Terms of service
TERMS OF SERVICE
TERMS AND DEFINITIONS
Kokybiškai ir laiku MB (hereinafter referred to as ‘Daboti‘ or the ‘Seller’), a small partnership established and operating according to the Lithuanian law, entity number 305864158, registration address V. Nagevičiaus g. 3, 08237 Vilnius, data on the entity are collected and stored in the Register of Legal Entities of the Republic of Lithuania.
Buyer – the person buying goods or services at the Store or using the Store.
Online Store – Daboti online store operating at www.daboti.lt.
Contract – the contract for the sale of goods concluded by and between the Buyer and the Seller in accordance with Terms of service.
Rules – these terms of services that establish rights and obligations of the Seller and the Buyer, the terms of buying and paying for the goods and services offered by the Seller, the terms of delivery and return of the goods and services, liabilities of the parties and other relevant terms and conditions.
These Rules shall be a binding legal document that establishes mutual obligations, rights and liability of the Buyer and the Seller as well as other provisions related to the sale and purchase of the goods and services offered by the Seller on the Online Store.
The Buyer may purchase the goods and services on the Online Store subject to agreement to the Rules. By confirming that the Buyer has read the Rules, the Buyer undertakes to comply therewith. By purchasing goods and services on the Online Store, the Buyer gives his consent to the application of the Rules and confirms understanding thereof. If the Buyer has not read and/or has not understood the Rules or does not agree to them, the Buyer may not buy goods and services on the Online Store.
Trading on the Online Store shall be conducted from the territory of the Republic of Lithuania. The Seller shall have the right to amend the Rules. The amendments shall enter into effect after they are published on the Online Store. If the Buyer continues using the Online Store in any way after publication of the amendments, it shall be deemed that the Buyer agrees to all the amendments to the Rules.
The current version of the Rules can be viewed here.
For the purposes of the Rules, the term goods refers to both goods and services unless it is explicitly stated otherwise or the context otherwise requires.
CONCLUSION OF A CONTRACT FOR THE SALE OF GOODS
In order to buy goods on the Online Store, the Buyer shall place an order by completing an online order form.
Prior to conclusion of the Contract the Seller may send to the Buyer other interim confirmations, e. g. a confirmation of receipt of payment etc. The Contract shall remain in effect until complete fulfilment of obligations thereunder.
Performance of the Contract shall be deemed to be completed after the goods have been transferred to the Buyer according to the Rules and the procedure prescribed by the Lithuanian law.
The Seller shall have the right to refuse to confirm an order placed by the Buyer if the Buyer has not met all the conditions for ordering, the goods selected by the Buyer are not available, the Buyer has not confirmed his consent to the Rules, the Buyer, in the Seller‘s opinion, is a wholesaler, and/or for any other reason that can be indicated to the Buyer. A purchase may be recognised made for a wholesale purposes, at the Seller‘s discretion, if unusually large quantities of goods are ordered, the orders are unusually frequent, or in other cases where, in the Seller‘s view, the goods are ordered for purposes other than consumption.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer shall have the right to:
renounce the Contract for the purchase on the Online Store by notifying this to the Seller in writing no later than within 14 (fourteen) days according to a procedure prescribed by the Civil Code and these Rules;
return and/or exchange goods of poor quality and/or incomplete goods and make use of the warranties applied to the goods;
The Buyer shall:
pay the price for the goods and delivery costs thereof, make other payments (if any other payments were specified at conclusion of the Contract), and accept the delivery of the goods;
at acceptance of the goods, inspect and check them, and inform the Seller, according to a procedure prescribed by the Rules, about any damage to the parcel, clearly visible defects of the goods, and any non-compliance with the order in terms of the model and completion of the goods;
check the quality of the goods and inform the Seller (tel. +370 624 05 460 or email: firstname.lastname@example.org) about any defects of the goods that were impossible to notice at acceptance of the goods;
on selection of delivery method ‘Collection in person’ and on agreement on the date and time of collection with the Seller, collect the goods without delay; on selection of the goods delivery service or other services offered by the Seller, enable the provision of such services and settle up with the Seller therefor;
on selection of the post machine delivery service, specify, after payment for the goods, a post machine most suitable for the Buyer;
pay for the return of the goods if return costs are borne by the Buyer;
update information without delay if the Buyer’s details specified at placement of the order have changed;
not use the Online Store in any way which could pose a threat to proper functioning, security and integrity of the Online Store or would restrict other person’s ability to use it;
comply with other requirements set forth in the Rules and laid down in legal acts of the Republic of Lithuania.
RIGHTS AND OBLIGATIONS OF THE SELLER
The Seller shall have the right to:
restrict or suspend, without a prior warning, the Buyer’s right to use the Online Store if the Buyer is trying to hinder operation and stable functioning of the Online Store and/or is in breach of the Buyer’s obligations; the Seller shall not be liable for any losses of the Buyer incurred in connection therewith;
restrict or ban purchases on wholesale basis;
terminate the Online Store’s operation temporarily or completely, change the Online Store or any part thereof or its content in full or in part, restrict purchases made on the Online Store, change the IP address of the Online Store without giving prior notice to the Buyer; the Seller shall not be liable for any adverse consequences arising for the Buyer from such actions;
The Seller shall:
If the Seller is unable to deliver the goods ordered, the Seller shall refund to the Buyer the amount paid for such goods or the order as a whole within 5 (five) working days.
PRICES AND TERMS OF PAYMENT
The Goods shall be sold to the Buyer at prices valid as of the placement of the order. The price for the goods and the amount payable shall be shown to the Buyer after generation of the basket and selection of the goods delivery/collection method. If the Buyer does not agree with the price shown, the Buyer cannot continue the ordering procedure and order the goods.
The price of the goods shall not include the goods delivery price and the price for the services that the Buyer may order from the Seller. Unless stated otherwise, the goods shall be delivered and other services shall be provided at a charge.
The goods bought on the Online Store shall be prepaid by the Buyer. Payment shall be made by one of the methods specified on the Online Store or by another method on agreement with the Seller.
The goods’ purchase documentation including the order details and the invoice shall be sent to the Buyer automatically via email to the address provided by the Buyer.
If the Seller detects a mistake in the price of goods on the Online Store, the Seller shall notify the Buyer without delay. In such a case the Buyer may either cancel the order or repeat the order at the right price.
DELIVERY OF THE GOODS
The Goods shall be delivered to addresses in Lithuania, other European Union Member States and other countries that are served by the delivery service providers chosen by the Seller. Possible goods delivery methods shall be specified after the Buyer generates a basket on the Online Store and specifies the address of delivery. On selection of delivery to a post machine, the Buyer shall specify, after payment for the goods, a locker that is most suitable for the Buyer. If the Buyer does not specify the most suitable post machine to the Seller after payment for the goods, the Seller shall choose the post machine at its own discretion.
The goods delivery service shall be provided at a charge. Delivery prices shall be specified after the Buyer generates the basket and after automatic calculation of the delivery charge based on the weight and size of the basket and delivery method and address.
After the Buyer selects the goods delivery service, the delivery charge shall be shown at the end of the order prior to selecting the payment method and/or making the payment. The good delivery charge shall be paid in advance together with the payment for the goods.
The goods are usually shipped to the Buyer within 2 (two) working days after confirmation of the order. The exact goods delivery date and time can be notified to the Buyer by a method set by the delivery service provider, using the Buyer’s contact details provided.
The Buyer may also be informed about a different date and time of dispatch or delivery of the goods, either individually or as general information.
The Seller shall not guarantee and shall not be liable for the delivery within the time limit specified in the Rules and/or elsewhere on the Online Store or specified to the Buyer on an individual basis. The Seller shall make every effort to deliver the goods as soon as possible.
By ordering the goods delivery service, the Buyer shall specify the exact address for the delivery of the goods, telephone number and email address.
After delivery of the goods to the address specified by the Buyer it shall be deemed that the goods have been transferred to the Buyer irrespective of whether the goods were accepted, at the specified address, by the Buyer or any other person. In the case if the Buyer is unable to collect the goods himself and the goods were delivered to the specified address, the Buyer shall not have the right to make claims against the Seller regarding delivery of the goods to a wrong recipient.
The Seller shall be released from liability for a failure to comply with the goods delivery time limits if the goods are not delivered to the Buyer, or are delivered late due to the Buyer’s fault or for reasons within the Buyer’s control.
The Seller shall not be liable for a delay by the delivery service providers or incorrect delivery, or failure to deliver by such service providers.
COLLECTION AND STORAGE OF THE GOODS
If the Buyer has not ordered the goods delivery service, the Buyer may collect the goods free of charge at the address provided on the Online Store.
When the goods are ready for collection, the Buyer shall receive a confirmation notice stating that the order is ready for collection and that the Buyer shall agree on the collection date and time with the Seller. The Buyer and the Seller shall agree on the collection date and time that is suitable for both. The Seller may refuse to transfer the goods on the date and at the time specified by the Buyer; in such a case, the Buyer and the Seller shall agree on another date and time for the transfer of the goods to the Buyer.
At collection of the goods, the Buyer may be asked to present the order information / confirmation notice received from the Seller electronically. If the Buyer fail to provide such details, the Seller shall have the right to refuse to issue the goods to the Buyer.
The Buyer shall collect the ordered goods within 14 (fourteen) days after receiving the Seller‘s information about fulfilment of the order and collection of the goods, unless the Buyer and the Seller have agreed otherwise.
On collection of the goods by the Buyer, it shall be deemed that the goods were transferred (delivered) to the Buyer.
If the Buyer fail to collect the books within 14 days after having been informed about collection of the ordered goods, the order may be cancelled and the Seller shall refund the money paid by the Buyer for the order within 5 (five) working days.
QUALITY OF THE GOODS
Properties of the goods shall be provided in a description of each goods item.
Colours, shapes and other parameters of the goods in the photos on the Online Store may differ from actual colours, shapes and sizes due to the characteristics of electronic devices used by the Buyer or for other technical reasons and having regard to reasonable discrepancies in appearance.
If the goods item received by the Buyer is of poor quality, the parties may agree that the Buyer may retain the defective goods and receive a partial refund for such goods.
RIGHT TO RENOUNCE THE CONTRACT AND RETURN OF THE GOODS
The Buyer shall have the right to renounce the Contract concluded electronically, without specifying the reason, within 14 (fourteen) days in Lithuania and within 30 (thirty) days in the European Union and other countries after delivery/receipt of the goods, and where the Buyer has ordered more than one goods item under the same order and such items are delivered separately – after the delivery/receipt of the last item, except for contract referred to in Article 6.22810(2) of the Civil Code of the Republic of Lithuania.
The Buyer may renounce the Contract by delivering the goods to the address specified by the Seller or by sending to the Seller a notice of renunciation of the Contract by email to the address email@example.com. The Buyer‘s notice shall clearly state the Buyer‘s intent to renounce the Contract. The Buyer shall also present a purchase document (invoice, receipt etc.), evidencing that the goods were purchased from the Seller, by delivering it to the place where the goods were issue or by sending its copy together with the notice of renunciation. If the Buyer has purchased a number of goods items under the Contract, his right of renunciation shall be valid in respect of any of the items or all the items.
The Buyer shall be responsible for the proper packaging of the goods for return. The Buyer shall pay direct costs of the goods‘ return, unless the Seller, having received the renunciation notice, has instructed the Buyer otherwise. The goods may be returned directly to the address specified by the Seller or the Buyer may return the goods through an intermediary of his choice (the post office or a courier). All costs related to the exchange or return of the goods shall be paid by the Buyer.
Where the goods are returned through an intermediary, the shipment shall be registered. Number of the registered shipment shall be sent to the Seller by email to firstname.lastname@example.org no later than within 24 hours after posting.
The Buyer shall be refunded for the returned goods after the Seller has received the goods.
The Buyer shall provide details of his bank account to which the refund shall be transferred.
The Seller shall not be deemed to be in breach of the good return terms if the Seller is unable to transfer the refund due to the Buyer‘s fault (delay in returning the goods, inaccurate details etc.).
In cases other than renunciation of the Contract, when the Buyer does not like the form, size, colour, model or completion of the goods item, the Buyer may return the goods according to a procedure prescribed by the Rules and the Lithuanian law.
Some goods of good quality such as electrical appliances and hygiene goods as well as services duly provided cannot be returned. The list of such goods is provided in Resolution of the Government of the Republic of Lithuania No 738 of 22 July 2014 ‚Regarding amendments to Resolution of the Government of the Republic of Lithuania No 697 of 11 June 2001 ‚Regarding approval of the Retail Trade Regulations.
In the case of receipt of goods of poor quality, the Buyer may request replacement of such goods with quality goods or lowering of the price, or may return the goods and receive a refund. Replacement and return of goods of poor quality shall take place according to a procedure prescribed by these Rules and the Lithuanian law.
Conditions of return of the goods:
the returned goods item shall be in the original packaging which must be orderly and has not lost its marketable appearance;
the goods shall not be damaged by the Buyer;
the goods item shall be unused and has not lost its marketable appearance (labels not damaged, protective films intact etc.); this clause shall not apply in the event of return of goods of poor quality;
the goods item shall be returned as a complete set as it was received by the Buyer;
the returned goods shall be accompanied by an invoice confirming its purchase and a request for return of the goods, in a free form;
prior to returning or replacing goods of poor quality, also in the cases where goods of good quality are returned for reasons other than renunciation of the Contract, the Buyer shall agree on the terms of return/replacement with the Seller by telephone or via email (tel. +370 624 05 460, email email@example.com), also The Buyer can return goods of poor quality to the address specified by the Seller in person.
If the returned goods item is incomplete, damaged, in bad order and/or packed improperly, the Seller shall have the right not to accept the return and not refund the money to the Buyer.
The Buyer may not return goods the return of which is not permitted according to the Lithuanian law.
LIABILITY OF THE PARTIES
The Buyer shall be responsible for the correctness of his details provided in the order. If the Buyer has failed to provide accurate details, the Seller shall not assume liability for consequences thereof.
The Seller shall be released from liability in the cases where losses arose from the Buyer‘s failure to read the Rules and/or the Contract while he was afforded such opportunity, and has disregarded the Seller‘s recommendations and the Buyer‘s obligations.
The Seller shall be liable for disruptions in the Online Store‘s operation and resulting direct losses/damages for the Buyer or third Parties, provided that the disruptions arose due to wilful actions of the Seller.
If the Online Store contains references to websites of other entities, organisations or individuals, the Seller shall not be liable for information contained or activities carried out therein, shall not manage or control such websites, and shall not represent such entities, organisations or individuals.
In the case of causing damage, the party at fault shall be liable to pay direct losses only.
The Seller shall not be liable for a failure to perform the Contract and/or to deliver the goods or deliver them on time if this has resulted from third party actions/omissions or circumstances beyond the Seller‘s control which the Seller could not reasonably foresee at conclusion of the Contract and could not prevent occurrence of such circumstances or consequences thereof (force majeure). If such circumstances last for longer than 1 (one) month, the parties may agree to terminate the Contract.
PROVISION OF INFORMATION
The Seller shall send all notices and other information to the Buyer to the email address provided by the Buyer. Such notices and information shall be deemed to be received on expiry of 3 (three) hours after sending.
The Seller shall not be liable for any disruption in the Internet or email service as a result of which the Buyer is not receiving emails from the Seller.
The Buyer shall send all notices, requests, applications and questions using the details provided in these Rules and contact details provided in the ‘Contact Us’ section of the Online Store.
It shall be deemed that any information provided on the Online Store including but not limited to these Rules, details of the Seller, the goods and services offered as well as their properties, the procedure for renunciation of the Contract by the Buyer, the goods servicing and warranties provided by the Seller (if any) has been provided to the Buyer in writing.
The Rules and the Contract concluded by and between the Buyer and the Seller shall be governed by the Lithuanian law.
The Seller may assign his rights and obligations arising from these Rules to a third party without the Buyer‘s consent and without notifying the Buyer.
Any disagreements between the Buyer and the Seller over these Rules shall be resolved by negotiations. Should the Parties fail to reach an agreement within 15 (fifteen) days, the dispute shall be finally settled according to a procedure prescribed by the Lithuanian law.
The Buyer as a consumer may file an application and/or complaint concerning goods or services purchased on the Online Store to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax 8 5 279 1466, email: firstname.lastname@example.org, website www.vvtat.lt, or its territorial offices in the counties) or complete an application form on a platform for the resolution of consumer disputes available at http://ec.europa.eu/odr/. The latter sentence shall not apply to the Buyers that are businesses.
Last updated on 02 February 2022