TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1. These rules on the sale of goods (hereinafter referred to as the Rules) are a legal document binding on the Parties, which establishes the rights, duties and responsibilities of the Buyer and Seller to the Buyer when purchasing goods at the online store at diveriksperformance.com (hereafter referred to as the online store, e-shop).
1.2. The Seller reserves the right at any time to amend or supplement the Terms, in accordance with the requirements of the law. The Buyer is informed about changes to the Rules on the website of the online store. The Buyer is subject to the Online Shopping Terms and Conditions applicable at the time the order is placed.
1.3. The Agreement between the Buyer and the Seller is deemed to be concluded from the moment when the Buyer has formed a basket of goods in the online store, indicating the delivery address, choosing the method of payment and familiar with the Seller’s rules, clicking the button “Confirm order” (see item 5 “Ordering of goods, prices, billing order, terms “).
1.4. The Buyer is not given the opportunity to submit an order for goods at the diveriksperformance.com online store if he / she is not familiar with these Rules. In all cases, the Buyer is deemed to be familiar with the Rules and accepts them if, before ordering the goods, he / she confirms his / her acceptance of the Rules by clicking on “AGREE”. In cases where the Buyer partially or completely disapproves of all or a part of the Rules, he / she cannot submit the order electronically at diveriksperformance.com, otherwise the Buyer will be deemed to have read and unconditionally accepted the Rules in its entirety.
2. PROTECTION OF PERSONAL DATA
2.1. In dealing with online sales, the Seller pays special attention to the protection of personal data, following the 27April 2016 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (the Universal Data Protection Regulation) and other applicable legal acts regulating the protection of personal data in the Republic of Lithuania.
2.3. The Buyer can order goods by e-mail:
2.3.1. by registering with this email in the e-shop – by entering the data requested in the registration;
2.3.2. without registering this email in the e-shop.
2.4. The Buyer must specify the purchase and sales agreement, including the delivery, the necessary personal data of the Buyer: name, address, where the goods will be delivered, telephone number, other data necessary for delivery. Seller confirms that such data will be used exclusively for ordering and shipping goods. The Seller undertakes not to disclose such information to third parties, except the Seller’s partners, who provide delivery services or other services related to the submission or execution of the Customer’s order. Any other personal exceptions to the disclosure of information by the Buyer to third parties are in all cases coordinated with the Customer. In all other cases, any personal data of the Customer may be disclosed to third parties only in cases provided for in the legal acts of the Republic of Lithuania.
2.5. Upon request of the Buyer to receive Seller’s informative announcements, the Buyer is given the option to send such messages to him / her. The customer’s personal data for direct marketing purposes is processed only based on explicit consent given by the Buyer, which he is entitled to cancel at any time.
2.6. By agreeing that the Purchaser’s personal data is processed for selling the goods and services of the Seller’s online store, the Buyer also agrees that the Customer’s indicated e-mails and phone numbers will be sent informational messages necessary for ordering goods.
2.8. To ensure the consistent functionality of the diveriksperformane.com web site, to ensure the functionality of the shopping cart, to remind the Buyer of trusted goods, to collect statistics on the visit of the website, the cookies are used on the diveriksperformance.com web site. A cookie is a small text file sent to the device of each person visiting the web site, which connects to the web site and is temporarily stored on that device. During another visit to the website, the Buyer Browser retrieves the cookie and returns the information back to the webpage or item that originally identified that cookie. The information collected on the cookie web site helps to identify the visitor of the web site, save the history of the visit to the webpage and adapt the content accordingly. Cookies can always be turned on and off, but some features of the page may not work. To delete the cookies stored on your computer, the Buyer must familiarise himself / herself with the instructions of his browser, which can be found in the browser menu by clicking on the “Help” button.
3. BUYER’S RIGHTS AND OBLIGATIONS
3.1. Buyer has the right to purchase goods by e-mail in the shop of these Rules and in other this e-mail in the order of the information in the shop information.
3.2. The Buyer has the right to cancel the purchase agreement with the e-mail at the latest 14 (fourteen) business days after the date of delivery of the item, except for cases where the contract cannot be waived in accordance with the laws of the Republic of Lithuania (for example, when a contract for sanitary goods – bedding – sales, see. Public information Consumer centre at http://www.vartotojucentras.lt/istatymas.php?id = 1038, “Peculiarities of the return and exchange of non-food items”, paragraph 18).
3.3. Rule 3.2. The Buyer can only use the stipulated right if the product has not been damaged or substantially changed its appearance and has not been used.
3.4. The Buyer undertakes to accept the ordered goods and pay the agreed price for them.
3.5. If the data provided in the Customer’s registration form changes, the Buyer must immediately update them.
3.6. The Buyer undertakes not to transfer to third parties their login data. If the Buyer loses his login information, he must immediately inform the Dealer of the means of communication specified in the “Contacts” section.
4. SELLER RIGHTS AND OBLIGATIONS
4.1 The Seller undertakes to provide all conditions for the Buyer to properly use the e-mail at the shop services.
4.2. If the Buyer attempts to harm the Seller’s email, the stability and security of the shop or breach of its obligations, the Seller has the right to immediately and without notice to restrict or suspend the Buyer’s access to the e-mail in the shop or, in exceptional cases, cancel the Customer’s registration.
4.3. The Seller undertakes to apply the appropriate organizational, technical and legal measures to ensure the protection of the Buyer’s personal data.
4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer.
5. ORDER OF GOODS, PRICES, BILLING AND TERMS
5.1. Buyer in the e-shop can buy 24 hours a day, 7 days a week.
5.2. The Agreement shall come into force from the moment when the Buyer clicks the “Confirm the order” button, and upon receipt of the order the Seller confirms it – sends the confirmation letter to the e-mail indicated by the Buyer by e-mail
5.3. Price list for email in the shop and in the order form it is indicated in EUR, GBP or USD.
5.4. The Buyer accounts for the goods in one of the following ways:
5.4.1. e-mail billing banking is a prepayment using the e-mail used by the Buyer’s banking system. Buyer must sign e-mail to use this form of payment to a banking agreement with one of the following banks: AB SEB bankas; Swedbank AB; Luminor Bank; Citadele AB Bank; Danske Bank; Paypal system; Paysera system, Makecommerce.lt system (Maksekeskus AS) and other payment methods indicated by Seller. The Buyer transfers money to the e-mail store billing account. The responsibility for data security in this case lies with the relevant bank, since all monetary operations are carried out by the bank’s e-mail banking system.
5.4.2. Settlement by bank transfer is a preliminary settlement, when the Buyer, after having printed the order and going to the nearest branch of the bank, transfers money to the e-mail store bank account.
5.5. Upon receipt of your payment, we will start collecting goods. This process can take from 3 days up to 2 weeks. It depends on the goods you ordered and how many orders we have now.
5.5.1. In case of non-payment of goods within 2 business days, the order is cancelled.
5.6 Collection, packaging, dispatch of goods 3-14 business days.
5.7 All parts are made in workshop in Vilnius, Lithuania.
6. DELIVERY OF GOODS
6.1. When choosing a delivery service, the Buyer undertakes to indicate the exact place of delivery of the goods.
6.2. The Buyer undertakes to accept the goods himself / herself. If the Buyer cannot accept the goods himself / herself, and the goods are delivered to the specified address, the Buyer has no right to express Seller’s claims regarding the delivery of the goods to the unfit entity.
6.3. The goods are delivered by the Seller or the Seller’s authorized representative (courier).
6.4. The Seller delivers the goods to the Buyer in accordance with the terms specified in the product descriptions. These terms are preliminary and do not apply in cases where the Seller’s warehouse does not have the required goods and the Buyer is informed about the lack of ordered goods. In addition, the Buyer agrees that, in exceptional cases, the presentation of the goods may delay due to unforeseen circumstances beyond Seller’s control. In such a case, the Seller undertakes to contact the Buyer immediately and to agree on the conditions for the presentation of the goods.
6.5. In all cases, the Seller is released from liability for violation of the terms of delivery of goods if the goods are not presented to the Buyer or are not delivered in due time due to the fault of the Buyer or due to circumstances beyond the Seller’s control.
6.6. The Buyer must, in all cases, immediately inform the Seller if the consignment is presented in a moulded or otherwise damaged package, if the consignment contains unpackaged goods or inappropriate quantity, partly completed goods.
6.7. In any case, the Buyer must, at the time of delivery, notice the packaging irregularities, must indicate the remarks in the courier’s delivery document or write a separate act for these violations. This Buyer must do with the courier. In the absence of such action, the Seller is released from liability to the Buyer for violations of the goods related to packaging violations not specified by the Buyer in the courier delivery document.
7. PRODUCT QUALITY AND WARRANTY
7.1. Every item in the e-shop is collectively referred to in the product description of each item.
7.2. The Seller is not responsible for the fact that the goods in the shop may not match the size, shape and colour of the goods in their colour, shape or other parameters due to the characteristics of the monitor used by the Buyer.
7.3. The Seller places a certain quality guarantee for certain types of goods, for which the specific term and other conditions are specified in the descriptions of such goods.
8. RETURNS AND REPLACEMENT OF GOODS
8.1. The Buyer has the right to withdraw from the agreement and return the quality goods to the Seller in accordance with Article 6.228.10 of the Criminal Code of the Republic of Lithuania and the Order of the Government of the Republic of Lithuania dated June 11, 2014, on the procedure for the approval of retail trade rules. The defects of the goods sold are being disposed of, goods of a non-conforming nature are replaced and returned in accordance with Article 6.363 of the Civil Code of the Republic of Lithuania according to the established procedure. Money for returned goods in all cases is transferred only to the payer’s bank account.
8.2. To return the item (s) in accordance with the Rules 8.1., the Buyer can do this within 14 (fourteen) business days from the day the goods are delivered to the Buyer, informing the Seller of the means of communication specified in the contact section, indicating the name of the returned goods, the order number and the reasons for the return.
8.3. The following conditions must be met when returning goods to the Buyer:
8.3.1. the return item must be in the original, orderly packaging;
8.3.2. the product must be in good condition with the Buyer;
8.3.3. the product must not be used, it has not lost its appearance (undamaged labels, unbreakable protective films, etc.) (this item does not apply in the case of returning a defective product);
8.3.4. the returned goods must be of the same type as the Buyer has received;
8.3.5. a return document must be provided for the return of the goods.
8.4. The Seller has the right not to accept Goods returned by the Buyer if the Buyer does not comply with Clause 8.3. the procedure for the return of goods laid down in Article.
8.5. Returning the received product and / or defective product, the Seller undertakes to withdraw such goods and replace them with similar eligible goods.
8.6. If the Seller does not have suitable goods for the replacement, the Buyer will be refunded the amount paid, excluding the price for delivery.
9. BUYER AND SELLER LIABILITY
9.1. The Buyer is responsible for the accuracy of his personal data. If the Buyer fails to provide accurate personal data in the registration form, the Seller is not liable for the consequences arising therefrom and acquires the right to demand direct damages from the Buyer.
9.2. The Buyer is responsible for the actions taken using this e-shop.
9.3. By registering the Buyer is responsible for transferring your login data to third parties. If the email electronic services provided by the shop are used by a third party who has joined the e-shops using Buyer login data, the Seller considers this person as a Buyer.
9.3.2. The Seller is exempted from any liability in cases where the loss arises from the fact that the Buyer, despite the Seller’s recommendations and the obligations of the Buyer, did not understand these Rules, although such a possibility was granted to him / her.
10. MARKETING AND INFORMATION
10.1. The Seller can initiate e-mail at his own discretion at the shop for various promotions.
10.2. The Seller has the right to change the terms of the shares unilaterally, without any notice, and cancel them. Any change or withdrawal of the terms and conditions of the shares is only valid, that is, from the moment they are executed.
10.3. The Seller sends all notices by means of the means indicated in the Customer’s registration form.
10.4. The Buyer sends all messages and questions to Seller’s e-mail. Phones in the “Contacts” section of the shop and by e-mail addresses.
10.5. The Seller is not responsible if the Buyer does not receive sent information or confirmation messages regarding the Internet connection, the network of suppliers of e-mail services.
11. FINAL PROVISIONS
11.1. These Rules for the purchase and sale of goods are concluded in accordance with the laws and legal acts of the Republic of Lithuania.
11.2. All disputes arising from the execution of these Rules shall be resolved by negotiation. Failing to reach an agreement, disputes shall be resolved in accordance with the procedure established by laws of the Republic of Lithuania.
Copying, reproduction and distribution of any information from the diveriksperformance.com web site without the written consent of Vsi Diveriks is strictly prohibited.