1. General Provisions
1.1. These Sale Regulations (hereinafter referred to as the “Regulations”) determine the mutual rights, obligations and liability of the Buyer and shop4race.com (hereinafter referred to as the “Seller”) with the purchase of goods in the online shop.
2. The Event of the Purchase and Sale Agreement
2.1. The Purchase and Sale agreement between the Buyer and the Seller shall be deemed concluded immediately after the Buyer forms his/her cart in the online shop, specifies the delivery address, selects the payment method, familiarizes him/herself with these Regulations, and clicks Order, and shall remain in force and effect up to full and complete fulfilment of the Parties’ obligations under the mentioned Agreement.
2.2. Any contract concluded between the Buyer and the Seller shall be stored in the online shop as confidential information and, as such, cannot be transferred to the third parties, except as required by the legislation.
3. The Buyer’s Rights
3.1. The Buyer has the right to purchase goods in the online shop in accordance with these Regulations and legislation of the Republic of Lithuania.
3.2. Based on the Order of the Minister of Economy No. 258 “On sale of goods and provision of services in cases when agreements are made using the communication medium for approval of regulations” dd. 17 August 2001, the Buyer (Consumer) has the right to withdraw from the Purchase and Sale Agreement by notifying the Seller within seven working days following the date of delivery.
3.3. The Buyer also has other statutory rights as well as rights provided by these Regulations.
4. The Buyer’s Obligations
4.1. The Buyer undertakes to accept the goods ordered and pay for the goods and their delivery.
4.2. The Buyer undertakes not to transfer his/her identification code and other order-related information to the third parties. Should the Buyer lose his/her identification code, he/she undertakes to immediately notify the Seller via the online shop system.
4.3. Should the data provided in the Buyer’s registration form become a subject to alteration, the Buyer undertakes to promptly update it.
4.4. The Buyer selected goods shall be reserved and the Seller will start implementing the Purchase and Sale Agreement only after receiving the Buyer bank notification of payment for the goods selected. The Buyer undertakes to confirm the payment not later than within 24 hours following the click of the Buy button. Should the Buyer fail to confirm payment during the abovementioned period, the Seller shall be entitled to consider the Buyer withdrawn from the Purchase and Sale Agreement.
4.5. Should the Buyer refuse to accept the goods without valid reasons, the Buyer undertakes to meet the delivery-related expenses incurred upon the Seller as well as pay the fine in the amount of 10% of the order value.
4.6. In addition, the Buyer undertakes to comply with other requirements provided by these Regulations and legislation of the Republic of Lithuania.
5. The Seller’s Rights
5.1. Should the Buyer attempt to intervene with the online shop’s stable operation, the Seller is entitled to restrict or suspend (stop) the Buyer’s possibility to access the online shop or, in exceptional cases, eliminate the Buyer’s registration without prior notice.
5.2. The Seller has the right to temporarily or permanently stop the online shop’s operation and unilaterally change the Regulations without prior notice.
5.3. The Seller also has other statutory rights.
6. The Seller’s Obligations
6.1. To create conditions for the proper use of services provided by the online shop.
6.2. To organize delivery of the Buyer ordered goods to the Buyer indicated address.
6.3. Should, in the event of serious circumstances, the Seller fail to deliver the Buyer ordered goods, the Seller undertakes to offer the Buyer a similar article or, should the Buyer refuse to accept it, return the Buyer’s money within five working days. In this case, the Seller shall be exempted from its liability for failure to deliver goods.
7. Delivery of Goods
7.1. The goods shall be shipped by a transportation company at the Buyer’s expense. In exceptional cases (i.e. if the Buyer has chosen a free delivery of goods), the Buyer undertakes to collect the goods at the address selected when ordering.
7.2. The goods shall be delivered from stock to the Buyer indicated address within 1-7 working days following the payment for the goods and their shipping. All delivery times shown on web store are approximate. Should the Buyer ordered goods be absent from the Seller’s warehouse, the delivery may take up to six weeks. If there are any manufacturing problems with delivery of goods which were bought by special order, exact delivery time can not be given.
7.3. The exact delivery price depends on the weight, volume, size and destination of the goods ordered, therefore, the final price will be available only upon completely forming the order.
7.4. During the goods delivery the buyer must, together with the transportation company’s representative, check the shipment condition.
7.5. In the case the Buyer notices any flaws, he/she undertakes not to accept the shipment and indicate the existence of flaws in the shipment waybill. Should the Buyer accept the shipment and sign the waybill without leaving any comments, it shall be assumed that the shipment delivered has no flaws.
8. Return of Goods
8.1. Should the Buyer (Consumer) withdraw from the Purchase and Sale Agreement as stated in Article 3.2 of these Regulations, the goods are to be returned at the Buyer’s expense within seven days following the Buyer’s written notice of withdrawal from the Purchase and Sale Agreement. Articles with the form, size, colour, model or complement (except for cases within the legislation of the Republic of Lithuania) that dissatisfies the Buyer (Consumer) shall be replaced or accepted from the Buyer within seven days following the delivery of goods. The return of goods shall be carried out in accordance with the Order of the Minister of Economy of the Republic of Lithuania No. 217 “On approval of regulations of return and replacement of goods“ dd. 29 June 2001, the goods are to be returned at the Buyer’s expense.
8.1.1. The goods are to be returned in their original and shipment packaging (with manual and warranty certificate if those have been provided with the article). The good returned must be accompanied with the original invoice that comes with the article as well as filled out and signed return form.
8.1.2. The Buyer shall bear the responsibility for completing and packaging of the article. If the article is not completed and properly packaged, the Seller shall be entitled not to accept the article returned.
8.1.3. If the goods have been used and/or damaged and/or lost their marketable condition (changes in the appearance of the article or its packaging, necessary to inspect the article, are not considered the substantial appearance changes), they shall not be accepted by the Seller.
9.1. The Buyer shall be held liable for the registration form accuracy. The Buyer shall take the consequences arising from falseness or inaccuracy of data provided in the registration form.
9.2. Should the Parties breach the Purchase and Sale Agreement concluded for the purpose of use of the online shop, the Parties shall bear responsibility in accordance with the procedure established by the legislation of the Republic of Lithuania.
9.3. Taking into consideration provisions of Part 3 of Article 8 of the Electronic Signature Law of RL, the Buyer hereby agrees with the Seller that confirmation of the Buyer’s actions in the online shop by means of login data (identification code) has the legal effect of electronic signature (i.e. the legal effect equal to the one of signature in the written documents; admissible as evidence in court) approved by Part 1 of Article 8 of the Electronic Signature Law. The Buyer undertakes to keep his/her login data and not to disclose it as well as ensure that the data is known and used only by him/her and not transfer or otherwise create opportunities for other parties to access or use the data. Should any suspicion arise that the Buyer’s login data became known to other parties, the Buyer undertakes to immediately inform the Seller of this as well as immediately notify the Seller of any breaches or disclosures of the login data. All the actions carried out using the Buyer’s identification number, shall be deemed carried out by the Buyer and, as a result, the Buyer shall be fully responsible for the consequences of such actions.
9.4. The Seller shall not be held liable for the information on other companies’ websites, even if the Buyer falls into these websites via the links in the Seller’s online shop.
9.5. In the event of loss, the guilty Party undertakes to compensate the other Party for the loss incurred.
10. Delivery of Information
10.1. The Seller undertakes to send all notifications to the Buyer’s e-mail address indicated in the registration form.
10.2. The Buyer undertakes to send all messages and questions via the form indicated in the Contact Us section of the online shop.
11. Final Provisions
11.1. Any disputes arising or related to the Purchase and Sale Agreement between the Buyer and the Seller, shall be settled through mutual negotiations. Should the Parties fail to reach positive result, the disputes shall be settled in accordance with the order established by the legislation of the Republic of Lithuania.