Shopping Conditions and Rules
SHOPPING CONDITIONS AND RULES OF KAUNAS UNIVERSITY OF TECHNOLOGY E-SHOP
CHAPTER I
GENERAL PROVISIONS
1. In order to further use Internet website https://e-parduotuve.ktu.edu/ (further on referred to as Shop), You must read the rules outlined below (further on referred to as Rules), agree with them and comply with them. By using this website, You confirm that You have carefully read all the Rules, fully understood them, that You accept all the conditions outlined in the Rules and that You commit to adhering to the Rules.
2. The terms used in the Rules:
2.1. The Rules are the present conditions and regulations of selling and acquisition of goods and/ or services at the Shop posted on the Shop website.
2.2. The Seller is Kaunas University of Technology, legal person code 111950581, Value Added Tax payer code LT119505811, registered at K. Donelaičio g. 73, LT-44249, Kaunas.
2.3. The Shop is the electronic shop https://e-parduotuve.ktu.edu/.
2.4. The Buyer is a natural person or a legal person who/ which has a right set forth by the Law of the Republic of Lithuania to enter into a contract under his/ her/ its own name, as well as properly authorized representatives of the above outlined persons.
2.5. The Personal Data is the name and surname of the Buyer, the goods delivery address, the phone number, the email address and the bank account number.
2.6. The Goods are an element of the marketing complex involving solutions and actions related with any development and/ or alteration of the object on sale. A piece of goods may be considered as any item which may be sold on the market and satisfy any entity’s wishes and needs.
2.7. A Service is immaterial activity or a process in action which is implemented at the Shop between the Seller and the Buyer.
3. These rules postulate mutual rights, obligations and responsibilities of the Seller and the Buyer acquiring Goods and/ or Services at the Shop, as well as the payment, delivery and return of the Goods/ Services in addition to any other issues related with selling/ acquiring Goods and/ or Services at the Shop.
4. The present Rules become a mandatory document imposed upon both parties from the moment the Buyer familiarizes him/herself with the Rules and agrees with them by marking it with a check at the statement “I have fully read and agree with the Shopping Conditions and Rules“.
5. The Buyer is not given the right to make purchases at the Shop if he/ she/ it has not been acquainted with the Rules or if he/ she/ it does not agree with the Rules.
6. The Seller has the right to alter the Rules and/ or to add new Rules. Any alterations and/ or additions become valid upon their announcement at the Shop.
7. Should the Buyer continue the use of the services of the Shop after any addition and/ or alteration of the Rules, it is considered by default that the Buyer agrees with the new version of the Rules.
8. By agreeing with the Rules, the Buyer confirms that he/ she/ it has the right to acquire Goods and/ or services at the Shop, i.e., that he/ she/ it conforms to the criteria set forth in Paragraph 2.4 of the present Rules.
9. A contract of selling-buying between the Buyer and the Seller is considered as made since the moment the Buyer forms a ‘cart’ of Goods and Services, chooses the form of delivery (pickup) of the goods and/ or services, selects the method of payment, confirms that he/ she/ it has been acquainted with the Rules and presses the ‘Order’ button.
10. All the selling-buying contract documents that have been signed by the Buyer and the Seller are stored at the Shop.
CHAPTER II
PERSONAL DATA PROTECTION AND MANAGEMENT
11. Before making any purchases at the Shop, in the relevant fields of a document supplied by the Seller, the Buyer must fill in his/ her/ its personal data (name, surname, address for delivery of the Goods, telephone number, email address and bank account data (in case of return of Goods and/ or Services) which are required for the purchase of Goods and Services, their delivery, return and the act of payment. This Personal Data shall be stored for 10 (ten) years since the day of the implementation of the order.
12. The Seller has the right to collect and process Personal Data supplied by the Buyer to the Seller and share the data with third parties as stipulated in the applicable Law. The Seller also maintains the right to use the Personal Data of the Buyer to the extent it is necessary for the implementation of the order (i.e., when issuing VAT invoices and making deliveries, the Personal Data of the Buyer is revealed to the postal agency implementing the delivery of Goods and/ or Services to the Buyer). Paragraph 4 of the present Rules determines the order of the agreement with the present set of conditions and rules; the agreement with the Rules also means the agreement with Personal Data use for purposes stipulated in the present Rules. Personal Data may be used for publicity, information and marketing purposes when the Buyer agrees with it by clicking the statement “I agree to receive information on any promotions, offers, news, surveys, etc. at e-parduotuve.ktu.edu.” The Personal Data obtained by separate agreement shall be stored for 1 (one) calendar year since the beginning of the consent regarding the presentation of the relevant data.
13. Upon registering at the Shop and ordering Goods and/ or Services, the Buyer commits to storing his/ her/ its connection data and not revealing this data to anyone. If the Buyer forgets the password, he/ she/ it can use the password recovery service by pressing the Forgotten Password? button located on the main page below the login form. When the email address has been entered, a new password will be sent via email to the Buyer. If the email address has been entered correctly yet the message “The entered email address has not been found in the system” is produced, the Buyer is advised to contact the Seller via email eshop@ktu.lt .
14. The Buyer agrees that he/ she/ it has had the opportunity to get acquainted with the rules of personal data management and has the following rights:
14.1. To get introduced with one’s Personal Data and to demand alteration of any incorrect and/ or imprecise Personal Data;
14.2. To forbid the collection and processing of his/ her/ its Personal Data at any time except for the cases the data is necessary for the implementation of any action or the fulfillment of any order stemming from the selling-buying contract;
14.3. To demand the modification or deletion of his/ her/ its Personal Data or to stop any personal data management activity and to disagree with his/ her/ its Personal Data being processed for purposes of direct marketing by sending a notification via email to the address eshop@ktu.lt featuring the message headline ‘Personal Data Management’.
CHAPTER III
RIGHTS AND OBLIGATIONS OF THE BUYER
15. The Buyer has a right to purchase Goods and/ or Services at the Shop according to the order set forth in the Rules and any other information sections of the Shop website.
16. The Buyer commits to accepting the ordered Goods and/ or Services and to paying the price that has been agreed.
17. Should the data indicated in the Buyer registry form undergo any changes, the Buyer must modify the data immediately. If this has not been done in due time and in the proper way and if the Buyer incurs any temporal or financial losses due to such failure, the Seller is not deemed responsible and is not deemed accountable for compensating any losses.
18. The Buyer commits to not passing his/ her/ its login data to any third parties. If the Buyer loses his/ her/ its login data, he/ she/ it must report the fact to the Seller immediately by using any means indicated in the website.
19. Upon purchasing any services, the Buyer agrees by default with any additional requirements if any such requirements have been stipulated in the description of the relevant service as additional rules and/ or obligations.
CHAPTER IV
RIGHTS AND OBLIGATIONS OF THE SELLER
20. The Seller commits to taking care of any necessary conditions for the Buyer to properly benefit from the services provided by the Shop.
21. If the Buyer attempts to damage the stability of the operation of the Shop and its security or if the Buyer violates his/ her/ its own obligations, the Seller maintains the right to immediately restrict or terminate without any warning the Buyer’s capacity to use the Shop.
22. The Seller commits to respecting the right of the Buyer to the privacy of his/ her/ its personal information outlined in the registry form of the Shop.
23. Should any important circumstances come into existence, the Seller maintains the right to temporarily or permanently suspend the activity of the Shop without any advance notification of the Buyer.
24. The Seller has the right to cancel an order without any prior notification issued to the Buyer if the Buyer fails to pay for the Goods and/ or Services within 2 (two) working days since the moment of the presentation of the Order.
25. The Shop withholds the right to refusal of entering into a selling-buying contract if it is out of stock of the goods indicated in the contract or if a contract has been made by a person who, according to the present Rules, is not legally allowed to enter such a contract.
CHAPTER V
REGULATIONS OF ORDERING GOODS AND SERVICES AND PAYMENT FOR GOODS AND SERVICES
26. The Buyer can make purchases at the Shop around the clock 7 days per week.
27. Should the Buyer spot a mistake in the Order or should the Buyer wish to cancel an Order, the Buyer must contact the Seller at phone +370 616 23264 immediately (operating on weekdays from 8 a.m. to 5 p.m.) or via email eshop@ktu.lt (at any time)
28. The prices of Goods and Services at the Shop and in any drafted contract are indicated with VAT included. The Shop reserves the right to alter the prices of Goods and Services should the taxes change.
29. The Buyer pays for the goods and services by using electronic banking. During the stage of payment, the Buyer shall be directed to the electronic banking system selected by him/ herself. If a client pays an order not via e-banking but via a bank transfer, the Buyer must send a transfer copy to email address eshop@ktu.lt. If this action is not performed, the automatic system will not inform the Buyer about the completed payment, and the Seller will not be informed about the completed action of buying.
30. As soon as a Buyer has presented an order, a pre-invoice is immediately generated and sent to the email address indicated by the Buyer. When the Buyer has paid the selected Goods and/ or Services, the relevant VAT invoice is sent to the Buyer’s email address.
CHAPTER VI
TERMS OF THE IMPLEMENTATION OF ORDERS. TERMS OF THE DELIVERY OF GOODS AND SERVICES
31. Services are not delivered to any location unless their description indicates otherwise. The conditions of the delivery of Goods are outlined after the address for the delivery of Goods has been indicated and the method of Goods delivery has been selected. The delivery terms of the Shop can be found at https://e-parduotuve.ktu.edu/pristatymas.
32. The pricing of the delivery of Goods shall be indicated and added to the total sum of your ‘cart’ of Goods after the delivery address has been entered. If only Services are purchased, You should not choose the service of delivery at all unless the descriptor of the purchased service indicates otherwise.
33. When a Buyer selects the service of Goods delivery at the time of making an order, the Buyer commits to indicating the precise location of the delivery of Goods.
34. Goods may be delivered to the residence of the Buyer or to any other location indicated by the Buyer within the territory of the Republic of Lithuania where Lithuanian postal service operators can deliver goods. Other relevant information pertaining to the delivery address should be indicated in the segment ‘Add comments to this order’. If You reside in a block of flats with a coded staircase entrance door, You must inscribe the staircase entrance code in the segment ‘Add comments to this order’.
35. The Goods of a single order can only be sent to a single address. If You want to have Goods delivered to two or more addresses, You should submit a separate order for each address.
36. The Buyer commits to accept the ordered Goods personally. In the event that the Buyer cannot receive the Goods on his/ her own, the Buyer must take care that someone receives the Goods on his/ her behalf and that the Buyer indicates the name and surname of the individual who is mandated the right to receive the Goods in the segment ‘Add comments to this order’. In case of the delivery of Goods at the indicated address when neither the Buyer nor the individual who has been delegated the rights can receive the Goods, the Buyer is not granted any rights to present objectives regarding the delivery of the Goods to the right address but to the wrong subject.
37. If the Buyer has selected free delivery of Goods and/ or Services, the Buyer can receive the Order at Studentų 54-130, Kaunas, Lithuania, however, only after having received an email informing that the order has been prepared for delivery during the hours of operation of the electronic shop (Monday to Thursday, 10:00 a.m. – 4:00 p.m., Friday 10:00 a.m. – 3:00 p.m.; lunchbreak 12:00 p.m. –12:45 p.m.). Upon the arrival to retrieve the Goods, the Buyer must be in possession of a personal identification document and the number of the Order of Goods which has been sent automatically to the Buyer via email after the Order has been submitted.
38. The Buyer must retrieve the ordered Goods after the payment of the Order within 30 (thirty) calendar days since the Order was submitted. If the paid Goods are not retrieved within 30 (thirty) days, the Seller is not deemed responsible for the storage of the Goods nor for any financial, moral or any other losses stemming from the lapsed deadline of Goods retrieval. During the indicated term, the Buyer can contact the Seller and negotiate a different time of Goods retrieval but not exceeding 60 (sixty) calendar days since the date the Order was submitted. Should the Buyer fail to do this, the Order is voided without additionally informing the Buyer.
39. After the Buyer has selected the delivery of Goods to his/ her residence or to any other location indicated by the Buyer and has received a notification that the order has been prepared and forwarded, the Buyer will receive the Goods within the term indicated in the delivery conditions at https://e-parduotuve.ktu.edu/pristatymas. The term of delivery is preliminary and depends on the current status and other commitments of the postal courier. Having selected the method outlined in Paragraph 37 of the present Rules and having received a notification via email concerning the preparation of the Order, the Buyer can retrieve the Order during the hours of operation of the electronic shop as indicated in Paragraph 37. The terms are preliminary and are not applied in cases when the warehouse of the Seller has no required Goods in stock; then, the Buyer is informed about the lack of the Goods on order.
40. The Seller carries no responsibility regarding violations of the terms of the delivery of Goods if the Goods are not delivered to the Buyer or are delivered at the wrong time due to any fault of the Buyer or due to any circumstances that are beyond control of the Seller.
41. If the entity delivering postal services (the postal courier) fails to find the addressee (after at least two attempts and upon proving the fact with the relevant documentation), the Goods are returned to the Seller. The Seller informs the Buyer regarding this fact and informs the Buyer via the email address indicated by the Buyer about the possibility of retrieving the Goods at Studentų 54-130, Kaunas, Lithuania. The Seller also informs the Buyer about any additional expenses the Seller has undergone (e.g., the return of the shipment, etc.) if there have been any. The Buyer is obliged to cover any such expenses.
42. The fact of sending an email to the Buyer to the email address indicated in the form of the purchase by the Buyer is deemed equivalent to informing the Buyer; this includes any cases when the Buyer has indicated an email address to which it is impossible to deliver the information of the Seller.
43. If the Buyer detects any damage to the package at the moment of the delivery of Goods, he/ she must make the corresponding remarks in the postage delivery documents presented by the courier (or a postal service staff member) or to draft a separate notification regarding the damage. This must be done in the presence of the courier (or a postal service staff member) regarding the damage. If the Buyer does not perform this procedure, the Seller is released from any liability to the Buyer stemming from any damage incurred by the Goods and related with packaging damage that was not remarked in the courier’s (or a postal service staff member’s) Goods delivery documentation.
CHAPTER VII
QUALITY OF GOODS AND SERVICES
44. The technical data of any type of Goods or Services sold by the Shop as well as any additional information is generally indicated in the description of each type of Goods and Services.
45. The Seller is not deemed responsible if the Goods in the warehouse are different in size, shape or other parameters are different from the factual size, shape or color due to the features of the monitor used by the Buyer.
46. All the Goods sold by the Shop are brand new. Each item mailed by the Seller is visually checked in the process of the preparation of the parcel. A piece of Goods is not deemed to be of substandard quality if minor transporting, packaging or storage-caused defects appear on it provided that similar defects are common in goods sold at common places of delivery (e.g., minor scraping of the book cover or book cover foil, minor changes of the color of the paper on one of the external edges of the book cover, etc.).
47. All the Goods and Services sold at the Shop adhere to the indicated technical data as described in the information fields located beside the relevant type of Goods and Services of the Seller’s website.
48. The Buyer has no right to cancel the buying-selling contract if the lack of Goods and/ or Services is of minor significance.
CHAPTER VIII
REturn and REPLACEMENT OF GOODS
49. Goods are returned on the grounds of the Rules of Retail as outlined in the Civil Code of the Republic of Lithuania, Article 6.362 and Decree No. 697 of June 11, 2001 of the Government of the Republic of Lithuania.
50. On the grounds of Directive 2011/83/ES of the European Parliament and the European Council regarding consumers’ rights and the Civil Code of the Republic of Lithuania, Article 6.362 Part 1, any goods (except for printed books and other typed production as well as other goods listed in Paragraph 17 of the Rules of Retail) can be returned within 14 (fourteen) days since the date of the delivery of goods.
51. No payments for services are refunded except for selling-buying contracts pertaining to accommodation, goods delivery, vehicle hire, public catering or leisure services in cases when a specific date or period of the provision of services have been indicated in the selling-buying contract.
52. On the grounds of Paragraph 50 of the present Rules, a Buyer wishing to return an item(s) of Goods must inform the Seller via email eshop@ktu.lt or call +370 616 23264.
53. Upon return of the Goods by the Buyer, the following conditions must be adhered to:
53.1. The returned item must be in the original and orderly packaging;
53.2. The returned item cannot have been damaged by the Buyer in any way;
53.3. The returned item cannot have been used and cannot have lost its commercial (merchandising) appearance (i.e., all of the labeling must not be damaged, the protective film cannot have been removed, etc.). This point is not applicable if Goods of substandard quality are returned;
53.4. The returned item of Goods must be of the same assembly/ structure as delivered to the Buyer;
53.5. When returning an item Goods, the presentation of a document proving its acquisition is required.
54. The returned Goods must be returned to the address Studentų 54-130, Kaunas, Lithuania in any way which the client finds convenient.
55. The Seller has a right not to accept the Goods returned by the Buyer if the Buyer does not conform with the order of the delivery of Goods outlined in Paragraphs 50–54 of the present Rules. If the electronic Shop establishes that the Buyer has neglected his/ her/ its commitment to return a piece of Goods without any damage, of the same quality as received and without undergoing loss of its commercial (merchandising) appearance, the Buyer is committed to compensating any relevant losses to the electronic Shop, and the Buyer’s expenses are not refunded.
56. If the Buyer wants to replace damaged Goods with other Goods, he/ she/ it must inform the shop via email eshop@ktu.lt within 3 (three) days; in the email, the titles of the types of Goods are bound to be indicated or the newly desired Goods replacing the returned ones must be listed. If the value of the newly ordered Goods exceeds the value of the returned Goods, the difference is to be settled by paying the invoice emailed by the Seller. If the value of the newly ordered Goods is lower than that of the returned Goods, the Seller shall return the price difference to the Buyer within 30 (thirty) calendar days.
57. If a Buyer cancels a selling-buying contract due to the inadequate quality of an item of Goods, the Seller must refund the full price paid by the Buyer. The Seller incurs all the expenses related with the return of an item(s) of Goods of inadequate quality. All the money for all the returned Goods is only transfered to the bank account indicated by the Buyer in the request for refund (the request blank is presented here).
58. The Buyer is to cover all the expenses related with the return of Goods except for cases outlined in Paragraph 57 of the present Rules.
CHAPTER IX
RESPONSIBILITY OF THE PARTIES
59. The Buyer is to cover all the expenses related with the return of Goods except for cases outlined in Paragraph 57 of the present Rules.
60. After having logged in, the Buyer is responsible for the transfer of his/ her/ its connection data to any third parties. If a third party is using the services of the Shop by logging into the account of the Buyer, the Seller treats this entity/ individual as the Buyer.
61. The Seller is exempt from any liability in cases when losses stem from the fact that the Buyer without considering the Seller’s recommendations and the Buyer’s commitments has not got familiarized with the present Rules even though he/ she had been given adequate opportunity to do so.
62. Should the Shop of the Seller use any links to websites of other enterprises, institutions, organizations or individuals, the Seller cannot be deemed responsible for any information these websites might contain or for any activity these websites might be implementing; the Seller does not maintain or control these websites in any way and does not represent these institutions and/ or individuals in any way.
63. Should any damage be incurred, the guilty Party refunds all the stemming losses to the damage-incurring Party.
64. The Seller is not deemed responsible for the content of the publications on sale (e.g., regarding their spelling, editing, mistranslation and quality, etc.) – this responsibility is exceptionally on the publisher of the book indicated in the technical details of each book.
CHAPTER X
InformaTION AND MARKETING
65. The Seller sends all of its messages to the mail address indicated in the Buyer’s registration form.
66. The Buyer sends all of his/ her/ its messages and queries to the email address eshop@ktu.lt posted on the Shop website.
67. The Seller is not deemed responsible if the Buyer fails to receive any information or other messages that the Seller has sent and the failure stems from the interruption of electronic networks or from the presentation of incorrect Personal Data by the Buyer.
68. Goods and Services provided at a discount are not applied any additional discounts unless the Seller has explicitly indicated otherwise.
CHAPTER XI
SETTLEMENT OF DISPUTES
69. Any disputes arising between the Buyer and the Seller regarding the implementation of any of the present Rules are settled by negotiations. If the Parties fail to reach agreement, disputes are resolved by following the Law of the Republic of Lithuania.
70. Should a Buyer be willing to submit an objection or to deal with an arising issue, he/ she/ it has to contact the Seller in the written form. Either of the following ways of submitting written claims are to be used:
70.1. emailing the text to eshop@ktu.lt;
70.2. mailing the text to address Studentų 54-130, LT-44249, Kaunas, Lithuania.
71. If a Buyer seeks solution of consumption disputes out of court, he/ she/ it may contact the State Consumer Rights Protection Authority of the Republic of Lithuania.
CHAPTER XII
FINAL PROVISIONS
72. The present Rules may be modified or nullified by Order of the Rector of Kaunas University of Technology.