Rules for buying and selling goods in the Alus.live online store
1. Concepts
1.1. MB "Alus gyvai" ir.k.: 305122915 registration address: Vytenio g. 50 Vilnius, hereinafter referred to as - Alus.live
1.2. Buyer – 1) a legal entity; 2) a capable natural person, who is a person who has reached the age of majority and whose capacity is not restricted by court order;
1.3. Parties – the Buyer and Alus.live together.
1.4. Alus.live partner – a legal entity: 1) Representing or providing Alus.live services such as transportation, etc. 2) with which joint campaigns or projects such as support, event organization, or other commercial or public projects are carried out.
1.5. Personal data – any information relating to a natural person – the data subject, whose identity is known or can be determined, directly or indirectly, by reference to data such as an identification number, one or more factors specific to that person’s physical, physiological, psychological, economic, cultural or social identity.
1.6. Rules – these “Rules for the purchase and sale of goods in the Alus.live online store”.
1.7. Account – the result of the Buyer's registration at Alus.live, which creates an account that stores their personal data and order history.
1.8. Privacy Policy – a document approved by Alus.live, which provides the basic rules for the collection, storage, processing and storage of Personal Data when using Alus.live.
2. General provisions
2.1 The Buyer confirms the Rules by familiarizing himself with them and checking the box next to the statement “By checking, you agree to the Terms and Conditions”. The Rules approved in this way are a legal document binding on the Parties, which establishes the rights and obligations of the Buyer and Alus.live, the conditions for purchasing and paying for goods, the procedure for delivering and returning goods, the liability of the parties and other conditions related to the purchase and sale of goods on Alus.live.
2.2 Alus.live reserves the right to change, amend or supplement the Rules at any time, taking into account the requirements established by legal acts.
2.3 Only Buyers, as defined in clause 1.2 of the Rules, have the right to purchase goods on Alus.live. By accepting the Rules and having read the Privacy Policy (clause 1.8 of the Rules), the Buyer confirms that he has the right to purchase goods on Alus.live.
2.4 Personal data provided by the Buyer (name, surname, address, telephone number, e-mail address, etc.) when registering and purchasing on Alus.live are stored and processed in accordance with the Law of the Republic of Lithuania on the Legal Protection of Personal Data (Revision: 13 - 2016.11.03 (from 2017.01.01)) and the Annex to the Rules “Privacy Policy”.
2.4.1 The Buyer must familiarize himself with the Privacy Policy approved and publicly published by Alus.live. The Buyer expresses his consent or disagreement with specific methods of using the Buyer's Personal data in the Privacy Policy itself in accordance with the procedure provided therein.
2.5 The Buyer can order and purchase goods on Alus.live by choosing one of the following methods:
2.5.1 by registering online, creating an Alus.live Account (by entering your registration name and password);
2.5.2 without registering online at Alus.live;
2.5.3 in a physical store at Kauno St. 30 Vilnius, without disclosing personal data.
2.6 The contract between the Buyer and Alus.live is considered concluded from the moment when the Buyer, having selected the product(s) to be purchased and created a shopping cart, confirms that he has read the applicable Rules and confirms the payment.
2.7 Each Buyer's order is registered and stored in the Alus.live database.
2.8 Alus.live sends all notifications to the email address provided in the Buyer's registration form.
2.9 The Buyer shall send all messages and questions by e-mail: sales@alus.live
3. Buyer's rights, obligations and responsibilities
3.1 The Buyer has the right to purchase the goods and must pay for them and accept them in accordance with the procedure established by these Rules.
3.2 The Buyer is responsible for actions taken using Alus.live.
3.3 The Buyer has the right to withdraw from the contract for the purchase and sale of goods concluded with Alus.live and to replace or return the purchased goods in accordance with the procedure established by these Rules and the Rules for Warranty Service, Exchange and Return of Goods.
3.4 The Buyer must provide complete and correct personal data in the Alus.live registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not responsible for the consequences arising therefrom. The Buyer assumes all risk of loss arising therefrom.
3.5 The Buyer undertakes not to transfer his registration and login data to third parties. If the Buyer loses his login data, he must immediately inform Alus.live by e-mail sales@alus.live. Alus.live is not responsible for the actions of third parties using the Buyer's login data until the moment of notification. In such a case, Alus.live has the right to consider that the actions were performed by the Buyer.
3.6 Alus.live stores cookies on the Buyer's computer (device) in order to provide full-fledged services on the Alus.live website. The stored information is used to identify the Buyer as a previous user of the website, to collect statistics on Alus.live traffic. The Buyer can at any time view which cookies are stored and can delete the stored cookies.
3.7 The Buyer, by changing the settings of his/her internet browser, has the right to refuse the storage and use of cookies on the Buyer's computer (device), however, in such a case some functions may be unavailable to the Buyer.
3.8 When using Alus.live, the Buyer undertakes to comply with these Rules, other conditions clearly specified in Alus.live, and not to violate the legal acts of the Republic of Lithuania.
4. Seller's rights, obligations and responsibilities
4.1 If the Buyer attempts to undermine the stability and security of Alus.live's work or violates its obligations, Alus.live has the right to immediately and without warning restrict or suspend the Buyer's ability to use Alus.live or cancel the Buyer's registration.
4.2 In the event of important circumstances, Alus.live may temporarily or completely discontinue the activities of Alus.live without prior notice to the Buyer.
4.3 Alus.live has the right to cancel the Buyer's order without prior notice if the Buyer, having chosen the payment methods provided for in paragraphs 5.5.1 or 5.5.2 of the Rules, does not pay for the goods within 2 hours.
4.4 If Alus.live contains links to the websites of other companies, institutions, organizations or individuals, the Seller is not responsible for the information contained there or the activities carried out there, does not supervise or control those websites and does not represent those companies and individuals.
4.5 Alus.live is exempt from any liability in cases where losses arise due to the fact that the Buyer, disregarding Alus.live's recommendations and his obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
4.6 Alus.live may initiate various promotions at its discretion.
4.7 Alus.live has the right to unilaterally, without separate notice, change the terms of the promotions, as well as cancel them, moreover, unilaterally, without separate notice.
4.8 Alus.live undertakes to provide the Buyer with the opportunity to use the services provided by Alus.live under the conditions set out in these Rules and other Alus.live documents.
4.9 Alus.live undertakes to provide the Buyer with information in a clear and understandable manner, as established in Article 6.2287 of the Civil Code of the Republic of Lithuania.
4.10 Alus.live undertakes to respect the Buyer's right to privacy regarding personal information belonging to him, specified in the Alus.live registration form, except for cases established in the Law of the Republic of Lithuania on the Legal Protection of Personal Data and other legal acts of the Republic of Lithuania.
4.11 Alus.live undertakes to deliver the goods ordered by the Buyer to the address specified by him/her under the conditions specified in Clause 6 of the Rules.
4.12 Alus.live, if due to important circumstances it is unable to deliver the ordered goods to the Buyer, undertakes to offer an analogous or as similar product as possible in terms of its characteristics. If the Buyer refuses to accept an analogous or as similar product in terms of its characteristics, Alus.live undertakes to refund the money paid to the Buyer within 3 (three) business days, if an advance payment was made.
5. Prices of goods, payment procedures and terms
5.1 The prices of goods specified in the Alus.live product catalog are valid only when purchasing these goods at Alus.live.
5.2 Prices of goods on Alus.live are indicated including VAT.
5.3 Delivery costs are not included and are indicated separately when placing an order.
5.4 The delivery price is clearly indicated to the Buyer prior to order confirmation and is specified in the order confirmation itself.
5.5 The Buyer can pay for the goods in three ways:
5.5.1 Using the payment methods offered by OPAY, presented on the Alus.live website during checkout.
5.5.2 by advance bank transfer. Responsibility for data security in this case lies with the relevant bank, since all monetary transactions take place in the bank's electronic banking system.
5.5.3 in a physical store, paying in cash or by card.
5.6. When paying by the payment methods provided for in paragraphs 5.5.1. and 5.5.2., the Buyer undertakes to pay immediately. In the above cases, after payment for the goods, the goods parcel is formed and the delivery period for the goods begins to be calculated.
6. Delivery of goods
6.1 Goods are delivered via Alus.live's partner - a courier service.
6.2 The delivery price of orders is calculated according to the pricing of the Alus.live partner (courier service).
6.3 Orders to the Curonian Spit are delivered according to the pricing of the Alus.live partner (courier service) in force at that time.
6.4 When ordering goods, the Buyer undertakes to specify the place of delivery of the goods.
6.5 The Buyer undertakes to accept the goods himself. In the event that he cannot accept the goods himself, and the goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer has no right to make claims against Alus.live regarding the delivery of the goods to an inappropriate entity.
6.6 Goods in stock are delivered to the Buyer after payment on the next business day or within 3 business days after payment. undertakes to deliver the goods to the Buyer in accordance with the terms specified in the product descriptions. These terms are preliminary. These terms do not apply in cases where the warehouse does not have the necessary goods, and the Buyer is informed about the shortage of the goods ordered by him. undertakes to immediately contact the Buyer and agree on the terms and other conditions for the delivery of the goods.
6.7 The Buyer agrees that in exceptional cases, the delivery of the goods may be delayed due to unforeseen circumstances beyond their control. In such a case, the Buyer undertakes to immediately contact the Buyer and coordinate the delivery of the goods.
6.8 If the paid order is not delivered within 30 days from the conclusion of the contract. The Buyer may also agree on another delivery date for the goods. If the goods are not delivered within this or another agreed date, the Buyer, taking into account the circumstances, may submit a request to deliver the items within an additional reasonable period. If the goods are not delivered within the additional period set by the Buyer, the Buyer has the right to unilaterally terminate the contract.
6.9 In all cases, the Seller is exempted from liability for violation of the delivery deadlines if the goods are not delivered to the Buyer or are delivered late due to the fault of the Buyer or third parties unrelated and/or independent of the Seller, or due to circumstances beyond the control of the Buyer.
6.10 During the delivery of the goods, the Buyer must, together with an authorized representative (courier service employee), check the condition of the shipment. After the Buyer signs the invoice (waybill) or other document of delivery and acceptance of the shipment, it is considered that the shipment has been transferred in proper condition. Having noticed that the packaging of the delivered shipment is damaged (crumpled, wet or otherwise externally damaged), the Buyer must mark this on the waybill or other document of delivery and acceptance of the shipment and, in the presence of the courier, draw up a free-form act of damage to the shipment. If the Buyer fails to perform these actions, he is released from liability to the Buyer for damage to the goods, if such damage was caused by damage to the packaging, which the Buyer did not mark in accordance with the procedure established above.
6.11 The delivery service fee does not include the delivery of the ordered goods - the Buyer can order this service additionally from the courier service. The price of delivery services is determined according to the courier service's pricing policy in force at that time.
6.12 The risk of accidental loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer.
6.13 If the goods cannot be delivered to the Buyer and the Buyer has paid for the goods and their delivery, the courier service will contact the Buyer regarding another time and/or method of delivery of the goods. If the Buyer still fails to deliver the goods, such goods are returned, the order is cancelled, and the money paid for the goods is returned to the Buyer, after deducting the bank fees applied to the Seller for the relevant bank transfers, the delivery fee for the goods, if any.
7. Product quality guarantee, shelf life and return and exchange of goods
7.1 Defects in the sold goods are eliminated, poor-quality goods are replaced, returned in accordance with the “Rules for Warranty Service, Exchange and Return of Goods”, drawn up on the basis of Articles 6.363, 6.364 and 6.338 of the Civil Code of the Republic of Lithuania and the “Retail Trade Rules” approved by the Government of the Republic of Lithuania on 22 July 2014. Resolution No. 738.
7.2 The characteristics of each item sold are generally indicated in the item description attached to each item.
7.3 is not responsible for the fact that the color, shape or other parameters of the available goods may not correspond to the actual size, shape and color of the goods due to the characteristics of the display used by the Buyer.
7.4 In the event that the manufacturer does not provide a quality guarantee for certain types of goods, the goods are provided with a 2-year quality guarantee for the goods provided for in Article 6.338 of the Civil Code of the Republic of Lithuania: no more than two years from the date of transfer of the item shall be liable for defects in the item if the buyer proves that the defect arose before the transfer of the item or due to reasons that arose before the transfer of the item, for which the seller is liable.
7.5 does not provide warranty maintenance services for goods, directing the Buyer to a center providing warranty service in each specific case.
7.6 The buyer must contact the email address info(eta) for warranty service and return/exchange. The request must state the reason for the request, clearly state the VAT invoice number and the codes and names of the goods to be returned/exchanged. If a warranty card was issued, a copy of it must be attached.
7.7 In cases where, based on legal acts, a certain shelf life is established for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a real opportunity to use such goods until the end of the shelf life.
7.8 More detailed information regarding the warranty conditions and return and exchange of goods is provided in the “Rules for Warranty Service, Exchange and Return of Goods” section “Return of Goods”.
8 Final provisions
8.1 These rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.
8.2 The law of the Republic of Lithuania applies to relations arising on the basis of these rules.
8.3 All disagreements arising from the implementation of these rules shall be resolved through negotiations. If an agreement cannot be reached, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
8.4 If the Buyer does not agree with the prepared response to the Buyer's written claim, the Buyer may submit his request regarding the purchased goods to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba(eta)vvtat.lt, tel. 85 262 67 51, fax: (85) 279 1466, on the website www.vvtat.lt (also to the territorial divisions of the State Consumer Rights Protection Service in the counties) - or fill out the request form on the ODR platform https://ec.europa.eu/odr/.8.5
Online dispute resolution for consumers under Regulation (EU) No 524/2013 of the European Parliament and of the Council Disputes that relate to contractual obligations under electronic sales or service contracts between a consumer habitually resident in the European Union and a trader established in the European Union may be submitted through the Online Dispute Resolution (ODR) platform. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.