1 or 7.2 and the sum of the ordered goods does not exceed 2000 (two thousand) euros, the cost of delivery and insurance is compensated by the Buyer, if not agreed otherwise. The precise cost of delivery depends on the type, weight and value of the goods being delivered. Therefore, the final price will be shown only after the order has been formed.
7.4. The term of the delivery of goods to the Buyer’s address:
7.4.1. from 1 to 4 working days from the time the payment for the goods and delivery has been received in case the goods are in the Seller’s warehouse. This provision shall not apply if another delivery term is defined, and yet the goods are delivered no later than within 30 days from the time the Contract has been concluded, if not agreed otherwise.
7.4.2. discussed separately in case there are no goods in the warehouse and they are delivered according to the Buyer’s order.
7.5. The Seller does not guarantee that in all cases the goods will be delivered within the term specified in 7.4.
7.6. Once the goods are delivered, the Buyer or his/her representative together with the courier or the representative of the delivery office have to check the condition of the package of the parcel, the number of goods, their quality and assortment.
7.7. Once the Buyer or the Buyer’s representative has accepted the parcel and signed in a data storage device or a paper confirmation of delivery provided by the courier or the representative of the delivery office without comments, it is considered that the goods are delivered in an undamaged package, the number, quality and assortment of goods comply with the conditions of the Contract, the additional services, described in the data storage device or the paper confirmation of delivery, are carried out correctly.
7.8. The goods are handed over solely in the place specified in the form of order and only to the Buyer or his/her representative, having provided the personal ID: the passport, the identity card or the driver’s licence of the new format in order to correctly identify the Buyer or his/her representative while implementing the Contract (e-commerce).
7.9. Once the goods have been delivered to the specified address, it is considered that the goods are handed over to the Buyer, irrespective of whether the Buyer has accepted the goods in the specified address or any other person outlined in clause 7.7.
7.10. In case the goods have not been delivered within the term outlined in clause 7.4, the Buyer informs the Seller by phone or email as soon as possible but no sooner than a day after the planned day of delivery. Otherwise, the Buyer loses the right of rising claims related to the delays in delivery or failure to deliver to the Seller.
7.11. In case the Buyer has identified the damage of the package, yet has not identified the number, quality and assortment of goods, he/she has to:
7.11.1. comment on the damaged package in the data storage device or the paper confirmation of delivery provided by the courier or the representative of the delivery office;
7.11.2. inform the Seller by email as soon as possible.
7.12. Once the Buyer has accepted the parcel and signed in the data storage device or the paper confirmation of delivery provided by the courier or the representative of the delivery office, having commented on the damage of the package, it is considered that the number, quality and assortment of goods comply with the conditions of the Contract, the additional services, described in the data storage device or the paper confirmation of delivery, have been carried out correctly.
7.13. In case the Buyer has identified the discrepancy of the number and/or the quality and/or the assortment of goods, he/she has to refuse the parcel. In this case:
7.13.1. the courier or the representative of the delivery office together with the Buyer fill in the special act of the examination of the parcel, in which the discrepancy is described;
7.13.2. The Buyer shall inform the Seller by phone or email as soon as possible.
RETURN OF GOODS
8.1. Goods have to be returned in accordance with 2001-08-17 No. 258 order “Rules of the trade of goods and delivery of service when contracts are concluded using communication means” of the Minister of Economy of the Republic of Lithuania and 2011-10-25 2011/83/ES directive of the European Parlament and Commission concerning consumer rights.
8.2. The defects of goods are eliminated, goods are exchanged, returned in accordance with 2001-06-29 No. 217 order “Rules of the return and exchange of goods” of the Minister of Economy of the Republic of Lithuania.
8.3. If the Buyer terminates the Contract in accordance with clause 3.2 of these Terms:
8.3.1. The good is returned to the Seller (the Buyer pays for the return) and the money for the good is returned to the Buyer no later than within 14 (fourteen) calendar days from the time the Buyer informs the Seller about the termination of the Contract in a written form, but no sooner than the Seller receives the returned goods back. The cost of return and insurance is not refunded to the Buyer.
8.3.2. The goods have to be returned in their original package together with all the documents. Furthermore, the Buyer has to include:
– the filled and signed notice on the termination of the Purchase contract;
– original VAT invoice, which the Buyer has received together with the parcel or the goods;
– in case the Buyer paid for the goods in cash, returning or exchanging goods, the original receipt has to be included.
8.3.3. The Buyer is responsible and pays for the arrangement and package of the goods. In case the goods are not arranged and/or packed appropriately, the Seller has the right to refuse the returned goods.
8.3.4. The goods are not accepted if they have been utilized and/or have been damaged and/or lost their appearance.
8.3.5. The Buyer’s demand to exchange the good with an analogue or receive a refund in accordance with the reasons outlined in clause 3.2 of these Terms cannot be accepted in case the Buyer has purchased jewels, precious metals, products made of them, alloys, including but not limited to golden, silver, platinum ingots/coins/medals.
8.3.6. Hereby the Buyer agrees that he/she understands that the goods specified in clause 8.3.5 of these Terms are of a specific character, function and use. Therefore, the Buyer agrees that the Seller’s refusal to accept the returned goods specified in clause 8.3.5 of these Terms is legitimate, the Buyer shall not rise any claims to the Seller because the latter refuses to accept the goods in accordance with clauses 8.3.4, 8.3.5 of these Terms.
OBLIGATIONS
9.1. The Buyer is responsible to the Seller for the accuracy of the data he/she provides in www.ginmika.lt E-shop. The Buyer accepts responsibility for the consequences related to the inaccuracy of the data provided.
9.2. For the violation of the Contract, concluded via the E-shop, both parties are liable in accordance with legal acts of the Republic of Lithuania.
9.3. Taking into consideration clause 8, part 3 of the law of the Digital Signature of the Republic of Lithuania, the Buyer agrees with the Seller that the confirmation of his/her actions using the E-shop data (his/her unique identifier) has the same legal value as the Digital Signature defined in clause 8, part 1 of the law of the Digital Signature (that is, is of the same legal value as the signature in written documents and could be used as evidence in court procedures). The Buyer is obliged to protect his data used to access the E-shop, not to enclose it to third parties, ensure that the data is known to and used by solely himself/herself, not to give or provide an opportunity to other parties to access this data. In any case of suspicion, the Buyer is obliged to inform the Seller about the violation or disclosure of the access to the E-shop. All the actions performed using the Buyer’s unique identifier are considered to be performed by the Buyer, and the Buyer accepts responsibility for any consequences of such actions.
9.4. The Seller is not responsible for the information presented on other websites, even in case the Buyer accesses these websites following the links in the Seller’s E-shop.
9.5. The Seller is not responsible that, in E-shop www.ginmika.lt, the size, shape or color of the goods could differ from the real due to the specificities of the technology used by the Buyer.
9.6. In case of any damage, the party held responsible compensates for any incurred losses due to its fault to the injured party.
9.7. Personal data management
9.7.1. Having registered in or ordered from www.ginmika.lt E-shop, the Buyer confirms that:
– he/she or his/her representatives (the Buyer has the consent of his/her representatives) accept to provide his/her/their personal data to the Seller and not to object that this data is managed by the Seller for both the identification of the Buyer and (or) his/her representatives, the conclusion of the Contract, the implementation of e-commerce, and direct marketing purposes (solely for registered users);
– he/she and his/her representatives have been informed about the managed by the Seller personal data as well as how this data is managed, and shall require to destroy his/her/their personal data or terminate all the actions related to the management of data, disagree with the management of his/her/their data in case the data is managed in the manner that violates the Terms or law.
– he/she or his/her representatives have been informed of their right to refuse to provide their personal data, and yet understand that personal data is needed to unambiguously identify the Buyer and (or) his/her representatives for the purposes of the conclusion of the Contract and the implementation of e-commerce. Not having provided personal data or having refused to provide the data to be managed for the purposes mentioned above, the Buyer and (or) his/her representatives shall not conclude and (or) implement the Contract.
9.7.2. Having subscribed to the newsletter, the Buyer or his/her representatives (the Buyer has the consent of his/her representatives) accept that his/her/their personal data provided to the Seller could be provided to chosen third parties for marketing purposes, as specified in the following sentence: Having subscribed to the newsletter, the Buyer or his/her representatives (the Buyer has the consent of his/her representatives) accept to receive informational and promotional material concerning goods and services from the Seller and (or) from chosen by the Seller third parties to the either specified in the registration form or any other Buyer and (or) his representatives’ address and (or) via SMS and (or) to his/her/their telephone number and (or) email.
INFORMATION DELIVERY
10.1. The Seller sends messages to the Buyer to the provided during the registration e-mail.
10.2. The Buyer sends the messages or questions to the following addresses:
PLC “Ginmika”,
Company ID: 300079118
VAT payer ID: LT100001407213
Account: LT097410010221000261 (UAB SME Bank).
Address: Sodų st. 81, Skaidiškės, Vilnius mun.
Phone: +370 693 85988.
E-mail: albertas@ginmika.lt, info@ginmika.lt
10.3. If the contacts provided in the section “Contacts” in www.ginmika.lt E-shop are different from the provided in clause 10.2, the former contracts are considered right.
FINAL PROVISIONS
11.1. The Buyer and the Seller have agreed that all the information presented on www.ginmika.lt E-shop (including but not limited to these Terms, information about the Seller, goods and services as well as their qualities, the Buyer’s right to withdraw the Contract, the supervisory service provided by the Seller as well as guarantees (if such are provided)) is considered to be appropriately, clearly, and understandably presented to the Buyer.
11.2. All the disagreements, related to the Contract between the Buyer and the Seller, are resolved by their negotiation. In case the agreement is not possible, the disagreements are resolved in accordance with legal acts of the Republic of Lithuania.