Terms and conditions | Gigabyteshop.lt

This is a translation of the Lithuanian original. In case of any discrepancy, the Lithuanian version prevails.

Gigabyteshop.lt – General terms and conditions of online sale

1. Definitions
1.1. The general terms and conditions of online sale of gigabyteshop.lt (the Terms) are the general conditions of the sales contract that set out the rights and obligations of the Buyer and the Seller, the terms of purchase and payment, the procedure for delivery and return of goods, the liability of the parties and other provisions related to the purchase and sale of goods in the gigabyteshop.lt online shop.
1.2. The gigabyteshop.lt online shop is an electronic shop on the website where the Buyer can buy goods offered by the Seller.
1.3. The Seller is UAB "SEDUM KOMPIUTERIAI", established under the laws of the Republic of Lithuania, legal entity code 135785469, registered office Jurbarko g. 2A, Kaunas, Republic of Lithuania, customer service line +37062040440, email shop@gigabyteshop.lt, website https://gigabyteshop.lt/
1.4. The Buyer is a person meeting the requirements of clause 2.2 of these Terms who has purchased goods in the online shop at https://gigabyteshop.lt.
1.5. The Sales Contract is the contract for the sale of goods concluded between the Buyer and the Seller, consisting of the order submitted by the Buyer and these Terms, as amended and supplemented.

2. General provisions
2.1. Under this Sales Contract, the Seller undertakes to sell and deliver goods to the Buyer, and the Buyer undertakes to accept the goods, pay the set price and reimburse the delivery costs under the conditions set out in this Contract.
2.2. The following have the right to buy in the online shop:
2.2.1. natural persons with full legal capacity, i.e. persons aged 18 or over whose legal capacity has not been restricted by a court;
2.2.2. minors aged fourteen to eighteen, only with the consent of their parents or guardians, unless they independently dispose of their own income;
2.2.3. legal entities.
2.3. Trading activity in the online shop is carried out only in the Republic of Lithuania.

3. Rights of the Buyer
3.1. The Buyer has the right to buy goods in the online shop in accordance with these Terms and the procedure established by the online shop.
3.2. The Buyer has the right to withdraw from a Sales Contract concluded in the online shop by notifying the Seller in writing no later than within 7 (seven) business days from the day of delivery, except where the contract concerns:
3.2.1. the supply of audio and video works and phonograms on any audio or video media, or computer software, and the Buyer has broken the packaging seals;
3.3. To exercise the right under clause 3.2 of these Terms, the Buyer must submit a request to the Seller by email stating the item to be returned and its order number. This right is exercised in accordance with the Rules on the Sale of Goods and Provision of Services under Contracts Concluded by Means of Communication, approved by Order No. 258 of the Minister of Economy of 17 August 2001.
3.4. The Buyer may exercise the right under clause 3.2 only if the item has not been damaged, its appearance has not substantially changed and it has not been used.

4. Obligations of the Buyer
4.1. The Buyer must pay for and accept the goods in accordance with these Terms.
4.2. The Buyer undertakes not to disclose their login details to third parties. If the Buyer loses their login details, they must inform the Seller within 2 business days.
4.3. The Buyer must promptly update any changed details in the registration form.
4.4. When using the services of the online shop, the Buyer undertakes to comply with these Terms, other conditions clearly stated in the online shop and the laws of the Republic of Lithuania.

5. Rights of the Seller
5.1. The Seller may, at its discretion, set a minimum basket value, i.e. the minimum amount at which the Buyer’s order will be processed. This amount is shown in the online shop.
5.2. If the Buyer attempts to harm the stability and security of the online shop or breaches their obligations, the Seller may immediately and without notice restrict or suspend the Buyer’s access to the online shop or, in exceptional cases, cancel the Buyer’s registration.
5.3. In the event of important circumstances, the Seller may temporarily or permanently discontinue the operation of the online shop without prior notice to the Buyer.
5.4. The Seller may cancel the Buyer’s order without prior notice if the Buyer, having chosen the payment method under clauses 8.2.1 and 8.2.3 of the Terms, does not pay for the goods within 3 (three) business days.
5.5. When the Buyer chooses the payment method under clause 8.2.2 of the Terms (cash on delivery), the Seller contacts the Buyer by the phone number given in the order if there is any uncertainty about the order information. In this case the delivery period starts from the day of contact with the Buyer. The Seller may cancel the order without prior notice if it is unable to contact the Buyer within 3 (three) business days.
5.6. When the Buyer chooses the payment method under clause 8.2.4 of the Terms (leasing), the Seller contacts the Buyer by the phone number or email given in the order regarding the documents required for the leasing contract. In this case the delivery period starts from the day the documents required for the leasing contract are received and the Buyer is separately informed that the leasing company has approved the leasing contract. The Seller may cancel the order without prior notice if it is unable to contact the Buyer within 3 (three) business days or to obtain the documents required for the leasing contract within 3 (three) business days of the request.

6. Obligations of the Seller
6.1. The Seller undertakes to enable the Buyer to use the services of the online shop under the conditions set out in these Terms and in the online shop.
6.2. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions set out in clause 9 of the Terms.
6.3. If, due to important circumstances, the Seller cannot deliver the ordered item, it undertakes to offer an equivalent item or one as similar as possible in its properties. If the Buyer refuses to accept such an item, the Seller undertakes to refund the money paid within 3 (three) business days if prepayment was made.

7. Conclusion of the Sales Contract
7.1. The contract between the Buyer and the Seller is deemed concluded from the moment the Buyer, having selected the goods and created a shopping basket, confirms "I have read and agree to the general terms and conditions of online sale of gigabyteshop.lt". The order cannot be processed without this confirmation.
7.2. Each Sales Contract concluded between the Buyer and the Seller is registered and stored in the online shop database. A registered Buyer can view their purchase history after logging in to the online shop.

8. Prices, payment procedure and terms
8.1. Prices in the online shop and in the order are stated in euros including VAT.
8.2. The Buyer may pay for the goods in one of the following ways:
8.2.1. by bank transfer – prepayment, where the Buyer prints the order and, by logging in to online banking or visiting a bank branch, transfers the money to the online shop’s bank account;
8.2.2. in cash on delivery – where the Buyer pays for the goods upon delivery (handover). Cash payment is possible if the order value does not exceed 3000 EUR;
8.2.3. by online banking (in cooperation with partner paysera.lt, UAB "Paysera LT", company code 300060819) – prepayment made using the Buyer’s online banking system. For a Buyer with an online banking agreement paying this way, a payment for the order is generated in the online banking system. The Buyer transfers the money to the bank account of UAB "Paysera LT", company code 300060819;
8.2.4. in instalments – where the Buyer pays for the goods under a separately concluded leasing contract and its payment schedule. When choosing this method, the Buyer must personally accept the goods, present an identity document (passport or ID card) to the courier, provide a copy of it and sign the leasing contract presented by the courier.
8.3. When paying by the methods in clauses 8.2.1 and 8.2.3, the Buyer undertakes to pay immediately. In these cases, taking into account the Seller’s right under clause 5.4, the parcel is prepared and the delivery period starts only after payment is received.
8.4. The Seller is not responsible for the execution of payment transfers under clauses 8.2.1 and 8.2.3 and their timely crediting to the Seller’s account.

9. Delivery of goods
9.1. When ordering goods, the Buyer must specify the delivery address in the order.
9.2. The Buyer undertakes to accept the goods personally. If the Buyer cannot accept the goods personally and the goods were delivered to the specified address and according to other details provided by the Buyer, the Buyer has no right to make claims against the Seller regarding delivery to the wrong person.
9.3. Goods are delivered by the Seller or its authorised representative.
9.4. The Seller undertakes to deliver the goods within the periods stated in the product descriptions. These periods do not apply if the Seller’s warehouse does not have the required goods and the Buyer is informed of the shortage. The Buyer also agrees that, in exceptional cases, delivery may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case the Seller undertakes to contact the Buyer immediately and agree on delivery.
9.5. In all cases the Seller is released from liability for breach of delivery periods if the goods are not delivered or are delivered late due to the Buyer’s fault or circumstances depending on the Buyer.
9.6. On delivery, the Buyer receives an invoice or other delivery acceptance document together with the goods. The Buyer may receive only an electronic invoice to the email given in the order. This invoice also serves as the warranty document for the goods.
9.7. On delivery, the Buyer must check the condition of the parcel together with the Seller or its authorised representative. If the Buyer signs the invoice or other delivery acceptance document, the parcel is deemed to have been delivered in proper condition. If the Buyer notices that the packaging is damaged (crushed, wet or otherwise visibly damaged), the Buyer must note this on the invoice or other delivery acceptance document and, in the presence of the Seller or its representative, draw up a free-form damage report. If the Buyer fails to do so, the Seller is released from liability to the Buyer for damage to the goods if such damage was caused by packaging damage not noted as described above.
9.8. The delivery (transport) fee is 4 EUR per order if the order amount is less than 200 EUR. Delivery is free if the order amount is 200 EUR or more. If the Buyer withdraws from the Sales Contract under clause 3.2 of the Terms, the Buyer must pay all direct costs of sending and returning the goods to the Seller. These costs are deducted from the amount refunded to the Buyer. If the deduction does not cover the Seller’s entire claim, i.e. the Seller’s return costs exceed the value of the returned goods, the Buyer undertakes to pay the remaining amount to the Seller within 15 days.

10. Quality guarantee and shelf life
10.1. The properties of each item sold in the online shop are stated in its description on the online shop website.
10.2. The Seller is not responsible if the colour, shape or other parameters of goods shown in the online shop do not match the actual size, shape and colour of the goods due to the characteristics of the Buyer’s display.
10.3. For certain types of goods the Seller provides a quality guarantee valid for a certain period, the specific term and other conditions of which are stated in the descriptions of such goods.
10.4. Where the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided by the relevant legislation applies.
10.5. The Seller does not provide warranty service, and in each case refers the Buyer to the centre providing warranty service.
10.6. Where a shelf life is established by law for certain goods, the Seller undertakes to sell such goods so that the Buyer has a real opportunity to use them before the end of their shelf life.

11. Return and exchange of goods
11.1. Defects of goods sold are remedied and defective goods are exchanged or returned in accordance with the Rules for the Return and Exchange of Goods approved by Order No. 217 of the Minister of Economy of 29 June 2001.
11.2. To return goods in the cases specified in clause 11.1, the Buyer must complete a returns document, which is sent to the Buyer by email on request, and submit it together with the returned goods.
11.3. The Buyer may exercise the right under clause 3.2 within 7 (seven) business days from delivery by informing the Seller as set out in clause 3.2.
11.4. Money for returned goods is refunded by bank transfer to the account specified by the Buyer within 3 business days.
11.5. When returning goods, the Buyer must observe the following conditions:
11.5.1. the returned item must be in its original, undamaged packaging;
11.5.2. the item must not have been damaged by the Buyer;
11.5.3. the item must not have lost its commercial appearance (labels intact, protective films not removed, etc.) (this does not apply when returning a defective item);
11.5.4. the returned item must be complete as received by the Buyer;
11.5.5. the purchase document, warranty card (if issued) and the completed returns document referred to in clause 11.2 must be provided.
11.6. The Seller may refuse to accept returned goods if the Buyer does not follow the return procedure set out in this section.
11.7. The following goods cannot be returned (this does not apply when returning a defective item):
11.7.1. perfumery, cosmetics and toilet preparations (Combined Nomenclature codes 33.03–33.07);
11.7.2. photographic and cinematographic goods (Combined Nomenclature code 37.00);
11.7.3. printed books, reproductions and other printing industry products (Combined Nomenclature code 49.00);
11.7.4. machinery and mechanical appliances (Combined Nomenclature code 84.00);
11.7.5. electrical machinery and equipment, sound recorders and reproducers, television image and sound recorders and reproducers (Combined Nomenclature code 85.00);
11.7.6. optical, photographic, cinematographic, measuring, checking, medical or surgical instruments and apparatus (Combined Nomenclature code 90.00);
11.7.7. clocks and watches (Combined Nomenclature code 91.00);
11.7.8. musical instruments (Combined Nomenclature code 92.00).

12. Liability
12.1. The Buyer is responsible for the accuracy of the data provided in the order form. If company details are entered in the order form, a VAT invoice for a legal entity is automatically attached to the goods. The Buyer confirms that they are authorised by the company specified in the order to place the order, pay for and collect the goods. The Buyer confirms that all persons named in the order form are authorised by them and may make payments and collect goods on the Buyer’s behalf. If the Buyer does not provide accurate data in the registration form, the Seller is not liable for the resulting consequences.
12.2. The Buyer is responsible for actions performed using the online shop system.
12.3. The Buyer is responsible for disclosing their login details to third parties. If a third party uses the services of the online shop by logging in with the Buyer’s login details, the Seller considers that person to be the Buyer.
12.4. The Seller is released from any liability where losses arise because the Buyer, disregarding the Seller’s recommendations and their own obligations, did not read these Terms even though they had the opportunity to do so.
12.5. If the online shop contains links to websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information or activities on those websites, does not maintain or control them and does not represent those companies or persons.
12.6. In the event of damage, the party at fault compensates the other party for direct losses.

13. Personal data protection
13.1. The Buyer agrees that the Seller may obtain, verify and otherwise process the personal data provided for the purposes of identification, verification of personal data, direct marketing and the protection and defence of the Buyer’s rights and legitimate interests.
13.2. Personal data obtained and processed by the Seller: name, surname, actual residential address, telephone number, mobile phone number, payment history and other data, as well as other information related to the listed data.
13.3. The Buyer confirms that they have had the opportunity to read the personal data processing conditions and have the following rights:
13.3.1. to access their data and check how it is processed, and to request the correction of incorrect or inaccurate personal data;
13.3.2. to object to the processing of their personal data for direct marketing purposes.
13.4. The Buyer may submit requests to correct or destroy personal data or to suspend processing in writing or in person at the specified addresses.
13.5. The Seller undertakes to ensure the security of the Buyer’s personal data and to implement appropriate technical and organisational measures to protect personal data against unlawful destruction and/or accidental alteration, disclosure and any other unlawful processing. All employees and representatives of the Seller undertake to protect the Buyer’s personal data.
13.6. The Buyer confirms that they have been informed of their right, upon confirming their identity, to access their personal data and how it is processed, i.e. to receive information on the sources and types of personal data collected, the purpose of processing and the recipients; to request the correction or destruction of their personal data or the suspension of processing (except storage) where data is processed in breach of the Law on Legal Protection of Personal Data of the Republic of Lithuania or other laws; to object, without giving reasons, to the processing of their personal data for direct marketing purposes; and to object, giving reasons, to the processing of their personal data on the basis of a legitimate interest pursued by the Seller or a third party to whom the data is provided.

14. Final provisions
14.1. All notices from one Party to the other must be in writing. The Parties agree that notices sent to the other Party by email are equivalent to written notices. A notice sent by email is deemed received 96 hours after it was sent.
14.2. The Seller reserves the right to change, correct or supplement the Terms at any time, taking into account legal requirements. A registered Buyer will be informed of any changes when logging in to the online shop and, in order to shop, will have to accept the modified Terms again.
14.3. By registering in the online shop, the Buyer agrees to the processing of their personal data for direct marketing purposes. The Buyer may at any time, without giving reasons, object to the Seller processing their personal data for direct marketing. The Buyer expresses consent or objection in writing by email, stating their name and surname.
14.4. The parties will seek to resolve disputes related to the Contract by negotiation. If no agreement is reached, disputes are resolved in the courts of the Republic of Lithuania in accordance with the law of the Republic of Lithuania.