- 1. CONDITIONS
1.1. UAB „Interautomatika“, legal entity code 300002253, VAT code LT140309219, address for the correspondence Spaudos str. 6, LT-05131 Vilnius, Republic of Lithuania, email [email protected] is the data manager, operator of the website www.interautomatika.eu and vendor (hereinafter – „Data Manager“ and/or „Vendor“).
1.2. The following persons can be buyers in this e-shop:
1.2.1. capable natural persons, i.e., major persons, whose capacity is not restricted, or emancipated persons;
1.2.2. fourteen-to-eighteen-year old persons with the agreement of their parents or foster-parents except for the cases they dispose of their own income;
1.2.3. legal entities;
1.2.4. authorized representatives of the persons indicated in clauses 1.2.1 – 1.2.3.
1.3. The present terms and conditions (hereinafter– „Terms“) regulate the rights of the Buyer and the Vendor, their mutual obligations, prices of products, order of payment, terms, and conditions of delivery, rules of the return and replacement of products, liability of the parties and other related conditions.
- 2. GENERAL CONDITIONS
2.1. After the Buyer accepts these Terms of UAB “Interautomatika” (familiarizes with the Terms and checks the statement „I have familiarized with the terms and conditions of the procurement of UAB „Interautomatika“ and agree with them“), they become a legal document that is obligatory for the parties and sets the mutual obligations of both Parties and rights of the Parties.
2.2. The Vendor is entitled to modify, amend or supplement these Terms at any moment taking into account the requirements set out in the legal acts. In case the Vendor modifies these Terms and the Buyer accepted the previous edition of the Terms, the Terms accepted by the Buyer are in force for the mutual obligations of the Parties.
2.3. On accepting the present Terms, the Buyer confirms it is entitled to buy products in this e-shop and meets the requirements of clauses 1.2.1 – 1.2.4 of the terms.
- 3. PERSONAL DATA PROTECTION
3.1. On registering in the e-shop or confirming the formed order of the bag of products, all the personal data provided by the Buyer (first name, surname, address, phone number, email, etc.) is managed in accordance with the General Regulations of the Data Protection No. 2016/679, Law of the Legal Protection of Personal Data of the Republic of Lithuania of the 11th of June 1996 No. I-1374, other legal acts, which regulate the data protection, and policy of privacy of the website.
3.2. The Buyer familiarizes with the policy of privacy of www.interautomatika.eu before confirming the formed bag of products. In case the Buyer has any questions or any part of the policy of privacy is unclear, the Buyer shall appeal to the Vendor. The Vendor gives the necessary explanations to the Buyer immediately. On confirming the order of the formed bag of products, the Buyer confirms it has familiarized with the policy of privacy of www.interautomatika.eu.
3.3. The Buyer informs the Vendor immediately if it has provided any inexact or non-updated personal data collected by the Vendor for the implementation of its obligations foreseen in the Terms.
3.4. The Buyer is liable for the provision of its correct personal data.
3.5. The Buyer can order products without creating an account in the e-shop www.interautomatika.eu.
3.6. The Vendor is entitled to use the data of the Buyer’s email for the marketing of its similar products or services (for example, sending of newsletters). In this case, the Buyer is given a clear, free and easily implemented possibility to refuse of the use of its email data for the purpose of direct marketing (for example, to click the button „refuse of the newsletter“ above or below the newsletter, etc.). The Buyer can also object to the management of its email data for the purpose of direct marketing by getting in touch with the Vendor by means of the Vendor’s contacts indicated in clause 1.1. In this case, the Vendor will not use the email data of the Buyer for the purpose of direct marketing.
- 4. PRODUCTS
4.1. The pictures of products provided in the e-shop www.interautomatika.eu are as illustrations only and can differ from the pictures provided in the e-shop insignificantly although the Vendor has made all necessary efforts to depict the products sold in its e-shop as exactly as possible. The Buyer understands the products can differ from their depicted pictures insignificantly and confirms by making an offer it does not object to it.
4.2. The package of products that can be provided together with the picture of the product in the e-shop www.interautomatika.eu can differ from the package of products provided to the Buyer except for the cases the Vendor indicates a certain product is provided in this kind of package namely and the package has an essential impact on the use of the product.
4.3. In case the Buyer orders a product and the Vendor does not have it anymore, the Buyer is informed about it immediately by using the email or other contact data provided by the Buyer. In this case, the implementation of the order of this product is canceled and, in case the Buyer has already paid for the product, the money paid for the product is returned to it within 14 calendar days. The Vendor can indicate in the e-shop, which products it does not have at a certain moment.
4.4. All the prices of products in the e-shop www.interautomatika.eu are indicated in euro without VAT. Taxes are counted and added (if applicable) on the checkout page.
4.5. The prices of products indicated in the e-shop www.interautomatika.eu do not involve any product delivery costs. The product delivery costs are indicated separately on ordering the products.
4.6. The Vendor is not entitled to change the price of products after the Vendor sends a confirmation about the order to the Buyer except the cases the price of the product has changed because of a technical error of the information systems, correction of obvious errors (type of lapse) or for other objective essential reasons, which do not depend on the Vendor (in case there are any proofs substantiating these reasons). In this case, unless the Buyer agrees to buy the product at the new price, the Buyer can refuse the order by informing the Vendor within 3 (three) working days or not paying the lacking part of the price to the Vendor in case the new price of the product is higher. After annulling the order in the order set out in this clause, all the amounts paid by the Buyer (price of the product, price of delivery, etc.) are returned to it.
4.7. In the e-shop www.interautomatika.eu, the goods of some suppliers are subject to the minimum order amount, of which the Buyer is informed on the product page and on the shopping cart page (if the purchase amount is insufficient).
- 5. ORDER OF PRODUCTS, MOMENT OF CONCLUSION OF THE PROCUREMENT-SALE CONTRACT
5.1. The Buyer can order products from the e-shop www.interautomatika.eu by registering in the website or without doing it.
5.2. The procurement-sale contract between the Buyer and the Vendor is considered concluded since the moment the Buyer chooses a desirable product, forms the bag of products, provides the Vendor with the data that is necessary for the delivery of products, clicks the button „Order“ and the Vendor gets in touch with the Buyer to the indicated email by sending the order-confirming letter.
5.3. Every procurement-sale contract concluded in the e-shop www.interautomatika.eu is registered and stored in the database of the e-shop.
5.4. After sending the ordered product, the Vendor sends an email and/or SMS to the Buyer in order to inform the Buyer that the Vendor has already sent the products to the Buyer.
5.5. Within 15 (fifteen) calendar days since the sending of products, the Vendor sends an electronic VAT invoice with the procurement data to the email indicated by the Buyer. Attention should be paid the VAT invoice can be issued on the product sending day or product acceptance day.
- 6. RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The Buyer is entitled to buy products in the e-shop www.interautomatika.eu in the order set out in the policy of privacy of the present Terms and other information columns of the e-shop.
6.2. The Buyer has the rights that are related to its personal data protection and foreseen in the policy of privacy of the e-shop www.interautomatika.eu. In order to use its rights that are foreseen in this policy of privacy, the Buyer should get in touch with the Vendor by using the data that is indicated in the policy of privacy of Vendors or the present Terms.
6.3. The Buyer is entitled to pay in accordance with clause 4.6 of the present Terms.
6.4. The Buyer is entitled to refuse the procurement-sale contract concluded with UAB „Interautomatika“ in accordance with the present terms.
6.5. In case the Buyer buys a product of bad quality in the e-shop www.interautomatika.eu, it is entitled to request the Vendor to replace the product of bad quality with the product of good quality for free, request the Vendor to reduce the price of the product appropriately or terminate the contract and request to return the paid amount. The Buyer can only choose one of the ways of defense of its rights foreseen in this clause. The Buyer can manifest its choice on providing the Vendor with proofs about the bad quality of the product. In case the Buyer chooses one of the ways of defence of its rights, but the Vendor does not have any possibilities to implement it, the Vendor offers an alternative way of defence of the Buyer’s rights foreseen in this clause. After choosing the way of defence of its rights, the Buyer cannot change it, but it can agree with the alternative way of defence of the Buyer’s rights offered by the Vendor. The Buyer is not entitled to terminate the contract in case the defect of the thing is petty.
6.6. The Buyer obligates to pay for the products the price that is set in the e-shop www.interautomatika.eu and accept them.
6.7. The Buyer obligates to inform about the change of its personal data or notify about false personal data and indicate its exact personal data immediately.
6.8. On using the e-shop www.interautomatika.eu, the Buyer obligates to observe the present Terms, other conditions of use indicated in this website and requirements of the legal acts of the Republic of Lithuania.
6.9. The registered Buyer obligates not to disclose its logging data to any third parties. In case the Buyer loses or discloses its logging data to any third parties, it shall inform the Vendor about it immediately by using the Vendor’s contacts indicated in the present Terms.
6.10. Beside the other obligations of the Buyer foreseen in the present Terms, the Buyer obligates to check the product before starting to use it in any way and make sure the Buyer has received the ordered product. Unless the Buyer has received the ordered product, the Buyer shall inform the Vendor about it not later than within 3 (three) working days. In this case, the Vendor obligates to replace the product with the ordered one at its own charge and the Buyer obligates not to use the received product, not to damage its package and not to destroy it.
6.11. Other rights and obligations of Buyers that are not foreseen in the present Terms can be foreseen in the legal acts.
- 7. RIGHTS AND OBLIGATIONS OF THE VENDOR
7.1. The Vendor is entitled to stop or cancel the working of certain functions of the e-shop www.interautomatika.eu and layout of elements of the e-shop.
7.2. The Vendor is entitled to stop or cancel the activity of the e-shop www.interautomatika.eu. In this case, all the accepted and confirmed orders of Buyers are completed and implemented and new ones are not accepted.
7.3. In case the conditions of provision of the Vendor’s services change essentially because of external factors (for example, modifications of the legal acts, etc.), the Vendor is entitled to change the volume and way of provided services, stop or cancel the provision of certain services or their part as well as impose extra changes on the services or their part. In case the Buyer, whose order was accepted, manifests its disagreement before the product sending moment, its order is annulled.
7.4. In case the Buyer tries to harm the stability of work or safety of the e-shop www.interautomatika.eu or fails to carry out its obligations, the Vendor is entitled not to accept any orders from this Buyer.
7.5. The Vendor is entitled to annul the Buyer’s order in advance without prior notice in case the Buyer has chosen to pay with the bank remittance and fails to pay for the products within 3 (three) calendar days. After choosing this way of payment, the implementation of the order is only started after the Buyer performs full payment for the chosen products.
7.6. The Vendor obligates to inform the Buyer about the stopping, cancellation or modification of the functions that are significant for the implementation of its order. The Buyer is informed to the indicated email or other contacts of the Buyer.
7.7. In case the Vendor is unable to deliver the ordered product to the Buyer, the Vendor obligates to offer to the Buyer the product that would be identical with its characteristics or as similar as possible. In case the Buyer refuses to accept the alternative product offered by the Vendor, the Vendor obligates to cancel the Buyer’s order and return the total money paid by the Buyer within 14 (fourteen) calendar days if the advance payment was performed.
7.8. The Vendor obligates to ensure a proper safety level for the personal data provided by the Buyer and manage it in accordance with the policy of privacy as well as legal acts of the Republic of Lithuania and the European Union.
7.9. The Vendor has other rights and obligations foreseen in the legal acts of the Republic of Lithuania.
- 8. PAYMENT
8.1. The Buyer can pay for products in the following ways:
8.1.1. bank remittance;
8.1.2. by using the „PayPal“ services;
8.1.4. payment (credit or debit) card.
8.2. In case the Buyer chooses the payment with the e-banking, the Buyer shall confirm the payment remittance in the Buyer’s bank not later than within 24 (twenty-four) hours since clicking the button „Order“. Unless the payment remittance is confirmed within this term, the Vendor is entitled to suppose the Buyer has refused to conclude the Contract and annul the order.
8.3. In case the Buyer chooses the payment with the bank remittance, the Buyer shall remit the total amount for the products to the Vendor within 3 (three) calendar days since clicking the button „Order“. In case the bank remittance is not performed within the set term or is only performed for a part of the amount, the Vendor is entitled to suppose the Buyer has refused to conclude the Contract and annul the order. Any amounts remitted by the Buyer to the Vendor are returned to the Buyer in this case.
8.4. The products chosen by the Buyer are reserved in the Vendor’s system after the order is confirmed by clicking the button „Order“ and the implementation of the order is started after the Vendor gets a notification from the Buyer’s bank about the performed payment for the chosen products.
- 9. DELIVERY OF PRODUCTS
9.1. The Buyer can choose the address the ordered products will be delivered to. Products are only delivered after the ordered products and the delivery fee are paid completely.
9.2. The Buyer can employ service providers, for example, couriers, for the delivery of products.
9.3. Products are usually delivered to the Buyer within 15-20 (fifteen-twenty) working days unless another product delivery term is indicated next to the product. In case the Buyer orders more than one product and the Vendor indicates different times of delivery of each product, the longest product delivery term is applied to all the products ordered by the Buyer.
9.4. The Vendor is exempted from the liability for the violation of product delivery terms in case the products are not delivered to the Buyer or delivered untimely for the fault of the third parties that are not related with the Vendor and/or do not depend on it or for the circumstances that depend on the Buyer.
9.5. The Vendor or the chosen service provider inform the Buyer about the delivery of products with an SMS, phone call or letter to the email indicated by the Buyer. The Vendor or the chosen service provider only deliver the product after getting a confirmation from the Buyer that the Buyer can accept the product at a certain moment. In case the Vendor or the chosen service provider agrees about the product delivery time and the Buyer is absent at the indicated delivery address, but the Buyer did not inform the Vendor or the chosen service provider about it, the Vendor can request the Buyer to compensate any suffered losses.
9.6. The delivery is considered completed after the products are delivered to the address indicated by the Buyer and the Buyer or another person authorized by it (hereinafter – „Representative“) accept them.
9.7. The proprietary right to the products passes to the Buyer at the moment they are transferred to the Buyer or another person indicated by it that can accept the products instead of the Buyer.
9.8. After the products are delivered, the Buyer shall check whether the package of the product and the product itself are not damaged. In case it is determined the package or the product is damaged, the Vendor or the employee of the courier service provision company together with the Buyer or its Representative fill out a special consignment inspection act and indicate any found damage. The Buyer or its Representative are entitled not to accept the damaged product. In case just the package is damaged, but the product itself is undamaged and the damage to the package does not have an essential impact on the functioning of the product or its parts, the Buyer cannot refuse to accept the product, but it can fill out a special consignment inspection act and indicate the damage to the package.
9.9. In case the Buyer refuses to accept the product for its damage, the product is returned to the Vendor. The Vendor replaces the damaged product with an identical product as quickly as possible.
9.10. After the Buyer or its Representative accepts the consignment and signs the provided data accumulator or paper delivery confirmation without any notes, it is considered the package of the delivered product and the product itself was not damaged at the moment of delivery.
9.11. In case another person than the Buyer accepts the products, the Buyer shall indicate to the Vendor the data of the person that will accept the products.
9.12. On accepting the products, it is necessary to provide a valid personal identity document in order to identify the Buyer or its Representative properly.
9.13. The Buyer shall check the quantity, quality, range, complement, and completion of products within 14 (fourteen) calendar days since the product delivery moment. Unless the Buyer makes any claims to the Vendor within the indicated term, it is considered that the quantity, quality, range, complement and completion of products meet the conditions of the procurement-sale contract.
9.14. The Vendor reserves a right to use new product delivery methods that are not foreseen in the present Terms. In case the Vendor starts using new product delivery methods and does not change the present Terms appropriately, the provisions of this section of the Terms are applied to the delivery of products taking into account the particularity of each delivery method, but without distancing from the essence of the provisions foreseen in this section.
9.15. The Vendor can take a product delivery fee from the Buyer. The value of the fee if it is applied to a certain product delivery method is indicated in the order form.
- 10. RETURN OF PRODUCTS AND REFUSAL OF THE CONTRACT
10.1. The Buyer is entitled to refuse the contract within 14 (fourteen) calendar days without indicating the reason. This provision means that in case the Buyer changes its mind within this period or decides to refuse the product for other reasons, it is entitled to notify the Vendor about its decision to refuse the Contract, return the product to the Vendor and get back the paid money.
10.2. The above-mentioned contract refusal right is not applied to the following contracts:
10.2.1. for the products manufactured according to special instructions of the Buyer, which are not manufactured in advance and are manufactured taking into account the personal choice or instruction of the Buyer or for the products that are adapted to the personal needs of the Buyer obviously;
10.2.2. for perishable products or products with a short shelf-life;
10.2.3. for the packed products that were unpacked after the delivery and cannot be returned because of health care or hygienic reasons;
10.2.4. for the products that are mixed with other things inseparably after the delivery because of their type;
10.2.5. for the contracts concluded by the consumer by making a concrete petition to the businessman about its arrival in order to perform urgent repair or maintenance works. In case the businessman provides more extra services than the consumer asked concretely or sells more extra products than it was necessary for repair or maintenance works, the contract refusal right is applied for these extra services or products.
10.3. The contract refusal right of the Buyer starts on the contract conclusion day as it is defined in clause 5.2 of the present Terms. The term of fourteen calendar days, during which the Buyer can refuse the contract, starts on the day when the product is transferred to the Buyer.
10.4. In case the Buyer would like to refuse the contract with the Vendor, it shall send a filled out standard contract refusal form or submit a clear notification with the decision to refuse the contract. After the Vendor gets this notification from the Buyer, it sends a confirmation about the received notification immediately.
10.5. Products are returned by the Buyer by delivering or sending them to the address indicated in clause 1.1 of the present Terms.
10.6. The Buyer sends or delivers the products to the Vendor immediately and not later than within 14 (fourteen) calendar days since the day of delivery of the notification about the refusal of the contract to the Vendor.
10.7. The Buyer that has refused the contract is given back all the money paid for the product including the delivery costs. After the Vendor gets the products and assesses their quality, the Vendor returns the money for the products not later than within 14 (fourteen) calendar days since the day of delivery of the notification about the refusal of the contract. The Vendor is entitled not to return the amounts paid to the Buyer until the products are given back to the Vendor or the Buyer provides a proof the products were sent to the Vendor. In case just a part of products is returned, the delivery costs are given back just if a lower rate was applied for the rest products of the same order on buying just them compared with the rate applied on buying the products together with the returned products and just to the volume, which is equal to the difference between the above-mentioned rates.
10.8. The Buyer can only use the contract refusal right in case the term of fourteen calendar days foreseen in clause 10.1 of the present Terms was not missed, the product was not used, is undamaged, retained its marketable looks (there are no changes of the looks of the product and its package except the changes that were necessary in order to inspect the product) and the Buyer has the documents, which prove the procurement of the product from the Vendor.
10.9. Products shall be given back with authentic labels, protective bags and the same accessories with that they were sold. The returned product shall be contained in its tidy original package (with the manual and warranty receipt in case they were delivered with the product) and the composition shall be the same as it was procured by the Buyer. The gifts received for the product shall be returned together (if any).
10.10. The Buyer is liable for the decrease of the value of the product (including, but not limited to the cases indicated in clause 10.9 of the Terms) caused by the acts, which were not necessary for the determination of the type, characteristics and functioning of the product. I.e., the Vendor is entitled to reduce the value of the amount returned to the Buyer ex-parte that is proportional to the above-mentioned decrease of the value of the product.
10.11. On returning the product, the Buyer shall provide the VAT invoice (its number) and order number or other documents proving that the Buyer procured the returned products from the Vendor.
10.12. The Vendor remits the returned amounts to the bank account of the Buyer in any bank of the Republic of Lithuania in the usual order.
10.13. In all cases, the Buyer has the rights arising from the sale of a non-qualitative product that is foreseen in the legal acts of the Republic of Lithuania. The terms of return that are indicated in this section or other parts of the Terms do not affect the existence of these rights.
10.14. In case the products were delivered to the Buyer after the refusal of the contract:
10.14.1. the Buyer shall return the products to the Vendor immediately;
10.14.2. the Buyer will be liable for the compensation of the product delivery costs to the Vendor except the cases related to a non-qualitative product as it is foreseen in clause 7.11;
10.14.3. the Buyer’s obligation is to store the products properly until their return to the Vendor.
- 11. WARRANTY
11.1. The Vendor can provide the manufacturer’s warranty to some products and the concrete term and other conditions are indicated in the descriptions of these products or together with the invoice of the product, which meets the warranty sheet.
11.2. The manufacturer’s warranty supplements the Buyer’s rights that are related to non-qualitative products.
11.3. The legal acts of the Republic of Lithuania provide a legal two-year warranty to the Buyer.
- 12. LIABILITY
12.1. The Buyer is liable for its acts carried out on using the e-shop www.interautomatika.eu including, but not limited to the correctness of provided data. The Buyer takes the liability for any consequences caused by the falseness or inexactness of the provided data.
12.2. On registering in the e-shop, the Buyer is liable for the protection of its logging data and (or) its transfer to any third parties. In case third parties use the services provided by the e-shop by logging on the e-shop with the logging data of the Buyer, the Vendor considers this person the Buyer and the Buyer is liable for all the acts of this third party carried out in the e-shop.
12.4. In case the Vendor violates the provisions of the present Terms, it is liable for the damage or losses suffered by the Buyer, which arise as a predictable consequence of the violation of the present Rules. The damage or losses are considered predictable in case they are an obvious consequence of the violation performed by the Vendor or the Vendor and the Buyer realized this damage or losses on concluding the contract.
12.5. The Vendor is not liable for the information provided on other websites about the products sold in the e-shop www.interautomatika.eu even if the Buyer gets to these websites by using the links in the e-shop of the Vendor.
12.6. In case of any damage, the guilty party compensates any direct losses suffered by the other party.
- 13. SENDING OF NOTIFICATIONS
13.1. The Vendor sends all notifications to the Buyer to the email indicated by the Buyer or an SMS to the contact number of the Buyer in the order that is foreseen in the Terms and policy of privacy.
13.2. All notifications and questions to the Vendor are sent by the Buyer to the contacts indicated in the present Terms or to the contact data indicated in the column of the website www.interautomatika.eu „Contacts“.
13.3. The notifications that are sent by email are considered delivered in writing.
- 14. FINAL PROVISIONS
14.1. The present Terms were compiled in accordance with the legal acts of the Republic of Lithuania.
14.2. The law of the Republic of Lithuania is applied to all the legal relations arising from the present Terms.
14.3. The provisions of the present Terms as well as other documents, which are indicated there, are applied to any contract concluded between the Vendor and the Buyer. All deviations from these Terms are only valid in case they are formalized with a written document.
14.4. All disagreements about the implementation of the present Terms are solved in the negotiations. Unless the Parties find an agreement within 30 calendar days, all disputes are solved in the order that is set out in the legal acts of the Republic of Lithuania.
14.5. Unless the Buyer agrees with the Vendor’s answer to the written claim of the Buyer, the Buyer (natural person, consumer) can submit a request or complaint about the product procured in the e-shop www.interautomatika.eu to the State Consumer Rights Protection Authority (Vilniaus str. 25, LT-01402 Vilnius, email [email protected], tel. 85 262 67 51, fax (85) 279 1466, website www.vvtat.lt (as well as to the territorial subdivisions of the State Consumer Rights Protection Authority in the regions) or fill out a request form in the EGS platform https://ec.europa.eu/odr/.