Purchase conditions
-
1. General Provisions
1.1. These Terms and conditions of sales and purchase (hereinafter referred to as the Terms) constitute a legal document binding to the Buyer and the Seller (hereinafter referred to as the Parties), which sets out the rights and obligations of the Parties, the terms for concluding the sales and purchase agreement, payment terms, conditions for delivery and returns, as well as the ways and procedures, and other provisions related to the sales and purchase on www.gentleday.com online shop.
1.2. The Buyer agrees to these Terms when signing-up on the online shop or when confirming the acceptance of the Terms before ordering the items.
1.3. The Seller has the right to modify, supplement or amend the Terms at any time. Any changes of the Terms are published on the website .
1.4. Only the following persons are entitled to sign up and buy items on online shop:
1.4.1. natural persons with legal capacity;
1.4.2. minors from fourteen to eighteen years of age only with the consent of parents or guardians, except when they dispose of their own income;
1.4.3. legal entities;
1.4.4. authorized representatives of all of the above-mentioned persons.
1.5. After agreeing with the Terms the Buyer has the right to sign up and buy items on online shop.2. Conclusion of the Sales and Purchase Agreement
2.1. The agreement between the Buyer and the Seller may be concluded from the moment the Buyer clicks on "Submit" button after having selected the item and indicated the number of items ordered.
2.2. Upon conclusion of the sales and purchase agreement, the range of items indicated in the Buyer’s order, their quantity, price, delivery time and other terms and conditions are binding to both Parties and become an integral part of the agreement.3. Rights and Obligations of the Buyer
3.1. The Buyer has the right to purchase items on www.gentleday.com online shop in accordance with these Terms.
3.2. The Buyer must pay for the items purchased and accept them in accordance with the conditions, terms and other requirements specified in these Terms, and other conditions indicated by the Seller.
3.3. If upon delivery of the items the Buyer refuses to accept them without valid reasons, the Buyer must cover the delivery costs incurred by the Seller.
3.4. The Buyer must comply with these Terms of the online shop and respect the laws of the Republic of Lithuania.
3.5. The Buyer may change the range of items, the delivery address, and other details, or cancel the order for the items before clicking the link "CONFIRM". After clicking "CONFIRM", the Buyer is no longer entitled to change or cancel his/her order.4. Rights and Obligations of the Seller
4.1. The Seller has the right to cancel the registration of the Buyer or otherwise restrict his/her access to online shop, if the Buyer attempts to disrupt the operation of the online shop in any way.
4.2. The Seller agrees to allow the Buyer to use the online shop services according to the conditions specified in these Terms and other terms of online shop.
4.3. The Seller agrees that all products are of suitable quality, i.e. the properties of the items are not worse than indicated in the item description.
4.4. The Seller agrees to deliver the items purchased by the Buyer at his/her specified address, based on the terms and conditions specified in the particular offer, or as defined by these Terms.
4.5. If due to unforeseen circumstances the Seller fails to deliver the items purchased in online shop, the Seller shall have the right to terminate the sales and purchase agreement by giving a written notice before five calendar days to the Buyer.
4.6. The Seller is not responsible for the late delivery if it is attributable to the fault of postal or courier services.5. Ordering goods, prices, payment procedure and terms
5.1. The Buyer can make purchases in the online store 24 hours a day, 7 days a week.
5.2. The purchase and sale agreement comes into force from the moment the Buyer clicks the “Confirm order” button, and the Seller confirms it by sending an order confirmation letter to the Buyer’s specified e-mail address.
5.3. All prices for goods in the online store and in the order form are indicated in euros (EUR), including value added tax (VAT).
5.4. The Buyer can pay for the goods in one of the following ways:
5.4.1. Electronic banking – prepayment using the e-banking system chosen by the Buyer. In order to use this method, the Buyer must have concluded an e-banking agreement with one of the banks served. Responsibility for data security lies with the relevant bank, since all monetary transactions take place in the bank’s e-banking system.
5.4.2. Bank transfer – advance payment, when the Buyer makes a payment according to the provided details through his bank account or at any bank branch.
5.5. The Buyer undertakes to pay for the goods immediately. Only upon receipt of payment, the order fulfillment begins and the delivery term of the goods is calculated.
5.6. If the Buyer does not collect the shipment, the Seller stores it for no longer than 3 months at its headquarters (Veiverių g. 153, Kaunas). If the Buyer does not contact the Seller and does not collect the shipment during this period, it is disposed of.6. Delivery of goods
6.1. The Buyer, having selected the delivery service during the order, must indicate the exact place of delivery of the goods.
6.2. The Buyer undertakes to accept the goods in person. If the Buyer is unable to do so, and the goods are delivered to the address specified by him, it is considered that the goods have been transferred to the correct recipient, and the Buyer has no right to make claims due to improper delivery of the goods.
6.3. The goods are delivered by the Seller or his authorized representative (courier).
6.4. The Seller undertakes to deliver the goods within the period specified in the product descriptions. The specified terms are preliminary and may change due to unforeseen circumstances. If the ordered goods are not in the Seller's warehouse, the Buyer is informed about this by e-mail or telephone.
6.5. The Seller is not liable for violations of the delivery terms of the goods, if they occurred due to the fault of the Buyer or circumstances beyond the Seller's control.
6.6. Upon receipt of the shipment, the Buyer must immediately check its condition. If the package of the shipment is damaged, it contains the wrong goods or their quantity is incorrect, the Buyer must inform the Seller about this.
6.7. If the Buyer notices damage to the package during delivery, he must note this in the delivery document provided by the courier or draw up a separate act in the presence of the courier. If these actions are not taken, the Seller is not responsible for possible damage to the goods caused by damage to the package.
6.8. If the Buyer does not collect the package from the courier or parcel locker, it is returned to the Seller's office (Veiverių g. 153, Kaunas). The Seller informs the Buyer about the returned package and provides the opportunity to collect it at the specified address. The package is stored at the office for no longer than 3 months. If the Buyer does not contact the Seller and does not collect the package during this period, it is disposed of. If the Buyer wishes the package to be resent, he must pay an additional shipping fee of 5 EUR.7. Exchange and Return
7.1. Within 14 working days after receiving the items the Buyer has a right to return the item(s) of adequate quality purchased in the online shop and to recover the money paid for them or replace the item(s) with another similar item of a different size, shape, colour, pattern or content.
7.2. In order to replace or return the item(s), the Buyer must notify the Seller in writing (by e-mail , indicating the returned item’s order number, name and product code) no later than in 14 working days from the delivery of the item.
7.3. Return and exchange of sold items is governed by the “Regulations on return and exchange of items” approved by order No 217 of the Minister of Economy of the Republic of Lithuania of 29 June 2001 and "Rules on item sale and delivery of service, when the agreement is concluded by communication means" approved by order No 258 of the Minister of Economy of the Republic of Lithuania of 17 August 2001.
7.4. When replacing or returning the items it is necessary to follow these conditions:
7.4.1. the replaced or returned item must be in original orderly packaging;
7.4.2. the item may not have been worn or otherwise damaged and must not have lost its merchantable value;
7.4.3. the item must be of good condition (intact labels and other markings, not dirty etc.)
7.4.4. the replaced or returned item must be of the same configuration as specified in the order;
7.4.5. when replacing or returning the items it is necessary to provide its proof of purchase, warranty receipt (if any) and the completed return document;
7.5. The Seller has the right to refuse to accept the items for return or replacement by the Buyer if the requirements for exchange and return have not been observed.
7.6. The Buyer must deliver the items for return or replacement using the postal services in the EU countries.
7.7. The returned or replaced item must be accompanied with the “Item return or replacement form” and the document confirming that it was purchased in online shop (VAT invoice).
7.8. Having received the item for return or replacement, the Seller must notify the Buyer within 15 calendar days whether the item met the criteria for return. If the returned item meets these criteria, the Seller has to replace the item or refund money paid for it.
7.9. Transportation costs of replaceable or returned items are covered by the Buyer.
7.10. If the Buyer sends items for return or replacement using a chosen courier service or a courier service indicated by the Seller, or using the postal services in the EU countries, in case of item return the money paid for the item are only refunded by transferring money to the bank account indicated in the Buyer’s item return or replacement form. The Seller assumes no responsibility for delays or failures in the return or replacement of the item if the Buyer fails to provide part or all of the data required for return.
7.11. If the item cannot be replaced due to the Seller's fault, the Seller must refund the value of the item or the price difference.8. Liability
8.1. The Buyer shall be fully responsible for the accuracy of data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller shall not be liable for resulting consequences and shall be entitled to claim for the compensation for direct damages from the Buyer.
8.2. The Buyer shall be fully responsible for his/her actions, performed after signing up the online shop.
8.3. The Buyer shall be responsible for the security of the provided registration data. If the registration data are used by the third person, she/he shall be considered as the Buyer.
8.4. The Seller shall be exempt from any liability in all cases when the loss occurs due to the fact that the Buyer, regardless of the Seller’s recommendations and his/her own commitments, failed to make himself/herself familiar with these Terms, even though such an opportunity was provided to him/her.
8.5. In case of damage, the guilty Party shall indemnify the other party for direct losses.9. Final Provisions
9.1. online shop reserves the right to amend these Terms. Additions or modifications of the Terms shall take effect from the date of their publication, i.e. from the date when they are made public in the online store.
9.2. If the Buyer does not agree to the amended Terms, the Buyer shall have the right to refuse to use the online shop services.
9.3. If after the change of the Terms the Buyer continues to use the online shop services, it shall be assumed that the Buyer agrees to the changes of the Terms.
9.4. These Terms are made in accordance with the laws of the Republic of Lithuania.
9.5. Relations arising during the use of online shop are subject to the legislation of the Republic of Lithuania.
9.6. Any disputes arising during the use of online shop as well as the enforcement of these Terms shall be settled by negotiation. If the disputes cannot be settled this way, they shall be settled according to legislation of the Republic of Lithuania.
9.7. None of the Parties shall be liable for their failure to discharge contractual obligations in part or in full, provided it takes place due to the reasons attributed to the force majeure circumstances according to the legislation of the Republic of Lithuania. A Party unable to comply with its assumed obligations because of the force majeure circumstances must immediately notify the other Party by fax or e-mail of the onset of the force majeure circumstances and their impact on the execution and termination of the Agreement. The Party failing to notify the other Party of the force majeure circumstances may not rely on these circumstances for the exemption from liability for default.
9.8. The Parties shall be guided by the Regulations on exemption from liability in case of force majeure circumstances approved by the Government of the Republic of Lithuania.
9.9. Upon the expiration of the force majeure circumstances, the Parties must resume and fulfil their obligations.
