TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS AND PROVISION OF SERVICES IN THE E-STORE
Current version of the Terms dated 2023-03-21
1.1. Seller – Drinkservisas, UAB, legal entity code 302491145, address Sodų St. 4, Žadeikiai, LT-96304 Klaipėda District, VAT payer code LT100005337816.
1.2. E-store – this online store located at www.drinkservice.lt.
1.3. You / Buyer – 1) a natural person who, under applicable law, has the capacity to enter into transactions and purchases goods for personal consumption (not for business purposes), 2) a legal entity of the Republic of Lithuania purchasing goods as an end user (intending to use the goods for representative or other purposes not related to resale or use for business, production, or service provision purposes); 3) duly authorized representatives of all the above-mentioned persons.
1.4. Terms – these terms and conditions that establish the rights and obligations of the Buyer and the Seller, the conditions for purchasing and paying for goods and services offered by the Seller, the procedure for delivery and return of goods and services, the liability of the parties, and other provisions related to the purchase and sale of goods and services in the e-store.
1.5. Parties / Party – the Buyer and the Seller together or separately.
1.6. Goods / services – everything that is sold in the E-store. Hereinafter in the Terms, ‘goods’ also include services when goods and services are sold in the E-store, unless otherwise specified in the Terms.
2.1 These Terms are a mandatory legal document that establishes the mutual rights, obligations, and liability of the Buyer and the Seller, as well as other provisions related to the purchase and sale of goods and services offered by the Seller when the Buyer purchases goods or services in the E-store.
2.2. In order to use the E-store and purchase goods and services therein, the Buyer must agree to the Terms. By confirming that they have read and agree to the Terms, the Buyer undertakes to comply with them. By purchasing goods and services in the E-store, the Buyer agrees to the application of the Terms and confirms that they have understood them. If the Buyer has not read and/or understood the Terms or does not agree with them, they may not purchase goods and services in the Store.
2.3. By confirming that they have read and understood the Terms, the Buyer also confirms that the Buyer meets the definition specified in the Buyer concept.
2.4. The Seller has the right to change the Terms at any time at its discretion. Changes to the Terms take effect after their publication in the Store. If the Buyer uses the Store in any way after the publication of changes to the Terms, they are deemed to agree to all changes to the Terms.
3.1. Both registered and unregistered users may shop in the E-store.
3.2. The purchase and sale agreement is concluded between the Seller and the Buyer. The legal relationship and agreement for purchase and sale between the Seller and the Buyer is deemed concluded when: i) the Buyer submits an order by forming a shopping cart according to the instructions provided by the Seller, ii) the Buyer selects the delivery or collection method, (iii) the Buyer selects the payment method and pays for the order in full, and (iv)
3.3. the Seller confirms the Buyer’s order by displaying and/or sending order information and a confirmation message (by email and/or phone) and/or a VAT invoice. In cases where the Buyer does not agree to all or part of the Terms, they may not order goods. The Buyer may form a cart only if they agree to the Terms.
3.4 The Seller has the right to send or display other interim messages to the Buyer before the conclusion of the purchase and sale agreement, for example, regarding a required payment or confirmation that payment has been received.
4.1. The Buyer has the right to purchase in the E-store in compliance with the Terms, other instructions and guidelines of the Seller, and the legal acts of the Republic of Lithuania.
4.2. The Buyer-consumer has the right to withdraw from the purchase and sale agreement concluded when purchasing goods in the E-store by notifying the Seller in writing no later than within 14 (fourteen) days in accordance with the procedure established by these Terms and the Civil Code of the Republic of Lithuania.
4.3. The Buyer also has the right to return and/or exchange goods of poor quality and/or improperly assembled, and to use warranties applicable to the goods.
4.4 The Buyer also has other rights provided for in the Terms and/or the legal acts of the Republic of Lithuania.
5.1. The Buyer has the obligation to pay the price of the ordered goods and their delivery to the Buyer, as well as other payments (if specified when concluding the agreement), and to pay the costs of returning goods if they are borne by the Buyer.
5.2. The Buyer undertakes to accept the ordered goods according to the selected method of goods delivery. In such case, if the Buyer chooses delivery by collecting the goods from the collection point specified by the Buyer, the Buyer undertakes to do so within the time period specified by the Seller.
5.3. The Buyer has the obligation to inspect and check the goods upon receipt. In such case, if the Buyer notices damage to the shipment of goods from the E-store, clearly visible defects in the goods, or other non-conformity of the goods with the goods ordered by the Buyer, the Buyer must inform the Seller. The Buyer must inform the Seller about quality defects of the goods at info@drinkservice.lt.
5.4. The Buyer undertakes not to use the e-store in a manner that may endanger the proper operation, security, integrity of the e-store or limit the ability of other persons to use the Store. The Buyer has the obligation to use the E-store only for lawful purposes.
5.5. The Buyer also has the obligation to comply with other requirements established in the Terms and the legal acts of the Republic of Lithuania.
6.1. The Seller has the right at any time, at its discretion, without notice to the Buyer, to temporarily suspend or terminate the operation of the E-store. Upon temporary suspension of the E-store’s operation, orders placed by Buyers are completed, but from the date of temporary suspension or termination of operations set by the Seller, new orders are no longer accepted.
6.2. The Seller has the right to contact the Buyer if the Seller has questions about the order or needs to clarify the Buyer’s information so that the Seller can properly fulfill the order.
6.3. The Seller has the right to cancel the Buyer’s order under the conditions and procedure provided for in the Terms.
6.4. The Seller has other rights provided for in these Terms or the legal acts of the Republic of Lithuania.
7.1. The Seller has the obligation to respect the Buyer’s privacy and maintain the confidentiality of their data in accordance with the procedure established in the Terms and the laws of the Republic of Lithuania and the E-store’s Privacy Policy.
7.4. The Seller undertakes to deliver the ordered goods to the Buyer according to the delivery method selected by the Buyer, or to prepare the goods for collection if this method of goods delivery is selected.
7.5. In accordance with the procedure provided for in the Terms and the laws of the Republic of Lithuania, the Seller undertakes to accept goods returned by the Buyer.
7.6. If unable to provide the Buyer with the ordered goods, the Seller undertakes to refund the money paid by the Buyer for the missing goods or for the entire order within _______ business days.
8.1. All prices of goods sold in the E-store are indicated in euros, including value added tax (VAT).
8.2. The Buyer, wishing to order and purchase goods from the E-store, pays for them in the following manner: Electronic Banking, payment cards.
8.3. Goods are sold to the Buyer at the prices valid in the E-store at the time of order submission. The specific price of goods and the amount payable for goods to the Buyer is displayed when forming the shopping cart.
8.4. If the Buyer does not agree with the indicated price, they may not continue the goods ordering procedure and order goods.
8.5. The price of goods does not include the cost of goods delivery and services that the Buyer may order from the Seller. Unless otherwise specified, goods delivery service and other services are paid. The prices of these services and the procedure for their calculation and payment are indicated in the Store.
8.6. When purchasing goods in the Store, payment can be made by the methods indicated in the Store.
8.7. Goods purchase documents – order information, VAT invoices – are provided to the Buyer electronically in the Buyer’s account, from which the Buyer can download and/or print them. These electronic purchase documents are valid without signature.
9.1. The Buyer has the option to choose the delivery method. The E-store offers the following methods of goods delivery (collection): Delivery by courier
9.2. If the Buyer chooses to collect the goods at the location and time specified by the Seller, the Buyer undertakes to collect the goods themselves or through an authorized representative at the location specified by the Seller. If the Buyer specifies another recipient, the Buyer ensures that the specified recipient or their representative will collect the goods at the time and location specified by the Seller.
9.3. If the Buyer chooses goods delivery, the Seller may deliver the goods themselves or through an authorized representative or through a courier. When goods delivery is selected, the Buyer undertakes to accept the goods themselves and must have a valid identity document. If the Buyer cannot accept the delivered goods themselves, and the Seller delivers them (themselves or through a courier) to the address specified by the Buyer, in such case the Seller is deemed to have properly delivered the goods and the Buyer may not make claims to the Seller regarding delivery to the wrong person.
9.4. If the Seller indicates goods delivery, shipping, or collection fees in the E-store, the Seller has the right to change them at its discretion. The applicable rates are indicated in the order formation window so that the Buyer has the opportunity to review them before confirming the order.
9.5. If the Seller indicates goods delivery, shipping, or collection deadlines in the E-store, the Seller has the right to change them at its discretion. The applicable deadlines are indicated in the order formation window so that the Buyer has the opportunity to review them before confirming the order.
9.6. The delivery period for goods to the Buyer begins from the confirmation of the order.
9.7. The Seller is released from liability for violation of goods delivery deadlines if the goods are not delivered to the Buyer or are delivered late due to the fault of third parties or due to circumstances dependent on the Buyer.
9.8. If the Buyer accepts the shipment without remarks, it is deemed that the goods were delivered in undamaged shipment packaging, the quantity, quality, and assortment of goods comply with the terms of the Purchase and Sale Agreement, and additional services related to the sale and delivery of goods were performed properly.
9.9. The Seller is not responsible for the fact that the color, shape, smell, or other parameters of goods indicated in the E-store may not correspond to the actual size, shape, color of goods, or the Buyer’s perception due to the characteristics of the monitor used by the Buyer or the Buyer’s subjective assessment.
9.10. The risk of accidental loss or damage to goods passes to the Buyer from the moment the goods are transferred to the Buyer or their authorized representative or person who accepted the goods at the goods delivery address specified by the Buyer.
10.1. The rules for returning and exchanging goods purchased in the E-store by the Seller are indicated at www.drinkservice.lt/grąžinimas.
11.1 The Seller takes care of the protection and privacy of the Buyer’s data when the Buyer uses the E-store.
11.2. The Seller’s privacy policy is indicated at www.drinkservice.lt/privatumo-politika.
12.1 The Seller may, at its discretion, conduct various promotions, apply discounts on goods, and implement other marketing measures. The Seller has the right to unilaterally, without separate notice, cancel and change established promotions, discounts, and other marketing measures at any time. Changes or cancellations take effect from the moment they are made.
12.2. When the Buyer purchased goods for which the Seller provided a discount or gift when purchasing, or the Buyer paid with a gift card, and the Buyer exercises the provided right to return the goods, only the amount actually paid by the Buyer for the goods is refunded.
13.1 The Buyer must use the E-store only for lawful purposes permitted by the Terms and applicable legal acts and is liable for violations of this obligation.
13.2 The Buyer undertakes to ensure that the data provided by the Buyer when using the E-store is correct, current, and accurate. If the Buyer provides incorrect data, the Seller is not responsible for the resulting consequences.
13.3 The Buyer is responsible for the security of their registration data and undertakes not to disclose it to third parties. The Seller is not responsible for consequences arising from the Buyer’s disclosure of information to third parties.
13.4 If the Buyer provides their data to a third party who uses the E-store using this data, the Seller considers such person as the Buyer and all rights and obligations applicable to the Buyer apply to them.
13.5. The Seller is released from any liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and their obligations, did not familiarize themselves with the Terms and/or the Purchase and Sale Agreement, although such opportunity was provided to them.
13.6 If the Seller’s Store contains links to websites of other companies, institutions, organizations, or persons, the Seller is not responsible for the information or activities conducted there, does not monitor or control those websites, and does not represent those companies and persons.
13.7. In the event of damage, the guilty party compensates the other party only for direct losses.
13.8 The Seller is not responsible for non-performance of the purchase and sale agreement and/or non-delivery or late delivery of goods if this occurred due to the fault of third parties or due to circumstances that the Seller could not control and reasonably foresee at the time of conclusion of the Purchase and Sale Agreement and could not prevent the occurrence of these circumstances or their consequences (force majeure circumstances). If the specified circumstances last longer than 1 (one) month, the parties may terminate the Purchase and Sale Agreement by mutual agreement.
14.1 The Terms and the purchase and sale agreement, as well as the legal relations arising between the Buyer and the Seller, are governed by the applicable legal acts of the Republic of Lithuania and the European Union.
14.2. The Seller has the right, at its discretion, unilaterally, without additional notice, to change the Terms. Changes take effect from the moment they are posted in the E-store and are binding on the Buyer wishing to use the E-store.
14.3. Information provided on the Seller’s Store website is deemed to be provided to the Buyer in writing.
14.4. The Seller may at any time assign its rights and obligations arising from these Terms to third parties without the Buyer’s consent and without notifying them.
14.5 In the event of disputes between the Buyer and the Seller, they are resolved through negotiations. If the Parties fail to reach an agreement, disputes are finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
14.6. The Buyer-consumer may submit a request and/or complaint regarding goods or services purchased in the Store to the State Consumer Rights Protection Authority (Vilniaus St. 25, 01402 Vilnius, tel. 0 5 262 67 51, fax 0 5 279 1466, email tarnyba@vvtat.lt, website www.vvtat.lt, its territorial divisions in counties) or fill out a request form on the Electronic Consumer Dispute Resolution Platform accessible at http://ec.europa.eu/odr/. This condition does not apply to Buyers who are business entities.
