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Terms of purchase

 

1. GENERAL PROVISIONS

These purchase and sale rules (hereinafter referred to as the Rules) establish the mutual rights, obligations and responsibilities of the person purchasing goods in the online store (hereinafter referred to as the Buyer) and UAB "Addmore" (hereinafter referred to as the Seller) when the Buyer purchases goods in the online store. By purchasing goods in the online store, the Buyer agrees to these Rules.

 

2. CONCLUSION OF THE PURCHASE AND SALE AGREEMENT

2.1. The purchase and sale agreement between the Buyer and the Seller shall be deemed concluded from the moment when the Buyer, having created a shopping cart in the online store, provided the Buyer's first name, surname (in Latin characters) and delivery address, selected a payment method, reviewed these Rules and clicked the "Order" button. The agreement shall remain valid until all obligations under it have been fully performed. If the Buyer does not agree with all or any part of the Rules, the Buyer must not place an order.

2.2. Each agreement concluded between the Buyer and the Seller is stored in the Seller's database.

2.3. By concluding the agreement, the Buyer agrees that an electronic VAT invoice containing the purchase details will be sent to the email address provided at the time of purchase. The invoice shall be sent by email on business days within 3 business days from the moment the Buyer collects the order or the Seller hands over the goods to the courier (if the goods are delivered to the Buyer using courier services).

 

3. BUYER'S RIGHTS

3.1. The Buyer has the right to purchase goods in the online store in accordance with these Rules and the laws of the Republic of Lithuania. These Rules do not grant the Buyer the right to conclude a purchase and sale agreement for goods in the online store without complying with the delivery procedure provided for in Section 7 of the Rules or to require the goods to be delivered by methods other than those specified in Clause 7.1 of the Rules.

3.2. The Buyer's (consumer's) right to withdraw from a purchase and sale agreement concluded with the Seller in the online store shall not apply to the following agreements:

3.2.1 service agreements under which the services have been fully provided to the consumer, provided that, before the provision of the services began, the consumer gave explicit consent and acknowledged that the right to withdraw from the agreement would be lost once the trader had fully performed the agreement;

3.2.2 agreements under which the price of goods sold or services provided depends on fluctuations in the financial market during the withdrawal period specified in paragraph 1 of this Article;

3.2.3 agreements for goods made according to the consumer's specific instructions, which are not prefabricated and are made on the basis of the consumer's individual choice or decision, or for goods that are clearly personalised to the consumer's individual needs;

3.2.4 agreements for goods that are liable to deteriorate or expire rapidly;

3.2.5 agreements for sealed goods which were unsealed after delivery and are not suitable for return due to health protection or hygiene reasons;

3.2.6 agreements for goods which, after delivery, due to their nature, become inseparably mixed with other items;

3.2.7 agreements for alcoholic beverages whose price was agreed at the time of conclusion of the purchase and sale agreement and which are delivered thirty days after conclusion of the agreement, where the actual value of the beverages depends on market fluctuations;

.3.2.8 agreements concluded after the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on such an occasion, the trader provides additional services beyond those specifically requested by the consumer or supplies additional goods other than replacement parts necessarily used in carrying out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;

3.2.9 agreements for sealed audio or video recordings or sealed computer software which were unsealed after delivery;

3.2.10 agreements for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements for the supply of such publications;

3.2.11 agreements concluded at a public auction;

3.2.12 agreements for accommodation, transport of goods, car rental, catering or leisure services where the agreement provides for a specific date or period of performance;

3.2.13 agreements for the supply of digital content where the supply of digital content has begun with the consumer's prior explicit consent and acknowledgement that the consumer thereby loses the right of withdrawal.

3.3. The Buyer has the right to request that defects in purchased goods be remedied. In this respect, Article 6.338 of the Civil Code of the Republic of Lithuania shall apply:

"Time Limits for Making Claims Concerning Defects in Sold Goods

1. Unless otherwise provided by the agreement or by law, the buyer has the right to make claims concerning defects in sold goods if such defects were identified within the time limits specified in this Article.

2. Where no quality guarantee period or shelf-life period has been established for an item, the buyer may make claims concerning defects within a reasonable period, but no later than two years from the date of transfer of the item, unless a longer period is provided by law or the agreement. The time limit for making claims concerning defects in goods transported or sent by post shall be calculated from the date on which the goods arrive at their destination.

3. Where a quality guarantee period has been established for an item, claims concerning defects in the item may be made if the defects are identified during the guarantee period. If a component is subject to a shorter quality guarantee period than the main product, a claim concerning defects in the component may be made during the quality guarantee period applicable to the main product. If a component is subject to a longer quality guarantee period than the main product, a claim concerning defects in the component identified during its guarantee period may be made irrespective of whether the quality guarantee period of the main product has expired.

4. Claims concerning defects in an item for which a shelf-life period has been established may be made if the defects are identified during the shelf-life period of the item.

5. Where the agreement establishes a quality guarantee period shorter than two years and defects in the item are identified after expiry of that period but before two years have elapsed from the date of transfer of the item, the seller shall be liable for the defects if the buyer proves that the defect existed before the item was transferred or arose from causes existing before the transfer of the item for which the seller is responsible."

 

4. BUYER'S OBLIGATIONS

4.1. The Buyer must pay the price of the goods and their delivery, as well as any other payments (if specified when concluding the agreement), and accept the ordered goods. The Buyer shall pay for the goods using online banking, by making a payment to the Seller's account specified in the "Pro Forma Invoice", or in cash (cash payment is available to Buyers who have previously purchased goods at least once and paid for them using online banking by transferring the payment to the Seller's account).

4.2. If the information provided in the Buyer's registration form changes, the Buyer must immediately notify the Seller by email at [email protected].

4.3. The Buyer must make the bank transfer according to the provided pro forma invoice, accurately specifying the information stated in the pro forma invoice (recipient, amount, payment reference). If the Buyer makes a transfer without providing all required information, the Buyer must send the Seller a separate email ([email protected]) notifying the Seller of the payment no later than within 24 hours after clicking the "Order" button. If the payment transfer is not confirmed within this period or the Seller does not receive a separate email notification regarding the payment, the Seller has the right to consider that the Buyer has withdrawn from the purchase and sale agreement. The goods selected by the Buyer are reserved and the Seller begins performance of the purchase and sale agreement only after the Seller receives notification from the Buyer's bank or from the Buyer confirming payment for the selected goods.

4.4. The Buyer must comply with all other requirements established in these Rules and in the laws of the Republic of Lithuania.

 

5. SELLER'S RIGHTS

5.1. If the Buyer attempts to interfere with or disrupt the operation or stable functioning of the online store, the Seller may, without prior notice, restrict, suspend or terminate the Buyer's ability to use the online store and shall not be liable for any losses incurred by the Buyer as a result.

5.2. The Seller has the right to unilaterally amend these Rules by publishing the amended Rules on the online store's website. Amendments shall take effect from the moment of publication and shall apply to all transactions concluded after publication.

5.3. The Seller has all other rights provided for in these Rules and in the laws of the Republic of Lithuania.

 

6. SELLER'S OBLIGATIONS AND WARRANTIES

6.1. The Seller undertakes to make reasonable efforts to enable the Buyer to properly use the services provided by the online store.

6.2. The Seller undertakes to comply with all other requirements established in these Rules.

6.3. The Seller guarantees the quality of the goods.

6.4. The goods are provided with a 2-year warranty.

6.5. The warranty period for the quality of goods is determined in accordance with Article 6.335 of the Civil Code of the Republic of Lithuania:

"1. Laws or the agreement may provide that the seller's quality guarantee for goods shall apply for a specified period. In such a case, the guarantee shall apply to all components of the goods unless otherwise provided by law or the agreement.

2. The guarantee period shall begin from the date of transfer of the goods unless otherwise provided by the agreement.

3. If the buyer is unable to use goods for which a quality guarantee period has been established due to circumstances attributable to the seller, the guarantee period shall not run until the seller removes those circumstances.

4. Unless otherwise provided by the agreement, the guarantee period shall be extended by the period during which the buyer was unable to use the item due to defects, provided that the buyer properly notified the seller of the identified defects.

5. The quality guarantee period for components shall be the same as for the main product and shall begin at the same time as the quality guarantee period for the main product, unless otherwise provided by the agreement.

6. Where the seller replaces an item or a component thereof during the established quality guarantee period, the same quality guarantee period that applied to the original item or component shall apply to the replacement item or component, unless otherwise provided by the agreement."

 

7. DELIVERY OF GOODS

7.1. The goods are delivered by a transport company at the Buyer's expense. In individual cases specified by the Seller, the goods are delivered at the Seller's expense.

7.2. If the Buyer selects home delivery when placing an order, the Buyer undertakes to provide the exact delivery address. The exact delivery price depends on the weight and price of the ordered goods.

7.3. The service of carrying the goods into the premises must be ordered separately before payment for the goods and selected services. The Buyer pays for the carrying service.

7.4. Goods are normally delivered to the address specified by the Buyer within 5–7 business days after payment for the goods and transportation has been received, provided the goods are available in the Seller's warehouses. The Seller does not guarantee that the goods will in all cases be delivered within the period specified in the preceding sentence, particularly if the ordered goods are not available in the Seller's warehouses. Goods are delivered throughout the territory of the Republic of Lithuania, including the Curonian Spit (an additional surcharge applies).

7.5. The delivery date and time shall be specified in the notification sent by the Seller to the email address provided by the Buyer in the registration form. Accordingly, after concluding the purchase and sale agreement, the Buyer undertakes to check the specified email inbox every day until a notification regarding delivery of the goods has been received.

7.6. At the time of delivery, the Buyer or, where applicable, the Buyer's representative must, together with a representative of the transport company, inspect the condition of the shipment packaging and verify the quantity, quality and assortment of the goods.

7.6.1. If damage to the shipment packaging or discrepancies in the quantity, quality or assortment of the goods are identified, the Buyer or, where applicable, the Buyer's representative must refuse to accept the shipment. In such a case, the representative of the transport company, together with the Buyer or, where applicable, the Buyer's representative, shall complete a special shipment inspection report specifying the identified damage or discrepancies.

7.6.2. If the Buyer or, where applicable, the Buyer's representative accepts the shipment and signs, without remarks, the electronic data terminal or paper delivery confirmation provided by the representative of the transport company, the goods shall be deemed to have been delivered in undamaged shipment packaging, the quantity, quality and assortment of the goods shall be deemed to comply with the terms of the purchase and sale agreement, and any additional services specified in the electronic data terminal or paper delivery confirmation shall be deemed to have been properly performed, unless proven otherwise.

7.7. Once the goods have been delivered and handed over at the address specified by the Buyer, the goods shall be deemed to have been transferred to the Buyer regardless of whether they are actually accepted by the Buyer or by another person accepting the goods at the specified address. If the goods are not delivered on the scheduled delivery date, the Buyer must immediately, but no later than the day following the scheduled delivery date, notify the Seller thereof.

7.8. If the goods will be accepted by a person other than the Buyer, the Buyer must provide the details of the person who will accept the goods when completing the order delivery information.

7.9. When accepting the goods, a valid identity document (identity card, passport or new-format driving licence) must be presented. If the Buyer is unable to accept the goods personally and the goods are delivered to the address specified by the Buyer, the Buyer shall not be entitled to make claims against the Seller regarding delivery of the goods to an incorrect person.

7.10. The ordered goods must be collected no later than within 5 (five) business days after the Seller informs the Buyer by email that the goods are ready for collection, unless otherwise specified in the delivery notification.

 

8. LIABILITY

8.1. The Buyer is responsible for the accuracy of the information provided in the registration form. The Buyer assumes responsibility for any consequences arising from incorrect or inaccurate information provided in the registration form.

8.2. The parties shall be liable for breaches of the purchase and sale agreement concluded through the online store in accordance with the laws of the Republic of Lithuania.

8.3. Taking into account the provisions of Article 8(3) of the Law on Electronic Signatures of the Republic of Lithuania, the Buyer and the Seller agree that confirmation of the Buyer's actions in the online store using the Buyer's online store login details (identification code) shall have the legal effect of an electronic signature established in Article 8(1) of the Law on Electronic Signatures (i.e. it shall have the same legal effect as a signature on written documents and shall be admissible as evidence in court). The Buyer must protect the Buyer's login details for the online store and must not disclose them, must ensure that such details are known only to the Buyer and used only by the Buyer, and must not transfer them or otherwise provide other persons with access to or the ability to use such details. If there is any suspicion that another person may have obtained the login details, the Buyer must immediately notify the Seller and must also immediately inform the Seller of any breach or disclosure of the online store login details. All actions performed using the Buyer's identification code shall be deemed to have been performed by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.

8.4. The Seller shall not be responsible for information provided on the websites of other companies, even if the Buyer accesses such websites through links available in the Seller's online store.

8.5. The Seller shall not be responsible if the colour, shape or other parameters of goods displayed in the online store do not correspond exactly to the actual size, shape or colour of the goods due to the characteristics of the display device used by the Buyer.

 

9. PROCESSING OF PERSONAL DATA

9.1. By clicking the "Order" button, the Buyer confirms that the Buyer and the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree to provide the Seller with their personal data specified in these Rules and in the registration form and do not object to the Seller processing the personal data provided by the Buyer and/or the Buyer's representatives for the purpose of online commerce.

9.2. By clicking the "Order" button, the Buyer confirms that the Buyer and the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree that the personal data of the Buyer and/or the Buyer's representatives provided by them may be disclosed to third parties selected by the Seller so that such third parties may process the data for the purpose of online commerce, as described in the following clause.

9.3. By clicking the "Order" button, the Buyer confirms that the Buyer and the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree, when collecting the goods at the collection point, to present to the Seller and/or a third party delivering the goods on the Seller's instructions one of the following identity documents: passport, identity card or new-format driving licence, for the purpose of properly identifying the Buyer and/or the Buyer's representatives for online commerce purposes.

9.4. By clicking the "Order" button, the Buyer confirms that the Buyer and the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree that the personal data of the Buyer and/or the Buyer's representatives may be provided to the bank selected by the Seller (hereinafter referred to as the Bank) and the technical provider of the Bank's payment portal service (hereinafter referred to as the Payment Portal Technical Provider) for online commerce purposes and agree that such parties may process the data. The Seller informs the data subject that the data subject has the right to withdraw any previously given consent to the processing of personal data and has the right to request restriction of the processing of the data subject's personal data by the Bank and the Payment Portal Technical Provider.

9.5. By checking the box "I agree to receive news", the Buyer confirms that the Buyer and the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree that the Seller may process the personal data of the Buyer and/or the Buyer's representatives provided to the Seller for direct marketing purposes. The Seller states that the Seller will not process the personal identification numbers of the Buyer (if the Buyer is a natural person) or the Buyer's representatives for direct marketing purposes.

9.6. By checking the box "I agree to receive news", the Buyer confirms that the Buyer and/or the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree that the personal data provided to the Seller, i.e. the data subject's email address, may be provided to UAB "Addmore" for processing for direct marketing purposes as described in the following sentence. By checking the box "I agree to receive news", the Buyer confirms that the Buyer and/or the Buyer's representatives (the Buyer has obtained the consent of the Buyer's representatives) agree to receive informational and advertising materials about services and goods from the Seller and UAB "Addmore" at the address specified in the registration form and/or another address provided by the Buyer or the Buyer's representatives, by SMS, by telephone call to the specified mobile telephone number, or by email.

9.7. By clicking the "Order" button, the Buyer confirms that the Buyer (if the Buyer is a natural person) and the Buyer's representatives have been informed of their right to access their personal data being processed and information about how such data is processed, to request correction, updating or deletion of their personal data or suspension of personal data processing operations where the data is processed in violation of applicable laws, and to object to the processing of their personal data for any of the purposes.

9.8. By clicking the "Order" button, the Buyer confirms that the Buyer and the Buyer's representatives are aware of their right to refuse to provide their personal data, but understand that the personal data is required and necessary in order to unambiguously identify the Buyer and/or the Buyer's representatives for online commerce purposes and that, if personal data is not provided and/or consent is not given for its processing for online commerce purposes, it will not be possible to conclude and/or perform the agreement.

9.9. The Seller states that it duly complies with the personal data processing requirements established by applicable legislation.

 

10. SENDING OF INFORMATION

10.1. The Seller shall send all notifications to the email address provided by the Buyer in the registration form.

10.2. The Buyer shall send all notifications and questions to the address specified in the "Contacts" section of the Seller's online store.

 

11. FINAL PROVISIONS

11.1. These Rules do not limit the rights of the Buyer (consumer) established by the laws of the Republic of Lithuania, including rights arising from the purchase of goods or services of inadequate quality.

11.2. All disputes arising out of or in connection with the purchase and sale agreement between the Buyer and the Seller shall be resolved through negotiations. If an agreement cannot be reached, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.

 

12. RETURN OF GOODS

Requests or complaints concerning goods or services purchased from our online store may be submitted to the State Consumer Rights Protection Authority at Vilniaus g. 25, LT-01402 Vilnius, email [email protected], tel. 852626751, fax 8527914666, website www.vvtat.lt (as well as to the Authority's territorial divisions in the counties), or by completing the application form on the Online Dispute Resolution platform – http://ec.europa.eu/odr/. If you have any questions regarding warranty or returns, you may also contact us by email at [email protected]. The cost of returning the goods shall be covered by the Seller.

Goods may be returned to UAB "Addmore" stores. After receiving the returned goods and assessing their quality, the Seller shall refund the Buyer the amount paid for the goods within 14 days from receipt of written notification of withdrawal from the purchase and sale agreement. The goods must be returned in their original packaging (together with the instructions and warranty certificate, if these were delivered with the goods). When returning the goods, the Buyer must provide the VAT invoice received with the shipment or another document confirming the purchase of the goods from the Seller, as well as the order number. The Buyer is responsible for ensuring that all components of the returned goods are included. If the goods are incomplete, the Seller shall not accept the returned goods.

The Buyer's right to withdraw from a purchase and sale agreement concluded with the Seller in the online store shall not apply:

• to agreements for goods made according to the consumer's specific instructions, which are not prefabricated and which are made on the basis of the consumer's individual choice or decision, as well as goods that are clearly personalised to the consumer's individual needs;

• to agreements for goods that are liable to deteriorate or expire rapidly;

• to agreements for sealed goods which were unsealed after delivery and are not suitable for return due to health protection or hygiene reasons;

• to agreements for goods which, after delivery, due to their nature, become inseparably mixed with other items;

• to agreements for sealed audio or video recordings or sealed computer software which were unsealed after delivery;

• to agreements for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements for the delivery of such publications.

• to the Buyer's (consumer's) Special Orders, where the goods are ordered and transported according to the consumer's individual choice or instructions.

If the delivered goods do not meet quality requirements, the Buyer may contact the nearest UAB "Addmore" store or use the address specified in the "Contacts" section. For warranty service matters, you may also call +370 67112063. The quality guarantee provided by the Seller does not limit or restrict the rights of the Buyer (consumer) established by law when purchasing goods or services of inadequate quality.

We will be happy to answer all your questions by email at [email protected]. A request/complaint regarding goods purchased from our online store may be submitted to the Authority (Vilniaus g. 25, LT-01402 Vilnius, email [email protected], tel. 8 5 262 67 51, fax (8 5) 279 1466, website www.vvtat.lt) or by completing the application form on the ODR platform at http://ec.europa.eu/odr/.

DEFECTIVE GOODS OR GOODS WITH MISSING COMPONENTS

A Buyer wishing to submit a complaint regarding defective goods or goods with missing components may do so at a UAB "Addmore" store or by email at [email protected].

When submitting a complaint, the Buyer must provide the following information:

1) The order number of the goods.

2) A photograph of the goods and a photograph of the defective area (if the defect is mechanical and it is possible to photograph it).

3) A photograph of the product packaging.

4) A description of the defect or malfunction of the goods or identification of the missing component.

When submitting a complaint, the Buyer must specify how the Buyer would like the claim to be resolved:

1) Replacement of the defective goods with goods of satisfactory quality.

2) Provision of the missing components for goods supplied with an incomplete set of components.

3) Refund of the amount paid. After the claim has been reviewed, a response shall be provided within 10 days.

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