Rules for buying

CLOSED JOINT STOCK COMPANY MONTE PACIS

(Company code: 301126535)

 

 

APPROVED

Director of UAB MONTE PACIS

2020 November 27 Order. No. DS2020-11-27

 

PURCHASING RULES

 

CHAPTER I

GENERAL PROVISIONS

 

1. These Procurement Rules (hereinafter referred to as the Rules) regulate the rights and obligations of persons acquiring goods and services sold by UAB MONTE PACIS (hereinafter referred to as the Company), the conditions of acquisition, payment and delivery of goods / services.
2. The rules apply when purchasing goods / services in the online store https://monastic.lt/.
3. By purchasing goods / services, the person confirms that he / she has read these Rules and agrees with the conditions set out in them.
4. The Rules have been prepared in accordance with the Civil Code of the Republic of Lithuania (Valstybės žinios, 2000-09-06, No. 74-2262) and other legal acts regulating the Company’s activities.
5. The Seller has the right to change / update these Rules at any time. The Buyer can get acquainted with the changes on the Seller’s website at https://monastic.lt/.
6. Terms used in the rules:
   
   • Seller – UAB MONTE PACIS, legal entity code 301126535, address T. Masiulio str. 31, Kaunas;
   • Buyer – a natural or legal person who acquires the goods sold by the Seller;
   • Parties – the Buyer and the Seller together;
   • Goods – goods and services sold by the Seller (hereinafter in the Rules, goods and services are collectively referred to as goods);
   • Personal data – personal data provided by the Buyer, a natural person, necessary for the purchase of goods and / or creation of the Buyer’s account;
   • Privacy Policy – a document approved by the Seller and published on the website, regulating the collection, use and storage of the Buyer’s personal data;
   • Buyer’s account – a personal account created by the Buyer on the Seller’s website, where the Buyer can see the status of the placed order, purchase goods, revoke consent for direct marketing, etc.
   • Point of sale – the place of purchase of goods in the physical store of the Seller, address T. Masiulio str. 31.

 

CHAPTER II

ORDERING GOODS

 

7. The Buyer can order the goods sold by the Seller on the website https://monastic.lt/ or purchase the goods at the Point of Sale.
8. Ordering goods on the website:
   
   • The buyer selects the desired goods on the website https://monastic.lt/ and clicks “ADD TO CART”;
   • The Buyer’s shopping cart is formed on the website;
   • The buyer can view the formed shopping cart, change the quantity of selected goods, choose the method of delivery of goods;
   • After setting the desired options, the Buyer clicks “PLACE ORDER” and is directed to the window for submitting personal data and payment for the goods;
   • The buyer provides the personal data required to order the goods: name, surname, address, delivery address of the goods (if the goods are delivered to another address), telephone number and e-mail address;
   • The buyer pays for the goods.
9. When ordering goods, the Buyer can create a personal Buyer’s account by checking the “Create an account?” Box and leave comments for the courier delivering the goods (if the goods are delivered via courier).

 

CHAPTER III

PAYMENT FOR GOODS

 

10. When the Buyer orders the goods in accordance with the procedure specified in Chapter II of these Rules, the Buyer is directed to the payment window for the goods.
11. The Buyer can pay for the goods in the following ways:
    
    • Bank transfer:
      
      • The Seller’s bank account number is provided to the Buyer;
      • For the purpose of payment, the Buyer must indicate the order number, which will be sent to the e-mail address specified by the Buyer upon submission of the order for goods;
      • The order is processed only after receiving the Buyer’s payment.
    • In cash or by bank card:
      
      • The Buyer may pay in cash or by bank card at the Point of Sale by purchasing or collecting the ordered goods or by delivering the goods by courier to the address specified by the Buyer. If you select this payment method, the order will be processed immediately. Upon arrival by courier, the Buyer must have the exact amount of money in cash, what is the amount of the order, unless payment is made by bank card.
    • Using the OPAY payment collection system:
      
      • After selecting the payment method via the payment collection system OPAY, the Buyer is directed to the payment platform, where the Buyer can pay for the goods by selecting the desired payment method (online banking, direct bank transfer, credit card payment, etc.).

12. The price of the goods is indicated without the delivery price when placing the order. The delivery price is provided before payment and is added to the total order amount when the Buyer chooses the delivery method.
13. Procurement documents – invoices submitted to the Buyer electronically by e-mail specified in the Buyer’s registration form. When the Buyer purchases the goods at the Point of Sale, a receipt is issued to the Buyer.
14. If the buyer cancels the order or renounces the sales contract, the money is returned to the buyer in the same way as it was paid for the goods. The conditions and procedure for returning the Goods are specified in the Return Policy approved by the Seller and published on the website.
15. The warranty terms of the Goods and the terms of warranty service are specified in the terms of warranty service of the Goods approved by the Seller and published on the website.

 

CHAPTER IV

DELIVERY OF GOODS

 

16. When the buyer orders the goods on the website, the goods can be delivered in one of the following ways:
    
    • Delivery by courier: the goods are delivered to the Buyer’s address, or to another delivery address specified by the Buyer. The delivery price is indicated when ordering the goods. The buyer is responsible for the accuracy of the specified address. If the address is incorrect and the goods are re-delivered, the Seller has the right to charge an additional delivery fee. If the buyer changes the address and / or contact details in the personal account, the updated information will be used during the next purchase.
      
      • If the goods cannot be delivered to the address specified by the Buyer, the Seller’s representative shall contact the Buyer regarding the time of re-delivery of the goods. If the goods cannot be delivered a second time, the goods are returned to the Seller, and the Buyer is refunded the amount paid for the goods no later than within 7 calendar days, after deducting the delivery costs.
    • Delivery to a pick-up point: the goods are delivered to the pick-up point chosen by the Buyer. Upon delivery of the goods to the pick-up point, the Buyer receives an short message (sms) with the door opening PIN code and the specified deadline for picking up the goods. The delivery price is indicated when ordering the goods.
17. The Buyer may pick up the ordered goods at the Point of Sale. Pick-up at the point of sale is free of charge. If the Buyer chooses the method of collection of the goods at the Point of Sale, and the Seller has the goods in the warehouse, the goods are prepared for collection within 1-4 working days. The Buyer is informed about the goods ready to be picked up by e-mail. If the Buyer is late in taking back the goods for which the Buyer has not yet paid, for more than 5 working days from the date of sending the notice about the prepared goods to the Buyer, the Seller shall apply to the Buyer 0.5 percent. from the total amount of the order, the storage fee.
    
    • If the Buyer pays for the order in advance, the goods shall be stored in the Seller’s warehouse for a maximum of 10 calendar days from the date of sending the notification about the prepared goods to the Buyer. If the goods are not taken back, the money paid for the goods will be returned to the Buyer, deducting the order administration fee from the refundable amount – 10.00 Eur;
    • If the Buyer chooses the method of payment for the goods at the time of collection, the goods shall be stored in the Seller’s warehouse for no longer than 5 calendar days from the date of sending the notification about the prepared goods to the Buyer. If the buyer does not collect the goods, the order is canceled.
18. Upon delivery of the goods to the Buyer, the risk of accidental death of the goods passes to the Buyer.
19. The goods can be picked up only by the Buyer himself. When delivering the goods by courier, the Buyer must provide the courier with an identity document (identity card, passport or driver’s license).
20. When collecting the goods, the Buyer must inspect the packaging and, if noticing the damage, do not accept the goods. When the buyer accepts the goods and signs the goods acceptance-transfer deed, the delivered goods are considered to be free of defects. If the Buyer notices the defects after acceptance of the goods, the Buyer may apply to the Seller in accordance with the procedure established by the Goods Return Rules and the Goods Warranty Rules.
21. Delivery terms:
    
    • Deadlines for delivery of goods are indicated to the Buyer by e-mail after confirmation of the order;
    • Delivery time – 1-4 business days;
    • The terms of delivery of goods may change regardless of the Seller, due to the mandatory instructions of the authorities of the Republic of Lithuania to carriers, the epidemiological situation in the country and related restrictions, etc. In case of delay in delivery of the goods within the terms specified by the Seller, the Buyer is informed by e-mail, indicating the new delivery term of the goods.

 

CHAPTER V

RIGHTS AND OBLIGATIONS OF THE PARTIES

 

22. The buyer has the right to:
    
    • To receive high-quality, complete (if applicable) goods within the terms specified in the order;
    • Cancel the order and recover the amount paid for the goods, in accordance with the procedure set out in the Rules of Return of Goods;
    • To use the guarantee provided for the goods in accordance with the procedure established by the Goods Guarantee Rules and the Civil Code of the Republic of Lithuania;
    • Change your contact information in your personal account;
    • Do not accept the delivered goods if the packaging and / or goods have visible damage;
    • To demand that, in accordance with the procedure established by the legal acts of the Republic of Lithuania, he be compensated for the damage caused by the Seller’s intentional or negligent actions.
23. Buyer’s responsibilities:
    
    • To pay the Seller for the goods on time and in accordance with the procedure established in these Rules;
    • To accept the goods from the courier (when the goods are delivered by courier), to accept the goods, to present an identity document and to inspect the condition of the delivered goods, assessing whether there is any damage to the goods;
    • When accepting the goods, sign the acceptance-transfer deed;
    • Take back the goods in time after receiving the notice about the preparation of the goods for collection (when the goods are picked up at the Point of Sale);
    • Inform the Seller about the change of contact details or any other circumstances that may affect the delivery of the goods after the order is confirmed.
24. The seller has the right to:
    
    • Do not start the order until the Buyer has paid for the goods;
    • Unilaterally, after notifying the Buyer by e-mail, change the terms of delivery of goods;
    • To cancel the order submitted by the Buyer, if the Buyer does not accept the delivered goods in accordance with the procedure established in Chapter IV of these Rules, does not come to pick up the goods at the Point of Sale and return the amount paid to the Buyer for the goods (if the order was paid in advance);
    • Unilaterally change the prices of goods sold. Price changes do not apply to confirmed orders;
    • To demand that, in accordance with the procedure established by the legal acts of the Republic of Lithuania, he be compensated for the damage caused by the Buyer’s intentional or negligent actions.
25. Responsibilities of the seller:
    
    • The Seller undertakes to provide the Buyer with quality goods in accordance with the procedure established in these Rules;
    • Provide all necessary information regarding the ordering, payment, delivery, return / exchange of goods and warranty conditions;
    • To co-operate with the Buyer on all issues related to the purchase of goods, to solve any problems.

 

CHAPTER VI

RESPONSIBILITY

 

26. The buyer is responsible for the accuracy of the data provided in the registration form and / or order. The Seller is not responsible for late delivery of the goods if the Buyer provides incorrect data.
27. The Seller is responsible for the preservation of the goods until the moment of delivery of the goods to the Buyer. Upon delivery of the goods to the Buyer, the risk of accidental death of the goods passes to the Buyer.
28. The Seller is responsible for the delivery of goods of appropriate quality to the Buyer within the terms specified in the order of goods.
29. The Seller is not responsible for the fact that the goods presented in the Seller’s online store do not correspond in their color, shape or other parameters to the actual size, shape and color of the goods due to the features of the equipment (computer / phone / tablet) used by the Buyer.
30. If the Seller’s website contains links to the websites of other, third parties, the Seller is not responsible for the accuracy of the information that the Buyer sees when clicking on these links. Third parties are responsible for the accuracy of the information provided by third parties.
31. Both Parties shall be liable for damages caused to the other Party.

 

 

CHAPTER VII

DISCLAIMER

 

32. A Party shall be released from liability for non-performance or improper performance of its obligations if it proves that these obligations could not be fulfilled due to “force majeure” circumstances which the Party could not have foreseen and which it could not avoid or overcome. In determining the circumstances of “force majeure”, the provisions of Resolution No. 840 of the Government of the Republic of Lithuania of 15 July 1996 shall apply.
33. A Party that is unable to fulfill its obligations due to force majeure circumstances shall notify the other Party as soon as possible. Force majeure circumstances must also be reported when the grounds for non-compliance cease to exist.
34. The ground for exemption arises from the moment of force majeure circumstances after all documents and evidence have been submitted or, if they have not been notified in time, from the moment of notification. Failure to notify in due time shall render the defaulting Party liable for damages that would otherwise have been avoided.

 

 

CHAPTER VIII

PROCESSING OF PERSONAL DATA

 

35. By placing an order on the Seller’s website or creating a personal account, the Buyer confirms that he has read these Rules and knows, understands and agrees that the Seller, for the purpose of order administration and communication with the Buyer, processes the following Buyer’s personal data:
    
    • Name and surname;
    • Address and delivery address of the goods (if different);
    • Email address;
    • Phone number;
    • Bank account number and other details required for payment for the goods.
36. The Parties undertake to comply with the requirements for the protection of personal data laid down in Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2016/679, the Law on the Legal Protection of Personal Data of the Republic of Lithuania, the Labor Code and other legal acts regulating the protection of personal data.
37. The Seller undertakes to ensure the rights of the Buyer, as a data subject, whose personal data is processed for the purposes of order execution and communication:
    
    • The right to know (be informed) about the processing of personal data;
    • The right of access to personal data and how they are processed;
    • The right to request the correction or supplementation of incorrect or incomplete personal data;
    • The right to withdraw the consent to the processing of personal data at any time, without prejudice to the lawfulness of the processing of the data prior to the withdrawal of the consent;
    • The right to object to the processing of data;
    • The right to contact the Seller with any questions regarding the processing of personal data.
38. Personal data is processed and stored in accordance with the procedure established by the General Data Protection Regulation, the Law on Legal Protection of Personal Data of the Republic of Lithuania and other legal acts.
39. In order for the Buyer to exercise the above rights, the contact details of the Seller are provided: personasduomenys@monastic.lt.
40. Detailed information on the processing of personal data by the Seller, the rights of data subjects and their implementation is provided in the Privacy Policy approved by the Seller and posted on the website.

 

CHAPTER IX

FINAL PROVISIONS

 

1. 41. These Rules are valid from 2020. December 1
   42. The Seller has the right to unilaterally update these Rules. An updated version of the Rules is posted on the Seller’s website.
   43. The law of the Republic of Lithuania shall apply to the relations arising from these Rules.
   44. Disputes arising from the implementation of these Rules shall be settled by mutual negotiations between the Parties. If no agreement is reached, disputes shall be settled in accordance with the procedure established by the legal acts of the Republic of Lithuania.
   45. If the Buyer, a natural person (consumer), does not agree with the answer prepared by the Seller to the Buyer’s claim / request, the Buyer may submit a complaint to the State Consumer Rights Protection Service directly at Vilniaus st. 25, Vilnius, el. by e-mail office@vvtat.lt, by phone +370 52 62 67 51, and on the website www.vvtat.lt. The Buyer can also fill in the application form on the electronic dispute resolution platform at https://ec.europa.eu/odr/.