e-PROMO terms and conditions
Version 1.2, 15/10/2020
1. GENERAL PROVISIONS
1.1. These e-PROMO electronic store terms and conditions (hereinafter -the “Rules”) are a legal document binding on the parties, which sets out the rights and obligations of the Buyer and the Seller, conditions for purchasing and paying for goods, delivery and return procedures, parties' liability and other provisions related to the sale of the e-PROMO store.
1.2. UAB Sanitex, company code 110443493, registered office address Raudondvario pl. 131, Kaunas LT-47501, is a direct seller of all goods sold in the e-PROMO store (hereinafter - the “Seller”).
1.3. The Buyer is any person who has obtained PROMO card and has registered in the e-PROMO store (hereinafter – the "Buyer"). Only natural persons of full capacity have the right to register in the e-PROMO store and order goods therein. Only sober persons at least 20 years old have the right to purchase alcoholic beverages. Only people under the age of 18 have the right to buy energy drinks.
1.4. In order to register in the e-PROMO store, the Buyer shall read these Rules and mark his / her consent to them.
1.5. The Seller has the right to change or supplement the Rules at any time. Changes or additions to the Rules will be notified through the usual communication channels of the e-PROMO store. The buyer can also be informed by logging in to their e-PROMO store account.
1.6. These Rules apply to every order submitted by the Buyer in the e-PROMO store, therefore the Buyer must be acquainted with the current version of the Rules before placing each new order for goods. The Seller does not assume any risk or responsibility and is unconditionally released from it if the Buyer has not read the current version of the Rules, although he has been given such an opportunity.
1.7. The e-PROMO store operates in the territory of Lithuania, but the Seller shall unilaterally determine the delivery territories of the goods and has the right to limit or expand them at any time by informing the Buyer about it in the e-PROMO account.
2.1. In order to use the e-PROMO store and buy the goods offered, the Buyer shall register in the e-PROMO store system by filling in the registration form.
2.2. If the Buyer faces problems to register in the e-PROMO store, the Buyer should contact the Seller with the contact details specified in these Rules.
2.3. When filling in the registration form, the Buyer must provide accurate and correct personal data and be sure to fill in additional information marked with asterisks. The Seller shall not be liable for improper execution of the Buyer's order if the Buyer has provided inaccurate and / or incorrect information.
2.4. The following personal data of the Buyer shall be provided in the registration form: name, surname, date of birth, e-mail, address to which the goods will be delivered, telephone number, other data necessary for delivery of the goods.
2.5. The Buyer is not allowed to complete the registration without filling in all the required data or marking all the required consents.
2.6. The Buyer has the right to freely change or supplement his registration data at any time, as well as to cancel his registration.
2.7. Upon registration, the Buyer creates individual login details (username and password) and undertakes to keep them secret and not to disclose them to any third parties. In the event that the connection is created for him by the Seller, the Buyer will receive an e-mail. the created username and temporary password are provided by e-mail, which the Buyer must change when logged in.
2.8. If the e-PROMO store login is used by a third party who has logged in using the Buyer's login details, the Seller considers this person to be the Buyer. The Seller is not responsible for third party logins using the Buyer's login details.
2.9. If the Buyer loses the login data, he must immediately inform the Seller with the specified contact data or must change the login data by logging in to the e-PROMO store system.
1. PRICE AND QUANTITY OF GOODS
1.1. The e-PROMO store product catalog shows retail prices in euros (EUR) with VAT.
1.2. The seller has the right to set the minimum and maximum quantities of goods ordered at one time. Information about this is provided in the e-PROMO product catalog.
1.3. The goods are sold at the prices that are valid at the time of placing the order. The total delivery price may include delivery charge and other service charges.
1.4. The prices of goods in the e-PROMO store may differ from the prices of goods in the physical Seller's PROMO Cash & Carry. If the price of the product in the e-PROMO and PROMO Cash & Carry physical store differs at the time of placing the order, the price indicated in the e-PROMO product catalog applies.
2. ORDER AND PAYMENT
2.1. The order is considered submitted to the Seller, when the Buyer pays for the purchased goods in his e-PROMO account and forms a shopping cart, pays for the order.
2.2. Each order is considered a purchase and sale agreement concluded between the Buyer and the Seller, which is registered and stored in the Seller's database.
2.3. The minimum amount of one order is 50 EUR, a smaller amount shall not accepted by the e-PROMO store system.
2.4. If the total amount of the order is less than 100 EUR, in addition to the price of the order, the Buyer will have to pay a fixed delivery fee of 3.99 EUR.
2.5. The packaging of goods may also be subject to an additional fee, which is indicated in the catalog of goods. If no such fee is specified, the packing fee shall be deemed to be included in the delivery fee.
2.6. The Buyer shall pay for the formed order only using the payment methods specified in the e-PROMO account. The order must be paid for before delivery of the goods.
2.7. If the order is not paid by the Buyer before the delivery of the order, as well as if the Seller does not receive payment from the Buyer's payment institution, the order is canceled.
2.8. If the Seller does not currently have the opportunity to deliver the goods to the address specified by the Buyer, the e-PRMO store system shall not be able to complete the order.
3. DELIVERY OF GOODS
3.1. The goods are delivered in the territory of Lithuania. Upon the placement of the order, the Buyer chooses the most acceptable delivery method, time and price.
3.2. Delivery of goods is free of charge if the amount of the Buyer's goods for purchases is not less than 100 Eur with VAT.
3.3. The ordered goods are usually delivered on time slot selected by the Buyer. The Buyer may be informed about the exact estimated delivery time by phone. In case of failure to contact the Buyer and / or deliver the goods, the order is canceled, and the money paid for it is returned to the Buyer in accordance with the procedure established in the Rules.
3.4. In case the order is delivered on time, but nobody picks up the order at the delivery address, the Buyer will be notified by phone and another delivery time will be agreed.
3.5. Upon placement of the order of the goods, the Buyer shall indicate the exact delivery address.
3.6. The Buyer undertakes to accept the goods in person. In case he cannot accept the goods himself and the Goods are delivered to the address specified by the Buyer and handed over to another person, the Seller is considered to have delivered the goods properly and the Buyer has no right to make claims to the Seller regarding delivery to the wrong person.
3.7. The Buyer understands and agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery of goods.
3.8. In all cases, the Seller is released from liability for violation of the terms of delivery of the goods, as well as if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the Buyer's control.
3.9. During the delivery of the goods, the Buyer must check the quantity of the delivered goods and their external quality. The Buyer must inform the Seller at the time of delivery of the goods about any defects in the quantity and external quality of the goods. Subsequent claims are not accepted unless the Buyer provides reliable evidence of defects.
3.10. The Buyer agrees that the representative of the Seller who delivered the goods will photograph them (without photographing the person collecting the goods) and agrees that this is considered as proof of proper delivery of the goods to the Buyer.
3.11. The Buyer must inform the Seller about the quality defects of the delivered goods no later than within 48 hours from delivery of the goods.
3.12. The Buyer has the right to inform the Seller about hidden defects of the goods within the validity period of the goods or the warranty period, but not later than within 48 hours from discovery of such defects.
3.13. If the Buyer fails to take these actions, the Seller is released from liability to the Buyer for damage to the goods, if such damage was caused by packaging damage that occurred during transportation of the good(s), which the Buyer did not mark in accordance with the above.
3.14. When assembling the products to be weighed, the Seller shall place such number of units of products as would be closest to the weight of the weighed product ordered by the Buyer. In case a lower weight is transferred to the Buyer than ordered, the Seller shall return the price difference to the Buyer in accordance with the procedure established in these Rules.
3.15. The Seller shall have no obligation to ensure the exact weight of the ordered goods. The price of the weighed goods will be calculated according to the weight specified in the Buyer's order. In case the actual weight of the goods will be higher than the weight specified in the order, the Buyer will not have to pay extra. If the weight of the delivered goods is less than specified in the order, the price difference between the ordered and delivered weight shall be returned to the Buyer in the same way that was used to pay for the placed order.
4. DELIVERY OF ALCOHOLIC BEVERAGES AND OTHER RESTRICTED GOODS
4.1. The Buyer can order alcoholic beverages at any time, but these products can be delivered only from 10.00. until 8 p.m. Monday to Saturday and from 10:00. until 3 p.m. on Sundays. September 1 alcoholic beverages shall not be delivered.
4.2. Only sober persons of at least 20 years old shall have the right to receive the ordered alcoholic beverages.
4.3. Only persons minimum 18 years old shall have the right to receive energy drinks.
4.4. If at the time of delivery of products that can be purchased only at a certain age, the Buyer or any other person receiving the goods on behalf of the Buyer does not have a valid document confirming his age, such products will not be transferred. In this case, the order is considered to be partially unfulfilled due to the fault of the Buyer.
4.5. If alcoholic beverages are included in the order, the Seller's representative will assess whether there are any indications that the person accepting the order with alcoholic beverages is intoxicated and / or intoxicated. In the event that there is a suspicion that the Buyer is intoxicated, alcoholic beverages will not be transferred. In this case, the order is considered to be partially unfulfilled due to the fault of the Buyer.
4.6. If, for reasons beyond the control of the Seller, the order is delivered earlier or later than the sales hours permitted by law, and the order contains alcoholic beverages, such alcoholic beverages shall not be handed over to the Buyer and the Seller shall refund the money paid for those products.
5. QUALITY GUARANTEE
5.1. The characteristics of each product sold in the e-PROMO store are generally indicated in the product description attached to each product.
5.2. All goods are covered by the manufacturer's warranty.
5.3. Goods with a manufacturer's warranty are sold with a warranty card that contains information about the terms of the warranty. Information on warranty service is provided by telephone 8 800 41411.
5.4. The Buyer understands that the goods in the online store in their color, shape or other parameters may not fully correspond to the actual size, shapes and colors of the goods due to the characteristics of the monitor used by the Buyer, therefore the Seller shall not be responsible for any discrepancies.
5.5. The product quality guarantee is determined by the Seller of the product in accordance with the manufacturer's obligations and general legislation.
5.6. If during the warranty period it turns out that the product does not meet the quality requirements, the defects are not the result of improper storage, display or use of the product and the Buyer notifies the Seller of such defects immediately, the Seller Goods. The product is delivered by the Buyer for warranty repair.
6. EXCHANGE AND RETURN OF GOODS
6.1. The Buyer has the right to rescind the purchase and sale agreement concluded with the Seller by notifying the Seller in writing (by e-mail, indicating the desired return and order number) no later than within 14 (fourteen) days from the date of delivery.
6.2. The right of the Buyer to rescind the sale and purchase agreement is exercised in accordance with the Rules for the sale of goods and provision of services when contracts are concluded by means of communication, as approved by the Order of the Minister of Economy of 17 August 2001, No. 258.
6.3. After submitting a written notice of rescission, the Buyer shall provide the Seller with the necessary information and return the goods in accordance with the procedure established by these Rules no later than within 15 (fifteen) calendar days.
6.4. The Buyer shall also have the right to return or demand replacement of defective goods or goods that do not meet the order specification.
6.5. In any case, perishable goods or goods with a short validity period, as well as other goods provided in the Civil Code and Retail Rules approved by the Resolution of the Government of the Republic of Lithuania No. 697 of 11 June 2001, are not returned or exchanged
6.6. Defective non-perishable goods or quality goods that do not meet Buyer’s requirements regarding shape, size, color, model or completeness, are replaced or returned in accordance with the Retail Rules approved by the Resolution of the Government of the Republic of Lithuania No. 697 of 11 June 2001, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania.
6.7. The product can be returned if it has not been damaged or its appearance has not changed significantly, and it has not been used (original labels and markings have not been torn off). Returned or exchanged quality goods must be undamaged, have not lost their commercial appearance (labels have not been removed and damaged, protective films have not been torn off, etc.), must not be used and must not be used. The product must be returned in the original packaging, the same set as received by the Buyer, together with product purchase document, warranty card (if issued), instructions for use and other accessories of the product. If the goods are not fully completed, are damaged, untidy or are not properly packaged, the Seller has the right not to accept the goods, not to change them and not to return the money paid by the Buyer for the goods.
6.8. The goods are exchanged or returned by the Seller with prior agreement on the time and address of collection of the goods. The Buyer must deliver the goods to the Seller's address or, upon agreement, collect them from the Seller. All costs related to the return of defective goods shall be borne by the Seller.
6.9. When returning or exchanging high-quality goods that meet the Buyer's order, the Buyer will not be refunded the delivery fee. In case the delivery fee has not been applied, the Seller has the right to deduct the amount of the delivery fee from the amounts returned to the Buyer.
6.10. For returns, please contact us by by e-mail: [email protected] or by phone: 8 800 41411.
6.11. The money for the returned goods shall be returned to the Buyer's account no later than within 14 (fourteen) days from the date of return of the goods.
7.1. The buyer is fully responsible for the accuracy of the data provided in the registration forms in the e-PROMO store. If the Buyer does not provide accurate data in the registration form, the Seller is not responsible for the consequences.
7.2. The buyer is responsible for his actions performed using this e-PROMO online store.
7.3. The buyer is responsible for transferring his login details to third parties. If the services provided by the e-PROMO store are used by a third party who has logged in to the online store using the login details of the Buyer, the Seller considers this person to be the Buyer.
7.4. The Seller is released from any liability in cases where the loss arises due to the fact that the Buyer, in disregard of the Seller's recommendations and its obligations, did not read these Rules, even though he was given such an opportunity.
7.5. In the event that the Seller violates these Rules, the Seller will be liable only for the losses directly suffered by the Buyer as a result of that violation to the extent that those losses could reasonably have been foreseen by both parties.
8. CONTACTS AND MEANS OF COMMUNICATION
8.1. The Seller may send all notices to the Buyer by e-mail to the e-mail address provided in his registration form or by SMS to the telephone number indicated by him. In case of any questions regarding the execution of orders, the Seller's representatives have the right to contact the Buyer at the telephone number provided by him.
8.2. The Buyer shall submit all notices and questions to the Seller by the following means of communication:
10.2.1. Intercom live correspondence app on the Seller's website www.sanitex.eu
10.2.2. Phone number: 8 800 41411
10.2.3. el. email address: [email protected]
8.3. In the cases specified in these Rules, notices are provided to the Seller through the following usual communication channels of the Seller: on the website www.sanitex.eu, on the Facebook account of Promo Cash & Carry or on the e-mails of registered Buyers. email addresses.
9. PERSONAL DATA PROTECTION
9.2. The Buyer's personal data will be used to identify the Buyer, determine whether the Buyer and the person to whom the goods are delivered are an adult or at least 20 years old (for purchasing alcoholic beverages), selling and delivering goods, issuing accounting documents, refunding overpayments and / or money for the goods returned by the Buyer, administration of debts and performance of other obligations arising from the sales contract.
9.3. The Buyer's personal data will be processed for direct marketing purposes only with the Buyer's consent. The buyer's consent is expressed by ticking the appropriate fields on the registration form and can be changed by logging in to your e-PROMO account.
10. OPERATIONAL RESTRICTIONS
10.1. The Seller, taking into account the technical capabilities of the e-PROMO store system, has the right to limit the number of registered Buyers by its decision.
10.2. The Seller has the right at any time, without giving reasons, to suspend the acceptance of new orders from the Buyer by informing the Buyer in the e-PROMO account and other usual communication channels of the Seller.
10.3. If, according to the Seller's data, the Buyer tries to damage the stability and security of the e-PROMO store or violates its obligations, the Seller has the right to immediately and without notice restrict or suspend his access to the e-PROMO store and / or cancel the Buyer's registration. Any attempts to undermine the stability of the e-PROMO store are investigated and, if necessary, reported to law enforcement institutions.
10.4. In case of special circumstances, the Seller may temporarily suspend or terminate the operation of the e-PROMO store without notifying the Buyer in advance.
11. FINAL PROVISIONS
11.1. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.
11.2. If a court or other competent authority decides that any provision of these Rules does not comply with the requirements of the law, it shall be deemed invalid and the nearest provision that complies with the requirements of the law shall be automatically replaced. Such invalid provision shall not affect the validity of the Rules or their specific provisions.
11.3. All disputes arising between the Buyer and the Seller shall be settled through negotiations. First of all, the Buyer must contact the Seller in writing by filling in the form specified in the e-PROMO store account, if the Seller does not respond to the Buyer's claim or resolve it in a mutually acceptable way within 14 days, the dispute may be further resolved in accordance with the laws of the Republic of Lithuania.