PURCHASE RULES
- 1. GENERAL TERMS AND CONDITIONS
1.1. These Purchase Rules (hereinafter – the Rules) aim at informing the persons who buy on our e-store about the terms and conditions of sale and at providing information about the Seller.
1.2. These Rules shall apply in all cases when the Buyer purchases items from this e-store (e-store address: https://www.galerijavartai.com/store/ (hereinafter – the E-Store)) and shall be considered as the Sale and Purchase Contract.
1.3. These Purchase Rules shall regulate the rights and mutual obligations of the Buyer and the Seller, the price of items, payment procedure, shipment conditions and terms, rules for the return and exchange of items, liability of the parties and other related terms and conditions. These Rules shall be considered the Sale and Purchase Contract made between the Buyer and the Seller.
1.4. Before placing an order for items in our E-Store, the Buyer shall read and accept these Rules and our Privacy Policy[KS1] . Please, read these documents carefully. If the Buyer does not tick that he/she has read and accepted these Rules and the Privacy Policy, it will not be possible to complete the order.
1.5. The Seller shall have the right to amend these Rules, therefore, it is advisable to revisit these Rules each time before purchasing in our E-Store.
- 2. INFORMATION ABOUT THE SELLER
2.1. The Seller is MB Gallery Vartai, legal entity identifier: 120193337, VAT payer's identifier: LT201933314, office address: Vilniaus g. 39, LT-01119 Vilnius, Lithuania. Data about the Seller are compiled and stored in the Register of Legal Entities, registrar – State Enterprise Centre of Registers. You may contact us using these contact details: e-mail: [...]; telephone number: – [...].
- 3. PERSONAL DATA PROTECTION
3.1. All the personal data provided by the Buyer (name, surname, address, telephone number, e-mail address, etc.) when handling an order shall be processed in accordance with the General Data Protection Regulation (No. 2016/679), the Republic of Lithuania Law on the Legal Protection of Personal Data (No. I-1374), other legal acts regulating personal data protection and the Privacy Policy of our website.
3.2. The Buyer shall read and accept our Privacy Policy before placing an order for items. Where the Buyer has any questions or any part of the Privacy Policy is unclear, the Buyer may contact the Seller. The Seller shall give the explanations necessary to the Buyer without delay, not later than within 5 working days.
3.3. The Buyer shall immediately inform the Seller in case he/she has supplied inaccurate information about himself/herself when making the order, which would prevent the Seller from delivering the items to the Buyer or from seeing that the Buyer has made payment for the items.
3.4. The Buyer shall be responsible for submission of correct personal data about himself/herself and, where necessary, for their prompt updating in case incorrect data have been supplied. Submission of incorrect personal data about himself/herself by the Buyer can lead to the Seller's inability to perform or properly perform the Purchase and Sale Contract, i.e. the delivery of the items not to the Buyer. If the Seller performs the contract in an improper manner as a result of incorrect or inaccurate information submitted by the Buyer, the Buyer shall be held liable for the improper performance of the contract.
- 4. ITEMS
4.1. The photographs of items and their images presented on the E-Store serve for illustration purposes and can have minor differences from the images available on the E-Store; irrespective of that, the Seller has made all efforts to have the items sold on its E-Store and their colour to be represented as accurately as possible. By accepting these Rules, the Buyer acknowledges that he/she understands that the items can have minor differences from their available photographs and images.
4.2. The packaging of items is not shown together with the image of the items, except in the cases when their packaging has major importance on the use of the items. The items are packed so as to be protected against potential impacts and damage as much as possible during shipment.
4.3. All the items shown on the E-Store are available and the Buyer may buy them.
4.4. The prices stated on the E-Store exclude shipping costs. The shipping costs for the items are stated separately when ordering the items. The shipping costs of the items shall be paid by the Buyer.
4.5. Whereas the E-Store sells the artwork created by artists and may not be copied or replicated, the Buyer may buy only piece of each artwork, unless the item description indicates otherwise.
4.6. All artwork is sold together with certificates of authenticity. Authenticity certificates are not issued for books, catalogues and other serial items. Whether the item is sold together with an authenticity certificate, is stated on the item description.
- 5. CONCLUSION OF THE PURCHASE AND SALE CONTRACT
5.1. Persons who can buy from the E-Store:
5.1.1. individuals from the age of 18;
5.1.2. individuals between 14 and 18 years of age who have a consent from their parents or guardians;
5.1.3. legal entities.
5.2. In order to purchase from the E-Store, the Buyer shall confirm his/her order. An order can be confirmed in the following steps:
5.2.1. put the item chosen into your cart;
5.2.2. confirm that you have read these Rules and the Privacy Policy;
5.2.3. enter the information (personal data) necessary for the shipping of the item: name, surname, e-mail address, telephone number, accurate address;
5.2.4. enter the details of the bank card used to pay for the item (name and surname of the card holder, card number, expiration date of the card, CVV);
5.2.5. confirm payment for the items.
5.3. It shall be considered that the Purchase and Sale Contract has been made between the Buyer and the Seller after the payment for the items has been confirmed.
5.4. As soon as the Buyer confirms the payment for the items, the order confirmation will be sent by e-mail, SMS or to other contact details stated by the Buyer.
5.5. The Seller shall register all orders confirmed and maintain the register of orders, which shall be stored in the Seller's database.
5.6. The Seller shall issue a VAT invoice to the Buyer for each order confirmed and paid. The VAT invoice shall be issued at the date of the day when the payment is received. The VAT invoice shall be attached to the shipment to the Buyer.
5.7. If the Seller is unable to sell the item wanted to the Buyer due to a system error because the item is no longer available for sale, the Seller shall inform the Buyer thereabout by e-mail or other means (e.g., by a phone call), and the order shall not be completed. All the money paid by the Buyer for such item shall be refunded not later than within 14 calendar days.
- 6. WITHDRAWAL FROM THE CONTRACT AND RETURN OF ITEMS
6.1. The Buyer shall have the right to withdraw from the Purchase and Sale Contract, i.e. to return the items bough to the Seller without indicating any reason, within 14 calendar days after the day of receipt of the items. The shipment costs for the items returned shall be paid by the Buyer. This right shall be available only to individuals and shall not apply to buyers who are legal entities.
6.2. If the Buyer decides to return the items to the Seller, the shipment costs for returning the items to the Seller shall be covered by the Buyer.
6.3. In order to exercise the right to return the items (withdraw from the contract), the Buyer shall send a free-format application to the Seller where he/she shall state that the Buyer is withdrawing from the contract (the form is available for downloading here: PDF format[KS3] , DOC format[KS4] ). Upon receipt of such application from the Buyer, the Seller shall immediately send a confirmation that the application has been received.
6.4. Items shall be returned to the Seller's address: Vilniaus g. 39, LT-01119 Vilnius, Lithuania.
6.5. The Buyer shall send or otherwise hand over the items to the Seller without delay and at least within 14 (fourteen) calendar days after the day of submission of his/her notification on the decision to return the items (withdraw from the contract). Where the items returned are shipped, it shall be considered that the time limit has not been exceeded if the items have been shipped before the expiry of the time period of 14 (fourteen) calendar days.
6.6. The Buyer may exercise his/her right to return the items (withdraw from the contract) only in case the time limit of 14 (fourteen) calendar days as stated in clause 6.6 has not been missed and the items have not been damaged by the Buyer.
6.7. The Buyer who has made use of his/her right to return the items (withdraw from the contract) shall get back all the money, including the shipment costs. The shipment costs shall not be refunded in case the Buyer has selected the method of shipment other than the cheapest from the methods offered (in case there are multiple shipment methods available). Upon receipt of the items, the Seller shall inspect their quality and refund the money not later than within 14 (fourteen) calendar days as of the day of receipt of the items.
6.8. The Buyer shall be liable for a decrease in the value of the items caused by the actions, which were not necessary in order to find out the type, properties and operation of the items. That means that the Seller shall have the right to decrease the amount refundable to the Buyer unilaterally in proportion to the estimated decrease in the value of the items.
6.9. The Buyer shall return all accessories, certificates and gifts along with the items. Failure to return them would mean a decrease in the value of the items.
6.10. The Seller shall have the right not to refund the amounts paid by the Buyer until the items have not been returned to the Seller and they quality has not been assessed.
6.11. When returning the items, the Buyer shall submit to the Seller the document to confirm the purchase of the items (e.g. the VAT invoice, etc.) or any other item of proof showing that the Buyer has bought the items from the Seller.
6.12. The Buyer shall in any case have all the rights provided for by legal acts of the Republic of Lithuania with regard to the sale of poor quality items.
6.13. The Buyer (both an individual and a legal entity) shall have the right to return the items for their quality deficiencies. In such a case, the Buyer shall inform the Seller about such return of the items by completing a free-format application (the form is available for downloading here: PDF format[KS5] , DOC format[KS6] ). The Seller shall refund the price paid for the poor quality items and for shipment as well as the return costs to the Buyer. The Seller may withhold the shipping costs for the items returned if the Buyer chooses a method other than recommended by the Seller for the return of the items and, as a result, the shipment costs increase disproportionately.
6.14. Once the items have been returned, the money paid for the items and, in the cases set out in these Rules and in the legal acts of the Republic of Lithuania, also for their shipment, shall be refunded to the Buyer to the bank account in any bank operating in the Republic of Lithuania as indicated by the Buyer.
- 7. PRICE OF THE ITEMS
7.1. The prices of the items on the E-Store shall be shown inclusive of the VAT, where applicable. Works of art shall be sold without the VAT subject to a special VAT scheme.
7.2. The Buyer shall pay for the shipment of items separately.
7.3. The prices of the items subjected to the VAT shall be stated inclusive of the specific VAT rate applicable at the relevant time. In case the VAT rate changes within the time period between the order for the items and the receipt of payment, the price of the items may be recalculated according to the new VAT tariff. In such a case, the Seller sell inform the Buyer about the changes of the VAT tariff (by e-mail or phone call) and shall offer him/her an opportunity to purchase the items under the new VAT tariff or cancel the order. The order shall not be completed until the Buyer's reply has not been received. In case the Buyer fails to submit his/her reply within 14 calendar days, it shall be considered that the Buyer has revoked the order.
7.4. If the item ordered by the Buyer has been listed on the E-Shot with a wrong price, the Seller shall contact the Buyer (by e-mail or phone call) and inform the Buyer about the mistake and shall cancel the order. In order to buy the same item, the Buyer shall place an order anew after the error has been corrected and the true price has been listed.
- 8. PAYMENT FOR THE ITEMS
8.1. The Buyer may pay for the items by a bank card – by entering the bank card details referred to in clause 5.3.4 of the Rules during the order confirmation.
8.2. Once the bank card details have been entered and the button “Submit Payment”[KS7] has been pressed, the Buyer's order shall be confirmed and the item price and the shipment cost for the item shall be automatically debited from the Buyer's bank account.
8.3. The E-Store accepts only Visa, MasterCard and American Express bank cards for payment.
8.4. The Seller reserves the right to offer new methods of payment for the items. After the Seller offers new methods of payment for the items, these Rules would be updated to the extent necessary to adjust them to the new method of payment.
9.1. Items shall be shipped to the Buyer using the sole method – through a courier service.
9.2. The cost of shipping shall be automatically added and shown to the Buyer before confirmation of the order.
9.3. The shipment cost for the items shall be calculated for each cart separately and shall depend on the weight, dimensions and delivery place of the items. The final shipping price for items in the cart will be shown to the Buyer before he/she confirms the order.
9.4. The Seller shall send the items to the courier not later than within 7 working days. The time of delivery of items to the Buyer may differ depending on the delivery place indicated. The Seller may show the estimated delivery time before an order for the items is placed and the payment is made.
9.5. The items shall be shipped to the Buyer to the address he/she has indicated. The Buyer shall be responsible for the correctness of his/her address.
9.6. The right of ownership of to the items shall pass over to the Buyer as of the moment of their acceptance. Before accepting the items, the Buyer shall check their condition together with the courier's representative. If any defect of the items is identified, the Buyer shall have the right to refuse to accept such shipment. In such a case, the Buyer shall, together with the courier's representative, complete a special shipment inspection statement to be provided by the courier's representative and shall state the damage identified.
9.7. Once the shipment has been accepted and the fact of delivery has been confirmed with the signature (in a hard-copy delivery receipt or on an electronic data device), it shall be considered that the items delivered have not been damaged and the items have been delivered in a proper manner.
9.8. Upon delivery of the items to the address indicated by the Buyer, it shall be considered that the items have been handed over to the Buyer, irrespective of whether the shipment has been accepted by the Buyer in person or by any other person.
9.9. The Buyer must check the quantity, completeness and composition of the items within 7 (seven) calendar days after the day of acceptance of the shipment. If any deficiencies are identified, the Buyer shall contact the Seller immediately within 7 (seven) calendar days after of the day of acceptance of the items. In such a case, the Seller shall remedy the shortcomings in the quantity, completeness and/or composition of the items at its own cost. If the Buyer does not comply with this obligation within the set time limit and does not contact the Seller, it shall be considered that the items, their quantity, completeness and composition conform to the requirements of these Rules.
9.10. The Seller shall have the right to offer other methods for the shipping or collection of items in the future. In such a case, these Rules would be updated to the extent necessary to adjust them to the new methods of shipment or collection of the items.
- 10. OBLIGATIONS OF THE BUYER AND THE SELLER
10.1. The Buyer hereby undertakes:
10.1.1. to provide correct and complete information about himself/herself when placing an order;
10.1.2. to pay for the items ordered and collect/accept them under the procedure set out by these Rules;
10.1.3. before starting to use the items, to make sure that the Buyer has received the item which has been ordered, and make sure that it has no damage and is of good quality;
10.1.4. to use the E-Store in good faith, without interfering with its customary activities and without breaching the requirements of legal acts of the Republic of Lithuania;
10.1.5. not to use the items for commercial, resale purposes;
10.1.6. to comply with the requirements of these Rules and legal acts of the Republic of Lithuania as much as that is related to purchasing on our E-Store;
10.2. The Seller undertakes:
10.2.1. to ensure the protection of the personal data provided by the Seller in accordance with legal acts regulating personal data protection;
10.2.2. to deliver the items ordered and paid by the Buyer;
10.2.3. to comply with the requirements of these Rules and legal acts of the Republic of Lithuania as much as that is related to purchasing made by the Buyer on our E-Store.
- 11. WARRANTY
11.1. The legal acts of the Republic of Lithuania grant the warranty (statutory warranty) of two years for the items bought by the Buyer.
11.2. As far as the warranty for poor quality item is concerned, the Buyer shall contact the Seller during the warranty period by e-mail [...].
11.3. When delivering the item under warranty to the Seller, the Buyer shall also submit the document confirming the purchase of the item (VAT invoice, etc.) to the Seller;
11.4. When delivering the item, the Buyer shall state how he/she wishes the complaint to be addressed:
11.4.1. eliminate the item deficiencies, where possible;
11.4.2. replace the item with an analogous, proper quality item, where possible;
11.4.3. reduce the purchase price (part of the price paid shall be refunded to the Buyer);
11.4.4. refund the whole item price and cancel the contract.
11.5. The Seller shall provide its response to the complaint within 14 calendar days.
- 12. LIABILITY
12.1. The Buyer shall be held responsible for all actions made on the E-Store, including but not limited to the correctness of the information provided. The Buyer shall assume full responsibility for the consequences resultant from the inaccurate or incorrect information provided by the Buyer.
12.2. In case the Buyer indicates that he/she has read these Rules and the Privacy Policy although he/she does not do that, the Seller shall, to the extent that is not contrary to legal acts of the Republic of Lithuania, be released from liability for the losses resultant from the Buyer's failure to read the above-referred documents.
12.3. If the Seller violates these Rules, it shall be liable for the Buyer's damage directly resultant from the breach of these Rules.
- 13. SENDING OF NOTICES
13.1. In order to contact the Seller, the Buyer may do that by e-mail [...], phone numbers [...] or by sending a regular or registered letter to the address: Vilniaus g. 39, LT-01119 Vilnius.
13.2. In order to contact the Buyer, the Seller shall use the contact details indicated when placing the order.
13.3. Al the notices (complaints, claims, etc.) sent by both parties by e-mail shall be considered as sent in writing.
- 14. FINAL PROVISIONS
14.1. These Rules have been drawn up in accordance with legal acts of the Republic of Lithuania. Where any provision of these Rules conflicts with the provisions of legal acts, that does not invalidate the remaining provisions of these Rules.
14.2. The law of the Republic of Lithuania shall apply to all legal relations arising out of these Rules.
14.3. Any contract made between the Seller and the Buyer shall be regulated by the provisions of these Rules and other documents referred to herein. Any deviations from these Rules shall be valid only if formalised by a written document.
14.4. All disagreements concerning these Rules shall be settled by negotiations. In case of failure by the Parties to agree within 30 calendar days, the disputes shall be resolved under the procedure set out by legal acts of the Republic of Lithuania.
14.5. If the Buyer does not agree with the Seller's response to the Buyer's written claim, the Buyer (individual, consumer) may submit his/her request or complaint concerning the item purchased on the E-Store to the State Consumer Rights Protection Authority (Vilniaus g. 25, LT-01402 Vilnius, e-mail: paštas.tarnyba@vvtat.lt, tel. (85) 279 1466, website www.vvtat.lt) (as well as to the territorial county units of the State Consumer Rights Protection Authority) or may complete the application form on the EGS platform https://ec.europa.eu/odr/.
