Thebigsale.shop rules for buying and selling merchandise
I.General provisions
1.1.
These Terms of Sale and Purchase of Goods (hereinafter referred to as
the "Terms") shall be a binding legal document for the Buyer and UAB
"Alinkas" (hereinafter referred to as the Seller), which establishes the
rights and obligations of the Parties, provisions regarding the
purchase and sale of goods at The BIG SALE.
These
Rules are drafted in accordance with the Civil Code of the Republic of
Lithuania, the Consumer Law of the Republic of Lithuania, the E-Commerce
Directive and by-laws.
1.2. Buyer agrees to these Terms by registering at The BIG SALE.
1.3. The BIG SALE has the right to register and purchase goods exclusively at:
1.3.1. Active natural persons, viz. persons over the age of legal
capacity whose legal capacity is not restricted by the court;
1.3.2. minors between the ages of 14 and 18 with the sole consent of
their parents or guardians, unless they have an independent income;
1.3.3. legal entities.
1.4.
By agreeing to the Terms, the Buyer confirms that, in accordance with
clause 1.3. , you have the right to register and buy goods at The BIG
SALE.
II. Conclusion of purchase and sale agreement
2.1.
The agreement between the Buyer and the Seller shall be deemed
concluded when the Buyer, after selecting the item (s) to be purchased
and forming a shopping cart (hereinafter referred to as the "Shopping
Cart"), clicks on the "Billing" link.
2.2.
Upon entering into the Purchase and Sale Agreement, the range of goods,
quantity, price, delivery time and other terms and conditions specified
in the Buyer's order are binding on the Buyer and the Seller and may be
changed only in accordance with the procedure set forth in these Rules.
2.3. Contracts of sale are registered and stored in The BIG SALE database.
III. Buyer Rights
3.1. The Buyer is entitled to purchase goods at The BIG SALE Online Store in accordance with these Terms.
3.2.
The Buyer shall have the right to withdraw from the Sales and Purchase
Agreement concluded with The BIG SALE by notifying the Seller in writing
(by e-mail, indicating the item to be returned and its order number) no
later than 14 (fourteen) days from the date of delivery. . Purchaser of
a defective product has the rights provided for in Lithuanian
legislation.
3.3. The Buyer’s right discussed in clause 3.2 shall be exercised in accordance with Article 6.22810 (1) of the Civil Code.
3.4.
The Purchaser 's right, as discussed in Clause 3.2, may only be
exercised by the Purchaser if the item has not been damaged or
substantially altered in appearance, or if it has not been used.
3.5. Purchaser of a defective product has the rights provided for in the legal acts of the Republic of Lithuania.
3.6. The cancellation or adjustment of the ordered and formed shopping cart is only possible during the sale of goods. There is no option to cancel or adjust after the sale of the goods.
If
the Shopping Cart is formed through the sale of goods with a delivery
deadline of up to 9 business days, no cancellation or adjustment is
possible. Upon placing an order for such goods, the shipment of goods
shall begin immediately.
Notwithstanding
the fact that the Buyer may not, in certain cases, cancel, cancel or
adjust the ordered Goods Basket, the Buyer shall have the right to
withdraw from the Contract and return the Goods in accordance with the
procedure set forth in these Rules.
IV.Seller's Rights
4.1.
If the Buyer attempts in any way to compromise the operation of the
online store, data security or violates other obligations of the Buyer
mentioned in clause 6, then the Seller has the right to cancel the
Buyer's registration or otherwise restrict access to The BIG SALE.
4.2.
When the Buyer chooses to collect the goods on prepayment and fails to
contact the Purchaser within the specified time limit for the selected
shipping method, then the order is canceled and returned to The BIG
SALE.
V. Obligations of the Buyer
5.1. The Buyer must pay for the purchased goods and accept them in accordance with the procedure set forth in these Rules.
5.2.
If the Buyer refuses to accept the goods at the time of delivery
without good reason, the Buyer shall bear the cost of returning the
goods upon the Seller's request.
5.3.
The Buyer undertakes to protect and not to pass on the data of his
online shop The BIG SALE to third parties. If Buyer loses credentials,
he must immediately notify The BIG SALE Customer Service.
5.4.
The Seller is not responsible for the actions of third parties using
the Buyer's login data until the moment of notification and the
possibility for the web store administrator to change the Buyer's login
data. In this case, The BIG SALE shall have the right to believe that
the Buyer has acted in the Online Store.
5.5. Buyers of The BIG SALE Online Store must abide by these Terms and Conditions, which are clearly set forth in the Online Store Information sections and do not violate the laws of the Republic of Lithuania.
VI.A Seller's Obligations
6.1.
The Seller agrees to make use of the Web Store Services, the terms of
use of which are governed by these Terms and Conditions and other terms
published by The BIG SALE Online Store.
6.2.
The Seller undertakes to deliver the goods purchased by the Buyer in
the manner chosen by the Buyer, in accordance with the terms and
conditions set forth in these Rules.
6.3. Seller undertakes to respect Buyer's privacy right to personal information belonging to him.
6.4.
Where, due to unforeseen circumstances, the Seller is unable to deliver
the goods purchased at The BIG SALE, the Seller shall have the right to
terminate the Purchase and Sale Agreement without prior notice to the
Buyer. The seller may offer a similar item. If the Buyer refuses, the
Seller undertakes to refund the money paid within 5 working days.
6.5.
After the Buyer has used 4.2. of the Rules and subject to clause 4.4. ,
the Seller undertakes to refund the money paid to the Buyer within 14
(fourteen) days from the date on which he received the Buyer's notice of
withdrawal with the returned goods.
6.6.
The Seller may not refund the amount 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.
VII.Prices of goods
7.1.
The prices of goods in the online shop and on the order form The BIG
SALE are quoted in the currency of the country. The seller is a VAT
payer. VAT is included in the price, after the order is confirmed the
delivery fee is added to the total amount of goods.
7.2.
The retail (discounted) prices quoted in the sale are provided by the
suppliers or official distributors of the goods for sale. Reduced
commodity prices are the manufacturer's recommended retail selling
prices, which are sold at direct retailers, showrooms, and stores.
VIII. Procedure and terms for payment for goods
8.1. The buyer shall pay for the purchased goods in one of the following ways:
8.1.1. Electronic banking: direct - Swedbank, SEB; Luminor Bank,
Medical Bank, Citadele Bank, Šiauliai Bank, Paysera, Paypal.
8.2.
The Buyer undertakes to pay for the goods without delay by paying
through the electronic banking system. Only when he pays will the parcel
be formed. If the order is not paid within 1 hour, the order is removed
from the system. If the sale ends before the deadline (1 hour), the
orders are removed after the sale has ended.
8.3.
If the buyer chooses delivery to Lithuanian post offices or on-site
pick-up, payment for the order is only possible in advance by e-mail.
banking.
IX.Delivery of goods
9.1. When purchasing goods at The BIG SALE, the buyer chooses the delivery method: the delivery service.
9.2. Delivery service:
9.2.1. The Buyer, who chooses the delivery service, undertakes to provide the exact delivery address of the goods;
9.2.2. The buyer undertakes to accept the goods himself. In the
event that he cannot accept the goods himself and the goods have been
delivered to the specified address and on the basis of other data
provided by the Buyer, the Buyer shall not be entitled to claim against
the Seller the delivery of the goods to an unsuitable entity;
9.2.3. The Goods may be delivered by the Seller himself or his authorized representative;
9.2.4. Delivery charge per order.* Prices are subject to change based on current partner offers. Cheapest way of delivery.
Delivery charge per order.
9.2.5. The buyer will see the exact amount of the delivery charge
before confirming the order. There will be no change in the shipping
charge after order confirmation.
9.3.
Delivery terms are given in the product descriptions. They are
preliminary and subject to change. The seller undertakes to deliver the
purchased product as soon as possible.
9.4.
The Seller shall be released from liability for violation of the time
limits for the delivery of goods if the goods are not delivered to the
Buyer or are not delivered on time due to the Buyer's fault or due to
circumstances dependent on the Buyer.
9.5. Upon receipt of the Goods, the Buyer shall, together with the Seller or his authorized representative, check the condition of the shipment (whether the outer packaging is damaged) and sign the invoice, waybill or other delivery and acceptance document. Upon receipt of the invoice, delivery note or other delivery and acceptance document by the Purchaser, the consignment shall be deemed to have been delivered in the proper condition.
Upon noticing that
the shipment package is damaged (wrinkled, wet or otherwise externally
damaged), the Purchaser shall note this on the invoice, delivery note or
other delivery and acceptance document and, in the presence of the
Seller or his representative, draw up a free-form shipment violation
statement. Failure by the Buyer to do so shall result in the Seller
being relieved of liability for any defects in the goods, unless such
defects are caused by factory defects, and for defects in the assembly
of the goods if such defects can be identified by inspection.
If
the Buyer notices the defect, factory defect or other defects upon
acceptance of the shipment, it shall inform the Seller thereof
immediately (no later than within 24 hours from receipt of the
shipment). In the event of a complaint regarding the defective quality
of the goods and the return of the defective goods by the Buyer, the
Seller undertakes to return the money for the item within 14 (fourteen)
days, together with the return costs.
9.6.
The characteristics of each item sold are described in the description
accompanying each item. The Seller is not responsible for the color,
shape or other parameters of the items in the Web Store not being the
actual size, shape and color of the items due to the characteristics of
the monitor used by the Buyer.
9.7.
If the Buyer withdraws from the contract of purchase and sale of the
good, all amounts paid by the buyer, including the delivery costs paid
by the buyer, shall be refunded. However, as provided by Article 6.22811
CC of the Civil Code of the Republic of Lithuania On day 3, the seller
is not required to reimburse the consumer for the additional cost of
goods of good quality and free from factory defects.
10. Return of goods
I.10.1.
Quality goods can be returned within 14 days of receipt. Defective
goods sold shall be rectified, defective goods shall be replaced and
returned in accordance with the provisions of the Civil Code of the
Republic of Lithuania and the "Retail Trade Rules" approved by the
Government of the Republic of Lithuania.
10.2.
To return the item (s) in accordance with 11.1. above, the Buyer must
complete a return document. and enter the return code listed on the
order wrapping sheet. Without the return code, there is no way to
approve the return act.
10.3. Returns must comply with the following conditions:
10.3.1. The returned item must be in its original neat packaging
(this item does not apply if the item is returned in poor quality);
10.3.2. The Product must be undamaged by the Buyer;
10.3.3. The product must be unused without loss of appearance:
unbroken labels, unopened protective films, etc. (this item does not
apply in the case of return of defective goods);
10.3.4. The quality item to be returned (within 14 days) must be the
same as the one received by the Buyer (this item does not apply in case
of returning a poor quality item);
10.3.5. When returning the item, it is necessary to present the
document of purchase, the guarantee voucher (if issued) and the
completed return document;
10.3.6. The Seller has the right to refuse to accept the goods returned
by the Buyer if the conditions for the return of the goods have not
been met;
10.3.7. Price of return service by sending:
I.The BIG SALE at the point of collection (free);
II.At Post Office (Post Office Rates) (Parcel tracking number must be provided to seller at email alinkas.business@gmail.com).
When
the buyer returns a quality product, the buyer pays the postage at his
own expense. In the event of a defective product being returned, the
cost of returning the product shall be borne by the Seller.
10.3.8. Return of the Goods shall be executed in the manner
specified by the Seller within 14 (fourteen) days from the date of
receipt of the Goods (this item shall not apply in case of defective
product - in this case the Goods shall be returned within the statutory
warranty period);
10.3.9. When the goods are returned in accordance with Clause 4.2. , the Buyer shall bear the cost of returning the goods.
If a defective product is returned, there is no cost to the customer
for reimbursement - these costs are borne by the Seller.
10.4. Return and replacement of goods of appropriate quality shall be in accordance with Article 6.22810 of the Civil Code;
10.5.
Refunded goods may be refunded in cash (at the point of return at The
Big Sale at the point of collection and only if the order has been paid
for) by bank transfer to the payer's bank account within 14 (fourteen)
days from the date of shipment.
The Seller shall not be liable for any outstanding or delayed order for returned goods if the Buyer erroneously submits the data required for the return.
11. Exchange of information
11.1.
The Seller informs the Buyer by using the email form provided in his
registration form. The Buyer can use all communication channels listed
in the "CONTACT" section of The BIG SALE website.
12. Liability
12.1.
The Buyer is fully responsible for the accuracy of the data provided in
the registration form. If the Buyer submits inaccurate data in the
registration form, the Seller shall not be liable for any resulting
consequences and shall be entitled to claim from the Buyer direct
damages.
12.2. The Buyer is fully responsible for the actions taken upon registration with The BIG SALE.
12.3.
The Buyer is responsible for the security of his registration data. If
the registration data is used by a third party, it will be considered
the Buyer.
12.4. The Seller shall
be relieved of any liability in all cases where the loss arises from
the fact that the Buyer, without regard to the Seller's recommendations
and his obligations, has not become acquainted with these Terms (though
he has been given such opportunity).
12.5.
In the event of damage, the guilty party shall indemnify the other
party for the loss suffered in accordance with the procedure and grounds
established by the legal acts of the Republic of Lithuania.
13. Final provisions
13.1.
The BIG SALE reserves the right to suspend, in its sole discretion,
complete, amend these Terms and any other documents related to the
Terms. Additions or changes to the Rules shall take effect from the date
of their publication (by e-mail, newsletter, posting on
thebigsale.shop).
13.2. If the
Purchaser does not agree with the new version of the Rules, partial
additions, changes, the Purchaser has the right to refuse them, provided
that the Purchaser loses the right to use the services of the Online
Store.
13.3. These Rules are made in accordance with the legal acts of the Republic of Lithuania.
13.4. The relations arising from these Rules shall be governed by the law of the Republic of Lithuania.
13.5.
All disagreements arising from the implementation of these Rules shall
be resolved by negotiations. In the event of disagreement, the dispute
shall be settled in accordance with the procedure established by the
laws of the Republic of Lithuania.
13.6.
The Parties shall be relieved of their obligations under these Rules
unless they are due to unforeseen circumstances beyond the control of
the Parties, which include:
fire,
explosion, storm and other natural disasters, as well as natural forces
that prevent or delay the fulfillment of obligations;
an
event or circumstance beyond the control of the Contractor (s) which
prevents or delays the fulfillment of the obligations undertaken;
Acts of a government or government which obstruct or delay the performance of a given obligation;
13.7.
You may submit a request / complaint to the State Consumer Rights
Protection Authority (Vilniaus St. 25, 01402 Vilnius, e-mail:
service@vvtat.lt, tel. counties - vvtat.lt/index.php?470187665) or fill
out the application form on the EGS platform http://ec.europa.eu/odr/
but you must contact us before the applicable legislation provides.