1. TERMS
1.1. Business Day - shall mean any day from Monday to Friday (except public holidays) on which commercial banks in the Republic of Lithuania normally conduct banking operations.
1.2. Online Store - shall mean an electronic store located on the website www.tukasev.com, where the Buyer may purchase the Goods offered by the Seller in accordance with the procedure set out in the Terms and Conditions.
1.3. Seller – shall mean UAB Tukas EV, legal entity code 304855035, address Eišiškių pl. 8A, LT-02184 Vilnius, Republic of Lithuania, e-mail [[email protected]], tel. No. [+37065960204]. Data about the Seller is collected and stored in the Register of Legal Entities.
1.4. Account - shall mean the result of the Customer's registration in the Online Store, when a personal account is created, where the Customer's data and Order history are stored.
1.5. Buyer – shall mean a natural person or legal entity who purchases Goods from the Online Store. The Buyer shall be deemed to be only a natural person or legal entity who has the right to purchase the Goods in accordance with the procedure laid down by applicable law.
1.6. Goods - shall mean tangible items that the Customer may purchase in the Online Store in accordance with the procedure and conditions set out in the Terms and Conditions.
1.7. Privacy Policy -shall mean a document drawn up by the Seller which sets out how personal data provided by Customers is processed. Privacy Policy is available at https://www.tukasev.com/en/content/2-privacy-policy.
1.8. Contract -shall mean a distance contract for the purchase of Goods between the Buyer and the Seller, consisting of an Order for Goods and these Terms and Conditions.
1.9. Party - shall mean the Seller or the Buyer.
1.10. Parties - shall mean the Seller and the Buyer collectively.
1.11. Terms and Conditions - shall mean these Terms and Conditions for purchasing from the Online Store.
1.12. Third Party - shall mean any natural person or legal entity other than the Seller or Buyer.
1.13. Order - shall mean a list of Goods selected by the Buyer for purchase, which shall be submitted to the Seller electronically after all the steps for ordering the Goods have been completed as specified in the Online Store.
2. APPLICATION OF THE TERMS AND CONDITIONS
2.1. The Terms and Conditions shall apply when the Customer visits the Online Store and/or purchases the Goods offered in the Online Store.
2.2. The Terms and Conditions shall be deemed to be a legally binding agreement between the Seller and the Buyer when the Buyer orders the Goods and ticks the box next to the statement “I accept and agree to be bound by the Terms and Conditions of Purchase and Sale of Goods”. By doing so, the Customer hereby confirms that he/she has read the Terms and Conditions in detail, agrees to the provisions set out therein and undertakes to abide by them when using the Online Store and purchasing the Goods.
2.3. The Terms and Conditions set out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of the Goods, the conditions of payment for the Goods, the procedure for the delivery of the Goods and the return of the Goods, as well as any other provisions relating to the purchase and sale of the Goods in the Online Store.
2.4. By purchasing the Goods, the Buyer also hereby confirms that he/she has read and understood the Privacy Policy by ticking the box next to the statement “I have read and accept the Privacy Policy”.
2.5. If the Buyer does not agree to the Terms and Conditions, the Buyer should not visit the Online Store and/or purchase the Goods. For the sake of clarity, it should be noted that it is not possible for the Buyer to accept these Terms and Conditions in part, unless otherwise agreed in writing between the Buyer and the Seller.
2.6. The Seller assumes no risk or liability and shall be exempt from all liability if the Buyer has not read the Terms and Conditions in whole or in part, despite having the opportunity to do so.
3. RIGHTS AND OBLIGATIONS OF THE BUYER
3.1. The Buyer shall have the right to use the Online Store and purchase the Goods in accordance with these Terms and Conditions, other information published by the Seller and applicable law.
3.2. The Buyer shall have the other rights provided for in these Terms and Conditions, in the information published by the Seller and in the applicable legislation.
3.3. Buyer undertakes:
3.3.1. To use the Online Store and purchase the Goods in good faith, in accordance with the Terms and Conditions and applicable law;
3.3.2. To provide only the correct and relevant data required to purchase the Goods;
3.3.3. To update any details provided in the Account when placing a new Order if they are incorrect or have changed. The Seller shall not be liable for damages caused to the Buyer and/or Third Parties if the Buyer provides inaccurate, incorrect or incomplete data in the Account, or fails to immediately correct the changed data;
3.3.4. Not to disclose your Account login details to Third Parties. If the Buyer loses his/her login credentials, he/she must inform the Seller thereof immediately;
3.3.5. Not to use the personal identity of a Third Party, create Accounts in the name of non-existent persons, data of non-existent companies and/or publish any personal information related to a Third Party;
3.3.6. Not to use the Online Store for any purpose that is illegal or prohibited by these Terms and Conditions or that could cause damage to the Seller or Third Parties;
3.3.7. To ensure that reviews of the Goods do not infringe the intellectual property rights of Third Parties, the Terms and Conditions, applicable law or ethical standards;
3.3.8. Not to publish any unlawful, offensive, racist, hateful, disinformative, discriminatory, pornographic, violent, unlawful or immoral content when providing reviews of the Goods;
3.3.9. To use the Online Store only for lawful purposes and only in ways that do not infringe the rights of the Seller and/or any other user of the Online Store;
3.3.10. To pay for the Goods ordered in accordance with these Terms and Conditions;
3.3.11. To collect the Goods ordered in accordance with these Terms and Conditions;
3.3.12. To inspect the Goods purchased and ensure that the Goods received are the Goods ordered by the Buyer before using them;
3.3.13. Not to infringe copyright, trademarks and/or other intellectual property rights owned by the Seller or Third Parties;
3.3.14. Not to take any action aimed at misappropriating information or data belonging to the Seller or to third parties, or at affecting the operation and technical functions of the Online Store;
3.3.15. Not to take any action that imposes an unreasonable or disproportionately large burden on the operation of the Online Store;
3.3.16. Not to use any device, software or procedure that interferes with or attempts to interfere with the proper functioning of the Online Store;
3.3.17. Not to take any action that violates or threatens the security of the Online Store.
3.3.18. To comply with any other obligations set out in these Terms and Conditions and applicable law.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall have the right:
4.1.1. To indefinitely block or terminate the Buyer's Account without prior notice to the Buyer if it becomes aware that the Buyer is in violation of his/her obligations under Section 3 of the Terms and Conditions. The Seller's decision to suspend and/or terminate an Account shall depend on the extent and duration of the violation and whether the violation is material to the Seller's business. In the event that the Buyer's Account is blocked or terminated, the Buyer shall be notified within a reasonable period of time by the e-mail address specified in the Account;
4.1.2. To restrict purchases of Goods that have the characteristics of a wholesale purchase, i.e. the Seller shall have the right to refuse to accept and/or execute the Order(s) where the Buyer orders unusually large quantities of the Goods in the retail trade, whether the Goods are ordered by a single Order or by several Orders placed within a relatively short period of time, or where the Buyer's Order has the characteristics of a wholesale purchase;
4.1.3. To temporarily or permanently discontinue the operation of the Online Store without prior notice to the Buyers. In such a case, Orders placed prior to the termination of the operations shall either be executed in full or the Buyers shall be informed of the termination of the operation of the Online Store and shall receive a refund of the price paid for the Goods.
4.1.4. Other rights provided for in these Terms and Conditions and applicable law.
4.2. The Seller undertakes:
4.2.1. To enable Buyers to purchase the Goods in the Online Store under the conditions set out in the Terms and Conditions;
4.2.2. To execute the Orders placed in accordance with the procedures set out in the Terms and Conditions;
4.2.3. To respect the privacy of Buyers and process their personal data in accordance with the Terms and Conditions, the Privacy Policy and applicable law;
4.2.4. To comply with any other obligations set out in these Terms and Conditions and applicable law.
5. GOODS
5.1. Offers to purchase the Goods and the prices quoted for the Goods shall be valid for as long as they are visible in the Online Store.
5.2. All information about the Goods, their availability, quantity, features and prices, and additional costs, if any, for the purchase of the Goods, shall be set out in the descriptions of the Goods in the Online Store.
5.3. The Seller hereby draws attention to the fact that the photographs of the Goods displayed in the Online Store are of an illustrative nature and the colour, shape or other parameters of the Goods may not correspond to the actual size, shape and colour of the Goods, due to the peculiarities of the software used by the Buyer. In all cases, the Buyer should refer to the description of the Goods available in the Online Store.
5.4. The Goods shall remain the property of the Seller until paid for in full.
6. ACCOUNT
6.1. The Buyer shall have the right to create an Account in the Online Store. During the registration process, the Buyer shall be required to enter his/her name, surname, other data required for the execution of Orders and create a password.
6.2. The Buyer shall be responsible for the security of the Account password. Any actions performed in the Buyer's Account shall be deemed by the Seller to be the actions of the Buyer. The Seller shall not be liable for any loss or damage resulting from the Buyer's failure to comply with the Account security obligations set out in this Section of the Terms and Conditions.
6.3.The Buyer undertakes to inform the Seller immediately if it becomes aware of any unauthorised use of the Online Store or unauthorised access to the Buyer's Account.
6.4. The Buyer shall have the right to delete his/her Account at any time.
6.5. The Buyer's Account shall be automatically terminated if the Buyer has not logged in for five years since the last login.
6.6. By using the Online Store, the Customer understands that he/she does not have ownership rights to the Account. The Seller shall have the right to terminate, delete or block the Buyer's Account and to delete all content related to the Account at any time and without prior notice if the Seller believes that the Buyer has violated these Terms and Conditions and/or any applicable law. Upon completion of the actions set out in this Clause, the Buyer will be notified within a reasonable period of time at the e-mail address specified in the Account.
7. CONCLUSION OF THE CONTRACT
7.1. Under the Contract, the Seller undertakes to sell and deliver the Goods ordered and paid for by the Buyer and the Buyer undertakes to pay for the Goods and to accept delivery of the Goods.
7.2. The Buyer may purchase the Goods by registering in the Online Store (creating an Account) or by not registering, but providing the necessary data for ordering the Goods: name, surname, delivery address, telephone number and e-mail address.
7.3. The e-mail address and/or telephone number provided by the Buyer may be used to send messages of an informative nature which are necessary to complete the order of the Goods. The Buyer also agrees that the purchase documents for the Goods (e.g. VAT invoices) shall be provided to the Buyer at the e-mail address provided by the Buyer. Paper VAT invoices shall not be sent to the Buyer.
7.4. It shall be the Buyer's responsibility to ensure that the data provided for the Order is accurate, correct and complete. If the data provided by the Buyer at the time of registration on the Online Store (creation of an Account) changes, the Buyer must update them immediately. In no event shall the Seller be liable for any damage caused to the Buyer and/or Third Parties as a result of the Buyer's provision of incorrect and/or incomplete data, or the Buyer's failure to modify and update the data as they change.
7.5. By placing an Order, the Buyer must select the Goods, the quantity of the Goods, the method of delivery of the Goods and agree to these Terms and Conditions and the Privacy Policy (if the Buyer does not agree to the Terms and Conditions and/or the Privacy Policy, the Buyer should not purchase the Goods).
7.6. The Buyer shall pay for the Goods in accordance with the procedure set out in Section 8 of the Terms and Conditions.
7.7. Once the Buyer has completed all the steps of ordering the Goods, the last of which is the payment for the Goods, the Buyer and the Seller shall be deemed to have entered into a sale and purchase relationship and to have concluded a Contract.
7.8. The Seller shall confirm the Order for the Goods and provide the basic Order information by sending a notification to the Buyer at the e-mail address provided by the Buyer.
7.9. The Buyer, by accepting the Terms and Conditions in accordance with the procedure set out in the Terms and Conditions, hereby agrees that the Seller may, in exceptional circumstances, refuse to confirm an Order for the Goods, or may revoke and cancel an Order for the Goods that has been confirmed by refunding to the Buyer all sums paid for the Goods and the shipment of the Goods, where, due to objective reasons beyond the Seller's control, the Seller is unable to complete the Order, or where it would take an unreasonable amount of time for the Seller to complete an Order. The Buyer shall be promptly informed of the termination or cancellation of the execution of the Order or the cancellation of the confirmation, as well as of the change of the delivery date of the Goods, at the e-mail address indicated by him/her. The Seller undertakes to inform the Buyer immediately of any change in the delivery date of the Goods and to agree on a new delivery date for the Goods. If the Buyer does not agree with the changed delivery date of the Goods, the Order shall be cancelled and the Buyer shall receive a full refund of the amount paid for the Goods and their delivery.
7.10. If the Buyer starts an Order but does not complete it, i.e. does not make payment, the Contract shall be deemed not to have been formed.
7.11. A Buyer with a valid Account may view his/her Order history by logging into the Account. Goods shall not be subject to reservation. Goods shall be written off in the balances only at the time of purchase. Buying one of the last items is likely to result in longer production times. While the payment was being processed or the product was being configured, another customer managed to buy the last product.
8. PAYMENT FOR THE GOODS
8.1. The price applicable to the Goods shall be the price quoted for the Goods at the time of placing the Order.
8.2. The prices of the Goods, including the then prevailing rate of value added tax (VAT) and other taxes, if applicable, shall be quoted in euros. The price of the Goods listed on the Online Store shall not include delivery costs. The delivery costs of the Goods shall be specified after the Buyer has selected the specific location and method of delivery of the Goods. Customs duties shall also not be included. Customs duties shall be paid and all documentation maintained by the Buyer.
8.3. Unless otherwise specified in respect of a particular Goods, the Buyer shall pay the delivery costs of the Goods.
8.4. The Buyer may pay for the Goods in one of the following ways: via Paysera (Paysera LT, UAB), by bank transfer, Mollie money collection system or by instalment (by selecting the leasing services of AB Šiaulių bankas.
Seller's details for payment by bank transfer:
Beneficiary: UAB Tukas EV
Legal entity code: 304855035
Bank account No.: LT947300010155377135
Bank: Swedbank
SWIFT code: HABALT22
Purpose of payment: it is mandatory to indicate the order number
8.5. The Buyer's credit card information shall not be stored, therefore the entire payment process is completely safe and secure.
8.6. The Order shall be confirmed and commence when payment for the Goods has been received by the Seller (when payment is credited to the Seller's bank account).
9. DELIVERY OF GOODS
9.1. Goods shall be delivered to the address specified in the Buyer's Order throughout Europe.
9.2. The price and time for delivery of the Goods shall be specified in the descriptions of the Goods or upon the Buyer's choice of the place and method of delivery of the Goods. The Buyer hereby agrees that in unforeseen and objective circumstances, the delivery date of the Goods may be different from the dates indicated in the descriptions of the Goods. In such case, the Seller undertakes to contact the Buyer immediately to agree on the delivery date and other delivery-related matters. If the Buyer does not agree to the new delivery date, the Order shall be cancelled and the Buyer shall be refunded the amount paid for the Goods.
9.3. The Goods will be delivered to the Buyers via a courier service or transport companies that are engaged in B2B, B2C service, which can transport our goods safely.
9.4. In all cases, the Seller shall be exempted from liability for the violation of the terms of delivery of the Goods if the Goods are not delivered to the Buyer, or if they are not delivered on time due to the Buyer's fault or due to force majeure.
9.5. Goods may only be collected from the Seller by the Buyer, the Buyer's legal representative or the person specified by the Buyer at the time of placing the Order.
9.6. In the event that the Goods are to be delivered to the general address specified in the Order, the Buyer hereby agrees that the Goods shall be deemed to have been delivered upon actual delivery to the said specified general address, even if the Goods are accepted by a Third Party. From the moment of delivery of the Goods, all risk in respect of the Goods shall pass from the Seller to the Buyer, even if the Goods have been delivered to a Third Party (upon acceptance by the Buyer at the General Address specified in the Order).
9.7. At the time of delivery of the Goods, the Buyer shall be obliged to inspect the condition of the consignment of the Goods together with the person delivering the Goods. Once the Buyer has signed a document evidencing the transfer of the consignment (e.g. a VAT consignment note or other document evidencing the transfer of the consignment), the consignment shall be deemed to have been transferred in good condition. If the Buyer notices that the packaging of the delivered consignment is damaged or the Goods are missing, the Buyer shall be obliged to note this fact in the document marking the delivery and acceptance of the consignment and, in the presence of the person delivering the consignment of the Goods, to draw up a free-form consignment damage report. If the Buyer fails to inspect the consignment and fails to draw up a free-form consignment damage report in accordance with the prescribed procedure, the Seller shall be exempted from liability in respect of any damage to the Goods, provided that such damage is due to damage to the packaging and/or defects in the Goods.
10. WARRANTIES FOR GOODS
10.1. The Seller undertakes to sell to the Buyer high quality Goods.
10.2. Legal warranty: from the date of delivery of the Goods, the Goods shall be covered by a warranty:
a) For B2C customers – a 2 (two) year quality warranty, unless otherwise stated in the applicable legislation.
b) For B2B customers – a 1 (one) year quality warranty, unless otherwise stated in the applicable legislation.
10.3. The quality warranty of the Goods shall not cover failures or other defects in the Goods which are not caused by the fault of the Seller or the manufacturer of the Goods. No warranty shall apply where the defects or damage to the Goods have been caused by negligence or carelessness, by external influences, by natural wear and tear, by incorrect installation or by use and maintenance other than that specified by the manufacturer of the Goods or by customary practice. The Seller hereby draws the Buyer's attention to the fact that certain defects or malfunctions may be caused by improper installation, use or maintenance, and the Buyer undertakes to comply with the installation, use and other requirements specified in the instructions for the Goods.
10.4. The packaging of the Goods must be preserved until the end of the warranty period. For the return of the Goods, the Goods must be packed only in the boxes intended for them (as received by the Buyer).
11. REPLACEMENT, RETURN OF FAULTY GOODS
11.1.If the Goods do not comply with the quality requirements, the Buyer shall have the right, in accordance with the procedure established by the legislation of the Republic of Lithuania, to demand that the proper quality of the Goods be ensured, a proportionate reduction in the price of the Goods, or may terminate the Contract unilaterally. In such a case, the Buyer must provide the Seller with a document confirming the purchase of the Goods.
11.2. In order to ensure the proper quality of the Goods, the Buyer shall have the right to choose to require the Goods to be repaired or to require them to be replaced, unless it would not be possible to comply with the requirement, or the Seller would incur a disproportionate amount of costs in comparison with the cost of complying with the other requirement, taking into account all the circumstances, including the value of the Goods in a defect-free situation; the significance of the defect/non-conformity of the Goods; and whether application of a different requirement would not cause inconvenience to the Buyer.
11.3.The Seller shall have the right to refuse to ensure the proper quality of the Goods if the Goods cannot be repaired or replaced, or if the Seller would incur disproportionate costs in doing so, taking into account all the circumstances, including the value of the Goods in a non-defective condition and the significance of the defect/non-conformity.
11.4. The Buyer shall be entitled to demand a proportionate reduction in the price of the Goods or terminate the Contract if:
11.4.1. The Seller has not repaired or replaced the Goods, or the repair or replacement of the Goods does not comply with the requirements set out in the Terms and Conditions or the applicable legislation of the Republic of Lithuania, or the Seller has refused to ensure the proper quality of the Goods in accordance with Clause 11.3 of the Terms and Conditions;
11.4.2. The defect in the Goods occurred despite the Seller's attempts to ensure the proper quality of the Goods;
11.4.3. The defect in the Goods is material;
11.4.4. The Seller has stated or it is clear from the circumstances that it will not ensure the proper quality of the Goods within a reasonable period of time or that this will cause serious inconvenience to the Buyer.
11.5. The Buyer shall not be entitled to terminate the Contract if the defect in the Goods is minor.
11.6. In order to exercise the rights set out in this Section of the Terms and Conditions, the Buyer must notify the Seller of the non-conformity of the Goods with the quality requirements no later than within two months from the date of discovery of the non-conformity.
11.7. Repair or replacement of the Goods:
11.7.1. The Seller undertakes to ensure that the Goods are repaired or replaced free of charge in the case provided for in this Section of the Terms and Conditions and within a reasonable period of time from the moment when the Buyer has informed the Seller in writing of the defective quality of the Goods;
11.8. Price reduction and termination of the Contract:
11.8.1. The Seller undertakes to ensure that the reduction in the price of the Goods in the case provided for in this Section of the Terms and Conditions is proportionate to the reduction in the value of the Goods in relation to the value that the Goods would have had in the absence of defects;
11.8.2. The Buyer shall exercise its right to terminate the Contract in the case provided for in this Section of the Terms and Conditions by submitting to the Seller a statement expressing its decision to terminate the Contract;
11.8.3. Upon termination of the Contract by the Buyer:
11.8.3.1. The Buyer must return the Goods to the Seller at the Seller's expense;
11.8.3.2. Upon receipt of the returned Goods or the proof provided by the Buyer that the Goods have been dispatched, the Seller undertakes to reimburse to the Buyer the price paid for the Goods within a maximum of fourteen days.
12. INFORMATION ON WITHDRAWAL
12.1. Right of withdrawal: The Buyer shall have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period shall expire 14 days after the date on which the Buyer or a person specified by the Buyer, other than the carrier, has received the Goods ordered.
12.2. In order to exercise the right to withdraw from the Contract, the Buyer must notify the Seller of his/her decision by means of an unequivocal statement (e.g. by post or e-mail). The Buyer may use the model withdrawal form attached to the Terms and Conditions (Annex 1), but this is not obligatory. In order to comply with the withdrawal period, it shall be sufficient for the Buyer to send a notification of the exercise of his/her right to withdraw from the Contract before the end of the withdrawal period.
12.3. Consequences of withdrawal:
12.3.1. Upon the exercise of the right of withdrawal by the Buyer, the obligations of the Parties to perform the Contract shall cease;
12.3.2. The Seller undertakes to reimburse to the Buyer all sums paid by the Buyer, including the costs of delivery of the Goods paid by the Buyer, without undue delay and at the latest within fourteen days from the date on which the Seller receives the Buyer's notice of withdrawal. When refunding to the Buyer any sums paid, the Seller undertakes to use the same method of payment as that used by the Buyer when paying the Seller for the Goods, unless the Buyer has expressly agreed to a different method of payment and provided that the Buyer does not incur any other additional costs;
12.3.3. The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer's express choice of a method of delivery other than the cheapest conventional method of delivery offered by the Seller;
12.3.4. The Seller may not refund the amounts paid by the Buyer until the Goods have been returned to the Seller or until the Buyer provides proof that the Goods have been sent to the Seller, whichever is the earlier
12.3.5. The Buyer shall, without delay and no later than fourteen days from the date of giving notice of withdrawal to the Seller, dispatch or transfer the Goods to the Seller.
12.3.6. The Buyer, in the case of return of the Goods as provided for in this Section of the Terms and Conditions, shall only be liable for any diminution in the value of the Goods caused by actions not necessary to determine the nature, characteristics and performance of the Goods, however, the returned Goods must be in pristine condition, in the original, neat and tidy packaging, with the labels, protective measures, in a complete set, with all the attachments, if such attachments are enclosed (e.g., instruction manual, any other documents), without any loss of its marketable appearance or properties, and unused.
12.3.7. The Seller shall have the right to refuse to accept the Goods returned by the Buyer in accordance with the procedure set out in this Section of these Terms and Conditions, if the returned Goods do not comply with the requirements set out in these Terms and Conditions and in the applicable legislation, due to the Buyer's actions, which are unnecessary to determine the nature, characteristics and performance of the Goods.
12.4. The Buyer's right to withdraw from the Contract shall not apply in the cases provided for in the applicable law.
12.5. The right of withdrawal provided for in this Section of the Terms and Conditions shall not apply to a Buyer who is not considered to be a consumer under the applicable law, i.e. a Buyer who purchases the Goods for the purposes of his/her business, trade, craft or profession.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. All content of the Online Store, including all text, graphics, images, photographs, any footage or visual material/recordings, trademarks, logos, other pictorial marks, illustrations, and the graphic design of the Online Store, software code and/or individual parts of all of the foregoing, domains and other items (hereinafter referred to as the Content), shall be considered to be the intellectual property of the Seller or a Third Party and shall be protected by applicable copyright and intellectual property laws.
13.2.The Buyer understands that by using the Online Store and purchasing the Goods, the Buyer does not acquire any rights to the Content and may only use the Content in accordance with these Terms and Conditions.
13.3. The Buyer who infringes the Seller's or Third Parties' intellectual property rights shall be obliged to indemnify any damages suffered as a result of such infringement.
14. REVIEW OF GOODS
14.1. After registering for an account or purchasing the Goods, the Buyer shall have the right to evaluate the purchased Goods by leaving his/her review in the review section of the Online Store.
14.2. In order to leave a review, the Buyer will be required to tick the stars representing quality (few stars – poor quality, many stars – good quality) and write a review in the appropriate space.
14.3. Reviews left in the Online Store shall be made published. The best reviews shall be at the top and the worst shall be at the bottom.
14.4. The Seller undertakes to make public all reviews, both positive and negative, left by Buyers about the purchased Goods. The Seller may unilaterally decide to disable the display of all reviews. The Seller may correct or delete a review with the consent of the person who left the review, which may be verbal or written (by telephone, e-mail, etc.).
14.5. The Seller undertakes to comply with the requirements of applicable legislation, these Terms and Conditions and the Privacy Policy when collecting and publishing reviews of the Buyers.
15. LIABILITY
15.1. The Parties shall be liable for non-performance of their obligations under these Terms and Conditions in accordance with the procedures set out in these Terms and Conditions and/or applicable law.
15.2. The Party whose acts/omission cause the other Party to suffer a loss shall be liable to indemnify the other Party for any direct loss suffered by it, unless otherwise provided for in the individual clauses of the Terms and Conditions and in the applicable mandatory provisions of law.
15.3. The Seller shall be exempted from any liability in cases where the Buyer suffers losses due to the fact that the Buyer did not actually read these Terms and Conditions, the Privacy Policy and/or other information provided to the Buyer in the description of particular Goods in the Online Store, although he/she had the opportunity to do so.
15.4. The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure. Force majeure shall be understood as defined in the applicable law. A Party that is prevented from performing its obligations as a result of force majeure must inform the other Party in writing without delay, but no later than 3 (three) Business Days after the occurrence or discovery of such circumstances.
16. PROVISION OF INFORMATION
16.1. Notifications relating to the execution of the Buyer's Order shall be sent to the Buyer's designated e-mail and/or telephone number. The Seller shall not be liable if the Buyer does not receive the sent information or confirmation messages due to the Internet connection, network disruptions of the e-mail service providers, messages being sent to the SPAM catalogue or incorrect data provided by the Buyer.
16.2. The Buyer may submit all notices, claims, requests and questions to the Seller through the contacts provided for in Clause 1.3 of the Terms and Conditions.
17. CHANGES TO THE TERMS AND CONDITIONS
17.1. The Seller shall have the right to change, amend or supplement the Terms and Conditions at any time. Unless otherwise stated, changes to the Terms and Conditions shall be notified to the Buyers in the Online Store and shall come into force immediately after their public announcement in the Online Store. If the Buyer does not agree with the new Terms and Conditions, the Buyer should no longer visit the Online Store and/or purchase the Goods.
17.2. The current and valid version of the Terms and Conditions shall always be available in the Online Store. The version of the Terms and Conditions in force at the time the Order is placed shall apply to that particular Order.
18. FINAL PROVISIONS
18.1. The Online Store may contain links to other websites and content operated by Third Parties. The Buyer understands and agrees that the Seller assumes no liability for the content of Third Parties. A link from the Online Store to such content does not imply endorsement or liability on the part of the Seller.
18.2. The Terms and Conditions and the purchase of Goods shall be governed by the law of the Republic of Lithuania. Any disputes/disagreements arising out of these Terms and Conditions and/or the Goods sold shall be settled and referred to the competent courts of the Republic of Lithuania.
18.3. The Seller may assign all of its rights and obligations under these Terms and Conditions without the consent of the Buyer, who is a consumer (as such term is understood under applicable law), provided that such assignment does not impair the Buyer's position under these Terms and Conditions and does not diminish the warranties afforded to it. The Buyer may not assign or transfer any of its rights and obligations hereunder without the prior written consent of the Seller and any unauthorised assignment of such rights and obligations shall be void.
18.4. If any provision of the Terms and Conditions is held to be invalid under applicable law, the remaining provisions of the Terms and Conditions shall continue to apply unless the invalid provisions render the implementation of the remaining provisions of the Terms and Conditions materially impossible. Should any provision or part of the Terms and Conditions be or become invalid or no longer bind the Parties, the Parties shall negotiate in good faith and replace it with alternative language that reflects as closely as possible the intention of the Parties.
18.5. No delay, omission or failure by either Party to exercise any of its rights or remedies under the Terms and Conditions or applicable law shall be deemed to be a waiver or acquiescence to the event giving rise to such right or remedy.
18.6. If the Buyer has a complaint against the Seller, the Buyer may outline and submit it in writing to [email protected] . The Seller undertakes to respond to such claims of the Buyer within 14 (fourteen) calendar days from the date of receipt of the Buyer's request. If you are a consumer (as defined under applicable law), you also have the right to resolve your dispute by contacting the State Consumer Rights Protection Authority of the Republic of Lithuania (Vilniaus st. 25, 01402 Vilnius, Republic of Lithuania, e-mail: [email protected], tel. No.: 852626751, website: www.vvtat.lt), or its territorial offices, or fill in the application form on the EGS platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT.
Annex 1
MODEL WITHDRAWAL FORM FOR DISTANCE CONTRACTS
(Please complete and return this form only if you wish to withdraw from the contract)
Intended for:
UAB Tukas EV
Legal entity code: 304855035
Address: Eišiškių pl. 8A, LT-02184 Vilnius, Republic of Lithuania
E-mail address [email protected]
I hereby give notice that I am withdrawing from the contract for the purchase and sale of the goods:
Order number and date:
Name, surname of the user:
Date of birth of the user:
E-mail address, telephone number of the user:
Signature of the user:
Date:
