General terms and conditions
Preamble
These General Terms and Conditions apply to the purchase of goods in the business premises of UAB Lakonis, Prasiskiu st. 53, 10 k., LT-14259 Vilnius, Lithuania, and to the purchase of goods from UAB Lakonis (hereinafter referred to as Seller) on the Internet. They become part of the contract upon conclusion of the purchase contract.
§ 1 General
1) For all purchases made in this context, these general terms and conditions of business and contract in the version valid at the time of conclusion of the contract shall apply exclusively. The Seller does not acknowledge any terms and conditions of the Buyer which conflict with or deviate from these General Terms and Conditions of Business and Contract unless the Seller expressly agrees in writing to their validity before the purchase contract is concluded.
2. agreements made with the customer in individual cases (including collateral agreements, supplements and amendments), insofar as these have been agreed in writing, shall in any case take precedence over these terms and conditions.
3. the law of the Lithuania applies exclusively. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG – UN Convention on Contracts for the International Sale of Goods) is excluded.
§ 2 Conclusion of the purchase agreement
The prospective buyer can view the seller’s goods and services on the seller’s website and submit a binding offer (order). The seller accepts the offer by confirming the order. The order confirmation takes place in writing in text form, e-mail is sufficient.
If the buyer is a consumer, he is entitled to a statutory right of revocation.
§ 3 Shipment and return shipment
As far as the customer acquires goods on the Internet, the seller sends these to the customer to the shipping address indicated by the customer. The dispatch takes place directly from the manufacturer from the warehouse in the Prasiskiu st. 53, 10 k., LT-14259 Vilnius, Lithuania. In case of complaints and return, the goods will be returned by the customer to this address.
§ 4 Transport risk
If the contracting parties are merchants, legal entities under public law or special funds under public law, delivery shall be EXW Vilnius (ICC 2010).
For consumers the delivery takes place to the delivery address agreed with the buyer. In this case, the costs and risk of transport shall be borne by the seller. In all other respects, the statutory regulations on the sale of consumer goods shall apply.
§ 5 Handicraft services
The salesman offers beside the sun protection systems also handicraft achievements like the taking of the measurement and the assembly. These services are provided after previous appointment arrangement with the buyer on site. The seller may use the assistance of third parties to perform the services of the trades.
§ 6 Warranty/Reclamation
Complaints must be sent to the address of the seller.
The seller has two attempts to rectify the defective delivery. If a subsequent improvement fails or if a subsequent improvement is hopeless from the outset due to the nature of the error, the purchase contract is reversed.
In the event of a reversal, the buyer sends the faulty goods directly to the warehouse address Prasiskiu st. 53, 10 k., LT-14259 Vilnius, Lithuania using a forwarding service and informs the seller of the shipment, stating the tracking number.
The repayment of the purchase price becomes due with indication of the transmission pursuit number.
If the contracting parties are merchants, legal entities under public law or special funds under public law, the purchaser shall bear the costs of the return transport. If the buyer is a consumer, the seller bears the costs of the return transport.
If the Seller has also assumed the assembly services, the disassembly and collection of the sun protection system by the Seller shall take place in the event of a reverse transaction. In this case the seller bears the costs for disassembly and collection.
§ 7 Liability
The seller is liable without limitation for intent and gross negligence. In the event of slight negligence, the Seller shall be liable for damages resulting from injury to life, limb and health of persons, as well as in the event of breach of essential contractual obligations, i.e. obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely.
This limitation of liability shall also apply to the benefit of the Contractor’s employees, workers, staff, representatives and vicarious agents.
The Contractor shall not be liable for damage caused outside his area of responsibility by third parties who are not vicarious agents of the Contractor, nor for information and data based on information provided by third parties.
The seller is also not liable for errors that are based on incorrect information provided by the buyer (e.g. incorrectly transmitted dimensions).
§ 8 Product liability
As far as the seller manufactures goods or parts of the goods himself, he is liable according to the rules of the product liability law.
If the seller does not produce the goods himself, he is only liable according to § 7 of these General Terms and Conditions.
§ 9 Guarantee
Independently of the adhesion after §§ 7 and 8 of these GTCs the salesman offers a warranty of three years for the sun protection systems and craftsman achievements offered by him. The guarantee contract shall be attached to the contract documents.
The guarantee is excluded for weather-related colour changes. The guarantee also expires in the event of demonstrable improper handling of the sun protection system.
§ 8 Disruption of performance due to force majeure
Force majeure, labour disputes, civil unrest, official measures and other unforeseeable, unavoidable and serious events shall release the Seller from its performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the Seller is in default. Within reason, the Seller shall immediately provide the Buyer with the necessary information. The seller’s obligations shall be adapted to the changed circumstances in good faith.
§ 9 Payment processing
The buyer has several possibilities to pay the purchase price.
When the order is placed, an advance payment of 50% of the purchase price and any additional craftsman services booked must be paid. The advance can be transferred to the seller’s account.
The balance is due for payment as follows:
If only the sun protection system is delivered without installation, the remaining payment is to be made by bank transfer before delivery.
If the delivery including assembly takes place on site, the buyer has the option of either paying by bank transfer before delivery or by credit card directly after delivery, by bank transfer directly after completion of assembly (proof of transfer takes place directly on site) or in cash after completion of assembly.
If the buyer is a merchant or a legal entity under public law, a 15-day payment period is granted if the purchase price is secured by a bank guarantee from a Europe bank.
If the contracting parties are merchants, legal entities under public law or special funds under public law, the purchaser shall pay any cancellation fees incurred, e.g. for chargebacks. If the customer is a consumer, the seller shall bear any cancellation fees incurred.
In the event of late payment, the Seller reserves the right to charge default interest in the amount of the applicable statutory provisions. This shall not affect the assertion of claims for damages associated with the delayed payment and beyond.
§ 10 Set-off and right of retention
The buyer shall only be entitled to offset, withhold or reduce payment if the counterclaims asserted by him for this purpose have been legally established or expressly acknowledged by the seller.
§ 11 Place of jurisdiction
If the parties to the contract are merchants, legal entities under public law or special funds under public law, the parties agree that the place of jurisdiction for all disputes arising from the contractual relationship shall be the seller’s place of jurisdiction in Lithuania.
The seller is also entitled to bring an action before a court having jurisdiction over the registered office or branch of the buyer.
If the buyer does not have a general place of jurisdiction in Lithuania or if after conclusion of the contract he has moved his domicile or usual place of residence out of the jurisdiction of the Lithuanian courts or if the buyer’s domicile or his usual place of residence is not known at the time the action is filed, the seller’s place of jurisdiction shall also apply.
§ 12 Final provisions
Subsidiary agreements as well as amendments and supplements to the contract require the written form and the written consent of both parties to the contract in this respect. Oral ancillary agreements are excluded.
The invalidity of individual provisions of this contract or its components shall not affect the legality of the remaining provisions. The invalid provision shall be deemed to be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. This shall also apply if a gap in the contract which requires regulation becomes apparent.