FPI BALTIC
Last update: 22-05-2023
RULES FOR PURCHASE AND SALE OF GOODS
1. GENERAL PROVISIONS AND TERMS USED
1.1 These Rules set out terms and conditions for use of the ONLINE STORE administered by UAB FPI Baltic and main conditions for Conclusion and fulfilment of agreements for purchase and sale of goods concluded in the Store.
1.2 Terms in capital letters used in these Rules shall have the following meanings:
1.1.1. “Online Store” means the Online Store located at https://www.fpibaltic.com/shop/ where the Seller offers Goods to Buyers and Buyers have an opportunity to purchase the Goods. For the purposes of these Terms and Conditions, term “Online Store” may be used as a generic term for both the Online Store and Customer Self-Service.
1.1.2. “Individual Order” means an Order for purchasing the Goods to individual specifications.
1.1.3. “Website” means Seller’s website located at: https://www.fpibaltic.com
1.1.4. “Customer Self-Service” means a customer self-service area administered by the Seller and linked to the Online Store and Seller’s production management system, located at https://customer.fpibaltic.com, where a Buyer can use his/her Account to manage his/her Orders, receive and view Order-related data, manage delivery addresses for the Goods, view other information related to the Goods and Orders, view and download invoices, view lists of warranty enquiries, send and read messages and place, combine and manage orders for non-standard Goods.
1.1.5. “Seller” means UAB “FPI Baltic”, legal entity code 300016801, located at the following address: 31, Liuksemburgo aklg., LT-46401, Kaunas, tel. +370 687 21336, email info@fpifurniture.eu.
1.1.6. “Account” means account of a Buyer created by the Seller for a Buyer in the Customer Self-Service, through which a Buyer may purchase the Goods and carry out other actions provided for in these Rules.
1.1.7. “Buyer” means an entity, which may purchase Goods in the Online Store: (i) a legally capable private individual legally, i.e., a person who has reached his/her full legal age and whose legal capacities have not been restricted by a court order; (ii) a minor aged between 14 and 18 years old, with a consent of his/her parents or guardians, or disposing of his/her own income independently; or (iii) corporate buyer.
1.1.8. “Goods” means any and all Goods available for purchase in the Online Store or which can be ordering through the Customer Self Service. The Seller has the right to change a list of Goods available for purchase through the Online Store any time. Any list of Goods available for purchase through the Online Store existing at any time during Customer’s use of the Online Store shall not make it binding on the Seller to ensure availability of such Goods for the entire period of the Customer’s use of the Online Store. In these Terms and Conditions, the term “Goods” shall include both goods and services unless expressly stated otherwise or the context requires otherwise.
1.1.9. “Agreement” means any Agreement for purchase and sale of Goods entered into between the Seller and a Buyer in accordance with these Conditions.
1.1.10. “Party” means the Seller or a Buyer discretely. The Seller and a Buyer collectively are referred to as the “Parties”.
1.1.11. “Rules” means these Rules, as supplemented and amended.
1.1.12. “Order” means a Buyer’s order for purchase of Goods in the Online Store or through Customer Self Service following the ordering steps specified in these Terms and Conditions, in the Online Store or Customer Self Service procedures.
1.1.13. “Order Confirmation” means a confirmation issued by the Seller, sent to a Buyer by email or otherwise provided to a Buyer, by which the Seller confirms Buyer’s Order.
1.3 These Terms and Conditions are a legally binding document. Once a Buyer has decided to purchase Goods in the Online Store or through Customer Self-Service and has fulfilled the requirements set out in the Terms and Conditions, the Terms and Conditions shall become an integral part of an agreement of sale and purchase between a Buyer and the Seller.
1.4 A Buyer may purchase Goods in the Online Store or through the Customer Self-Service only after having read and agreed to comply with the Terms and Conditions. A Buyer shall become familiar with the Terms and Conditions at the time of each purchase. If a Buyer does not accept the Terms (or a part of them), such Buyer shall not be allowed to order Goods. If a Buyer places an Order in the Online Store or through the Customer Self Service, such Buyer shall be deemed to have read, understood and agreed to the Terms and Conditions and to be bound by them.
1.5 Before using the Online Store, a Buyer shall also read the Privacy Policy, which sets out the main terms and conditions for the processing of Buyer’s personal data and privacy. By using the Online Store, a Buyer is deemed to have read and accepted the Privacy Policy. At certain stages of the use of the Online Store, for example, when a Buyer registers in the Online Store, generates or confirms an Order, a Buyer may be asked to confirm that he/she has read the Privacy Policy by ticking a relevant box or in some other way.
1.6 In addition to these Terms and Conditions, relationship between a Buyer and the Seller may be subject to special terms and conditions set out on the Website, as well as to provisions of any agreement concluded between a Buyer and the Seller. The special terms and conditions, rules and contractual provisions shall prevail over these Terms and Conditions. A Buyer shall be informed about application of such conditions in advance.
1.7 The Seller shall have the right to amend the Terms and Conditions. The Seller shall provide a Buyer with written notice of the amendment (including by email or by posting a notice on the Online Store and/or Customer Self Service). If changes are relevant and applicable to a Buyer, a Buyer shall have the right to object to such changes. Such changes shall take effect immediately upon their publishing. Date of updating the Terms shall be specified in the upper part of the Terms.
1.8 By accepting these Terms and using the Online Store and/or Customer Self-Service, a Buyer’s representative declares and warrants that he/she has the right, authority and capacity to accept and abide by these Terms on behalf of a Buyer, and that he/she has read and understood these Terms in full.
1.9 A corporate Buyer agrees not to use the Online Store and/or the Customer Self-Service for any unlawful purpose. The Seller may, at its sole discretion, terminate or suspend Buyer’s access to all or a part of the services offered in the Online Store and/or Customer Self Service for any reason, including, without limitation, for violation or assignment of Buyer’s rights and obligations under these Terms.
2. CUSTOMER SELF-SERVICE
2.1. An Account in the Customer Self Service can be opened for the existing clients of the Seller (Buyers) and to new Buyers who place an Order using the Online Store.
2.2. By placing an Order in the Online Store, a Buyer undertakes to provide the Seller with true, accurate and complete registration information and agrees to disclose all facts and circumstances that may be relevant to use of the Customer Self-Service. If a Buyer provides incorrect, incomplete or inaccurate data, the Seller shall have the right to refuse to create an Account and/or to provide the login data for the Account, as well as to cancel the already created Account, limit or suspend its use.
2.3. The Customer Self-Service shall be accessible to a Buyer with an Account via the Website at https://customer.fpibaltic.com and by entering requested login details.
2.4. A Corporate Buyer may appoint an authorised representative(s) to place Orders for Goods in accordance with these Terms and Conditions and to use login credentials and Account provided to a Corporate Buyer in the Customer Self Service.
2.5. For a Corporate Buyer, an Account shall be created in his/her name and may be accessed by different representatives of a Corporate Buyer or departments of a Corporate Buyer with separate login credentials provided to them.
2.6. A Buyer and its representatives shall keep their login details secure and shall not disclose them to third parties. A Buyer shall ensure that at the request of the Seller or in accordance with the prescribed procedure, a Buyer and/or its representatives change a password required to access the Customer Self-Service if this is necessary to ensure security of the Customer Self-Service system. A Buyer shall be responsible for proper use and storage of login data and shall immediately inform the Seller if Buyer ‘s login data is used improperly. At a Buyer’s request, the Seller shall immediately block access. A Buyer shall be fully responsible for all transactions carried out in the Customer Self-Service using login data provided, even if Orders are placed illegally using Buyer’s Account.
2.7. The Seller has the right to design and develop the Customer Self Service as it sees fit. A Buyer acknowledges and agrees that the Seller may, at its sole discretion, undertake further development of the Customer Self-Service, which may result in changes to its functionality and features. If the changes are material, the Seller shall inform a Buyer about it on the Website or in the Customer Self Service proper.
2.8. The Seller shall have the right to suspend operation of the Customer Self Service for a necessary and reasonable period of time if this is needed for installation, updating or maintenance of new functional features or if such suspension is related to installation, upgrading or maintenance of the public communications networks. The Seller shall also have the right to suspend operation of the Customer Self-Service due to data security risks if this is required by the law or a special administrative act.
2.9. A Buyer agrees and undertakes not to use the Customer Self-Service for any unauthorised purpose. The Seller may, at its sole discretion, terminate or suspend a Buyer’s access to all or part of the Customer Self Service for any reason whatsoever, including, but not limited to, a breach of these Terms. The Seller shall have the right to deny a Buyer an access to the Customer Self-Service if the Seller reasonably suspects that a Buyer is using the Customer Self-Service in a manner that threatens functioning and/or availability of the Customer Self-Service to other Customers.
3. STATUS OF CORPORATE BUYER
3.1. A Corporate Buyer is an entrepreneur who purchases from the Seller and sells Goods to consumers or otherwise uses Goods in the course of its business in his own name, at his own expense and risk. It is expressly agreed that a Corporate Buyer, including its employees, agents or other representatives, shall act as an independent party to an Agreement and shall not be an agent, representative or employee of the Seller and shall not have the right to enter into any agreement in the name of the Seller or otherwise bind the Seller in relation to any third party, unless the Seller expressly grants such right in writing.
3.2. Any transaction between a Corporate Buyer’s partner and its customers shall be at a Buyer’s business partner’s sole financial risk and the Seller under any circumstances shall not be held liable for such transactions, except as otherwise expressly provided in these Terms and Conditions or as may be separately agreed between the Parties.
3.3. The Seller may impose certain restrictions and limitations on resale of the Goods. If such restrictions apply, this will be stated in the Customer Self Service, Order Confirmation provisions or on the Website.
3.4. A Corporate Buyer is not subject to any provisions of the Terms and Conditions related to protection and rights guaranteed to consumers by the laws of the Republic of Lithuania.
4. PLACING AN ORDER
4.1. A Buyer may order the Goods in the following ways:
4.1.1. in the Online Store, without registering, but by providing the requested data necessary for ordering the Goods, such as name, surname, telephone number; if an order is placed on behalf of a company – the company’s data (name, code, VAT number), etc., delivery address;
4.1.2. in the Customer Self-Service after an Account has been created for him/her.
4.2. An Agreement shall be deemed to have been concluded from the moment when a Buyer, having selected Product(s) to be purchased and having formed a shopping cart, provides the necessary data for the Order, reads the Terms and Conditions, clicks on the “Order” link and makes prepayment. The Seller confirms conclusion of an Agreement by sending a confirmation message (to email address and/or telephone number indicated by a Buyer). An Order shall be deemed to have been placed from the time when a Buyer confirms the Order by creating a shopping cart.
4.3. Order processing shall commence only upon receipt of payment from a Buyer.
4.4. Individual Orders shall be agreed by a separate agreement between the Parties in the manner described in Section 5 of the Terms and Conditions.
4.5. Prior to conclusion of an Agreement, the Seller may send to a Buyer other interim confirmation, such as confirmation of receipt of payment, etc.
4.6. The Seller may not confirm a Buyer’s Order for weighty reasons, for example, if a Buyer specifies a delivery address for the Goods, which the Seller does not deliver its Goods to; if a Buyer does not provide delivery address for the Goods, specifications of the Goods; if the Seller does not have Goods required by a Buyer; if a Buyer has not confirmed his acceptance of the Terms and Conditions; if a Buyer is, in the Seller’s view, making a bulk purchase, and/or for any other reason individually identified by a Buyer.
4.7. An Agreement shall be deemed to have been implemented when the Goods have been handed over to a Buyer in accordance with the procedures set out in the Rules and legislation of the Republic of Lithuania.
5. ORDERING GOODS BY INDIVIDUAL ORDER
5.1. Custom orders shall be placed and submission, coordination and approval of design drawings for production of the Goods shall be made in the Customer Self-Service. Once the Parties have agreed on a Custom Order, the Seller shall provide a quotation for purchase of such Goods.
5.2. When a Buyer orders Goods pursuant to a Custom Order, a sale agreement shall be deemed to have been concluded from the moment when a Buyer confirms a price offer submitted to a Buyer by the Seller through the Customer Self Service by approving a price offer form, pays the specified advance payment for the Goods and receives an Order Confirmation from the Seller through the Customer Self Service.
5.3. Goods purchased under a Custom Order cannot be returned as long as they are of good quality.
6. RIGHTS AND OBLIGATIONS OF BUYER
6.1. A Buyer has the right:
6.1.1. to make purchases in the Online Store and/or through the Customer Self-Service in accordance with the Rules, Seller’s guidelines and legislation of the Republic of Lithuania;
6.1.2. to withdraw from an Agreement concluded in the Online Store by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in the Civil Code of the Republic of Lithuania and the Rules. A Buyer may refuse quality Goods only if the Goods have not been damaged, have not been used, have not lost marketable condition, are complete, have not been assembled and are in their original packaging;
6.1.3. to return and/or replace Goods that are of poor quality and/or a set is incomplete; to warranties applicable to the Goods; to require from the Seller to repair any defects in the quality of the Goods, to replace the Goods, to return the Goods, or otherwise resolve the situation as may be agreed between the Parties;
6.1.4. to exercise other rights provided for in the Terms and Conditions and/or legislation of the Republic of Lithuania.
6.2. A Buyer undertakes:
6.2.1. to pay price of the Goods and Goods delivery, to make other payments specified during placement of order for the Goods and to accept the ordered Goods;
6.2.2. Upon receipt of the Goods, inspect and check them, as well as inform the Seller of any damage to the Goods, clearly visible defects in the Goods, or discrepancies between model and completeness of ordered and delivered Goods;
6.2.3. to check quality of the purchased Goods and to immediately inform the Seller by e-mail info@fpifurniture.eu or via Customer Self-Service of any detected deficiencies in quality of the Goods, discrepancies between model and completeness of Goods, which couldn’t be identified at the time of transfer of the Goods;
6.2.4. having chosen delivery service or other services offered by the Seller, to create conditions for rendering of such services and to pay for such services properly;
6.2.5. pay the costs of returning the Goods, if such costs are subject to payment by a Buyer;
6.2.6. to provide correct registration data or data required for delivery of the Goods, to keep the registration data confidential, and to update information without delay in the event of any change in a Buyer’s registration data or in a Buyer’s data required for delivery of the Goods and fulfilment of agreement. The Seller shall not be held liable for submission of incorrect data and consequences thereof;
6.2.7. not to pass on to third parties Order number, Order documents, Online Store and/or Customer Self-Service username, password or any other data that would allow a third party to collect the Goods on behalf of a Buyer without Buyer’s knowledge and consent;
6.2.8. not to use the Online Store and/or Customer Self-Service in such a way, which would compromise proper functioning, security, integrity or accessibility of the Online Store or restrict ability of others to use the Online Store;
6.2.9. comply with the requirements set out in the Terms and Conditions, the Online Store and legislation of the Republic of Lithuania.
7. RIGHTS AND OBLIGATIONS OF SELLER
7.1. The Seller has the right to:
7.1.1. limit or suspend a Buyer’s access to the Online Store and/or Customer Self-Service without prior notice if a Buyer makes an attempt to cause damage to operation or stable functioning of the Online Store and/or Customer Self-Service and/or fails to meet his/her obligations. The Seller shall not be held liable for any adverse consequences caused to a Buyer by such actions. The Seller may only exercise this right in respect of a Buyer in exceptional cases, for example, in case of material breaches of obligations under an Agreement by a Buyer or uses the Online Store and/or Customer Self-Service in such a way, which would compromise security of the Seller’s systems prevent or impede the use of the Online Store and/or Customer Self-Service by other Buyers;
7.1.2. cancel an Order within 5 (five) business days if it is not paid for;
7.1.3. if due to convincing reasons the Seller is unable to fulfil Buyer’s Order in a timely and proper manner, change terms and time of delivery in agreement with a Buyer, or terminate the Order by informing a Buyer and refunding Buyer’s payment;
7.1.4. temporarily or permanently discontinue operation of the Online Store and/or Customer Self-Service, modify the Online Store and/or Customer Self-Service or individual parts thereof, entire and any content thereof, restrict purchases made therein, change web address of the Online Store, restrict number of registered Buyer, without prior notice to a Buyer. The Seller shall not be held liable for any adverse effects on a Buyer caused by such actions;
7.1.5. change the Terms and Conditions, prices of the Goods, conditions of purchase and/or any other instructions related to the Online Store and/or Customer Self-Service by announcing such changes on the Online Store and/or Customer Self-Service. A Buyer shall have the right to object to such changes, provided that they are relevant and applicable to him.
7.2. The Seller undertakes:
7.2.1. to use its best endeavours to deliver the Goods to a Buyer in a timely and proper manner;
7.2.2. if due to convincing reasons the Seller is unable to deliver the Goods to a Buyer, to offer a Buyer an alternative or substantially similar Goods, and, if a Buyer refuses to accept such Goods, to refund money paid by a Buyer within 5 (five) working days;
7.2.3. enable a Buyer to use the Online Store and Customer Self Service;
7.2.4. process personal data of a Buyer or a Buyer’s representatives in accordance with its obligations for processing of personal data arising from the law. Personal data shall be processed to the extent and for the purposes set out in these Terms and Conditions, including, but not limited to, making personal data available for processing by third parties, including, but not limited to, Seller’s data processors, law enforcement authorities, other third parties related to Seller’s legitimate interests, etc.
8. PAYMENT FOR GOODS
8.1. Prices of the Goods in the Online Store, Customer Self Service and/or the Order are quoted in Euros inclusive of VAT. The Goods shall be sold to a Buyer at the prices valid at the time of Order placement in the Online Store or Customer Self-Service. If a Buyer disagree with a price of the Goods as set out in the Online Store, Customer Self Service or the Order, a Buyer shall not be able to proceed with ordering of the Goods.
8.2. Unless otherwise specified by the Seller, delivery of the Goods and other additional services offered by the Seller are chargeable and are not included in the price of the Goods. Сharges for delivery of the Goods and additional services shall be shown to a Buyer prior to confirmation of an Order.
8.3. A Buyer may pay for the Goods in the following ways:
8.3.1. payment can be made using Swedbank, SEB, Luminor, Citadele, Šiaulių Bankas electronic banking services and Visa / MasterCard payment cards. Payments can be made in Euro currency. Payments are processed using the MakeCommerce.lt payment platform.
8.4. Payments in the Online Store and/or Customer Self-Service are accepted via the MakeCommerce.lt payment platform.
8.5. When a Buyer orders Goods on the basis of a custom order, a Buyer shall pay the Seller an advance payment in the amount specified by the Seller. Fulfilment of a Custom Order shall start only upon receipt of the advance payment. Final payment of the full price of the Goods shall be made by the date specified by the Seller before the Goods are shipped to a Buyer. The Goods shall not be shipped until a Buyer has paid the full price of the Goods.
8.6. In case of prepayment, Order fulfilment shall commence when the Seller receives confirmation of a Buyer’s payment (advance payment).
8.7. VAT invoice (hereinafter referred to as the “Invoice”) to be submitted to a Buyer shall list selected Goods, quantity thereof, discounts to be applied, the final price of the Goods, including all taxes, and any other mandatory data required for submission by governing bookkeeping laws. The invoice shall, at the Seller’s discretion, be delivered to a Buyer at a Buyer’s e-mail address, through the Customer Self Service or delivered to a Buyer together with shipment of the Goods.
9. DELIVERY OF GOODS
9.1. Goods shall be prepared for collection (delivery) at the Seller’s place of manufacture. If the Parties agree on the delivery of Goods to a Buyer, conditions set out in this section below shall apply.
9.2. Goods shall be delivered within the territory of the Republic of Lithuania.
9.3. Delivery of Goods to an address specified by a Buyer shall be made by a courier or logistic company selected by the Seller and to delivery of Goods, terms and conditions set out by such companies shall apply.
9.4. Price for delivery of Goods shall be shown to a Buyer at the bottom of the Order, before payment is made. Delivery price shall be payable together with payment for Goods.
9.5. Goods shall be delivered within the timeframe set out in the Seller’s Online Store. Countdown of delivery time shall be calculated from the date of Order confirmation. If the Seller becomes aware that delivery will be delayed due to certain circumstances, the Seller shall notify a Buyer as soon as possible using contact information provided by a Buyer.
9.6. Delivery of Goods shall be made on working days during business hours of delivering company.
9.7. A Buyer shall be informed about exact date and time of delivery of Goods by email and/or telephone. The Seller shall not guarantee that in all the cases Goods will be delivered within the delivery dates specified in the Terms and Conditions, in the Online Store, as well as individually to a Buyer, if the ordered Goods are not available in a Seller’s warehouses, or when Goods cannot be delivered due to other circumstances (emergency situations, quarantines or other similar reasons). In such a case, the Seller shall immediately contact a Buyer and agree on new date for delivery of Goods.
9.8. Goods shall be delivered to the address specified by a Buyer. A Buyer undertakes to accept Goods personally or provided contact information of a person in charge of accepting ordered Goods. A Buyer may be asked to provide proof of identity at the time of delivery of Goods, as well as information about the Order sent by the Seller to a Buyer.
9.9. In the event that a Buyer is unable to accept Goods personally and Goods have been delivered and handed over at the address specified by a Buyer and on the basis of other data provided by a Buyer, a Buyer shall not have the right to make any claim against the Seller regarding delivery of Goods to a wrong person.
9.10. If Goods are ordered with different delivery dates in the same Order, in such case partial delivery may be arranged by agreement between the Parties or a longer delivery date may be applied to the whole Order.
9.11. A Buyer shall specify an exact place of delivery of Goods and create suitable conditions for unloading of Goods (unlocking of gate, raising barrier, opening doors, etc.).
9.12. If a Buyer fails to collect Goods delivered and the Seller fails to contact or agree on other delivery date for more than 3 (three) days after Goods have been returned for non-delivery, an Agreement shall be deemed as fulfilled. In such case, the Seller shall be entitled to non-return to a Buyer of a payment made by a Buyer for Goods.
9.13. If a Buyer fails to collect Goods delivered to a Buyer, such Goods shall be returned to Seller’s warehouse and 3 (three) days after the return of the Goods, the Seller shall charge a Buyer a penalty at the rate of 0,05 per cent of the price of Goods per day. Penalty shall accrue until the date of collection of Goods and shall be paid by a Buyer prior to collection of Goods.
9.14. During acceptance of Goods, a Buyer shall inspect condition of delivery, quantity, quality and completeness of Goods. If damage to packaging of Goods is detected, but no discrepancy in quantity, quality or completeness of Goods is established, a Buyer shall make a note about such damage to the packaging of Goods in delivery confirmation document or in the forms provided by a person who delivered Goods. In such a case, Goods shall be deemed to have been delivered in damaged packaging, but quantity, quality and range of Goods are in conformity with the terms of Agreement and delivery of Goods is deemed to have been properly fulfilled.
9.15. If at the time of delivery, a Buyer has accepted Goods without completing a Goods damage form, Goods shall be deemed to have arrived without damage. In this case the Seller shall not be held liable for (a) damage to Goods, unless it is manufacturing defect; (b) inconsistencies in completeness of Goods, if such completeness can be detected by visual inspection.
9.16. In the event of any discrepancy in quality, quantity and/or assortment of Goods, a Buyer may refuse to accept such Goods. A respective note about refusal to accept Goods and damages found shall be made by a Buyer in a delivery confirmation document and/or in forms provided by a person who delivered the Goods. If a qualitative defect in Goods is noted during delivery acceptance or immediately after delivery, original packaging of Goods shall be retained.
9.17. If a Buyer accepts Goods without objection, Goods shall be deemed to have been delivered in an undamaged packaging, and quantity, quality and range of Goods are in accordance with the terms of an Agreement, while additional services related to sale and delivery of Goods have been rendered in a satisfactory manner, except when damages or inconsistencies could not be identified immediately.
9.18. Goods shall be deemed to have been handed over to a Buyer when Goods have been delivered to the address specified in a Buyer’s order and a person who has accepted the Goods has signed Goods acceptance receipt or invoice or other delivery document.
9.19. If Goods are not delivered in time, a Buyer shall notify the Seller immediately, but not later than within 1 (one) business day. Otherwise, a Buyer shall not be able to make claim against the Seller for late delivery of Goods.
9.20. The Seller shall be exempt from liability for breach of delivery deadlines for Goods if Goods are not delivered to a Buyer or are not delivered in time due to a Buyer’s fault or due to circumstances beyond Buyer’s control. Goods returned to the Seller for such reasons will not be re-sent to a Buyer until a Buyer pays additional delivery costs.
10. QUALITY AND WARRANTY
10.1. Properties of Goods for sale shall be set out in description accompanying each Good. Colour, shape or other parameters of Goods in the Online Store may not correspond to the actual size, shape and colour of Goods due to characteristics of electronic devices used by a Buyer or for other technical reasons beyond Buyer’s control, as well as due to any reasonably possible discrepancies in appearance.
10.2. Goods purchased in the Online Store shall be subject to specified warranty terms and conditions. Goods shall be subject to a warranty period of 2 (two) years as provided for in the Civil Code of the Republic of Lithuania.
10.3. Goods purchased by Corporate Buyers are subject to a 3 (three) month warranty.
10.4. When applying for warranty service, it is necessary to provide an order number or proof of purchase.
10.5. Warranty period shall start from the date of delivery of Goods.
10.6. Warranty Terms apply when:
10.6.1. A Buyer shall follow assembly manual guidelines when assembling Goods;
10.6.2. Goods are used for their intended purpose;
10.6.3. Warranty shall apply to deficiencies in quality of Goods occurring due to the fault of a manufacturer.
10.7. Warranty shall not apply when:
10.7.1. a Buyer has not complied with rules of usage and maintenance of Goods;
10.7.2. Goods have been damaged due to a Buyer’s fault, there are signs of mechanical damage, signs of attempts to disassemble Goods, etc.;
10.7.3. condition of Goods has changed due to natural wear and tear;
10.7.4. Goods have been affected by environmental factors, Force Majeure circumstances.
10.8. If a Buyer detects a quality defect of Goods during the warranty period, a Buyer shall notify the Seller by filling in an inquiry form in the Online Store or by contacting the Seller by e-mail: salescoordinator@fpifurniture.eu.
10.9. The Seller undertakes to replace defective Goods at its own expense within the shortest possible time or to offer some other way of resolving the issue.
10.10. Warranty maintenance services for the Goods shall be provided by the Seller.
10.11. Goods for after-sales service shall be delivered by a Buyer.
10.12. The Seller undertakes to resolve a claim within the shortest possible time by agreement between the Parties.
11. RIGHT OF WITHDRAWAL FROM AGREEMENT, RETURN AND EXCHANGE OF GOODS
11.1. A Buyer shall have the right to withdraw from an Agreement, without specifying any particular reason, within 14 (fourteen) days after a Buyer or a person designated by a Buyer (except transport operator) has received the Goods. When a Buyer has purchased several Goods under an Agreement, his right of withdrawal shall apply in respect of all or a part of the Goods. The conditions set out in Clauses 11.2 to 11.22 of these Terms & Conditions shall apply when Goods are returned by a Buyer, who is a user of Goods.
11.2. The right of withdrawal from a distance agreement does not apply to the following agreements:
11.2.1. service agreement, when services with consumer’s consent have been provided in full, prior to declaration of withdrawal;
11.2.2. agreements for Goods made to the consumer’s specific requirements (custom orders), which are not pre-manufactured and which are made in accordance with consumer’s personal preferences or requirements, or for Goods which are expressly tailored to consumer’s personal needs;
11.2.3. other agreements provided for in Article 6.228 (10)(2) of the Civil Code of the Republic of Lithuania.
11.3. In order to exercise the right to withdraw from an Agreement, a Buyer shall notify the Seller by e-mail salescoordinator@fpifurniture.eu of his/her decision, making clear statement, as well as provide documents confirming purchase of Goods (invoice, receipt, etc.). In order to comply with withdrawal period requirement, it shall be sufficient for a Buyer to send a notification about implementation of his right to withdrawal from Agreement before the expiry of withdrawal period.
11.4. Following submission of written notification about withdrawal and other information specified by the Seller, a Buyer shall, without delay and no later than 14 (fourteen) days following date of sending such notice to the Seller, send (hand over) Goods to the Seller or Seller’s designated representative.
11.5. A Buyer shall be responsible for ensuring that Goods are properly packed for return. A Buyer shall bear direct costs of returning Goods, unless the Seller instructs a Buyer otherwise after receipt of the notice about withdrawal. The Seller shall not reimburse a Buyer any cost incurred by a Buyer in choosing a method of returning Goods other than the cheapest standard and safe method.
11.6. Goods shall be returned to the following address: 31, Liuksemburgo aklg. 31, LT-46401, Kaunas.
11.7. A Buyer shall be paid a refund for returned Goods, including delivery costs, after Goods are returned to the Seller. The Seller shall not be obliged to reimburse a Buyer for any additional costs incurred as a result of a Buyer’s express choice of a delivery method other than the cheapest conventional delivery method offered by the Seller. The money shall be refunded to a Buyer by a bank transfer to the account from which the payment was made or to an account additionally specified by a Buyer if payment was not made by a bank transfer. If the returned Goods comply with the requirements of the Terms and Conditions, the money will be transferred to a Buyer’s bank account no later than 5 (five) working days after receipt of the returned Goods.
11.8. The Seller shall not be deemed to be in breach of the Refund Conditions if the Seller is unable to transfer money due to a Buyer’s fault (delay in returning Goods, failure to provide information about dispatch of Goods, failure to provide a bank information, inaccurate data, etc.).
11.9. In cases other than withdrawal from an Agreement, if a Buyer does not like shape, size, colour, model or completeness of Goods, a Buyer may return Goods in accordance with the procedure set out in the Rules and legislation of the Republic of Lithuania. A Buyer may not return Goods, if law of the Republic of Lithuania does not allow for return of such Goods. Some quality goods, such as electrical appliances, individually manufactured goods, as well as properly rendered services, cannot be returned. List of such goods is set out in the Government Resolution No 738 of 22 July 2014 “Regarding amendment of the Government Resolution No 697 of 11 June 2001 “On approval of retail trade rules”.
11.10. Defective Goods shall be rectified, low-quality Goods shall be replaced or returned in accordance with the procedure set out in these Terms and Conditions and in accordance with requirements of the applicable legislation of the Republic of Lithuania.
11.11. A Buyer wishing to submit a complaint regarding defective Goods may do so in the Online Store or by sending an e-mail to salescoordinator@fpifurniture.eu
11.12. When submitting a claim, a Buyer shall provide an invoice (number) or other document (e.g., a receipt) confirming purchase of Goods from the Seller and provide the following information:
11.12.1. Goods order number;
11.12.2. description of defects in quality of Goods;
11.12.3. submission of evidence, such as a photograph of Goods or packaging, etc.
11.13. When submitting a claim, a Buyer shall specify how he/she wishes the claim to be resolved:
11.13.1. the Seller rectifies defects in Goods, free of charge, within a reasonable period of time, if such defects can be rectified;
11.13.2. the Seller replaces Goods with Goods of appropriate quality.
11.14. The Seller shall be entitled to refuse to remedy defects related to quality of Goods or to replace Goods if it is not possible to rectify defects in quality of Goods or to replace Goods, or if this would cause the Seller to incur disproportionate costs, taking into account all the circumstances, including a) value of Goods if Goods would be not defective, b) significance of defects (non-conformities) of Goods, and c) whether imposition of such a requirement would not cause any inconvenience for a Buyer.
11.15. If the Seller fails to remedy a defect in quality of Goods, fails to replace or refuses to replace Goods, if a defect in Goods has occurred although the Seller has attempted to repair Goods, if a defect in Goods is material, if the Seller declares, or it is clear from the circumstances, that the Seller will not remedy or repair or replace Goods within a reasonable time or that it will cause significant inconvenience to a Buyer, a Buyer shall be entitled:
11.15.1. to demand a respective reduction in price of Goods;
11.15.2. terminate Agreement and require refund of price paid for Goods.
11.16. Following review of a claim, the Seller shall provide a Buyer with a reply on decision taken and actions to be implemented within 14 (fourteen) days from the date of receipt of Buyer’s claim.
11.17. Money for returned defective Goods shall be transferred to a Buyer’s bank account no later than within 14 (fourteen) days from the date of return of Goods.
11.18. If a Buyer returns Goods due to defects in quality of Goods, the Seller undertakes to fully refund to a Buyer price paid for defective Goods and reimburse the costs of delivery and return. If only a part of Goods is returned, delivery cost shall be refunded only if the remaining Goods of the same order, when purchased alone, would have been subject to a lower rate than the rate applicable when the Goods were purchased together with the returned Goods and only to the extent of the difference between the said rates. If a method for returning of Goods other than that offered by the Seller has been chosen which results in disproportionate or higher costs, the Seller shall not be obliged to cover such costs for returning of Goods.
11.19. The Seller shall have no obligation and shall not be held liable regard to the warranty of Goods specified in this Section, if defects occurred after delivery to a Buyer or as a result of improper storage, handling or usage of Goods, or if Goods are used for purposes other than those for which they are intended or not in accordance with their specifications.
11.19.1. When a Buyer returns Goods, the following conditions shall be complied with:
11.19.2. Goods shall be in their original packaging or in any other kind of orderly packaging;
11.19.3. Goods shall be undamaged by a Buyer;
11.19.4. Goods shall be in unused and good condition, i.e., labels shall be intact, a protective film shall not be torn off, etc. (this clause does not apply to Goods returned due to poor quality);
11.19.5. Goods shall be in the same condition as they were received by a Buyer;
11.19.6. when returning Goods, it is necessary to submit an invoice or receipt confirming purchase of Goods and to fill in a Goods Return Form.
11.20. If returned Goods are not fully complete, are damaged, defective and/or improperly packaged, the Seller shall have the right not to accept returned Goods and not to refund the money paid by a Buyer for returned Goods. In such cases, the Seller shall return Goods to a Buyer.
11.21. Before returning or exchanging Goods of poor quality, as well as in cases when Goods of good quality are returned for reasons other than cancellation of Agreement, a Buyer shall write to salescoordinator@fpifurniture.eu and agree on conditions for returning or exchanging Goods.
11.22. Corporate Buyers shall contact salescoordinator@fpifurniture.eu for return or exchange of Goods.
12. PROMOTIONS AND DISCOUNTS
12.1. The Seller may, at its sole discretion, initiate promotions and discounts on the Online Store.
12.2. Details relating to discounts or promotions are available on the Online Store at the time of implementation of specific promotion or discount.
12.3. When a Buyer purchases Goods for which the Seller offers a discount or gift and a Buyer exercises Buyer’s right to return Goods, a Buyer shall be refunded only the amount actually paid by a Buyer for Goods.
12.4. The Seller has the right to unilaterally change terms and conditions of any promotion or discount or to cancel them without prior notice. Any modification or cancellation of promotions and discounts shall be effective from the moment of their publishing.
13. LIABILITY OF THE PARTIES
13.1. The Seller shall be exempt from liability in cases when loss is caused by a Buyer’s failure to read the Terms and Conditions and/or the Conditions of Sale and Purchase, despite having been given an opportunity to do so, though a Buyer was provided with such an opportunity.
13.2. In the event of damage, the Party at fault shall indemnify the other Party against direct damages, unless otherwise provided by law.
13.3. The Seller shall not be held liable for non-performance of an Agreement and/or non-delivery or delayed delivery of Goods if this is due to the fault of third parties or due to occurrence of circumstances, which could not be controlled and reasonably foreseen by the Seller at the time of conclusion of an Agreement, and the Seller could not have prevented such circumstances and their consequences (force majeure circumstances, such as, for example, a fire, actions of state authorities, a declaration of a state of emergency, a declaration of a quarantine, hostilities, civil disturbances or attack on the premises of the Seller, an attack against Online Store and other electronic systems used by the Seller, including those managed by Seller’s service provider, etc.). If the above circumstances persist for more than 1 (one) month, the Parties may terminate Agreement by mutual agreement.
13.4. A Buyer is responsible for accuracy of registration data or purchase data. If a Buyer fails to provide accurate registration data or purchase data and/or fails to update it in timely manner, the Seller shall not be held liable for any consequences arising therefrom.
13.5. A Buyer shall not be liable for transfer of registration data or purchase data to third parties. If services provided by the Online Store are used or Goods or Services are purchased by a third party who has logged into the Online Store using a Buyer’s login data, the Seller shall consider this person to be a Buyer, and a Buyer shall be subject to all the obligations arising therefrom.
13.6. The Seller shall be held liable for malfunction of the Online Store and for any direct loss or damage suffered by a Buyer or third parties as a result thereof, as far as they occurred due to Seller’s intentional actions.
13.7. If the Online Store contains links to websites of other companies, institutions, organisations or persons, the Seller shall not be held liable for information contained therein or activities carried out therein, and shall not supervise, control or represent such companies or persons.
14. FINAL PROVISIONS
14.1. Information contained in the Online Store, such as the Terms and Conditions, information about the Seller, offered Goods and their properties, procedure for exercising Buyer’s right to withdraw from Agreement, Seller’s maintenance services and warranties, etc., shall be deemed to be submitted to a Buyer in writing.
14.2. The Law of the Republic of Lithuania shall apply to the Terms and Conditions and Agreement.
14.3. The Seller may at any time assign its rights and obligations under these Conditions and Agreement to third parties without a Buyer’s consent and without notice to a Buyer.
14.4. Any disagreement between a Buyer and the Seller regarding the Terms and Conditions shall be settled by negotiation. If the Parties fail to resolve a dispute by negotiation within 30 (thirty) days, such dispute shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
14.5. A Buyer may submit a request and/or a complaint regarding Goods or services purchased in the Online Store to the State Consumer Rights Protection Service (address Vilniaus g. 25, 01402 Vilnius, tel. 852626751, fax. 852791466, e-mail tarnyba@vvtat.lt, website www.vvtat.lt, its territorial units in the counties) or by filling in a request form on the Electronic Consumer Dispute Resolution Platform available at http://ec.europa.eu/odr/, but prior to that, a Buyer shall contact the Seller, as provided for by the applicable legislation. This clause does not apply to Corporate Buyers.