Terms & Conditions1. General provisions
These Purchase Rules (hereinafter referred to as the "Rules") set out the rights, obligations and responsibilities between the person purchasing goods from www.restoranu.eu (hereinafter referred to as the "Buyer") and MB "Restoranu iranga" (hereinafter referred to as the "Seller"). By purchasing goods in the online shop, the Buyer agrees to the application of these Terms and Conditions.
2. The moment of conclusion of the sale and purchase agreement
2.1. Contracts for the purchase and sale of goods (hereinafter referred to as "Contracts") in the Online Shop shall be concluded in electronic form.
2.2. The contract of purchase and sale between the Buyer and the Seller shall be deemed to have been concluded from the moment the Buyer, after having created a shopping cart in the online store, indicated the delivery address, selected the payment method and read these Terms and Conditions, clicks on the button "Confirm Order", and shall remain in force until the full fulfilment of the obligations under these Rules. In cases where the Buyer does not accept all or part of the Terms and Conditions, the Buyer shall not be obliged to place an order.
2.4. Each contract concluded between the Buyer and the Seller is stored in the www.restoranu.eu database.
3. Buyer's rights
3.1. The Buyer has the right to purchase goods in the e-shop in accordance with these Terms and Conditions and the legislation of the Republic of Lithuania.
3.2. The Buyer (consumer) has the right to withdraw from the contract for the purchase and sale of goods concluded in the online shop with the Seller by notifying the Seller in writing within 14 working days from the date of delivery of the goods. The Buyer shall have the right to withdraw from the contract with the Seller only if the goods are of good quality, have not been damaged and have not been substantially altered in appearance or packaging.
3.3. The Buyer shall have other rights provided for in the Terms and Conditions and the legislation of the Republic of Lithuania.
4. Buyer Responsibilities
4.1. The Buyer is obliged to pay the price of the Goods and their delivery, as well as any other payments (if any, specified at the time of the conclusion of the Contract) and to accept the Goods ordered. The Buyer shall pay for the Goods by using the Buyer's online bank linked from the online shop (if the Seller has an agreement with the Buyer's bank), or by making a payment from any other bank to the Seller's account specified in the „Contact“ section.
4.2. If the data provided in the Buyer's registration form changes, the Buyer must update it without delay.
4.3. The Buyer must confirm the payment order with the Buyer's online bank linked from the e-shop (in case the Seller has an agreement with the Buyer's bank), or make the payment from any other bank and send the Seller a notification of the payment by a separate email no later than 24 hours after clicking on the "Confirm order" button. If the payment order is not confirmed within this period, the Seller shall be entitled to consider that the Buyer has withdrawn from the contract of sale. The goods selected by the Buyer shall only be reserved and the Seller shall only proceed with the performance of the contract of sale when the Seller receives notification from the Buyer's bank or the Buyer of payment for the selected goods.
4.4. The Buyer shall comply with other requirements set out in the Terms and Conditions and the legal acts of the Republic of Lithuania.
4.5. It is the Buyer's responsibility to ensure that the data provided in the registration form is accurate, correct and complete. If there are any changes to the data provided by the Buyer on the registration form, the Buyer must update it immediately.
4.6. The Buyer is responsible for the complexity of the login data created by him/her and for the preservation of the same, as well as for any actions (data transfer, orders placed, user comments, etc.) carried out in the www.restoranu.eu store by logging in with the Buyer's individual username and password.
5. Seller's rights
5.1. If the Buyer attempts to interfere with the operation or stable functioning of the e-shop or violates his/her obligations, the Seller may, without prior notice, limit, suspend (terminate) his/her access to the e-shop and shall not be held liable for any damages incurred by the Buyer.
5.2. The Seller shall have the right to temporarily or indefinitely discontinue the operation of the online shop without prior notice and shall not be liable for any losses incurred by the Buyer in connection therewith.
5.3. The Seller shall have the right to unilaterally amend these Terms and Conditions and to publish the updated Terms and Conditions on the Seller's e-shop website. The amendments shall come into force from the moment of publication and shall apply to all transactions entered into after the publication.
5.4. The Seller shall have other rights provided for in the Terms and Conditions and the legislation of the Republic of Lithuania.
6. Seller's Responsibilities
6.1. The Seller undertakes to use its best endeavours to enable the Buyer to make proper use of the services provided by the Online Shop. The Seller makes no warranty that the operation of the Online Shop will be uninterrupted. The Seller shall not be liable for any losses incurred by the Buyer in connection with malfunctions and/or data transmission errors of the e-shop.
6.2. In the event of important circumstances where the Seller is unable to provide the Buyer with the goods ordered, the Seller undertakes to offer an analogue product and, if the Buyer refuses to accept the analogue product, to refund the Buyer's payment within 5 working days. In this case, the Seller shall be exempt from liability for non-delivery of goods.
6.3. The Seller undertakes to comply with the other requirements set out in these Rules.
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 shall be delivered at the Seller's expense.
7.2. The exact delivery price depends on the weight and price of the goods ordered, so the final delivery price will only be visible once the order is placed.
7.3. The delivery service is booked separately. The Buyer shall pay for the delivery service. In individual cases specified by the Seller, the Seller shall pay for the delivery service.
7.4. Goods shall normally be delivered to the address specified by the Buyer within 1-2 working days of receipt of payment for the goods and transportation of the goods if the goods are in the Seller's warehouses. The Seller does not guarantee that the Goods will be delivered within the time limit set out in the preceding sentence in all cases, particularly if the Goods ordered are not in the Seller's warehouses. Delivery shall be made throughout the territory of the Republic of Lithuania, including the Curonian Spit (additional surcharge applies).
7.5. The exact date and time of delivery of the goods shall be specified in a notification from the Seller to the Buyer via the email address specified by the Buyer when registering his Account. Accordingly, the Buyer, having entered into the Sale and Purchase Agreement, undertakes to check the aforementioned email account on a daily basis until the delivery notification is received.
7.6. At the time of delivery, the Buyer or his authorised representative must, together with a representative of the transport company, inspect the condition of the goods and the packaging of the consignment as well as the quantity and quality of the goods.
7.6.1. In the event of damage to the packaging of the consignment, or a discrepancy(s) in the quantity, quality or assortment of the goods, the Buyer, or his authorised representative, shall note the damage to the packaging of the consignment or the defect(s) in the data logger provided by the transport company's agent, or in the paper proof of delivery.
7.6.2. In the event of any discrepancy(s) in the goods, their quantity and/or quality, the Buyer or his authorised representative must not accept the consignment. In this case, a representative of the transport company, together with the Buyer or, as the case may be, the Buyer's representative, shall fill in a special consignment inspection report noting the irregularities found.
7.6.3. After the Buyer or the Buyer's representative, as the case may be, has accepted the consignment and signed the data recorder or paper delivery note provided by the transport company's representative, and noted the damage to the packaging of the consignment, it shall be presumed that the goods have been delivered in the damaged packaging of the consignment, but that the goods are of the same quantity, quality and range as per the terms and conditions of the contract for purchase and sale.
7.6.4. Once the Buyer or the Buyer's representative, as the case may be, has accepted the consignment and signed the data logger or the paper delivery confirmation provided by the transport company's representative, without comment, it shall be presumed that the Goods have been delivered in the intact packaging of the consignment, that the quantity, quality and range of Goods are in accordance with the terms and conditions of the contract of sale, and that the supplementary services set out in the data logger or the paper delivery confirmation have been performed properly.
7.7. Upon delivery of the goods to the address specified by the Buyer, the goods shall be deemed to have been handed over to the Buyer, irrespective of whether the goods are actually received by the Buyer or by any other person who has received the goods at the specified address. If the goods are not delivered on the scheduled delivery date, the Buyer shall notify the Seller immediately, but not later than the day after the scheduled delivery date. Otherwise, the Buyer shall forfeit the right to claim against the Seller in respect of non-delivery or late delivery.
7.8. Where the price of the goods exceeds €550, the goods shall be handed over upon presentation by the person receiving the goods at the time of handover and at the place of handover of the goods of an identity document such as a passport, identity card or a new driving licence, in order to properly identify the Buyer or his representatives for the purpose of the performance of the contract (online sales). If the goods will be accepted by a person other than the Buyer and the price of the goods exceeds €550, the Buyer must provide the details of the person who will accept the goods when completing the order delivery information.
8. Return of goods
8.1. Before returning the goods, you must fill in the online return form.
8.1.1. If the Buyer (consumer) withdraws from the contract for the purchase and sale of the goods, as provided for in paragraph 3.2 of the Rules, the goods shall be returned at the Buyer's expense.
8.1.2. The goods must be returned in the original packaging of the product and the parcel, together with the product documents (including the warranty card if it came with the product). Returns must be accompanied by the original VAT invoice received by the Buyer with the consignment if the return is for all the goods supplied under the relevant VAT invoice, or a copy of the VAT invoice if the return is for part of the goods supplied under the relevant VAT invoice.
8.1.3. The Buyer is responsible for the proper assembly and packaging of the returned goods. If the goods are not complete and/or properly packed, the Seller shall not accept the returned goods.
8.1.4. Goods will not be taken back if they have been used and/or damaged and/or have lost their merchantable appearance (changes to the appearance of the goods or their packaging that were necessary to inspect the goods are not considered to be a substantial change to the appearance of the goods).
8.2. If the delivered goods do not meet the quality requirements or the Buyer (consumer) does not like the shape, size, colour, model or completeness of the purchased goods (except for the goods specified in the legislation, which the Buyer is not entitled to change (return) due to the Buyer's dislike of the shape, size, colour, model or completeness of the goods), the Buyer shall contact the nearest customer service department (the address of which can be found at www.restoranu.eu) or the service centre authorised by the manufacturer of the goods as appropriate. Goods that the Buyer (consumer) does not like because of their shape, size, colour, model or completeness may be exchanged (returned) only if no more than 14 days have elapsed since the date of sale. Irrespective of the size and weight of the goods (including where the goods weigh more than 30 kg), goods of unsatisfactory quality and/or goods which the Buyer/consumer does not like because of their shape, size, colour, pattern or completeness and which the Buyer replaces/returns after 14 working days from the date of delivery of the goods shall be carried out by the Buyer to be evaluated for their quality, exchanged, repaired or returned.
8.3 You can submit requests or complaints about goods or services purchased in our online shop to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: firstname.lastname@example.org, phone: 8 5 262 67 51, website: www.vvtat.lt, its territorial units in the districts - /index.php?470187665) or fill in the request form on the EGS platform https://ec.europa.eu/odr/. Note: In all cases, the consumer must first contact us (i.e. the trader).
9.1. In no event shall MB "Restoranu iranga" be liable for any damage caused to the Buyer and/or third parties as a result of the Buyer's provision of incorrect and/or incomplete personal data, or the Buyer's failure to modify and update the data after the data changes.
9.2. The parties shall be liable for any breach of the contract of sale concluded through the online shop in accordance with the procedure established by the legislation of the Republic of Lithuania.
9.3. In accordance with the provisions of Article 8(3) of the Law on Electronic Signature of the Republic of Lithuania, the Buyer agrees with the Seller that the confirmation of the Buyer's actions in the online shop with the login data to the online shop (the authentication code) has the legal effect of an electronic signature as set out in Article 8(1) of the Law on Electronic Signature (i.e. it shall have the same legal effect as a signature on written documents and shall be admissible in evidence in court). The buyer must keep his/her login data to the online shop secure and not disclose it, ensure that the data are known and used only by him/her, and not transfer or otherwise make the data available or accessible to other persons. If he/she suspects that the login data may have been accessed by another person, he/she shall immediately notify the Seller thereof, and shall immediately inform the Seller of any breach or disclosure of his/her login data to the online shop. All actions carried out using the Buyer's identification code shall be deemed to have been carried out by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.
9.4. The Seller is not responsible for the information provided on other companies' websites, even if the Buyer accesses these websites via links on the Seller's e-shop.
9.5. The Seller shall not be liable for the fact that the colour, shape or other parameters of the goods depicted in the online shop do not correspond to the actual size, shape and colour of the goods due to the characteristics of the display used by the Buyer.
9.6. In the event of damage, the party at fault shall indemnify the other party against the direct loss caused by its fault.
10.1.1. If the Customer does not consent to the processing of his/her Personal Data for the purposes set out in the following paragraphs, he/she shall not be able to register on the e-shop www.restoranu.eu and order goods.
10.1.2. By registering, you confirm that the personal data you have provided is accurate and correct and that you are at least 16 years old. Persons under the age of 16 are not allowed to submit any personal data through our website and social media accounts. We do not accept any liability for inaccurate, incomplete or erroneous submission of your data.
10.1.3. The controller of your personal data is MB "Restoranu iranga", company code: 303105707, address: Vito Gerulaicio g. 1-59, Vilnius, Lithuania. Phone. +370 614 89888, e-mail: email@example.com
10.2 For what purpose is your personal data collected (processed)?
We collect customers' personal data in order to enable us to carry out the ordering and fulfilment of goods:
- for making commercial offers,
- the conclusion of contracts and the fulfilment of the obligations contained therein,
- for direct marketing purposes (providing offers, promotions, discounts and sending newsletters),
- for account administration purposes,
- for the purpose of delivering orders to the customer,
- managing people's arrears.
10.3 What personal data do we collect about shoppers?
10.3.1. MB "Restoranu iranga" strives to make the use of the e-shop www.restoranu.eu as easy and convenient as possible. In order to continuously improve, we need to know which information is of most interest to our visitors, which cities they come from, how often they return, which browser they use, which devices they use to read the information and so on. We collect this information using Google Analytics tools, which allow us to capture and analyse statistical data about the use of the e-shop. You can find out more about Google Analytics and the information these tools allow us to collect here.
10.3.2. If you prefer that Google Analytics tools do not capture information about your browsing, you can use the Google Analytics opt-out browser plug-in.
10.3.3. MB "Restoranu iranga" collects and further processes the following personal data directly provided by you when registering and/or ordering goods in our e-shop or when ordering goods in another way (e.g. by phone, e-mail): name, surname, e-mail address, telephone number, delivery address, consent or non-consent to receive the newsletter, invoice number, payment and delivery information, and any other data provided by you additionally on your own initiative, when registering and/or ordering goods.
10.3.4. We also collect and further process the following personal data that you indirectly provide when registering and/or ordering products in the e-shop, i.e. this data is automatically collected from the computers and/or mobile devices you use when you log in to your Account: the dates and times of visits, language, login IP address, loyalty points collected, browser used and its version, reviews, lists of products that have been selected as preferred. We need this data to recognise whether you have already registered on the e-shop and to know, for statistical purposes, how often and when you last logged in and what products you were interested in.
10.4 On what lawful basis do we collect personal data?
When processing personal data, MB "Restoranu iranga" is guided by the requirements for the processing of personal data set out in the Law on Legal Protection of Personal Data of the Republic of Lithuania and by other legal acts related to the protection of personal data and, as of 25 May 2018, by the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data).
10.5 How long do we keep your personal data?
10.5.1. For as long as you are an Account user. We consider your consent to the processing of your personal data to have been obtained when you complete the steps necessary to create an Account and confirm your registration. If you have subscribed to our newsletter, we will retain your data until you unsubscribe.
10.5.2. We may keep your consent and proof of consent for a longer period of time if necessary to defend ourselves against claims, demands or actions brought against us. Of course, you have the right to stop the processing of your personal data, the sending of the newsletter or to unsubscribe from your account at any time. To exercise this right, please submit a written request to: firstname.lastname@example.org or you can do so by logging into your Account. If you are unable to log in to your Account, please select "Forgot your password?" on the login page.
10.6 How secure is your personal data?
10.6.1. We use a variety of security technologies and procedures to protect your personal information from unauthorised access, use or disclosure. All data provided by Individuals is stored securely on the Company's servers. We only host our servers in modern server storage facilities that are guarded 24x7 by an armed security team. Access to them is strictly controlled and recorded. User data is stored on virtual servers that are isolated from each other, so that unauthorised persons and other users have no chance of unauthorised access or damage to data.
10.6.2. However, the security of transmission of information over the internet or by mobile phone cannot be guaranteed; any transmission of information to us by these means is at your own risk. In the event that Individuals are provided with passwords (or choose their own passwords) that enable Individuals to use certain features of the Online Shop, Individuals are responsible for the confidentiality of their passwords. The Company kindly asks Individuals not to disclose or share their passwords with third parties.
10.7 From what sources do we collect your personal data?
10.7.1. We receive almost all of your personal data only from you. Some of the data we receive directly from you, e.g. when you register for an Account or subscribe to our newsletter. We also receive your data directly from you when you make an enquiry in any of the ways you have chosen: by sending us an email, by submitting a written enquiry, by calling us on our company phone.
10.7.2. We also receive your personal data indirectly, through a bank or electronic money institution, when we receive payment for goods or services.
10.8 Who do we provide your data to?
10.8.1. When processing personal data, MB "Restoranu iranga" is committed to confidentiality and does not disclose the personal data processed to third parties, except where required by law or legal process. Also to companies that provide services at our request, i.e. companies that are engaged in:
- postal and courier activities,
- companies that provide accounting services.
10.8.2. These companies have limited ability to use your information. They may not use this information for purposes other than to provide services to us.
If you pay for goods purchased in our online shop using online banking, the security of your data and payment is ensured by the bank server where you make the payment.
10.9 Individuals must:
- Right of access to personal data
- The right to rectification
- Right to data portability
- Right to restrict processing
- The right to be forgotten
10.9.1. If the Customer requests the termination of the processing of his/her Personal Data for the purposes of the administration of the Online Shop, the Customer's e-Purchase Account shall be cancelled and the Customer shall no longer be able to place an order or to make a purchase in the Online Shop.
10.9.2. The Customer may only order or purchase goods or services again after re-registering in the Online Shop.
10.10.1 The content, trademarks, logos or other copyright objects contained on the website are the exclusive property of their respective owners.
Without their prior written consent, it is forbidden to use the materials, photographs, logos on the website in the forms and in the ways defined by the Law on Trademarks of the Republic of Lithuania, the Law on Competition of the Republic of Lithuania and other legal acts.
10.10.2. The copyright in this website or any part of it is owned by MB "Restoranu iranga", and it is forbidden to reproduce the whole or any part of this website in any form or by any means, to translate it into other languages, to adapt it, to borrow photographs or other information, or to make any other use of it, in any form or by any means, without the prior written consent of MB. It is also forbidden to take any other action which may infringe the exclusive rights of the owners of this website or which is contrary to the principles of fair competition, advertising or copyright.
10.11 Links to other websites
Our website may contain links to other websites, for the correctness of the content and compliance with the applicable legislation, MB "Restoranu iranga" is not responsible.
10.12 Where can I go to report a violation of rights?
If you believe that your privacy rights have been violated, you may file a complaint with the State Data Protection Inspectorate, A. Juozapaviciaus g. 6, 09310 Vilnius, tel. (8 5) 271 2804, 279 1445, fax. (8 5) 261 9494, e-mail email@example.com.
11. Sending information
11.1. The Seller shall send all notifications to the email address provided in the Buyer's Account.
11.2. The Buyer shall send all notifications and questions to the address indicated in the "Contacts" section of the Seller's e-shop.
12. Final provisions
12.1. The Buyer and the Seller agree that all information provided on the Seller's e-shop website (including but not limited to these Terms and Conditions, information about the Seller, the goods and services offered and their features, the procedure for exercising the Buyer's right of cancellation of the contract of sale, the Seller's servicing of the Goods, and the Seller's warranties, where applicable) shall be deemed to be in writing provided to the Buyer.
12.2. All disputes arising out of or in connection with the Purchase and Sale Agreement between the Buyer and the Seller shall be settled by negotiation. In the event of failure to reach an agreement, disagreements shall be settled in accordance with the procedure laid down by the laws of the Republic of Lithuania.