1.1. General provisions
1.1.1. These Terms of Purchase and Sale (hereinafter referred to as the Rules) are regulated by the person (hereinafter referred to as the Buyer), who purchases the goods at www.tmoto.lt e-shop and the company “Tadas Varnas” (hereinafter referred to as the Seller), mutual rights, obligations and responsibilities of as well as other relations related to the sale / purchase of goods. By buying goods in the e-shop, the Buyer confirms that he understands these Rules and will follow them.
2.2. Protection of personal data
2.2.1. Buyer ordering goods by e-shop www.tmoto.lt must specify the data necessary for the execution of the goods order: name, surname, shipping address, telephone number and e-mail address.
2.2.2. The Seller confirms that the data provided by the Buyer will only be used for the purchase and sale of goods by e-shop for www.tmoto.lt. The Seller undertakes not to disclose this information to third parties, except for the Seller’s partners delivering goods or other services related to the execution of the Customer’s order. In all other cases, any personal data of the Buyer may be disclosed to third parties only in accordance with the procedure provided for in the legal acts of the Republic of Lithuania.
3.3. The moment of conclusion of the puschase-sale contract
3.3.1. The agreement between the Buyer and the Seller is deemed to be concluded from the moment when the Buyer chooses the item and has completed the order, in which he has specified all the necessary data for the order, having read these Rules, clicking the “Confirm” button.
3.3.2. Each contract concluded between the Buyer and the Seller is archived in the database of the Tadas Varnas company.
4. 4. Buyer’s rights
4.4.1. Buyer has the right to purchase goods in the e-shop www.tmoto.lt in accordance with these Rules and laws of the Republic of Lithuania or other legal acts.
4.4.2. The Buyer has the right to refuse from the Agreement on the Sale of Goods concluded on the e-shop by notifying the Seller in writing within 14 days from the date of delivery of the goods, except when the sale-purchase contract was concluded for:
4. 4.2.1. The sale of audiovisual works and phonograms on any video or audio media, computer software, if the User has violated the protection of the packaging.
4. 4.2.2. Goods that were custom-made or customarily custom-made to the Buyer or which, by their very nature, can no longer be returned to the Buyer due to the loss of marketable qualities.
4. 4.2.3. In other cases, when the purchase-sale agreement can not be waived under the laws of the Republic of Lithuania.
4.4.3. The buyer’s right to terminate the sales contract is implemented in accordance with the Civil Code of the Republic of Lithuania and the Resolution of the Government of the Republic of Lithuania (22 July 2014) regarding the approval of retail trade rules and the Retail Trade Rules themselves, which the Buyer has the right to use if the goods were not damaged and / did not change its brand appearance, packaging, it was not used.
5. 5. The buyer’s duties
5. 5.1. The Buyer is obliged to pay for the goods and other related payments related to the execution of the order and accept the ordered goods in accordance with the procedure established by these Rules.
5. 5. 2. The buyer for the goods ordered in the e-shop reports to the Paysera system or in cash.
5.5.3. The Buyer must inform the Seller about termination of the purchase agreement by e-mail info@tmoto.lt within 14 days from the date of delivery of the item, when the item is being sold and from the date of conclusion of the contract, when the services are provided.
5.5.4. If the Customer’s registration form changes, the Buyer must inform the Seller via e-mail info@tmoto.lt.
5. 5.5. The Buyer must comply with the requirements of these Rules and legal acts of the Republic of Lithuania.
6. 6. Seller’s rights
6. 6.1. If the Buyer attempts to damage or impair the functioning of the e-shop or breaches its obligations or these Rules, the Seller shall have the right to cancel the valid sales contracts without the prior notice and to cancel the possibility for the Buyer to conclude new contracts without prior notice.
6. 6.2. The Seller may terminate or temporarily suspend the activity of the e-shop without notice.
6.3. The Seller has the right to terminate the Purchase Agreement if the Buyer does not withdraw his order within 15 business days from the date of delivery to the Tadas Varnas Company.
6.4. The Seller has the right to update these Regulations by posting it on the website www.tmoto.lt.
7. 7. Seller’s responsibilities
7. 7.1. The Seller does not provide any guarantee that the e-shop will function properly or that the data transfer will be free of errors, but at the same time undertakes to make every possible effort for the proper functioning of the e-shop.
7.7.2. The Seller undertakes to complete the order within 1-15 business days from the date of submission (excluding weekends and public holidays). When the buyer selects a bank transfer payment, the time frame for the execution of the order starts from the date of receipt of funds to the Seller’s account. The Seller must notify the Buyer before the expiry of the deadline for the execution of the order specified in the Rules about the delayed completion of the order.
7. 7.3. The Seller, due to important circumstances, unable to fulfill the order, undertakes to offer the next item from the e-shop catalog not later than within 15 working days or to return the money paid for the order. The Buyer informs the Seller by e-mail info@tmoto.lt or sends a request for return of the money at the same e-mail, which must indicate his / her personal data and the A / S number.
7. 7.4. The Seller undertakes to comply with the other requirements specified in these Rules.
8. 8. Contract Price and Payment
8. 8.1. Price list in the e-shopwww.tmoto.lt is indicated in Euros with VAT. The purchase price includes the total amount of goods purchased and, in the case of delivery of orders to the Buyer’s preferred place, transport costs.
8.8.2. Buyer for the goods ordered in the store pays by cash or by Paysera system.15. 15. Final provisions
8. 8.3. The Buyer agrees that upon the submission of the order of the Product and upon confirmation by the Seller, the price of the item may change depending on the factors influencing the price of the product, such as the increase of the cost of the product, the technical error of the information systems, additional costs related to the sale of the item to the Buyer (Paragraph 6.313 7 part of the Civil Code of the Republic of Lithuania) In this case, if the Buyer refuses to purchase the item for a new price, the Seller undertakes to provide the analogous item for the initial order price. If the Buyer refuses these conditions, the Purchase Agreement may be terminated on the initiative of either party.
9.9. Delivery of goods
9. 9.1. Buyer, when ordering goods at e-shop www.tmoto.lt, can choose the place for delivery of goods – “Tadas Varnas” shop or receive the goods at the desired address of the Buyer. In the case of delivery to the shop, the buyer must indicate the order of the goods in the comment.
9. 9.2. Delivery of goods to “Tadas Varnas” shop is free of charge.
9. 9.3. Delivery price to the desired address of the Buyer is from 5 Eur with VAT payable by bank transfer and other payable systems.
9. 9.4. Bulky parcels can be charged up to 26.00 EUR including VAT (delivery price depends on the bulk and weight of the batch). The Seller informs the Buyer of this fee in writing or by telephone before the delivery of the goods and only with the Purchaser’s acceptance of delivery conditions such order is executed.
9. 9.5. Orders with a sum of goods exceeding 150 Euros with VAT are provided by the Seller free of charge, except when large consignments are sent.
9. 9.6. The Buyer undertakes to accept the goods himself, in cases where the Buyer is not able to accept the goods, the Buyer’s authorized representative may take them back.
9. 9.7. At the time of acceptance of the Goods, the Buyer must check with the Seller or courier the condition of the goods. If the condition of the goods is inappropriate, it is necessary to draw up an act of violation of the free-form product, which must be confirmed by both parties in their signatures. In such a case, the Buyer must inform the Seller within two working days from the census of the infringement act about the fact of completing the violation.
9. 9.8. If the Buyer signs the Goods Acceptance and Transfer Act, the Buyer shall be deemed to have received qualitative goods and the Seller is released from liability for violations of mechanical goods.
10. 10. Warranty of goods
10. 10.1. The characteristics of each item sold in the e-shop are indicated in the specification, additional information is provided by contacting info@tmoto.lt in case of uncertainties regarding the features of the goods.
10. 10.2. For each item sold on an online store, a warranty is provided by the manufacturer, unless the Seller sets another warranty period (this term is specified in the product specification).
10. 10.3. A guarantee document is an invoice or other document confirming the purchase (check, used credit agreement).
10. 10.4. In cases where the goods are under warranty maintenance by the manufacturer of the goods, the Seller has the right to redirect the Buyer to the authorized service center authorized by the manufacturer.
10. 10.7. Guaranteed conditions for repaired goods are valid for the remaining warranty period. New replacement products or parts are subject to a new warranty from the manufacturer.
11. 11. Repayment and replacement of goods
11. 11.1. Return of goods takes place in accordance with the Government of the Republic of Lithuania resolution (22 July 2014) regarding the approval of retail trade rules and the rules of the Retail Trade itself.
11. 11.2. The Buyer has the right within 14 days to return the Goods purchased to the Seller in cases where the item was sent to the address indicated by the Buyer, i.e. when the Buyer did not have the opportunity to properly assess the functionality and characteristics of the ordered goods.
11. 11.3. The Buyer has the right to return to the Seller only such product which is in perfect trade appearance and condition (original equipment, undamaged package, technically clean).
11. 11.4. In cases of return of goods, replacement of goods with similar goods is possible, depending on the circumstances and with the consent and / or upon request of the Buyer.
11. 11.5. The money for returned goods is in all cases transferred to the bank account specified by the payer.
12. 12. Responsibility
12. 12.1. The Buyer is solely responsible for the accuracy of the personal data provided by him. If the Buyer fails to provide accurate personal data, the Seller is not liable for the consequences arising therefrom and acquires the right to demand direct damages from the Buyer.
12. 12.2. The Seller shall not be liable for losses incurred by the Buyer if they were incurred without taking into account the Seller’s suggestions and recommendations, as well as non-compliance with these Rules, although the opportunity to get acquainted with them was given to the Buyer.
12. 12.3. In the event of damage, the damaged party shall compensate the other party for the damage caused by her fault.
13. 13. Extraordinary circumstances
13. 13.1. The Parties are not responsible for the full or partial failure of their obligations under these Rules if this is due to force majeure circumstances. The parties understand the circumstances as force majeure as established by the Civil Code of the Republic of Lithuania. If the above circumstances take longer than 1 month, the Parties may terminate these Rules by mutual agreement.
14. 14. Exchange of information
14. 14.1. The Seller sends all information related to the execution of the order to the e-mail address specified in the Buyer’s account.
14. 14.2. The Buyer sends all messages and questions to the Seller by the indicated e-mail addresses.
15. 15. Final provisions
15. 15.1. These Rules are established in accordance with the legal acts of the Republic of Lithuania.
15. 15.2. Relationships arising from these rules are governed by the law of the Republic of Lithuania.
15. 15.3. All disputes arising from the enforceability or validity of these rules shall be resolved by negotiation.
Failing to reach an agreement, disputes shall be resolved in accordance with the procedure established by laws of the Republic of Lithuania.