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1. General provisions
This Purchase and Sale Agreement (hereinafter referred to as the "Terms") is a legally binding document which sets out the rights, obligations and responsibilities between the Buyer (hereinafter referred to as the "BUYER") and Nojus UAB (hereinafter referred to as the "SELLER") in relation to the purchase of goods by the BUYER in the online shop (hereinafter referred to as the "e-shop").
The contract between the PURCHASER and the SELLER shall be concluded in accordance with the Order of the Minister of Economy of the Republic of Lithuania No. 258 of 17 August 2001 "On the Approval of the Rules for the Sale of Goods and Provision of Services when Contracts are Concluded by Means of Communication".
2. Concluding the sale and purchase agreement
2.1 The contract between the BUYER and the SELLER shall be deemed to be concluded from the moment the BUYER clicks on the "Confirm Order" button, confirming the order of the goods in the shopping cart. Immediately after the order has been dispatched, the BUYER shall also receive confirmation that the order has been received and accepted. The Purchase Contract shall come into force when the BUYER receives confirmation of the dispatch of the Goods or the receipt of the Goods.
2.2 Each contract concluded between the SELLER and the BUYER is stored in the e-shop.
3. Buyer's rights
3.1 The BUYER shall have the right to purchase goods in the e-shop in accordance with these Rules and the e-shop.
3.2 The BUYER has the right to withdraw from the contract for the purchase of goods with the e-shop by notifying the SELLER in writing (by letter, fax, e-mail specified in the contact details) within 14 (fourteen) calendar days from the date of the order, unless the contract is concluded due to:
3.2.1. the supply of audiovisual works and phonograms in any audiovisual media, computer programs, where the consumer breaches the packaging protections;
3.2.2. the supply of newspapers, magazines or other periodicals;
3.2.3. participation in games or lotteries.
3.3 If the BUYER does not notify the SELLER of the cancellation of the order as set out in clause 3.2, the SELLER shall have the right to cancel the order without prior notice to the BUYER.
4. The BUYER responsibilities
4.1 The BUYER is obliged to accept the goods ordered and to pay the agreed amount for them.
4.2 The BUYER undertakes not to pass on his identification code to third parties. If the BUYER loses his/her identification code, he/she must immediately inform the SELLER by telephone or e-mail in the "Contacts" section of the shop.
4.3 If the data provided by the PURCHASER in the registration form changes, the PURCHASER must update them immediately.
4.4 If the BUYER provides an incorrect delivery address, the BUYER shall pay the SELLER the additional costs (if any) incurred by the SELLER for the redirection of the shipment.
4.5 By using the e-shop, the BUYER agrees to these terms and conditions of sale and must comply with them.
4.6 The BUYER undertakes to comply with the Terms and Conditions and with the requirements set out in the legislation of the Republic of Lithuania.
5. Rights of the SELLER
5.1 If the BUYER attempts to interfere with the operation or stable functioning of the e-shop, the SELLER may, without prior notice, restrict or suspend the BUYER's ability to use the e-shop or, in exceptional cases, cancel the BUYER's registration.
5.2 The SELLER may, in important circumstances, temporarily or permanently suspend the operation of the e-shop without notice to the BUYER.
5.3 The SELLER may unilaterally modify the terms of these rules.
5.4 The SELLER shall have the right to cancel an order without prior notice if the BUYER, having chosen the payment methods "pay by bank transfer" or using online banking systems, fails to pay for the goods within 5 (five) working days.
6. The SELLER undertakes
6.1. to provide all conditions for the BUYER to properly use the services provided by the e-shop.
6.2. to dispatch the goods ordered by the BUYER by the method of delivery chosen by the BUYER, to the specified address in Lithuania, within 5 (five) working days from the receipt of the confirmation, if the BUYER pays by bank transfer or uses online banking systems. If the BUYER chooses the payment method "pay in cash", the goods shall be dispatched within 5 (five) working days from the date of order confirmation. The goods may be delivered in this way by separate agreement between the BUYER and the SELLER.
6.3 In the event of important circumstances where the SELLER is unable to deliver the goods ordered to the BUYER, the SELLER undertakes to offer an equivalent product. If the BUYER refuses to accept the analogue product, the BUYER shall be refunded the money paid within 72 hours, provided that prepayment has been made.
6.4 The SELLER undertakes to respect the BUYER's privacy and to process the BUYER's personal data in accordance with the procedure established by the legislation of the Republic of Lithuania.
7. Collection and processing of personal data
7.1 By clicking on the "Confirm Order" button on the order form, the BUYER confirms that he/she and/or his/her representatives agree to provide the SELLER with his/her personal data as specified in these Terms and Conditions and in the registration form, and does not object to the processing of the personal data provided by the BUYER and/or his/her representatives for the purposes of online trading and direct marketing by the SELLER.
7.2 By clicking on the "Confirm Order" button, the BUYER confirms that he/she and/or his/her representatives agree to present to the SELLER and/or to the third party who delivers the goods on the SELLER's instructions one of the following personal identification documents at the point of collection of the goods: an ID card, a passport, or a driving licence of a new type, in order to identify the BUYER and/or his/her representatives properly for the purpose of online marketing. The BUYER also confirms that he/she and/or his/her representatives agree that, at the time of collection of the goods at the place of collection, the SELLER and/or the third party who delivers the goods on the SELLER's instructions, shall take down the data of the ID provided by the BUYER and/or his/her representative and process these data for online trading purposes.
7.3 By subscribing to the newsletter and clicking on the "Subscribe" button, the BUYER confirms that he/she and/or his/her representatives consent to the processing by the SELLER of the personal data of the BUYER and/or his/her representatives provided to the SELLER for direct marketing purposes.
7.4 The SELLER shall process the following data of the PURCHASER for the purposes referred to in Clauses 7.1, 7.2 and 7.3 of the Regulations: name, surname, delivery address, telephone number, e-mail address, IP address, payment details for the goods and/or services (bank account number), purchase history of the PURCHASER and/or his representatives.
7.5 The BUYER's data listed in Clause 7.4 of the Terms and Conditions is or may be processed for the following purposes: to process orders placed by the BUYER, to issue purchase documents, to resolve questions or uncertainties related to the delivery of the goods, to send newsletters and/or for other direct marketing purposes (special offers, promotions, discounts).
7.6 The Online Shop may also use cookies that are stored on the BUYER's computer browser. The information stored in cookies may be used to identify the PURCHASER, to store information about the goods purchased and/or placed in the shopping cart, and to collect statistics about the number of visitors to the e-shop. The BUYER has the possibility to view and delete all cookies stored by using his/her web browser settings. The SELLER warns that blocking or removing cookies may make it more difficult to use the e-shop and/or its functions.
7.7 The SELLER shall ensure the protection of the PURCHASER's personal data against any unauthorised or unlawful actions by means of a set of technical and organisational measures. The BUYER's personal data shall be stored and processed in accordance with the requirements of the Law on Legal Protection of Personal Data of the Republic of Lithuania and other legal acts related to the protection and processing of personal data.
7.8 The BUYER's personal data shall be kept for as long as the requirements of the legislation of the Republic of Lithuania provide for or until such time as reasonable claims may arise between the BUYER and the SELLER in respect of the contractual relationship.
7.9 The SELLER shall have the right to correct, supplement or delete the PURCHASER's personal data only upon the PURCHASER's request.
7.10. The BUYER has the right to request information about the personal data processed by him and the manner in which it was collected. The BUYER has the right to object to the processing of his/her personal data for direct marketing purposes or to withdraw at any time his/her prior consent to the processing of personal data for direct marketing purposes. The BUYER has the right to contact the SELLER, after the complete execution of the contract for the sale of goods and services, and to request that his/her personal data be destroyed and no longer be processed. Any request or instruction related to the storage and processing of personal data must be sent by the BUYER to the SELLER at the address of the SELLER's registered office (Raudondvario pl. 127, LT-47188, Kaunas, Lithuania) or by e-mail nojus@nojus.lt.
8. Sending information
8.1 The SELLER shall send all notifications to the email address provided by the BUYER in the registration form.
8.2 The BUYER shall send all notifications and queries to the address or e-mail address specified in the "Contact" section of the SELLER's e-shop.
9. Final provisions
9.1 These Rules shall be governed by the laws of the Republic of Lithuania.
9.2 All disputes arising out of the operation of these Rules shall be settled by negotiation. In the event of failure to reach an agreement, disagreements shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.