|Company name||BALTIC MASTER, JSC|
|Address||Dariaus ir Girėno g. 175, LT-02189 Vilnius|
Rules for Purchase and Sale of Goods on the E-GASTRO Online Store
Updated on: 2019 02 14.
1.1. These Rules for Purchase and Sale of Goods (hereinafter referred to as “the Rules“) shall establish general conditions for the usage of the E-GASTRO online store www.e-gastro.lt (hereinafter referred to as “the E-GASTRO store“). The Rules shall apply when the Buyer chooses, orders and buys the goods offered in the E-GASTRO store or otherwise uses the services provided by the E-GASTRO store.
1.2. In the E-GASTRO store, the sale of goods shall be organized, performed and the services related thereof shall be rendered to the Buyer by UAB Baltic Master, registered office address: Dariaus ir Girėno St. 175, LT-02189, legal entity code 121944712, VAT payer code LT219447113 (hereinafter referred to as “the Seller“). Goods belonging to the Seller by title of ownership shall be sold in the E-GASTRO store.
1.3. In these Rules, any person who purchases in the E-GASTRO store or uses other services provided by the E-GASTRO store shall be considered the Buyer (hereinafter referred to as “the Buyer“). The following persons shall have the right to use the E-GASTRO store and buy in it: (a) capable natural persons, i.e. persons who reached adulthood, legal capacity whereof was not restricted by procedure of court, and
(b) legal persons acting through authorized representatives and registered on the E-GASTRO store in accordance with the procedure provided for in these Rules.
1.4. By registering or submitting an order, the Buyer shall unconditionally confirm that he/she has the right to buy in the E-GASTRO store.
1.5. Together with the order of the goods submitted by the Buyer, these Rules shall become an agreement concluded between the Buyer and the Seller and shall be a legaly binding document for both Parties. The Agreement shall be deemed to have been concluded when the Buyer forms and submits an order for the goods in the E-GASTRO store, performs the payment in accordance with the procedure and terms established by the Rules (when the Buyer has chosen to pay for the goods at the time of the order) and the Seller sends the confirmation to e-mail specified by the Buyer that the Buyer’s order is accepted. If the Buyer chooses a settlement for the goods in the E-GASTRO store according to the proforma invoice, the Agreement shall be deemed concluded when the Buyer forms and submits an order for the goods in the E-GASTRO store and the Seller sends the confirmation by e-mail specified by the Buyer that the Buyer’s order has been accepted.
1.6. The Buyer shall lose the opportunity to submit an order for the goods in the E-GASTRO store, if he/she has not been acquainted with the Rules and/or disagrees with them. In such cases where the Buyer disagrees with the Rules or a part hereof, he/she should not order the goods in the E-GASTRO store.
When the Buyer orders the goods in the E-GASTRO store, the Buyer shall be deemed to have read and unconditionally agreed with the Rules.
1.7. The Seller shall reserve the right to change, amend or supplement the Rules. When the Buyer purchases in the E-GASTRO store, the Rules valid at the moment of ordering shall be applied, therefore the Buyer is strongly recommended to acquaint with the Rules at every shopping time.
1.8. The Seller shall assume no risk or liability and is unconditionally exempted from it if the Buyer has not fully or partially familiarized himself/herself with the Rules, even though he/she has been given such a possibility.
1.9. The Seller, having regard to the technical capabilities of the E-GASTRO store system, shall be entitled to limit the number of registered Buyers.
1.10. The Seller shall have the right to restrict without a notice the use of the E-GASTRO store services by the Buyer or to cancel the Buyer’s registration, if the Buyer uses the E-GASTRO store by violating these Rules, attempts to compromise the work stability and/or security of the E-GASTRO store or the orders executed by the Seller.
1.11. The Seller may temporarily or permanently terminate the activity of the E-GASTRO store without prior notice to the Buyer. In case of force majeure circumstances, the Seller shall be entitled to suspend the performance of the Agreement until the force majeure circumstances have disappeared, by informing the Buyer about the suspension of the order execution. If the later execution of the Agreement is no longer relevant for the Buyer, then the Buyer shall have the right to denounce the Agreement by notifying the Seller hereof. In the event of the Seller’s suspension of activities, but with the possibility of executing approved orders, all rights and obligations established in these Rules or in applicable legislation pertaining to orders already made or in progress shall remain valid.
2.1. In order to use the E-GASTRO store and buy the goods offered therein, the Buyer must register in the E-GASTRO store system by completing the registration form. The following personal data of the Buyer must be provided in the registration form: name, surname, e-mail, address where the goods will be delivered, telephone number, other data necessary for delivery of the goods. The authorized representative of the legal person shall submit the requisites of the legal person.
2.2. The Buyer shall be responsible for ensuring that the data provided in the registration form is accurate, correct and complete. If the information provided in the Buyer’s registration form changes, he/she must update them immediately. The Seller will in no case be liable for any damage caused to the Buyer and/or third parties due to the fact that the Buyer has provided incorrect and/or incomplete personal data or failed to change or supplement the data upon the change thereof.
2.3. The Buyer shall be entitled to change, amend or delete his/her registration data at any time without any restriction. By canceling the registration, the Buyer loses the opportunity to use the E-GASTRO store and purchase therein. The Buyer shall be granted the opportunity to buy again only after re-registering in the E-GASTRO store.
2.4. Upon registration, the Buyer creates individual login details and undertakes to keep them confidential and not to disclose them to any third parties. In order to minimize the risk of unauthorized access to the E-GASTRO store on behalf of the Buyer, it is strongly recommended to create a complex, hard-to-predict password (it is recommended that the password would be made up of at least 8 characters using uppercase and lowercase letters, numbers and punctuation marks, to avoid predictable words (the Buyer’s name, surname, etc.) and/or numbers (e.g. date of birth, etc.) and change it at least every 6 (six) months. The Buyer shall be responsible for the complexity of his/her login data and the retention thereof, as well as for any actions (data transfer, submitted orders for the goods, user comments, etc.) that are made in the E-GASTRO store after logging in with the individual Buyer’s name and password. If the services provided by E-GASTRO are used by the third party, who has logged in to the store via the Internet using the Buyer’s login data, the Seller shall consider this person to be the Buyer. If the Buyer loses the login data, he/she must immediately inform the Seller by post, phone or e-mail, or change login data by logging into the E-GASTRO store system, in the section “User Page“. The Seller cannot and will not be held liable for any damage caused to the Buyer after the third parties have logged into the E-GASTRO store by using the login data of the Buyer.
2.6. Personal data of the Buyer will be used to identify the Buyer, determine whether the Buyer and the person to whom the goods are delivered are adults (in the cases established by the laws of the Republic of Lithuania) when selling and delivering goods, issuing accounting documents, returning overpayments and/or money for goods returned by the Buyer, when administering debts, performing other obligations arising from the Sale and Purchase Agreement and ensuring the access for the Buyer to use other services of the E-GASTRO store.
2.7. Personal data of the Buyer will be processed for direct marketing purposes only with the consent of the Buyer. The Buyer’s consent shall be expressed by completing the registration form and ticking the relevant fields in the form according to the procedure laid down in these Rules.
3.1. The prices of goods in the E-GASTRO store and in the order formed shall be provided in euros incl. VAT. The goods shall be sold to the Buyer at prices valid in the E-GASTRO store at the moment of placing the order.
3.2. The Buyer shall settle for the goods in one of the ways provided hereunder:
3.2.1. The payment via e-banking is a payment through the e-banking system used by the Buyer. By paying for the goods hereby, a payment in the e-banking system is generated to the Buyer according to his/her order to be paid. The money shall be transferred by the Buyer to the Seller’s account. The responsibility for the security of the data at the time of the Buyer’s payment shall be borne by the respective bank in this case, as all monetary transactions take place in the bank’s e-banking system.
3.2.2. The Buyer shall have the right to settle for the goods by paying the proforma invoice (by choosing such payment method). The money shall be transferred by the Buyer to the Seller’s account within the term specified in the proforma invoice. Should the Buyer fail to pay the proforma invoice within the term specified therein, the order for the goods will not be executed.
3.3. If the Buyer chooses to settle for the goods at the time of ordering thereof, the Seller shall have the right to cancel the order without any prior notice to the Buyer if the Buyer fails to pay for the goods within 5 (five) working days from the moment of the order submission.
3.4. The VAT invoice shall be issued by the Seller and submitted to the Buyer by e-mail specified in the Buyer’s registration form within 3 (three) business days after delivery of the goods.
4.1. The sale of the E-GASTRO store shall be performed and goods shall be delivered in the areas indicated on the website. The trading area is determined by unilateral decision of the Seller. The goods shall be delivered by the Seller or his/her authorized representative.
4.2. The delivery service shall be subject to the fee indicated on the E-GASTRO store page “Delivery of Goods“ and applied at the moment of submitting an order for the goods. The delivery fee of the goods may be either fixed or dependent on the value of the goods ordered by the Buyer and/or on the delivery time.
4.3. The Seller shall be entitled to unilaterally set the minimum amount of the shopping cart, i.e. the minimum amount for which the Buyer should select and order goods in the E-GASTRO store in order to purchase them. The minimum shopping cart amount can be specified in the E-GASTRO store section “Delivery of Goods“. The minimum shopping cart amount shall not include a fee for delivery of the goods.
4.4. The Seller will make every effort to ensure that the Buyer’s order is fully executed, but cannot provide or does not provide any guarantee therefore. If there are no ordered goods remaining or sufficient quantity thereof at the place of collection of orders, the Seller shall reserve the right not to deliver the goods, to deliver a smaller quantity of goods or to choose, upon agreement with the Buyer, the good analogous to the good ordered by the Buyer or as far as possible similar by its characteristics (hereinafter referred to as “the Similar product”).
4.5. Should the Buyer be not satisfied with a Similar product chosen by the Seller, he/she may return this product at the time of delivery to the Seller’s representative who delivered the goods. The fact of return shall be noted on the invoice, waybill or other document of delivery and acceptance or document for return of goods.
4.6. Upon acceptance by the Buyer of Similar products delivered by the Seller, they may be returned later (except for goods not subject to change or return under legislation) only under the terms and procedure set forth in section “Agreement disclaimer. Replacement and return of goods“ of these Rules.
4.7. If the Buyer has paid for the goods at the time of ordering thereof, money for the goods paid by the Buyer but not delivered by the Seller, as well as the Similar products returned by the Buyer at the time of delivery, shall be paid to the Buyer’s account no later than within 5 (five) business days from the delivery of the shipment.
4.8. The goods ordered by the Buyer shall be delivered to the address registered by the Buyer in the E-GASTRO store system.
4.9. In the event that the Buyer or the Recipient is not found at the delivery address indicated by the Buyer in the E-GASTRO store system, the Seller shall have the right to issue the goods to any other adult person or person of 20 years old at the specified delivery address, and the Buyer shall have no right to submit to the Seller any claims regarding delivery of the goods to the inappropriate entity.
4.10. If the delivery of the good is impossible due to the fault of the Buyer or due to the circumstances depending on the Buyer (during the registration time into the E-GASTRO store system the Buyer has indicated the wrong address, the Buyer or Recipient is not found at the indicated address, the person accepting the goods is a minor or he/she has submitted an invalid identity document or refused to submit a personal document (when the Seller has to verify the age of the person accepting the goods according to the applicable legislation or under these Rules), the goods shall not be delivered repeatedly (except for the cases when the Buyer pays additionally for the re-delivery of the goods), and the money paid in advance for the goods shall be refunded after deducting the delivery fee. If at the time of ordering the Buyer was granted a discount on delivery fee, but delivery of the goods is not possible due to the fault of the Buyer or circumstances dependent on the Buyer, the Seller shall reserve the right to deduct the full delivery fee from the amount of money to be refunded to the Buyer (which was valid at the moment of submitting the order), irrespective of discounts applied at the time of ordering. If the Buyer has chosen to pay for the goods at the time of delivery, the Buyer shall cover the delivery costs incurred by the Seller.
4.11. In all cases, the Seller shall be released from liability for the violation of the delivery terms if the goods are not delivered to the Buyer or delivered not in due time due to the fault of the Buyer or circumstances dependent on the Buyer.
4.12. At the time of delivery of goods, at the request of the Buyer, the courier must provide the opportunity to check with the Seller or his/her authorized representative the condition of the shipment, the complement (assortment) of the goods delivered. Should the Buyer fail to verify the condition of the shipment, the complement of the goods delivered and/or should the data on the violation of the shipment in accordance with the procedure set forth in this clause would be not recorded, the shipment will be deemed delivered proper and not damaged.
4.13. Goods after the verification of the shipment (clause 4.12.) shall be handed over to the Buyer only when the Buyer signs in the waybill, letter of transmittal or any other shipment delivery and acceptance document (the electronic equipment such as CAT S40 may also be considered to be the document). If the Buyer is unable to sign himself or herself in electronic or other documents due to physical deficiency, illness or other reasons, another person or the Seller (or his/her authorized representative) shall sign on behalf of him/her on his/her order after the Buyer confirms the possibility of signing. Should the Buyer fail to sign the goods in the waybill, letter of transmittal or any other shipment delivery and acceptance document (including the electronic document), the goods will not be transferred to the Buyer and not re-dispatched (unless the Buyer pays additionally for the re-delivery of the goods) and the money paid for the goods in advance will be refunded after deduction of delivery fee. If at the time of ordering the Buyer was granted a discount on delivery fee, the Seller shall reserve the right to deduct the full delivery fee from the amount of money to be refunded to the Buyer (which was valid at the moment of submitting the order), irrespective of discounts applied at the time of ordering. If the Buyer has chosen to pay for the goods at the time of delivery, the Buyer shall cover the delivery costs incurred by the Seller.
4.14. In cases where, at the time of acceptance of the goods, the Buyer notices that the shipment does not contain the correct quantity of goods or the goods supplied do not correspond to the goods ordered by him/her, and this is not indicated in the invoice, waybill, letter of transmittal or any other shipment delivery and acceptance document, the Buyer must immediately (at the time of delivery) inform the Seller hereof. When the Buyer determines that the goods delivered are of inadequate quality, he/she shall not accept the defective goods and must return them to the courier, and shall indicate the fact of returning the goods and the reason thereof in the invoice, waybill or in other shipment delivery and acceptance document or document of return of the goods.
5.1. The characteristics of all the goods sold online at the E-GASTRO store shall be commonly indicated in the product description next to each item. The responsibility for information on product characteristics (accuracy thereof) shall be borne by the manufacturers of the goods, and the Seller shall be only responsible for the proper provision (transfer) of this information to consumers, unless otherwise provided by law.
5.2. The Seller shall not be responsible for the fact that the goods in the E-GASTRO electronic store may not match the actual size, shapes and colours of the goods due to the features of the monitor used by the Buyer or other technical reasons, also taking into account reasonably possible appearance discrepancies. If the colour, size or shape discrepancy is due to the actions of the Seller or third parties related thereof, then the Seller shall be liable for the possible appearance discrepancies of the product.
5.3. The Seller confirms that he/she is responsible for the sale of the goods ordered in the E-GASTRO online store and the proper delivery of the goods purchased, the quality thereof, the proper fulfillment of the terms of return and the implementation of other rights and obligations of the Seller laid down by legislation.
5.4. In the event the Seller does not provide the product quality guarantee for certain types of goods, the guarantee provided for in the relevant legislation shall be applied.
5.5. In cases where a specific term of suitability for use for concrete goods is determined in accordance with legislation, the Seller shall undertake to sell such goods to the Buyer in such a way that
he/she would be granted a real opportunity to use such goods before the expiry of term of suitability for use.
6.1. The Buyer shall have the right to refuse the Purchase and Sale Agreement of Goods concluded in the E-GASTRO store by notifying the Seller in writing no later than within 14 (fourteen) calendar days from the date of delivery. The Buyer shall submit to the Seller a free form notice of refusal of the Agreement and other information specified by the Seller by the following e-mail: email@example.com.
6.2. After submitting a written notice of refusal of the Agreement and other information specified by the Seller, the Buyer must return the good (if it has been delivered) no later than within 14 (fourteen) calendar days in accordance with the procedure for the replacement and return of goods specified in clause 6.5 of these Rules.
6.3. The right provided for in clause 6.1 of the Rules may be exercised only by the Buyer, who shall be recognized as a consumer in accordance with the provisions of the Republic of Lithuania Law on Consumer Protection, i.e. a natural person who, for purposes not related to his/her business, trade, craft or profession (for purposes of consumption), aims to conclude or concludes agreements.
6.4. Non-perishable goods of inappropriate quality or qualitative goods the Buyer does not like the form, size, color, model or complement thereof shall be changed or returned according to 11 June 2001 Resolution No 697 of the Government of the Republic of Lithuania “On the Approval of Retail Trade Rules“, the Civil Code of the Republic of Lithuania and other valid legislation of the Republic of Lithuania.
6.5. The Goods shall be replaced or returned to the Seller upon prior arrangement of the time and address of pick-up of the Goods. The Seller’s representative shall arrive to pick up the Goods. All costs pertained thereof shall be borne by the Buyer. Please contact us regarding the return of the goods by e-mail: firstname.lastname@example.org or by phone: +370 610 60936. Upon request of the Buyer to return the goods at the time of delivery, the goods shall be returned to the Sellers delivering the Goods.
6.6. When returning or replacing the goods purchased in the E-GASTRO store, the Seller shall have the right to require to complete the return or replacement form provided by the Seller.
6.7. Returned or replaced qualitative goods must be undamaged, have no loss of commercial appearance (not removed and undamaged labels, non-teared protective films, etc.) and consumption properties, and cannot be used. The Good must be returned in the original packaging, of the same completeness as the Buyer received, necessarily presenting the purchase document of the Good, the guarantee card (if issued), the instructions for use and other accessories of the Good. If the Good is not in full complement, is damaged, irregular, or not properly packaged, the Seller shall be entitled not to accept the Good, not to change it or return money paid for it by the Buyer.
6.8. The money paid for the Goods accepted by the Buyer but refused afterwards shall be paid to the Buyer’s account no later than within 14 (fourteen) days from the date of receipt of the Buyer’s notice on refusal, unless the Seller and the Buyer agree otherwise.
6.9. When returning or replacing qualitative goods that comply with the Buyer’s order, the Buyer shall be refunded the delivery fee paid by the Buyer only if all the goods purchased by the Buyer in the same order are returned. The delivery fee will be refunded together with any other amounts payable by the Seller to the Buyer for the returned goods.
7.1. The Seller shall send all notifications and otherwise contact by e-mail address or telephone number indicated by the Buyer in the registration form.
7.2. The Buyer shall send all notices and questions and otherwise contact by e-mail (email@example.com) or telephone number (+370 610 60936).
8.1. Only registered users of the E-GASTRO online store can use the discount voucher.
8.2. The discount voucher code can be sent in a printed flyer, by e-mail, or by indicating the discount voucher code by phone.
8.3. The code in the discount voucher can be used only once and only when purchasing in the E-GASTRO online store for reducement of amount of the shopping cart.
8.4. The discount indicated in the discount voucher does not apply to the minimum shopping cart.
8.5. Discount vouchers are not redeemable for cash.
8.6. It is forbidden to sell the discount vouchers.
8.7. Discount vouchers are valid until the date indicated therein. Discount vouchers that have expired are not subject to change into the Goods sold in the E-GASTRO online store, the validity thereof is not extended and they are not refunded.
8.8. The security of information shall be borne by the person having the discount voucher.
8.9. All discount vouchers can only be used to reduce the amount of shopping carts purchased in the E-GASTRO online store. Discount vouchers are not aggregated, and other discounts of the E-GASTRO online store are not applied to them.
8.10. Used discount vouchers are not refunded.
8.11. Invalid, lost, or otherwise damaged (e.g. damaged voucher code that is not identifiable) discount vouchers are not refunded, the validity thereof is not extended.
8.12. The discount vouchers are not changed into other coupons or refunded.
9.1. These Rules have been drawn up in accordance with the legislation of the Republic of Lithuania.
9.2. The relations arising out from these Rules shall be governed by the law of the Republic of Lithuania.
9.3. In case of damage, the guilty party shall compensate the other party for direct losses in accordance with the procedure and bases established by laws of the Republic of Lithuania.
9.4. All disputes arising out from the execution of these Rules shall be settled by way of negotiation. Should no agreement be reached between the Parties, disputes will be resolved in the procedure established by laws of the Republic of Lithuania.
9.5. Each consumer shall have the opportunity to resolve disputes with the Seller in electronic manner without addressing to the court. Firstly, the consumer must contact the Seller in writing and if the Seller fails to respond to the consumer’s claim or to satisfy it within 14 days from the receipt of the claim, the consumer may apply to the entity investigating consumer disputes in an out-of-court (non-judicial) manner, i.e. to the State Consumer Rights Protection Authority (Vilniaus St. 25, 01402 Vilnius, e-mail: firstname.lastname@example.org, tel: +37052626751, website www.vvtat.lt), or to its territorial subdivisions in the counties.