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E-SHOP INFORMATION
- Prices shown on www.https://mototex.lt/en/ may not be the same as the prices at DVIRTEX stores in Kaunas: Raudondvario pl. 99, Pramonės pr. 30.
- Each item is accompanied by the Seller's stock balance. This information is indicative information about the stock of the goods, which may change during the execution of the order and does not guarantee that the goods will be in the Seller's stock at the time of execution of the order.
- The assortment and quantity of goods presented in the online store may not coincide with the assortment and quantity of goods available in DVIRTEX stores in Kaunas: Raudondvario pl. 99.
- Goods ordered from the e-shop, which can be picked up at the DVIRTEX store in Kaunas, Raudondvario pl. 99 we deliver to the stores within 1-2 working days from the payment of the order, in case of cash payment - within 1-2 working days from the placing of the order. Delivery to DVIRTEX stores is free of charge.
1. General provisions
1.1. These Terms and Conditions of Purchase and Sale of Goods (hereinafter referred to as the "Terms and Conditions"), subject to the Buyer's acceptance (by reading the Terms and Conditions and ticking the box next to the statement "I have read and accept the Mototex.lt Terms and Conditions"), shall constitute a binding legal document for the parties, which shall determine the Buyer's and the Seller's rights and obligations, the conditions of purchase of the Goods and the conditions of payment for the Goods, the procedure for delivery and return of the Goods, the parties' liability and any other provisions relating to the purchase of Goods in the Mototex.lt online store.
1.2. The Seller reserves the right to change, amend or supplement the Terms and Conditions at any time, taking into account the statutory requirements. The Buyer will be informed of any changes, corrections or additions at the time of logging in to the Mototex.lt website and, in order to make purchases in this online store, will be obliged to re-accept the modified Terms and Conditions.
1.3. The following persons are entitled to make purchases in our online shop:
1.3.1. able-bodied natural persons, t.y. persons who have reached the age of majority and whose legal capacity has not been restricted by a court order;
1.3.2. minors between the ages of fourteen and eighteen, only with the consent of their parents or legal guardians, unless they are independently disposing of their own income;
1.3.3. legal persons;
1.3.4. authorised representatives of all the above-mentioned persons.
1.4. By accepting the Terms and Conditions, the Buyer confirms that, in accordance with paragraph 1.4. of the Terms and Conditions, he/she has the right to purchase goods in the Mototex.lt online shop.
1.6. By accepting the Terms and Conditions, the Buyer confirms that he/she agrees that the instructions for the item(s) ordered by him/her in the Lithuanian language may, at the discretion of the Seller and subject to technical feasibility, be made available to the Buyer's e-mail address indicated by the Buyer only in the manner provided for in point 2.2. of the Terms and Conditions, by sending the Buyer an active link to such information at the time of the preparation of the item(s) ordered.
2. Protection of personal data
2.1. The Buyer can order goods in the online shop Mototex.lt in two ways:
2.1.1. by registering on this website, entering his/her registration name and password;
2.1.2. without registering on this website.
2.2. When ordering goods both at 2.1.1. and 2.1.2., the Buyer shall, in the relevant fields provided by the Seller, indicate the personal data necessary for the proper execution of the order: name, surname, delivery address, telephone number and e-mail address, and may also indicate his/her gender and age. 2.3. By accepting these Terms and Conditions, the Buyer agrees that his/her personal data referred to in 2.2. will be processed for the purpose of selling goods and services in the Mototex.lt e-shop, for the purpose of analysis of the Seller's activity and for the purpose of direct marketing, and agrees to disclose his/her personal data, such as his/her first name, last name, delivery address, telephone number and e-mail address, to the Seller's partners (data processors) providing delivery services or any other services connected with the proper execution of the Buyer's order.
2.4. By consenting to the processing of his/her personal data for the purpose of the sale of goods and services in the Seller's online shop, the Buyer also consents to the sending of information messages to the e-mail address and telephone number he/she has provided for the purpose of the fulfilment of the order.
2.5. If the Buyer does not wish to have his/her e-mail address processed for the purpose of direct marketing, he/she must go to the "Mototex.lt Account" section under "My details", uncheck the box next to the statement "News by e-mail" and click on the "Update" link. If the Buyer does not wish his/her telephone number to be processed for direct marketing purposes, he/she must inform the Seller in accordance with the procedure provided for in point 2.1.1. of the Rules.
2.6. The Seller confirms that the personal data provided by the Buyer will be processed only for the purpose of selling goods and services in the Mototex.lt e-shop, analysis of the Seller's activity and direct marketing (unless the Buyer informs that he/she does not want his/her personal data to be processed for the purpose of direct marketing in the manner specified in Clause 2.5 of the Rules). The Seller undertakes not to disclose the Buyer's personal data to third parties other than the Seller's partners providing delivery or other services related to the proper execution of the Buyer's order. In all other cases, the Buyer's personal data may be disclosed to third parties only in accordance with the procedure provided for by the legislation of the Republic of Lithuania.
2.7. The Buyer as a data subject has the following rights:
2.7.1. to receive from the Seller information about the processing of his personal data, t.y. access to his personal data and how they are processed, to receive information from what sources and what his personal data are collected, for what purpose they are processed, to what recipients they are provided and have been for at least the last 1 (one) year;
2.7.2. to request the rectification or destruction of his/her personal data or the suspension, with the exception of storage, of the processing of his/her personal data where the processing is not in accordance with the provisions of the Law on the Legal Protection of Personal Data and of other laws;
2.7.3. to object to the processing of his/her personal data.
2.8. Pursuant to the clauses of the Rules 9.3.3. and 9.4.3., the Buyer's identity document and the Buyer's data contained therein provided to the Seller's or Lithuanian Post's employee shall only be used for the purpose of proper identification of the Buyer.
2.9. The Buyer wishing to order services of partners offered by the Seller's online shop may do so by consenting to the transfer of his/her personal data explicitly indicated to the relevant partner (data recipient) for the purpose of providing the services ordered.
2.10. In order to provide the Buyer with the full range of services of the Mototex.lt online shop, the Seller stores information on the Buyer's computer (device) in the form of cookies. The Seller uses the recorded information to identify the Buyer as a previous visitor to the Mototex.lt online store, to store information about purchases placed in the Buyer's shopping cart, and to collect website traffic statistics. The Buyer has the possibility to view what information (cookies) the Seller records and can delete some or all of the cookies recorded. The Buyer also has the right to object to the recording and use of information (cookies) on his/her computer (device), but in this case certain functions of the Mototex.lt online shop may not be available to him/her. By accepting the Terms and Conditions, the Customer agrees to the recording of information on his/her computer (device). The Buyer may revoke this consent at any time by changing the settings of his/her web browser or by contacting the Seller at the contacts indicated in the Mototex.lt online shop.
2.11. Any request or instruction related to the processing of personal data must be submitted by the Buyer to the Seller in writing in one of the following ways: by delivering such request or instruction directly to the Seller at the address Raudondvario pl. 99, K, LT-50363 Kaunas, by sending such request or instruction by post to the address specified in this Clause of the Rules or by e-mail to info@mototex.lt from the e-mail address specified in Clause 2.2. of the Rules. Upon receipt of such request or instruction from the Buyer, the Seller shall provide the Buyer with a written response within 30 (thirty) calendar days at the latest.
2.12. If the Buyer does not agree with the provisions of the Personal Data Protection set out in this section of the Terms and Conditions, the Buyer shall lose the right to use the services provided by the online shop Mototex.lt.
3. Moment of conclusion of the contract of sale and purchase
3.1. The contract between the Buyer and the Seller shall be deemed to be concluded from the moment when the Buyer, having selected the product(s) to be purchased and having created a shopping cart, clicks on the "Confirm Order" link.
3.2. Each contract of sale concluded between the Buyer and the Seller shall be registered and stored in the Mototex.lt online shop database.
4. Buyer's rights
4.1. The Buyer shall have the right to purchase goods in Mototex.lt online store in accordance with the procedure set out in these Terms and Conditions and other information sections of the Seller's online store.
4.2. The Buyer shall have the right to withdraw from the contract of sale and purchase of goods concluded with Mototex.lt online shop by notifying the Seller in writing (by e-mail, indicating the product to be returned and the order number) not later than within 7 (seven) working days from the date of delivery/collection of the item, except for the cases when the contract has been concluded in respect of:
4.2.1. audio and/or video recordings (phonograms, audiovisual recordings, etc.)
4.2.2.laikra the supply of books, magazines or other periodicals;
4.2.3. the sale of cosmetics and perfumery, hygiene products;
4.2.4. the sale of gift vouchers;
4.2.5. goods which have been made to the Buyer's individual order or which are obviously tailored to the Buyer's needs, or which, by their nature, cannot be returned to the Buyer after they have been delivered to the Buyer due to loss of merchantability, perishability or expiry.
4.3. The Buyer's right provided for in point 4.2. of the Rules shall be exercised in accordance with the Rules on the Sale of Goods and the Provision of Services when Contracts are Concluded by Means of Communication, approved by the Minister of the Economy by Order No 258 of 17 August 2001.
4.4. The Buyer may exercise the right provided for in point 4.2 of the Rules only if the goods have not been damaged or substantially altered in appearance and have not been used.
4.5. In the event that the Buyer purchases a set of goods in the Mototex.lt online store and, in accordance with the right provided for in clause 4.2. of the Regulations, wishes to withdraw from the contract of sale with respect to the particular item(s), he/she shall be obliged to return to the Seller the entire set of goods, in which case t.y. the Buyer may only exercise the right provided for in clause 4.2. of the Regulations in respect of all the items included in the set. In the event that any of the goods in the set does not meet the requirements set out in Clause 11.4 of the Terms and Conditions, the Seller shall have the right to refuse to accept the returned set of goods.
5. Obligations of the Buyer
5.1. The Buyer shall pay for and accept the Goods in accordance with these Conditions.
5.2. Once registered, the Buyer undertakes not to disclose his/her login details to third parties. If the Buyer loses his/her login details, he/she must immediately inform the Seller using the means of contact indicated in the "Contact" section.
5.3. If the data provided by the registered Buyer in the registration form changes, the Buyer must update them immediately.
5.4. By using the Mototex.lt online shop, the Buyer undertakes to comply with these Terms and Conditions, other terms and conditions expressly indicated in the online shop, and not to violate the legislation of the Republic of Lithuania.
6. Seller's rights
6.1. The Seller shall have the right to determine, at its sole discretion, the minimum basket size, t.y. the minimum amount at which the Buyer's order will be processed. This amount is visible when viewing the shopping cart.
6.2. If the Buyer attempts to undermine the stability and security of the online shop or violates his/her obligations, the Seller shall have the right to restrict or suspend the Buyer's access to the online shop or, in exceptional cases, to cancel the Buyer's registration, immediately and without notice.
6.3. In the event of important circumstances, the Seller may temporarily or permanently suspend the operation of the Online Shop without prior notice to the Buyer.
6.4. The Seller shall have the right to cancel the Buyer's order without prior notice if the Buyer, having chosen the payment methods provided for in clauses 8.2.1. or 8.2.2. of the Terms and Conditions, fails to pay for the Goods within 3 (three) working days.
6.5. Where the Buyer chooses the method of payment provided for in clause 8.2.4. of the Regulations - cash at the time of delivery of the goods, the Seller shall contact the Buyer by telephone in the event of any uncertainty regarding the information provided in the order. In such a case, the delivery period shall commence from the date of contact with the Buyer. The Seller shall have the right to cancel the Buyer's order without prior notice to the Buyer if the Seller is unable to contact the Buyer within 3 (three) working days.
7. Obligations of the Seller
7.1. The Seller undertakes to enable the Buyer to use the services provided by the Mototex.lt online shop under the terms and conditions set out in these Terms and Conditions and in the online shop.
7.2. The Seller undertakes to respect the Buyer's right to privacy of personal information belonging to him/her, to process the personal data specified by the Buyer on t.y. only in accordance with the procedure set out in Section 2 of the Terms and Conditions and the legislation of the Republic of Lithuania.
7.3. The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer in accordance with the conditions set out in Section 9 of the Terms and Conditions.
7.4. If the Seller is unable to deliver the goods ordered to the Buyer due to important circumstances, the Seller undertakes to offer an analogous or, as far as possible, similar product. If the Buyer refuses to accept an analogous or most similar product, the Seller undertakes to refund the money paid by the Buyer, provided that prepayment has been made.
7.5. If the Buyer exercises the right provided for in Clause 4.2. of the Regulations and under the condition provided for in Clause 4.4. of the Regulations, the Seller undertakes to reimburse the Buyer within 10 (ten) working days from the date of receipt of the returned goods.
8. Prices, payment procedures and terms
8.1. The prices of the goods in the online shop and in the order form are quoted in euros including VAT.
8.2. The Buyer shall pay for the Goods in one of the following ways:
8.2.1. Payment by electronic banking means prepayment using the electronic banking system used by the Buyer. In order to use this form of payment, the Buyer must have signed an e-banking agreement with one of the banks listed below: Swedbank AB, LUMINOR BANK AB, SEB bankas AB, Citadele bankas AB, Ūkio bankas AB, Danske Bank, Nordea bankas AB and Šiaulių bankas AB. When paying for the goods in this way, the Buyer shall receive a payment generated in the electronic banking system in accordance with the order paid by him. The Buyer shall transfer the money to the Mototex.lt online shop account in the respective bank of his choice. The responsibility for data security in this case lies with the respective bank, since all monetary transactions take place in the bank's electronic banking system.
8.2.2. Payment by bank transfer is a prepayment where the Buyer, after printing the order and going to the nearest bank branch, transfers the money to the Mototex.lt bank account.
8.2.3. Payment in cash at the time of delivery/collection - the Buyer shall pay for the goods at the time of delivery/collection (handover - acceptance). In case of delivery by courier and payment in cash, there is a 2€ cash acceptance fee.
8.2.4. Payment by means of the consumer credit contract service provided by leasing companies is a method of payment where the Buyer (natural person) and the leasing company enter into an agreement for financing the purchase of goods in the Seller's online shop.
The Seller shall not be liable for the content of the consumer credit contract concluded between the leasing company and the Buyer, nor for the performance of the obligations arising between the leasing company and the Buyer on the basis of the consumer credit contract. The Buyer shall be responsible for the accuracy of the data provided by the Buyer in the electronic application for consumer credit.
8.3. The Buyer undertakes to pay promptly by the payment methods provided for in points 8.2.1., 8.2.2. and 8.2.3.. In the aforementioned cases, subject to the Seller's right provided for in point 6.4. of the Regulations, only after payment for the Goods has been received shall the parcel of Goods begin to be formed and the time limit for the delivery of the Goods begin to run.
8.4. By accepting the Terms and Conditions, the Buyer agrees that the documents of purchase of the Goods, i.e. the VAT invoices, which are also the guarantee vouchers for the Goods, shall be submitted to him electronically to the e-mail address indicated in the Buyer's registration form. The Seller shall also place the VAT invoices of the goods purchased by the Buyer on Mototex.lt in the section "Mototex.lt Account". The VAT invoices in the above-mentioned form shall be submitted to the Buyer at the latest before the goods are handed over to him. Once the Buyer has placed an order, he can see and print the order sheet - the pre-paid invoice - in the "Mototex.lt Account" section. The invoices indicate the selected goods, their quantity, the discounts to be granted, the final price of the goods, including all taxes, delivery charges, the administration fee referred to in point 8.6. of the Rules and other data required to be provided in accordance with the legislation on accounting.
8.5. The Buyer and the Seller agree that once the Buyer has placed an order for the goods and the Seller has confirmed it, the price of the goods may change, taking into account objective indicators affecting the price of the goods, such as an increase in the cost of the goods, technical errors in information systems, additional costs related to the sale of the goods to the Buyer (Art. 6.313, para. 7 of the Civil Code). If the Buyer does not agree to purchase the goods at the new price in such a case, either Party shall have the right to terminate the contract for the sale of the goods upon notice to the other Party. The Parties agree that any loss arising from the termination of the sale and purchase agreement in accordance with the procedure set out in this clause shall not be compensated.
9. Delivery of the goods
9.1. When ordering the Goods, the Buyer may choose the method of delivery of the Goods, t.y. to use the Seller's delivery service or collect the Goods at the DVIRTEX store in Kaunas, Raudondvario pl. 99
9.2. Delivery of the Goods to the Buyer:
9.2.1. The Buyer, having chosen the delivery service at the time of ordering, undertakes to specify the exact place of delivery of the Goods.
9.2.2. The Buyer undertakes to accept the goods himself. In the event that the Buyer is unable to take delivery of the goods himself and the goods have been delivered to the address indicated and on the basis of the other data provided by the Buyer, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the goods to the wrong entity.
9.2.3. The goods shall be delivered by the Seller or his authorised representative.
9.2.4. The Seller shall determine the delivery/transportation charge. It shall be specified in the order.
10. Guarantee of the quality of the Goods and the period of fitness for use
10.1. The characteristics of each product sold by Mototex.lt are generally specified in the product description attached to each product.
10.2. The Seller shall not be liable for the fact that the colour, shape or other parameters of the goods in the online shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the display used by the Buyer.
10.3. The Seller grants a guarantee of the quality of the goods for a certain period of time for certain types of goods, the specific term and other conditions of which shall be specified in the descriptions of such goods.
10.4. In the event that the Seller does not provide a guarantee of the quality of the goods for certain types of goods, the guarantee provided for by the relevant legislation shall apply.
10.5. The Seller does not provide after-sales service for the goods, referring the Buyer on a case-by-case basis to the centre providing after-sales service.
10.6. Information contained in information carriers is not covered by the warranty. Costs for data loss or restoration are not covered.
10.7. In cases where, in accordance with legislation, 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 realistic opportunity to make use of them before the expiry of their shelf life.
10.8. More detailed information regarding the warranty conditions of the goods is available in the "Returns/Warranties" section of the Online Shop.
11. Returning and exchanging goods
11.1. The defects of the goods sold shall be eliminated, the defective goods shall be replaced and returned in accordance with the Rules for the Return and Replacement of Goods approved by the Order of the Minister of Economy No 217 of 29 June 2001 "On the Approval of the Rules for the Return and Replacement of Goods".
11.2. In order to return the item(s) to 11.1. in the cases referred to in the paragraph of the Rules, the Buyer must fill in the return document which is attached to the goods ordered by the Buyer and submit it together with the returned item(s).
11.3. 11.1. The Buyer may exercise the right provided for in the Clause within 7 (seven) working days from the date of delivery of the goods to him by informing the Seller at 4.2. in accordance with the procedure provided for in the Clause.
11.4. When returning the goods to the Buyer, the following conditions must be complied with:
11.4.1. the returned goods must be in the original packaging in good condition (this point does not apply in the case of returning low-quality goods);
11.4.2. the goods must be intact and undamaged by the Buyer;
11.4.3. the goods must be unused, without loss of merchandise appearance (intact labels, without tearing of the protective film, etc.)
11.4.4. the returned goods must be in the same condition as when received by the Buyer;
11.4.5. when returning the goods, it is necessary to present the document of purchase, the warranty card (if issued) and the completed return document referred to in 11.2. in accordance with the point of the Rules.
11.5. The Seller shall have the right not to accept the Buyer's returns if the Buyer does not comply with the return procedure set out in this Article.
11.6. The Buyer may deliver the returned goods himself to the address Pramonės g. 30, Kaunas, Raudondvario pl. 99, Kaunas on weekdays during store opening hours or send it using the courier service of your choice. In the event that the goods are returned in accordance with the right provided for in point 4.2., the Buyer shall bear the costs of returning the goods. In the event of a return of the wrong goods and/or goods of poor quality, the Seller undertakes to collect such goods and replace them with similar suitable goods. In the event that the Seller does not have analogous goods, the Seller shall refund the money paid for the goods(s) to the Buyer.
11.7. The return and exchange of goods shall be carried out in accordance with the 'Rules for the Return and Exchange of Goods', approved by Order No 217 of the Minister of the Economy of 29 June 2001, and the 'Rules for the Sale of Goods and the Provision of Services when Contracts are Concluded by Means of Communication' approved by Order No 258 of the Minister of the Economy of 17 August 2001.
11.8. In all cases, money for returned goods shall be paid by payment order and only to the payer's bank account.
12. Responsibility
12.1. The Buyer is fully responsible for the correctness of the personal data he provides. If the Buyer fails to provide accurate personal data, the Seller shall not be liable for the consequences arising therefrom and shall be entitled to claim direct damages from the Buyer.
12.2. The Buyer shall be liable for the actions carried out using this online shop.
12.3. Once registered, the Buyer is liable for the transmission of his/her login data to third parties. If the services provided by Mototex.lt are used by a third party who has logged into the online shop using the Buyer's login data, the Seller shall consider this person as the Buyer.
12.4. The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer's failure to read these Terms and Conditions, despite having been given the opportunity to do so, without taking into account the Seller's recommendations and his obligations.
12.5. If the Seller's online shop contains links to the websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information or activities contained therein and does not maintain, control or represent such companies and persons.
12.6. The Seller shall not be liable for the proper performance of the obligations between the Buyer and the Seller's partners whose services the Buyer orders.
12.7. In the event of damage, the party at fault shall indemnify the other party against direct damages.
13. Marketing measures by the Seller
13.1. The Seller may, at its sole discretion, initiate various promotions on the Mototex.lt online shop.
13.2. The Seller has the right to unilaterally, without prior notice, modify the conditions of the promotions, as well as to cancel them. Any changes or cancellation of promotional terms and conditions shall only be effective for the future, t.y. from the moment of their execution.
14. Exchange of information
14.1. The Seller shall send all notices in accordance with the procedure set out in clause 2.2. of the Terms and Conditions to the email address provided by the Buyer.
14.2. The Buyer shall send all notifications and questions to the means of contact indicated in the "Contact" section of the Seller's online shop.
15. Final provisions
15.1. These Terms and Conditions are made in accordance with the legislation of the Republic of Lithuania.
15.2. The relations arising from these Rules shall be governed by the law of the Republic of Lithuania.
15.3. All disagreements arising from the execution of these Rules shall be settled by negotiation. In the event of failure to reach an agreement, disputes shall be settled in accordance with the procedure laid down by the laws of the Republic of Lithuania.