1. GENERAL PROVISIONS
1. 1. These Terms and Conditions (the “T&C”) are legally binding upon any person or organization placing an order for the products on this website (the “Buyer” or “you”) and UAB Lematics (the “Seller” or “we”). These T&C govern the rights and obligations of the parties and other aspects related to the purchase and sale of products from the Seller’s online shop at distributioniot.com (the „Website“).
1. 2. By ordering the products, the Buyer confirms that the Buyer has read these T&C before placing an order and is eligible to purchase the products from the Website.
1. 3. These T&C and any other issues related to approval of the order issued by us shall constitute a common agreement between you and us, and replace any previous promises, representations or agreements.
1. 4. Eligible to place orders and make purchases of products on the Website are the following persons:
1. 4. 1. natural persons from 18 years of age with legal capacity, i.e. those who have attained the age of majority and whose capacity has not been limited by the court;
1. 4. 2. legal persons.
2. 1. The price of the products is shown on the Website. All prices of the products are given in Euros. The prices of the products displayed on the Website are exclusive of VAT. A delivery charge and other applicable charges will be added to the total price of the products before the order is confirmed by the Buyer.
2. 2. Any applicable bank charges have to be covered by the Buyer and have to be paid in full. The order will not be shipped out until full payment for the order is received by the Seller.
2. 3. Although we offer the products for the fixed prices indicated in the Website, there might be situations that we are ought to change the price of the product after the Buyer confirms the order. In such exceptional cases this might be necessary if our costs for purchase or supply of the product increase over the time period from the date of approval of your order and the date of dispatch of this product, taking into account increase of the price of this product acquired by us, as well as increases of the transportation or packaging costs, or the price error (technical mistakes). In such exceptional case, we will notify you electronically regarding such price increase as soon as possible before the dispatch of the product. If you do not agree with such price increase, you may terminate your order within 3 working days after receipt of our notification.
3. PAYMENT OF THE PRICE
3. 1. The final price of the product, including all additional costs, shall mean the price indicated in the in the final stage of the order formation at the time you are placing your order.
3. 2. All the payments shall be made via the bank transfer to our bank account AB SWEDBANK, Konstitucijos avenue 20A, LT-03502, Vilnius, Lithuania, Account No: LT60 7300 0101 5136 7961, Stripe account, PayPal, or debit card. You have right to choose the payment method that is suitable for you.
3. 3. We will send the products that you have ordered only after we receive your payment, if not agreed in electronic form or writing in advance. If you do not make a payment within the deadline indicated in the advance invoice, we are entitled to suspend execution of the order until the payment is made.
3. 4. Although we always take special attention and do our best to avoid technical errors, there might be situations that there is a false price of the product indicated on our Website. If the correct price of the product is lower than the price of the product indicated on the Website, we will demand lower price of the product from you. If the correct price of the product is higher than the price indicated on the Website, we will contact you in order to receive instructions from you for further actions in advance.
4. SHIPMENT OF PRODUCTS
4. 1. When ordering the products from the Website, you must choose a delivery method. You can choose to pick up the purchased products from our warehouse premises located at JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania (in such case, there is no delivery charge) or select a delivery service from the list of delivery service methods offered by us (subject to the delivery charge that will be provided to you on the Website when ordering the products). By selecting the product delivery service, you undertake to provide an accurate shipping address for the delivery of the products.
4. 2. The Buyer undertakes to accept the products personally. If the Buyer is unable to accept the products personally but the products have been delivered to the address provided by the Buyer and based on other data provided by the Buyer, the Buyer is not entitled to make any claims against the Seller regarding delivery of the products to the wrong recipient.
4. 3. The products may be delivered by the Seller itself or its authorised representative, or a third parties engaged by the Seller for the delivery services (DHL, DPD courier, Lithuanian post (Lietuvos paštas). You can choose the delivery method that is suitable for you.
4. 4. The delivery charge depends on the delivery address, quantity and weight of the products, and the delivery type. The delivery charge and the delivery term will be calculated automatically after the Buyer adds the products to the shopping bag and indicates the shipment address. The delivery charge is a one-off charge per order. The precise amount of the delivery charge will be displayed before the Buyer confirms an order. Following confirmation of an order, the delivery charge will not be subject to change.
4. 5. The Seller undertakes to do his best to ensure that the purchased products are delivered no later than within the time limit for delivery of the product specified by the Seller. The Seller will not be held liable for the failure to comply with the delivery time limits if the products are not delivered or are delivered late to the Buyer through the fault of the Buyer or due to circumstances within control of the Buyer.
4. 6. Upon receipt of delivery of the products, the Buyer must, together with the Seller or its representative, check the condition of the parcel (for damage to the external packaging) and sign the invoice, waybill or other document confirming delivery and acceptance of the parcel. Upon signature of the invoice, waybill or other document confirming delivery and acceptance of the parcel by the Buyer, the parcel is deemed to have been delivered in good condition.
4. 7. Should the Buyer notice that the packaging of the delivered parcel is damaged (crumpled, torn, wet or otherwise externally damaged), the Buyer must note this on the invoice, waybill or other document evidencing delivery and acceptance of the parcel and, in the presence of the Seller or its representative, draw up a free form certificate of damage to the parcel. If the Buyer does not take the actions described above, the Seller will not be held liable for damage to the products unless such damage has resulted from defects in manufacturing, non-conformity of the complete set of products, where such non-conformity can be identified by visual inspection of the external appearance of the products.
4. 8. The risks of loss or damage to the products shall pass to you at the time you or a third party indicated by you acquires the products provided that the dispatch of the products is carried out by our carrier. However, if the carrier was commissioned by you, the risk shall pass to you upon the delivery of the products to the carrier.
4. 9. If you have any questions about shipment of the products or if you have not received the products, please contact us via e-mail firstname.lastname@example.org or via phone No. +37065002277.
4. 10. We undertake to use best efforts to fulfil your order. However, in exceptional cases, there may be one-time occurrences when due to unforeseen circumstances outside our control we may be unable to deliver the product purchased by you. In such exceptional cases, where performance of the purchase and sale contract is not possible, we will have the right to terminate the purchase and sale contract by giving prior written notice thereof to you. In order to meet your needs, we may offer you an alternative product similar to the product purchased by you. If you reject an alternative product proposal, we undertake to refund you for the amount paid within 5 business days.
5. RETURN OF PRODUCTS OF PROPER QUALITY
5. 1. The conditions set in this paragraph 5 apply only to the Consumers. Legal persons can return the products only on the general grounds set forth in the legislation of the Republic of Lithuania.
5. 2. The products of proper quality (non-defective products) purchased by the Buyer (Consumer) via the Website may be returned within 14 days of the date of receipt of the products without giving any reason. Exercise of the right of withdrawal will expire after 14 days from the date on which the Buyer has acquired or third party indicated by the Buyer has acquired the product in possession.
5. 3. In order to return the product, the Buyer is required to complete a product return form (which is available for download at [active link to the form] and send the completed form to us by e-mail email@example.com.
5. 4. You shall return the product to us without undue delay, but not later than within 14 days after sending to us the notice about the withdrawal from the contract and the return of the product. In the case of return of product of proper quality, you are required to cover the costs of the return of the product.
5. 5. We will reimburse you the price paid for the product (including the delivery charge) within 14 days from the day on which we have received your notice about the withdrawal from the contract. However, we have right to withhold the reimbursement until we have received the product back, or until you have supplied evidence of having sent back the product, whichever is the earliest. Please note that we will not reimburse any supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us. We bear no liability for the failure to transfer or late transfer of the amount of reimbursement for the products returned if you have provided erroneous details required for the reimbursement.
5. 6. We will carry out the reimbursement referred to in paragraph 5.5 using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement.
5. 7. If you seek to preserve the right to return the product of proper quality, you may you may use the Product to the extent which is necessary to establish the nature, characteristics and functioning of the Product. You must keep the packaging of the product in original and undamaged way, as well as the original visual appearance, protective seals, stickers and protective films of the product. The product shall be unused and remain in the resalable condition. You may not allow any signs of depreciation of the product.
5. 8. If the returned product or its packaging has signs of depreciation (damages, scratches, bruises, stains or similar defects) and/or some protective seals/films, instructions, components, spare parts are missing, we have right to deduct up to [60%] of the product’s value that we are obliged to reimburse to you. Alternatively, if the product return conditions set above in this paragraph are not fulfilled, we are entitled to refuse to accept the return of the product from you.
5. 9. If you will exercise your right of withdrawal from the contract, please pack the product in the original package safely and return it to us indicating the address JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania. For the safety of the dispatch, we suggest to use the traceable courier service.
6. WARRANTY AND PRODUCTS OF IMPROPER QUALITY
6. 1. As regards the legal guarantees, warranties and the consumers’ right when the product of improper quality is purchased, the Consumers shall have the rights stipulated in the applicable legal acts.
6. 2. The products of improper quality are covered by the warranty:
6. 2. 1. for the Consumers: the manufacturer’s warranty, but not less than 24 months from the date of delivery of the products;
6. 2. 2. for legal persons: the manufacturer’s warranty, but not less than 12 months from the date of delivery of the products.
6. 3. In the case of the product of improper quality, the Buyer shall have right to demand one of the following remedies on his/her own discretion from the Seller: (i) to repair the product; (ii) to reduce the price of the product accordingly; (iii) to replace the product with a similar product of a proper quality, or (iv) to withdraw from the contract and demand for a refund for the product’s price paid (the right to withdraw from the contract and to demand refund is not applicable if the defect of the product is minor).
6. 4. The warranty conditions referred to in paragraphs 6.1-6.3 of these T&C shall not apply to damage caused by misuse of the product and/or due to your carelessness, or due to an accident occurring at the time when the Products were in your use, for example, when:
6. 4. 1. the damage has occurred due to rapid temperature fluctuations, due to non-compliance of the supply voltage with the manufacturer’s specified standards, as well as due to other domestic and external factors such as humidity, smoke, dust, impacts;
6. 4. 2. the product has not been used for the purposes intended for it and has not been operated in the manner specified in the instructions for use of the product;
6. 4. 3. the product is damaged and/or broken;
6. 4. 4. there is presence of foreign objects in the product, or any other traces of the inappropriate operation of the product;
6. 4. 5. there are tracks of unqualified repair on/in the product;
6. 4. 6. the product contains non-standard supply units, accessories and spare parts which the manufacturer has not certified for use with the product.
6. 5. If you demand replacement or repair of the product, or wish to withdraw from the contract as set in paragraph 6.3 of the T&C, you have to return the product to us. We are not obliged to fulfil your demands if you cannot return the product in accordance with these T&C.
6. 6. Wishing to exercise your right to the warranty referred to in paragraph 6.3, please take the following actions:
6. 6. 1. Please fill a form (download the form) for returning the product of improper quality and pack it along with the product you wish to return;
6. 6. 2. Please bring the product and the form to our warehouse JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania. If you wish to send the product via the post/courier, please find the lowest price for traceable postal/courier services in order to return the products to us: JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania. Before sending the product, please contact us via email firstname.lastname@example.org in order to get our confirmation for the costs of return of the product;
6. 6. 3. Please send the product to the address: JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania.
7. LIMITATION OF LIABILITY
7. 1. The Buyer is fully responsible for the correctness of data provided when ordering the products. If the Buyer provides inaccurate data in the order form, the Seller will not be liable for the resulting consequences and will become entitled to claim compensation for direct damages from the Buyer.
7. 2. The Buyer is fully responsible for actions taken after logging in to the Website. The Buyer is responsible for the security of its registration data and the confidentiality of the order number. If the registration data is used by a third party, such third party will be deemed to be the Buyer.
7. 3. The Seller will be released from any liability in all cases where damages are due to the failure by the Buyer, regardless of the Seller’s recommendations and the Buyer’s obligations, to read these T&C (although the Buyer was able to do so).
7. 4. In the event of damage, the party at fault will compensate the other party for damages following the procedure and in accordance with the grounds set forth by the legislation of the Republic of Lithuania.
7. 5. To the extent permitted by the applicable law, our responsibility will not exceed the value of the products claimed.
7. 6. We do not undertake responsibility for delaying or default to fulfil obligations if this happens as a result of force majeure (e.g. warfare, civil unrest, uprisings, strikes, natural disasters, flood, explosions, legitimate and illegitimate actions of the governmental authorities, other invincible forces), as well as, if we cannot perform our obligations due to the fact that you provide us with the incorrect information regarding your address and/or contact details, or do not notify to us changes of your address. In the event of force majeure, the party claiming exemption from liability must, as promptly as possible, notify the other party to that effect in writing. If force majeure circumstances persist for a period of more than 3 (three) months, the contract may be terminated by either party by giving prior written notice thereof to the other party.
7. 7. The characteristics of all products offered for sale on the Website are indicated in the product description provided next to each product. The Seller is not responsible for any discrepancies in the colour, shape or other parameters of the products displayed in the Website as compared to the actual size, shape and colour of the products that may depend on the features of the monitor used by the Buyer.
8. CONTACTS OF THE SELLER
8. 1. If you have any questions or complaints concerning the Website or the products, we are ready to answer them. Please contact as via e-mail email@example.com or via phone +370 650 02277. Our address: JSC Lematics, Lvovo str. 25-702, LT-09320, Vilnius, Lithuania.
9. INTELLECTUAL PROPERTY
9. 1. All the intellectual property of the products and the Website and/or related to, including, without limitations, any written and visual materials, information and documentation that was created/developed in connection with the Website and/or the products belongs to us or to the owners of such intellectual property.
9. 2. Nothing in these T&C shall give you any rights, permits, copyright, or any other rights, or licenses to the products or to the Website.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10. 1. These T&C have been prepared in accordance with the legislation of the Republic of Lithuania. Any relationship arising under these T&C is governed by the law of the Republic of Lithuania.
10. 2. Any controversy arising from the fulfilment of these T&C will be resolved by way of negotiation. Failing that, disputes will be resolved as specified by the laws of the Republic of Lithuania.
10. 3. If you purchase the products from the Website as a Consumer, you can file a complaint regarding the purchased product with the State Consumer Rights Protection Authority of the Republic of Lithuania (website: vvtat.lt, e-mail: firstname.lastname@example.org, address Vilniaus g. 25, Vilnius, Lithuania), or you can complete a request form by going to the ODR platform at http://ec.europa.eu/odr/. However, in accordance with the applicable legislation, you should first apply to us regarding this matter.
11. FINAL PROVISIONS
11. 1. The Seller reserves the right to suspend, supplement and amend these T&C and other documents related to the T&C from time to time at its sole discretion. Any additions or amendments to the T&C will be effective as of the date on which they are posted on the Website.
11. 2. If the Buyer does not accept the amended version of the T&C, the Buyer may reject these T&C, in which case the Buyer will no longer be eligible to purchase products from the Website. In respect of Buyer’s orders placed before the amendments of the T&C, the version of the T&C that was effective at the time when the order was placed will apply.
The last review of these Terms and Conditions was made on 19 August 2020.