Purchase and Sale Terms

Buying and Selling Rules

1. Definitions 

1.1.   The Seller is a private limited liability company E-marketas, legal entity code 302444245, VAT code LT100004978113, registered office address Savanorių pr. 176F, Vilnius LT-03154, which sells the goods in the Online Shop.

1.2.   "Online Shop" means the online shop padangos123.lt on which the Seller's goods are sold in accordance with these Terms.

1.3.   Buyer – a natural person with legal capacity (a person who has reached the age of majority and whose legal capacity has not been restricted by a court order, or a minor aged between fourteen and eighteen years who has the consent of his/her parents or guardians), or a legal person who purchases in the Online Shop.

1.4.   The parties are the Buyer and the Seller together.

1.5.   Rules – these rules for the purchase and sale of goods, which shall apply to each purchase made by the Buyer on the Online Shop and to each Contract concluded between the Buyer and the Seller.

1.6.   Account – a registered user account of the Buyer for shopping in the Online Shop.

1.7.   Privacy Policy – The {privacy and cookie policy} approved and made public by the Seller.

1.8.   Order – an order for Goods, formed by shopping in the Online Shop or by other means of distance selling, which specifies the Goods the Buyer wishes to purchase from the Seller. Orders placed by telephone, e-mail or other distance selling methods shall be executed in accordance with the procedure set out in the Rules and shall be subject to the provisions of the Privacy Policy. By placing an order, the Buyer agrees to the Terms and Conditions and their application.

1.9.   Contract – a contract for the sale of goods concluded between the Buyer and the Seller, which shall be deemed to have been concluded from the moment the Buyer, after having created a shopping cart, clicks on the {buy} link, or places an Order by telephone, e-mail or other distance selling methods. Each Contract concluded between the Buyer and the Seller shall be registered and stored in the Online Shop database.

 

2.    General Rules

2.1.   The Terms and Conditions are a legal document binding on the Parties, which establishes the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and payment for them, the procedure for the delivery and return of goods, the liability of the Parties, and any other provisions relating to the purchase - sale of goods in the Online Shop.

2.2.   By making a purchase in the Online Shop and ticking the box next to the statement {agree to terms}, the Customer confirms that he/she has read, understood, accepted and agrees to be bound by and comply with these Terms and Conditions.

2.3.   The Seller reserves the right to change, amend or supplement the Terms and Conditions at any time, taking into account the established legal requirements. The amendments shall enter into force from the moment of publication and shall apply to all new Contracts entered into after publication.

2.4.   The Seller shall process any information relating to the Buyer's personal data in accordance with the Seller's approved and publicly available Privacy Policy.

 

3. Rights and obligations of the Buyer

3.1.   The Buyer shall have the right to purchase goods in the Online Shop in accordance with these Terms and Conditions.

3.2.   The Buyer shall have the right to withdraw from the Order or the Contract in accordance with the procedures set out in these Terms and Conditions.

3.3.   The Buyer shall have the right to exchange or return the purchased goods in accordance with the procedure set out in the Regulations.

3.4.   The Buyer undertakes to pay for the goods ordered and to accept them in accordance with these Conditions.

3.5.   The Buyer undertakes to pay the costs of returning the goods, if they are chargeable to the Buyer in accordance with the law.

3.6.   The Buyer undertakes to read and comply with these Terms and Conditions.

3.7.   The Buyer undertakes to review the Seller's approved and published Privacy policy. When the Customer creates an account in the Online Shop or concludes a contract for the purchase and sale of goods, it shall be deemed that he/she has read the Privacy Policy.

 

4. Legal obligations of the Seller

4.1.   The Seller shall have the right to immediately and without notice limit or suspend the Buyer's access to the Online Shop or, in exceptional cases, to terminate the Buyer's Account if the Buyer attempts to undermine the stability or security of the operation of the Online Shop, or breaches his/her obligations.

4.2.   In the event of unforeseen circumstances, the Seller may temporarily or permanently discontinue the operation of the Online Shop without prior notice to the Buyer.

4.3.   The Seller shall be entitled to contact the Customer using the details provided in the Order if it is necessary to clarify the information provided in the Order or for any other matters related to the execution of the Order.

4.4.   The Seller shall have the right to remove the Buyer's Order without notice if the Buyer, having chosen the payment methods provided for in clauses 5.3.1 and 5.3.2, fails to pay for the Goods within three working days.

4.5.   The Seller shall be entitled to remove the Buyer's Order without prior notice if the Seller is unable to contact the Buyer using the details provided in the Order for more than two days.

4.6.   The Seller shall have the right, at its sole discretion, to determine the minimum basket size, i.e. the minimum amount at which the Buyer's Order shall be fulfilled. The amount can be seen when viewing the shopping cart.

4.7.   The Seller shall have the right to remove the Buyer's Order after informing the Buyer if, due to important circumstances, the Seller is unable to fulfil the Order.

4.8.   The Seller undertakes to fulfil the Buyer's orders and to enable the Buyer to use the Online Shop in accordance with the procedures set out in these Terms and Conditions.

4.9.   The Seller undertakes to respect the Buyer's privacy and to process the Buyer's Personal Data only in accordance with the Rules, the Privacy Policy and the legal acts.

4.10. The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer and to accept the Buyer's return of the goods, subject to the terms and conditions set out in the Conditions.

4.11. In exceptional cases, under objectively justified circumstances beyond the Seller's foreseeable and controllable control, the delivery of the Goods may be delayed or made impossible. In this case, the Seller undertakes to contact the Buyer immediately to discuss the possibility of further execution of his order.

4.12. In exceptional cases, in the event of objectively justified circumstances beyond the Seller's foreseeable and controllable control, and in the event of the Seller being unable to fulfil the order, the Seller undertakes to offer an analogous or, as far as possible, a similar product. If the Buyer refuses to accept an equivalent or similar product, the Seller undertakes to refund the Buyer's money within three working days.

 

5. Prices, Payment Procedures and Terms

5.1.   The prices of padangos123.lt products are quoted in euros, including VAT and other taxes, if any, applicable at the time in accordance with applicable law.

5.2.   The price does not include delivery.

5.3.   The Buyer may pay for the ordered goods by one of the following methods (the choice may be limited, so the final list of payment methods applicable to the respective order is specified in the respective order):

5.3.1.  Payment by e-banking;

5.3.2.  Payment by bank transfer;

5.3.3.  Payment in cash or by bank card upon delivery;

5.3.4.  Hire purchase using a third-party consumer credit contracting service;

5.3.5.  Purchase by any other means indicated in the Online Shop.

5.4.   The Buyer, having chosen the methods of payment provided for in clauses 5.3.1 and 5.3.2, undertakes to pay immediately. In the aforementioned cases, subject to the Seller's right provided for in Clause 4.4 of the Rules, the Order shall commence and the delivery period shall commence only upon receipt of payment for the Goods.

5.5.   By accepting the Terms and Conditions, the Buyer agrees that the documents of purchase of the Goods, i.e. the VAT invoices, which are also the documents of warranty for the Goods, may be provided to the Buyer electronically to the e-mail address indicated in the Buyer's registration form after the completion of the order. VAT invoices shall state the details of the Seller, the goods selected, the quantity, the final price of the goods, including all taxes, and any other particulars required to be provided in accordance with the legislation governing accounting records.

5.6.   The price of the Goods may change after the Seller has confirmed the order only in exceptional cases due to objective material reasons beyond the Seller's control (subject to proof of such reasons). If the reasons for the price change are justified and the Buyer does not agree to purchase the goods at the new price, the Buyer may cancel the order by informing the Seller within two working days. In the event of cancellation in accordance with the procedure set out in this clause, the Seller undertakes to return the money paid to the Buyer within three working days. The validity of the reasons for changing the price is assessed on a case-by-case basis.

5.7.   The payment methods approved and published by the Seller can be found in the {payment methods} section of the E-shop.

 

6. Goods Delivery

6.1.   The Buyer undertakes to specify the exact place of delivery.

6.2.   The Buyer undertakes to accept the goods himself. Valid proof of identity is required at the time of acceptance of the goods.

6.3.   The Buyer undertakes not to complain to the Seller about the delivery of the Goods to the wrong person when the Goods are delivered to the address and other details provided by the Buyer, but the Buyer is unable to take delivery of the Goods himself.

6.4.   Goods shall be delivered by the Seller or its authorized representative (courier).

6.5.   The Seller undertakes to deliver the Goods to the Buyer in accordance with the time limits specified in the descriptions of the Goods. The Buyer also agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and inform him of the change in the delivery dates.

6.6.   The Seller shall be exempted from liability for breach of delivery deadlines if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties unrelated and/or independent of the Seller, or due to circumstances beyond the Buyer's control.

6.7.   At the time of delivery, the Buyer must inspect the condition of the consignment with the Seller or his authorized representative (courier). Once the Buyer has signed the delivery acceptance document, the Goods shall be deemed to have been delivered in good condition, free from damage and without any discrepancies in the composition of the Goods (such discrepancies as can be ascertained by an external inspection of the Goods, including tire dimensions and date of manufacture).

6.8.   If the Buyer notices that the packaging of the delivered goods is damaged (crumpled, wet or otherwise externally damaged), the goods are in an unsuitable condition, or that there is a discrepancy in the assembly of the goods, the Buyer shall have the right to refuse to take delivery of the goods, and when accepting the goods, in the presence of the Seller or his authorized representative (courier), he must clearly indicate this in the document of delivery and acceptance of goods.

6.9.   If the Buyer fails to perform the actions referred to in Clauses 6.7 and 6.8 of the Regulations, the Seller shall be exempted from liability in respect of any damage to the Goods (where the basis for such damage is not a manufacturing defect) and for any inconsistencies in the composition of the Goods, provided that such inconsistencies can be determined by an external inspection of the Goods.

6.10.  The risk of accidental destruction or damage to the Goods shall pass to the Buyer from the moment the Goods are handed over to the Buyer.

6.11. If the Seller or its authorized representative (courier) is unable to deliver the Goods due to the Buyer's fault more than twice (with the Seller renegotiating the delivery circumstances at the time of the second delivery), the Order shall be cancelled, and the Buyer shall be refunded the money paid for the Goods. In such cases, the Seller reserves the right to deduct the bank charges applicable to the Seller for the bank transfers made and the delivery charge, if applicable.

6.12. The Seller's approved and published information on delivery methods and rates can be found in the {delivery of goods} section of the E-shop.

 

7. Guarantee of product quality and shelf life.

7.1.   All goods sold by padangos123.lt shall be guaranteed for two years against manufacturing defects and damage occurring before the goods are handed over to the Buyer.

7.2.  The e-shop search tool {search_by_car} provides recommended dimensions for products, but in no way confirms the suitability of the product for the car in terms of other characteristics, or the suitability of the dimensions for a particular version of the car.

7.3.   The images of the products in the online shop are for illustrative purposes only. The size, dimensions or other parameters of the goods sold by the Seller may differ from the images of the goods displayed in the Online Shop. The colours of the goods sold by the Seller may not match the images of the goods displayed in the Online Shop due to the characteristics of the Buyer's computer or smart device screen and other technical reasons. The exact characteristics of the goods sold in the Online Shop are specified in the product description.

7.4.   The tire warranty is not valid for defects caused by incorrect use or storage, mechanical or chemical damage, use of incorrect rim size/type, incorrect air pressure in the tire, incorrect selection of load, speed indices or other parameters, incorrect installation, repair or other reasons that are directly or indirectly caused by the Buyer.

7.5.    The warranty does not cover tire mileage or damage caused after the tread has worn down to the manufacturer's recommended minimum mark.

7.6.   The rim warranty does not apply to defects caused by the use of incorrect bolts or centering rings.

7.7.   Warranty information approved by the Seller and made publicly available can be found in the {Warranty} section of the E-shop.

 

8. Return and Exchange of Goods

8.1.   The Buyer, a natural person who has purchased the goods for purposes unrelated to his business, trade, craft or profession, shall have the right to withdraw from the contract of sale of the goods and to return the goods without stating a reason within fourteen days. The Buyer must notify the Seller of its intention to exercise this right within fourteen calendar days of the date of delivery of the goods.

8.2.   Goods returned by the Buyer must be in good condition, in the same condition, and in the same condition as when they were returned (no damaged labels, no peeled protective films, etc.). This does not apply in the case of returns of faulty goods.

8.3.   To return an item by email, the buyer must submit a free-form request and proof of purchase.

8.4.   The Seller shall have the right not to accept the Buyer's returns if the Buyer does not comply with the return procedure set out in these Terms and Conditions.

8.5.   In the case of return of goods in accordance with the right provided for in clause 8.1, the Buyer shall bear the costs of returning the goods.

8.6.   The Seller shall refund the money paid to the Buyer by bank transfer, regardless of the payment method chosen.

8.7.   Returned rims must be in their original packaging, which is designed to protect them from mechanical damage during transport and which is considered part of the product.

8.8.   If the Buyer has been delivered the wrong goods, the Buyer must inform the Seller by telephone or e-mail immediately, but not later than within five working days. The Seller undertakes to collect such goods and replace them with suitable goods at his own expense. In the event that the Seller does not have the goods ordered, the Seller shall refund the money paid for the goods to the Buyer.

8.9.   The Seller shall be exempt from liability and reserves the right not to replace the goods delivered in the wrong condition if these discrepancies could have been detected by an external inspection of the goods before the goods were put into use, but the Buyer nevertheless deliberately proceeded to use the goods.

8.10. If a price difference arises from the replacement of the goods, the Buyer must pay the Seller according to the recalculated prices of the goods at the time of replacement.

 

9. Responsibility

9.1.   The Buyer shall be liable for any unlawful acts committed through the use of the Online Shop.

9.2.   The Buyer is responsible for the accuracy of the data provided in the Order and the registration form.

9.3.   The Seller is not responsible for the information contained in links to the websites of other companies, institutions, organizations or individuals.

9.4.   The Customer is responsible for the transmission of his Account login details to third parties. If the Online Shop is used by a third party who has logged in with the Buyer's data, the Seller shall consider this person as the Buyer.

9.5.   The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer's failure to read these Terms and Conditions, the Privacy Policy, the Warranty Terms and Conditions, without taking into account the Seller's recommendations and obligations, although the Buyer was given the opportunity to do so.

 

10. Trade Marketing Initiatives

10.1.                    The Seller may, at its sole discretion, initiate various promotions in the Online Shop.

10.2.                    The Seller has the right to unilaterally change the terms and conditions of the promotions, including cancellation, without prior notice.

10.3.                    With the Buyer's consent, the Seller shall be entitled to send information about the applicable marketing measures to the e-mail address provided by the Buyer in the registration form.

 

11. Final Provisions

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

11.2.                    The Buyer shall send all notifications and questions to the e-mail address provided in the contact section of the Online Shop.

11.3.                    Any dispute, controversy or claim arising out of the application of these Rules shall be settled by negotiation. In the event of disagreement between the parties, disputes shall be settled in accordance with the law.

11.4.                    Buyers' complaints shall be considered and the Seller's response shall be provided within 14 calendar days of receipt of the complaint.

11.5.                    If any provision of these Terms and Conditions is found by a court to be unlawful, void or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Rules which is held to be unlawful, void or unenforceable in whole or in part shall remain in full force and effect to the extent that it has not been held unlawful, void or unenforceable.

11.6.                    {user rights}