Terms and Conditions

RULES ON SALE AND PURCHASE OF THE GOODS

1. General provisions
1.1. These rules of the internet shop (hereinafter referred to as the Rules) shall constitute a legally binding document for the Customer and the Seller of the goods (hereinafter referred to as the Seller), which defines the rights and liabilities of the parties, the procedure and conditions for purchasing the goods, making a payment for them, delivery and return conditions, also other conditions pertaining to the sale and purchase of the goods at the online shop.
1.2. Under these Rules a person shall be considered a Customer, provided that such person has registered and makes a purchase at the online shop. The following person may purchase on online shop:
1.2.1. legally capable natural person, i.e., a person who has reached the adulthood, the capability of whom has not been restricted under court order;
1.2.2. minor person from 14 (fourteen) to 18 (eighteen) years of age, who has obtained a consent from the parents or guardians, except for the cases, when such a person is emancipated;
1.2.3. legal person.
1.3. By submitting the order, the Customer shall implicitly confirm having the right to make a purchase at the online shop.
1.4. The Seller shall not waive the right to replace, amend or supplement these Rules at any time. The Customer shall be notified about any changes in the Rules on the website of the online shop. The amendments shall become valid after the moment they are announced and shall be applicable to all the transactions concluded after their announcement, therefore the Customer is advised to get acquainted with the Rules during every purchase.
1.5. The Seller shall be exempt from any liability, in case the Customer failed to get acquainted with a certain part of the entire Rules, even though the Customer was provided such an opportunity.
2. Personal data protection
2.2. By agreeing with these Rules, the Customer consents that notifications shall be sent to the e-mail address indicated by the Customer, that are necessary for the order, payment and delivery of the goods.
2.3. The Customer shall also be liable to indicate the personal data (name, surname, address for delivery of the goods or the selected parcel locker, e-mail, telephone number), which are necessary for the purchase and delivery of the goods also for making the payment for them.
2.4. By agreeing with these Rules, the Customer also submits the data necessary for the sale of goods and services at the online shop as well as the activity analysis of the Seller to be used and managed by the Seller following the procedure established under these Rules.
2.5. The personal data provided by the Customer shall be managed following the requirements established under the Law on Protection of Personal Data of the Republic of Lithuania, also other legal acts of the Republic of Lithuania, regulating the management and protection of the data. While managing and protecting the personal data of the Customer, the Seller shall implement the organisational and technical measures, which shall in turn ensure the protection of the personal data from accidental or illegal destruction, alteration, disclosure, also from any other type of illegal management.
2.6. The data provided by the Customer shall be used exceptionally by the Seller and the partners of the Seller, with whom the Seller cooperates in the course of administration of the online shop, delivery of the goods and (or) providing other services related to the delivery of the order of the Customer or implementation thereof. The Seller shall not disclose the personal data of the Customer to third persons, except for the partners mentioned under this Item above or in cases established under the legal acts of the Republic of Lithuania having received an instruction to do so.

3. Concluding a contract on sale – purchase
3.1. The contract on sale – purchase between the Customer and Seller shall be considered concluded provided that the Customer creates and submits an order of the goods at the online shop.
3.2. Having concluded the contract on sale – purchase the assortment of the goods, their amount, price as well as other conditions shall be binding for both the Customer and the Seller and they may be amended only following the procedure established under these Rules.

4. The rights of the Customer
4.1. The Customer shall be entitled to acquire the goods at online shop VisitKaunas, following the below described Rules.
4.2. The Customer shall be entitled to refuse the contract on sale – purchase of the goods concluded at the online shop, having notified the Seller about it by e-mail or telephone as well as by completing a form on return of the goods (Annex 1, provided that the good was already sent) not later than within 30 (thirty) calendar days from the day of delivery of the goods.
4.3. The right of the Customer described under Item 4.2 shall be implemented in accordance with Paragraph 1 of Article 6.22810 of the Civil Code of the Republic of Lithuania.
4.4. The Customer shall be entitled to exercise the right described under Item 4.2 only provided that the good has not been damaged or the appearance thereof did not change fundamentally, also provided that the good has not been used.
4.5. Cancelling and correction of the ordered and created shopping bag of the goods shall not be possible.

5. The rights of the Seller
5.1. In case the Customer attempts to harm the operation of the online shop, the safety of the data in any way or breached other liabilities of the Customer mentioned under Item 6, the Seller shall be entitled to restrict the right of the Customer to access online shop VisitKaunas.
6. The liabilities of the Customer
6.1. The Customer shall be liable to pay for the acquired goods and to accept them following the procedure established under these Rules.
6.2. In case during the delivery of the goods the Customer refuses to accept the goods without providing any solid reasoning, at the request of the Seller the Customer shall be liable to reimburse the costs of returning the goods.
6.3. The Customer of online shop VisitKaunas shall be liable to follow these rules and to not breach the legal acts of the Republic of Lithuania.

7. Liabilities of the Seller
7.1. The Seller shall undertake the liability to provide an opportunity to use the services of online shop, the conditions of operation of which shall be established under these Rules.
7.2. The Seller shall undertake the liability to deliver the goods acquired by the Customer following the method selected by the Customer, in accordance with the conditions, which are established under these Rules.
7.3. The Seller shall undertake the liability to respect the privacy right of the Customer into the personal information that belongs to the Customer.
7.4. In case the Seller is not able to deliver a good acquired on online shop VisitKaunas, the Seller shall be entitled to terminate the contract on sale – purchase having notified the Customer in advance. The Seller may suggest an analogous good. In case the Customer refuses, the Seller shall be liable to return the money paid within 5 working days.
7.5. In case the Customer exercises the right established under Item 4.2. of the Rules and the conditions established under Item 4.4. of the Rules are met, the Seller shall undertake the liability to return the money paid to the Customer within 7 (seven) days after the day the returned goods are delivered to the Seller.
7.6. The Seller may refrain from returning the money paid to the Customer until the goods are returned to the Seller or until the Customer provides a proof that the Goods have been shipped to the Seller, taking into consideration which takes place first.
7.7. The Seller shall undertake the liability to provide the Customer explicitly and understandably with the information, established under Article 6.2287 of the Civil Code of the Republic of Lithuania.

8. Order and payment for the goods
8.1. When the Customer visits the online shop, the Customer selects the goods of own liking, on the basis of which a shopping bag is created. After creation of the shopping bag, the Customer shall enter the data, necessary for the delivery and purchase of the selected goods: name, surname, address for delivery of the goods or selects the parcel locker, indicates the telephone and additional information, which can be significant for the delivery of the ordered goods.
8.2. The order shall be transferred for the further implementation only after the moment when the payment is made by bank transfer, the contract shall be considered to be implemented, after the payment of the Customer is received.
8.3. The Customer may make the payment for the goods in one of the ways indicated by the online shop and following the respectful conditions: making the payment by using the bank card data. In this case the responsibility for the safety of the data falls upon the respectful bank, since all the monetary operations take place in the online banking system of the bank; using Paysera payment platform; by making a transfer, after the reception of advance invoice; by using Kaunastic gift card from Gera dovana.
8.4. In case the Customer makes the payment for the goods and requests the Seller to issue an invoice for a company, the Customer shall be liable to show a document proving that the person is an employee of the respectful company.
8.5. The prices of the goods in the online shop and the final order window shall be indicated in EUR, including VAT.
8.6. When the payment is made using “Kaunastic” gift card, the code of the gift card is entered. The shipment expenses of the goods cannot be covered using “Kaunastic” gift card.

9. Delivery of the goods
9.1. When ordering the goods, the Customer shall be liable to indicate the exact address for delivery of the goods or to select the most convenient parcel locker.
9.2. The Customer shall be liable to accept the goods personally. In case the Customer is not able to accept the goods personally, but the goods are delivered to the address indicated by the Customer, the Customer shall not be entitled to submit a claim concerning a delivery of the goods to the wrong person.
9.3. The Seller shall deliver the goods to the Customer in accordance with the terms applied by the post and parcel lockers. These terms are preliminary, moreover, they are not applicable in cases, when the Seller does not have the necessary goods in the warehouse and the Customer is notified about the lack of the ordered goods. By getting acquainted with these Rules, the Customer agrees that in exceptional cases the provision of the goods may be delayed due to unforeseen circumstances that do not depend upon the Seller. In such a case the Seller shall undertake the liability to contact the Customer immediately and to make an agreement regarding the terms for provision of the goods and other conditions.
9.4. The goods shall be delivered to the Customer applying one of the optional methods:
• To Omniva parcel lockers.
• To LP Express parcel lockers.
• Sending by mail within the EU.
• Sending by mail beyond the EU.
• To goods can be reclaimed at Tourism Information Centre (not during the quarantine) for free.
In case of waiving the contract on sale – purchase (i.e., in cases when the good is returned to us), the decisions pertaining to the costs of delivery of the good shall be made in accordance with the requirements of the legal acts. As it is established under Paragraph 3 of Article 6.22811 of the Civil Code of the Republic of Lithuania, the Seller shall not be liable to return additional expenses to the consumer, in case these expenses were caused by the fact that the consumer clearly opted for another mode of delivery than the cheapest regular option suggested by the Seller.
9.5. The Seller shall not be held liable for breach of the delivery term of the goods, in case the goods are not delivered to the Customer or they are delivered to the Customer not on time due to the fault of third persons, who are not related to the Seller or due to the circumstances that depend upon the Customer.
9.6. Having received the goods the Customer shall be liable to make sure that the good is of excellent quality, the package has not been damaged. Having noticed that the package of the delivered good has been damaged (crumpled, wet or mechanically damaged in any other way), the Customer shall notify the Seller. In case the Customer fails to perform these actions, the Seller shall be exempt from the liability concerning the damages of the goods, provided that the cause for the occurrence of such damages is not factory spoilage, as well as due to non-compliance of the composition of the goods, in case these non-compliances may be identified in the course of inspection of the exterior of the goods.
If after accepting the parcel the Customer notices non-compliance of the goods, factory spoilage or other defects of the goods, the Customer shall notify the Seller about it immediately (not later than within 24 hours from the reception of the parcel). In case a complaint regarding unsuitable quality of the goods is confirmed and the Customer returns the goods of unsuitable quality, the Seller shall be liable to return the money for the good within 14 (fourteen) days and to also reimburse the expenses for the return or replace the poor quality good with a new item of the same good. The Customers who reclaim the parcels from LP Express or Omniva lockers and notice non-compliances shall be liable to notify VisitKaunas about such occurrence immediately.
9.7. The characteristics of all the goods sold shall be listed in the description provided next to every good. The Seller shall not be held liable for the fact that the colour, form or other parameters of the goods depicted in the online shop may not coincide with the actual size, form and colour of the goods due to the monitor settings of the Customer.
9.8. In case the Customer refuses the contract on sale – purchase, the Customer shall be returned all the sums paid by the Customer, including the delivery costs of the good paid by the Customer. Nevertheless, as it is defined under Paragraph 3 of Article 6.22811 of the Civil Code of the Republic of Lithuania, the Seller shall not be liable to reimburse the consumer any additional costs, incurred due to the fact that that the consumer clearly opted for another mode of delivery than the cheapest regular option suggested by the Seller.

10. Return of the goods
10.1. Qualitative goods may be returned within 30 days from the day of their reception. The defects of the sold goods of poor quality shall be eliminated, the goods of poor quality shall be replaced and returned in accordance with the provisions of the Civil Code of the Republic of Lithuania and the “Rules on Retail”, ratified by the Government of the Republic of Lithuania.
10.2. In case the Customer is willing to return the good(s) in accordance with Item 10.1., the Customer shall be liable to complete and to submit or to send by e-mail a document on return of the goods (Annex 1).
10.3. The following conditions must be followed when returning the goods:
10.3.1. The returned good must be in a neat package (this Item shall not be applicable, in case a good of poor quality is returned);
10.3.2. The good must be undamaged by the Customer;
10.3.3. The good must be unused, the marketable appearance must not be lost: the labels undamaged, the protective wrappings untorn and etc. (this Item shall not be applicable in case a good of poor quality is returned);
10.3.4. The returned good must be of the same composition as it was received by the Customer (this Item shall not be applicable in case a good of poor quality is returned);
10.3.5. A purchase document of the good must be provided at the return or a return document must be completed;
10.3.6. The Seller shall be entitled to refuse accepting the goods returned by the Customer, in case the conditions for the return of the good were breached;
10.3.7. The service of return of the goods shall be provided in the following ways:
• Return of the goods using Omniva parcel service;
• Return of the goods using LP Express parcel service;
• Return via DPD courier;
• Return of the goods to Tourism Information Centre (TIC) at Rotušės a. 15, Kaunas.
10.3.8. The return of the goods shall be implemented following the method established by the Seller within 30 (thirty) days after the day of reception of the good (this Item shall not be applicable in case the good is of poor quality, in such a case the return shall be implemented within a guarantee term established under the law);
10.4. The return and replacement of qualitative goods shall be implemented following Paragraph 1 of Article 6.22810 of the Civil Code of the Republic of Lithuania;
10.5. The money paid for the good accepted, but afterwards refused by the Customer shall be returned into the account of the Customer not later than within 7 (seven) days after the day of returning the good to the Seller, unless the Seller and the Customer agree otherwise.
The Seller shall not undertake the liability for the unimplemented or delayed transfer for the returned goods, in case the Customer provides incorrect data necessary for the return.
10.6. The Customer is returned the sum of the value of the good, acquired using “Kaunastic” gift card, in EUR.

11. Information exchange
11.1. The Seller shall notify the Customer using the e-mail address or telephone number indicated on in the registration form of the Customer, whereas the Customer shall be entitled to use all of the communication channels, indicated under the column “CONTACTS” of the internet website VisitKaunas.

12. Liability
12.1. The Customer shall be liable for the correctness of the data provided in the registration form entirely. In case the Customer provides incorrect data in the registration form, The Seller shall not be held liable for any outcome pertaining to that and shall acquire the right to request the Customer to reimburse the direct incurred losses.
12.2. The Seller shall be exempt from any liability in any cases, when the damages occur due to the fact that the Customer fails to take into consideration the recommendations of the Seller and own liabilities, consequently does not get acquainted with these Rules (even though such an opportunity was granted).
12.3. In case of occurrence of damages, the guilty party shall reimburse the incurred losses to the other party in accordance with the procedure and on the grounds established under the legal acts of the Republic of Lithuania.

13. Marketing means applied by the Seller
13.1. The Seller shall be entitled to implement campaigns of any nature, to change their conditions or to terminate them.
13.2. In case the Customer agrees for the informational notifications (Kaunas IN newsletters) to be sent by the indicated e-mail address shall mark the consent by a tick. At the request of the Customer the Seller shall not use the personal data of the Customer for the marketing purposes and shall not send advertising or informational notifications to the Customer, except for the ones that are necessary for the implementation of the order submitted by the Customer.
13.5. In case the Customer acquires a good, during the purchase of which the Customer uses Kaunastic gift card and exercises the right to return the good established under Item 4.2. of these Rules, the Customer shall be retuned the sum of the value of the acquired good, in accordance with the procedure established under these Rules.

14. Final provisions
14.1. These Rules have been composed in accordance with the legal acts of the Republic of Lithuania.
14.2. These Rules and the relationship between the Parties in respect of these Rules shall be subject to and they shall be interpreted in accordance with the laws of the Republic of Lithuania.
14.3. All the disagreements arising from the implementation of these Rules shall be solved by means of negotiations. In case it is failed to reach an agreement, the disputes shall be solved following the procedure established under the laws of the Republic of Lithuania.
14.4. The parties shall be exempt from implementation of the liabilities established under these Rules, in case they are impossible to implement due to unforeseen circumstances that also do not depend upon the will of the Party, which shall include:
• fire, explosion, storm and other natural disasters and acts of god that prevent from implementing the undertaken liabilities or due to which their implementation is delayed;
• event or circumstance, which the party(ies) to the contract cannot control and which impede the implementation of the undertaken liabilities or due to which their implementation is delayed;
• actions of the Government or authorities, which prevent the implementation of the undertaken liabilities or due to which their implementation is delayed.
• A request/ complaint concerning a good acquired on our internet website may be submitted to State Consumer Rights Protection Authority (SCRPA), address: Vilniaus St. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, telephone +37052626751, internet website www.vvtat.lt, territorial subdivisions thereof located in the counties: vvtat.lt/index.php?470187665 or complete a request form at EGS platform http://ec.europa.eu/odr/, but before that you must contact us by info@kaunasin.lt.

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