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E-Store terms and conditions

Terms and Conditions

1.1. Trading at the www.timbela.com e-shop (hereinafter e-shop) is conducted in accordance with the Terms and Conditions – a legally binding document that every Buyer must become familiar with before placing an order. Terms and Conditions define the rights and obligations of the Buyer and the Seller, the terms of purchase and payment, delivery and return procedures, the liability of the parties and other procedures related to the purchase of the goods.

1.2. A buyer is a person or an entity that meets the criteria set out in point 1.3. Seller is a company UAB „TIMBELA IR KO“ operating under the laws of the Republic of Lithuania and the European Union. The Terms and Conditions come into effect after the Buyer has approved them by ticking the “I agree to the Terms” statement.

1.3. By confirming the Terms and Conditions, the Buyer confirms that it is:

1.3.1. A person of legal age, whose legal capacity is not restricted by the court;

1.3.2. A minor between the ages of fourteen and eighteen who has the consent of his parents or guardians, or is operating with his / her own income;

1.3.3. A legal entity

1.3.4. An authorized representative of any of the above.

1.4. By accepting the Terms and Conditions, the Buyer agrees that his / her personal data referred to paragraph 2.1. would be processed in the e-shop for the purpose of fulfilling the order and for the purpose of analysis and marketing.

1.5. In case the Terms and Conditions are not confirmed the goods cannot be purchased in this e-shop.

Purchase and sale agreement

2.1. The purchase and sales agreement between the Buyer and the Seller shall be deemed to come to a legal effect from the moment when the Buyer forms the shopping cart, fills in requested data, contact details, selects the payment method and clicks on “Place order”. The agreement shall remain in full force and effect until all obligations under this agreement have been performed.

2.2. Every purchase and sale agreement between Buyer and Seller is registered and stored in www.timbela.com database.

Buyer rights

3.1. The Buyer has the right to purchase the goods in the e-shop in accordance with section 1.3. and the legislation of the Republic of Lithuania.

3.2. The Buyer shall have the right to withdraw from the purchase and sale agreement by giving written notice to the Seller within 14 days from the date of purchase of the goods, as per the directive of the Minister of Economy of the Republic of Lithuania no. 258 on the 17th of August 2001 and the requirements of the European Union Consumer Rights Directive (2011/83 / EU) on consumer protection.

3.3. The Buyer may exercise the right provided in clause 3.2 only if the goods have not been used and damaged, as well as if the appearance of the goods or the packaging has not been substantially changed, and in accordance with other cases provided for by the law specified in Clause 3.2.

Buyer Obligations

4.1. The Buyer must accept the ordered goods and pay the agreed price for them, except in the case of receiving a defective package or defective goods on delivery.

4.2. If the data provided by the Buyer in the e-shop changes after registration, the Buyer must update it before making another purchase.

4.3. If the Buyer chooses a bank transfer payment method, the Buyer must do the transfer within 24 hours after selecting the “Place Order” link. If the payment is not received within 24 hours, the Seller may consider the purchase agreement to be canceled.

4.4. By using the www.timbela.com e-shop, the Buyer undertakes to abide by the Terms and Conditions.

Seller Rights

5.1. The Seller has the right to unilaterally change the terms of the Terms and Conditions by informing about it in the online shop www.timbela.com.

5.2. The Seller has the right to restrict or suspend the Buyer’s access to e-shop or to cancel the Buyer’s registration without notice if the Buyer attempts to compromise the security of the e-shop or breaches his / her obligations.

5.3. The Seller may temporarily or permanently discontinue the operation of the e-shop without notice but shall ensure that Buyers who have ordered and paid for the goods will receive their orders or reimbursements.

5.4. The Seller has rights provided in the legal acts of the Republic of Lithuania.

Seller Obligations

6.1. The Seller undertakes to make ensure the Buyer’s right for proper use of the services provided by the e-shop.

6.2. The Seller being unable to deliver the ordered item to the Buyer due to unforeseen circumstances undertakes to offer the Buyer an analogous item and, if the Buyer refuses to accept, undertakes to make reimbursement within 10 calendar days. In this case, the Seller is released from liability for non-delivery.

6.3. The Seller undertakes not to pass on the Buyer’s data to third parties unrelated to the purchase and delivery of the goods.

6.4. In case the Buyer exercises his / her rights referred to legislation listed in section 3.2. and it does not contradict to section 3.3., the Seller undertakes to return the money paid to the Buyer within 10 (ten) calendar days after the receipt of the returned item.

Prices and payment procedure

7.1. The prices of goods listed in the e-shop are in Euros.

7.2. The Buyer shall pay for the goods in one of the following ways:

7.2.1. Payment by bank transfer is an advance payment when the Buyer, having received the order confirmation in his e-mail, transfers the money to the Seller’s bank account.

7.2.2. Payment via the selected payment collection platform (Stripe, Paysera, Paypal) is an advance payment via the selected direct banklink interface, which is carried out using Stripe / Paysera direct interfaces with banks or Paypal bank account.

7.2.3. Payment using Inbank (Lithuanian citizens only) by connecting to the leasing company’s platform through the direct banklink interface and signing a consumer loan agreement with them.

7.3. Goods are sent to the Buyer only after receiving full payment.

Delivery terms and conditions

8.1.    The lead time of an order to a requested address is within 2-15 business days after the purchase. This term excludes cases when Seller does not have the required goods in stock and the Buyer is informed about it. Delivery may be delayed in case of unforeseen circumstances beyond the Seller’s control. In such case, the Seller undertakes to immediately contact the Buyer and agree on the new delivery terms.

8.2.     The Seller shall be released from liability for violation of the delivery time limit terms if the goods are not delivered to the Buyer in time or at all due to the Buyer’s fault or other circumstances dependent solely on the Buyer.

8.3.      At the time of delivery, prior to signing the bill of lading or other delivery documents, the Buyer shall check the condition of the shipment. When the delivery document is signed, the shipment shall be deemed to have been forwarded in the proper condition.

8.4.       In case the shipment is damaged, the Buyer must not accept it and must mark that on the consignment note. Upon acceptance of the shipment and signing the delivery documents without any damage complaints, the delivered shipment shall be deemed to be free from defects, the quantity and quality of the goods comply with the terms of the sales contract.

8.5.       Upon delivery of the order to the address specified by the Buyer, the order shall be handed directly to the Buyer or, in the absence of the Buyer, to a person residing at the same address. In such cases, the goods are deemed to have been transferred to the buyer. If the goods are not delivered on the planned delivery day, the Buyer shall inform the Seller immediately, but no later than two days after the scheduled delivery date. Otherwise, the Buyer loses the right to make claims against the Seller regarding the non-delivery of the goods.

8.6.     In case the Buyer cannot accept the order himself / herself, the Buyer must provide the details of the person who will accept the order by filling in the information in the order form.

8.7.       The seller organizes the delivery of the goods to the address specified by the buyer for an additional fee. Shipping rates are calculated automatically after placing the product in the shopping cart and entering the delivery address. Delivery of goods is free in the territory of Lithuania (except the Curonian Spit) and Latvia.

Return and replacement

9.1.   The goods sold are covered by a 2-year (24-month) warranty service period, as specified in the product description. The beginning of the guarantee is the day of issuing the invoice after purchasing the product. In order to take advantage of this guarantee, the buyer must notify the seller in writing about product damages, defects or other reasons for rejecting the product by e-mail sale@timbela.com. In the event of a defect or damage to the product, the Buyer must provide detailed photos of the product showing the damage to the product.

9.2.      Defective goods shall be rectified or replaced and returned in accordance with the Civil Code of the Republic of Lithuania and the Government of the Republic of Lithuania Resolution No. July 22 Resolution No. 738 of the approved retail regulations.

9.3.  The ordered goods can be returned to the seller within 14 days without stating the reason for return, according to the laws in force in the Republic of Lithuania. Returned goods must be undamaged and packaged as on delivery. The goods can be returned by self-delivery or by courier to our factory-warehouse at Kašonys, Jiezno sen., Plento str. 23, LT-59339 Lithuania. After assessing the condition of the returned goods, the money within 10 (ten) calendar days returned to the buyer. Transportation costs for the return of goods are taken care of by the buyer.

9.4. The buyer must inform the seller about the expected return of the product by e-mail sale@timbela.com the day before the return of the product. When returning the purchased product, the Buyer is responsible for its packaging. If the item is not properly packed, the Seller has the right not to accept the returned item.

9.5.      The Seller shall have the right to refuse to accept the returned item if it has been used and / or externally damaged and / or has lost its appearance (changes which were made to the delivery packaging that were necessary to inspect the item are not considered).

9.6.      In the case of return of the order in accordance with paragraph 3.2. of the terms and conditions, the Buyer shall bear the cost for delivery. In the event of a returned product being defective due to the production process, the Seller undertakes to accept back and replace the order. In the event when Seller does not have similar goods for a replacement, reimbursement shall be made to the Buyer for the money paid for the defective item.

9.7. Claims regarding product damage during transportation must be submitted to the employee of the courier company at the time of receiving the package and product damage must be noted in the product receipt document. If the buyer accepts the shipment and signs the bill of lading (product receipt document) without comments, it is considered that the delivered shipment is without defects, the quantity and quality of the goods comply with the terms of the sales contract.

9.8. The return address for the product(s) is Plento g. 23, Kašonių km., Jiezno sen., LT-59339 Lithuania.

Liability

10.1. The Buyer is fully responsible for the correctness of the personal data provided. If the Buyer fails to provide accurate personal data, the Seller shall not be liable for any following consequences and shall be entitled to claim from the Buyer for the direct damages suffered.

10.2. The Seller shall be relieved of any liability in cases where the Buyer disregards the Seller’s recommendations and the Buyer’s own obligations listed in Terms and Conditions.

10.3. The buyer is responsible for his / her actions taken when using the e-shop.

10.4. The Seller is not responsible for the information provided on the websites of other companies, even if the Buyer accesses these websites via the links in the Seller’s e-shop.

10.5. In the event of damage, the guilty party shall compensate the other party for the loss.

10.6. The Seller undertakes to process the personal data of Buyers in accordance with the Law on Legal Protection of Personal Data and other legal acts regulating the collection of personal data of the Republic of Lithuania.

10.7. The Seller undertakes to use the Buyers’ data only for the purpose of ensuring delivery of the goods and in other cases described in the Terms and Conditions.

10.8. The Seller undertakes not to transfer the Buyer’s personal data to third parties that are not related to the purchase and delivery of the goods, except in the circumstances provided by the laws of the Republic of Lithuania. The Buyer has the right to demand the rectification or destruction of his personal data or suspension of processing his / her personal data when the data is processed in violation of the law. The Buyer may do so by contacting the Seller by e-mail – sale@timbela.com

10.9 Buyers’ personal data is processed through measures that protect the data from unauthorized destruction or unauthorized use. All provided data is protected by encryption. The data provided by the Buyer is stored in the Seller’s database for 2 (two) years.

10.10. The Buyer has the right to change the provided data during the registration. In the event of a change in Buyer’s personal data that may affect Seller’s due diligence, the Buyer must update his / her personal data after logging in to its account.

Communication channels

11.1. The Seller shall send all notifications to the email address provided by the Buyer during registration.

11.2. The Buyer shall send all notices and questions to the e-mail address specified in the “Contacts” section of the Seller’s e-shop.

Final Provisions

12.1. Relationships arising from these Terms and Conditions shall be governed by the laws of the Republic of Lithuania.

12.2. All disputes arising from the enforcement of the Terms and Conditions shall be resolved by bilateral agreement. In case such agreement cannot be reached, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.

12.3. The buyer has the consumer’s right to use the non-judicial complaint and compensation procedure for resolving disputes between the seller and the consumer (CC 6.2287 art. 16). The buyer, who believes that his rights have been violated, must contact the seller in writing and outline his requirements no later than three months from the day of the violation. The seller must examine the request free of charge within 14 days at the latest and provide a detailed, motivated written answer based on documents. If the problem cannot be solved, the Buyer has the right to apply to the entity that resolves consumer disputes out of court (State Consumer rights protection service, address Vilniaus st. 25, LT-01402 Vilnius, www.vvtat.lt) or to the court.

12.4. The Buyer has a right to submit a request/complaint to the State Consumer Rights Protection Authority (Vilniaus st. 25, LT01402 Vilnius, Lithuania) or by e-mail to service@vvtat.lt (phone no +370-5-2626751, at www.vvtat.lt) or by filling in the application form on the EGS platform http://ec.europa.eu/odr.