Rules applicable to purchase-sale of the goods at online shopping centre www.b-a.eu
1. General provisions
2. Business hours
3. Personal data protection
4. The moment of conclusion of Purchase - Sale Agreement
5. Rights of the Buyer
6. Obligations of the Buyer
7. Rights of the Seller
8. Obligations of the Seller
9. Prices of the goods, procedure and terms of payment
10. Delivery of the goods
11. Product quality assurance and shelf-life
12. Return and replacement of the goods
13. Liability
14. Marketing tools applied by the Seller
15. Exchange of information
16. Final provisions
1. General provisions
1.1. The present rules applicable to purchase – sale of the goods (hereinafter referred to as the “Rules”), upon approval thereof by the Buyer (upon getting acquainted with the Rules and ticking the box near the statement “I have got acquainted with the purchase – sale rules”), shall be a legally binding document for the Parties specifying the rights and obligations of the Buyer and the Seller, terms of acquisition of the goods and payment procedure thereof, the procedure of delivery and return of the goods, liability of the Parties as wee as other provisions related to purchase – sale of the goods at online store www.b-a.eu.
1.2. The Seller reserves the tight to change, amend, or supplement the Rules at any time, taking into account the requirements established by legislations.
1.3. Entities entitled to buy on our online store:
1.3.1. legally capable natural entities, i.e. persons who have reached the age of majority and whose legal capacity has not been restricted under a judicial procedure;
1.3.2. minors from the age of fourteen to eighteen, only with a consent of their parents or guardians, with the exception of cases when they dispose of their income independently;
1.3.3. legal entities;
1.4. The present Rules have been prepared in accordance with the laws of the Republic of Lithuania.
2. Business hours
2.1. Online orders 000 - 2400
2.2. Managers (Mondays – Thursdays) 800 - 1700; (Fridays) 800 - 1600.
3. Personal data protection
3.1. By approving the present Rules, the Buyer shall give his/ her consent for processing of his/ her personal data for the purposes of sale of the goods and services on the online store at www.b-a.eu, the Seller’s performance analysis, and direct marketing.
3.2. By giving his/ her consent for processing of his/ her personal data for the purposes of sale of the goods and services on the Seller’s online store, the Buyer shall also give his/ her consent allowing to send information messages to the e-mail address and the telephone number provided by him/ her as necessary for execution of the order for the goods.
3.3. The Buyer wishing that his/ her e-mail address would not be used for the purpose of direct marketing shall inform the Seller about this by sending an e-mail message to the following address naujienos@komeksimas.lt.
3.4. The Seller shall hereby confirm that the personal data provided by the Buyer would be processed only for the purposes of sale of the goods and services on the online store at www.b-a.eu, the Seller’s performance analysis, and direct marketing (with the exception of cases when the Buyer notifies that he/ she did not wish that his/ her personal data would be processed for the purpose of direct marketing under the procedure established in Item 3.3 of the Rules). The Seller shall undertake not to disclose the Buyer’s personal data to the third parties, except for the Seller’s partners providing delivery services of the goods as well as other services related to proper execution of the Buyer’s order. In all other cases the Buyer’s personal data may be revealed to the third parties under the procedure established by legislations of the Republic of Lithuania.
3.5. The Seller shall save information, i.e. cookies, on the Buyer’s computer (device) in order to make sure that full-fledged services of the online store www.b-a.eu are provided to the Buyer. The Seller uses the saved information for identification of the Buyer as the previous visitor of the online store www.b-a.eu, saving the information about the purchases added to the Buyer’s shopping cart, collection of data on website visitation statistics, saving of the filters selected by the Buyer. The Buyer has the opportunity to view what kind of information (cookies) are saved by the Seller and can delete all or a part of the saved cookies. The Buyer also has the right not to agree that information (cookies) would be saved and used in his/ her computer (device), but in this case certain functions of the online store www.b-a.eu may not be available for him/ her. By confirming his/ her acceptance of the Rules, the Buyer gives his/ her consent for saving information on his/ her computer (device). The Buyer may withdraw this consent at any time by changing the settings of his/ her internet browser.
3.6. If the Buyer refuses to accept the provisions of personal data protection specified in the present section of the Rules, the Buyer shall lose his/ her right to use the services provided by the online store www.b-a.eu.
4. The moment of conclusion of Purchase - Sale Agreement
4.1. Agreement between the Buyer and the Seller shall be deemed as concluded:
4.1.1. When the Buyer, having no contracts with www.b-a.eu regarding delayed payment for the goods, having selected the item(s) to be purchased, having formed the shopping cart, clicks on the button “Confirm order” and the Seller agrees to supply the goods under the conditions selected by the Buyer by changing the status of the order into “Executing”.
4.1.2. When the Buyer, having a contract with www.b-a.eu regarding delayed payment for the goods, having selected the item(s) to be purchased, having formed the shopping cart, clicks on the button “Confirm order” and the Seller agrees to supply the goods under the conditions selected by the Buyer by changing the status of the order into “Executing”.
4.2. Before clicking on the button “Confirm order”, the Buyer shall get acquainted with the present Rules. The Buyer confirms that he/ she is familiar with the present Rules by ticking the box “I have got acquainted with Purchase-Sale Rules“.
4.3. Each order of the Buyer is registered and stored in the data base of the online shopping centre www.b-a.eu.
5. Rights of the Buyer
5.1. The Buyer shall be entitled to purchase the goods at the online store www.b-a.eu under the procedure established in the present Rules and other information sections of the Seller’s online store.
5.2. The Buyer shall be entitled to denounce the Purchase – Sale Agreement for the goods concluded with the online store www.b-a.eu by notifying this to the Seller in writing (by e-mail, by specifying the item to be returned and the order number thereof) no later than within 7 (seven) business days from the date of delivery of the item or the date it was picked up, with the exception of cases specified in Section XXIII of Part IV, of Volume VI of the Civil Code of the Republic of Lithuania.
5.3. The Buyer’s right specified in Item 5.2. of the Rules shall be implemented in accordance with “Regulations Applicable to Sale of Items and Provision of Services in Cases when Contracts Are Concluded through Application of Means of Communication” approved by Order No. 258 of 17 August 2001 of the Minister of Economy.
5.4. The Buyer may exercise his/ her right specified in Item 5.2. of the Rules only in cases when the item was not damaged or there are no essential changes to the appearance thereof and it had not been used.
5.5. In case when the Buyer purchases a set of goods at the online store www.b-a.eu and wishes to denounce the Purchase – Sale Agreement in respect of certain goods exercising his/ her right specified in Item 5.2. of the Rules, he/ she shall return a full set of the Goods to the Seller, i.e. in this case the Buyer may exercise his/ her right specified in Item 5.2. of the Rules only in respect of all the goods included in the set. In case when at least one item included in the set does not the requirements specified in Item 12.3. of the Rules, the Seller shall be entitled to refuse to accept the set of the goods being returned.
6. Obligations of the Buyer
6.1. The Buyer shall pay for the goods and accept them under the procedure established in the present Rules.
6.2. A registered Buyer shall undertake not to disclose his/ her login data to the third parties. If the Buyer loses his/ her login data, he/ she shall immediately notify the Seller about this via the means of communication specified in section “Contact Information”.
6.3. In case of any changes in the data provided in the registration form of a registered Buyer, he/ she shall update it immediately.
6.4. The Buyer shall undertake to comply with the present Rules, other provisions clearly specified at the online store and not to violate the legislations of the Republic of Lithuania when using the online store www.b-a.eu.
7. Rights of the Seller
7.1. The Seller shall be entitled to restrict or suspend the Buyer’s access to the online store immediately and without a warning or, in exceptional cases, delete the Buyer’s registration, if the Buyer tries to undermine stability and safety of the operation of the online store or violates his/ her obligations.
7.2. In case of important circumstances the Buyer may suspend or completely terminate the activities of the online store without a prior notification to the Buyer.
7.3. The Seller shall be entitled to cancel the Buyer’s order without a prior notification to the latter, if the status of the Buyer’s order has not changed into “Executing” within 7 (seven) business days or there were no other agreements made.
8. Obligations of the Seller
8.1. The Seller shall undertake to provide the Buyer with an opportunity to use the services provided by the online store www.b-a.eu under the provisions specified in the present Rules and the online store.
8.2. The Seller shall undertake to respect and protect the Buyer’s right to privacy in respect of his/ her personal information specified on the registration form of the online shopping centre in compliance with the laws of the Republic of Lithuania.
8.3. The Seller shall undertake to deliver the goods ordered by the Buyer to the address specified by him/ her under the provisions specified in the Rules.
8.4. The Seller, being unable to deliver the Buyer the item ordered by him/ her for important reasons, shall undertake to offer an analogous item or an item similar to it as much as possible in terms of characteristics thereof. If the Buyer refuses to accept the analogous or the most similar item in respect of characteristics thereof, the Seller shall undertake to return the money paid by the Buyer to the latter within 5 (five) business days, if an advance payment has been made.
8.5. If the Buyer decides to cancel the order and returns ordered goods to the Sellers declared delivery address, Seller undertakes to identify the goods condition and if no violations have been made, return the money that have been paid by the Buyer in 14 days.
9. Prices of the goods, procedure and terms of payment
9.1. Prices of the goods at the online store and the formed order are specified in Litas including VAT.
9.2. Methods of payment for the goods in the system shall be established in accordance with the selected goods and selected method of supply of the goods.
9.3. The Buyer shall pay for the goods by one of the following methods:
9.3.1. Payment by bank transfer is advance payment when the Buyer, having printed the order transfers the money to the bank account of www.b-a.eu by means of online banking or by going to the nearest branch office of the bank.
9.3.2. Hire-purchase of the goods:
9.3.2.1 The Seller’s website and the promotional material thereof contain monthly payments calculated in case when the credit is granted for the period of 24 months. It should be noted that they are just indicative. The leasing system will estimate a monthly payment individually for each Buyer at the time of conclusion of consumer credit agreement.
9.3.2.2 Upon using the services of UAB “Ūkio banko lizingas”. The main conditions applicable to hire-purchase: The minimum amount for financing of the goods is LTL 150; The credit repayment period may take from 6 to 36 months; Only adults holding a valid Personal Identity Card or a new type of Driver’s Licence, or a passport of a citizen of Lithuania or the European Union Member State are entitled to purchase goods in instalments. ...
9.3.2.3 Upon using the services of UAB “Snoro lizingas”. The main conditions applicable to hire-purchase. Application for consumer credit, consent regarding processing of the customer’s personal data. Purchase – Sale Agreement between UAB “Snoro lizingas” and the Buyer shall be concluded by the managers of www.b-a.eu. Select the desired item(s), inform the sales department by e-mail or telephone and we will provide all the details how to do this.
9.3.3 Cash on delivery
Upon selection of this payment method, you will pay for the purchases only upon receipt thereof. This payment method is not available for payment for the goods in the following groups: Metals, Building materials, Solid fuel, Mulch, Electrical items, Armchairs, Mattresses, Bathroom furniture (information has been provided in September 2013, www.b-a.eu reserves the right to supplement, delete, amend the list of groups of the goods). The option of payment for the goods on delivery is available for orders not exceeding the amount of 2000 Litas, including VAT. In case of refusal to accept the delivered goods, an invoice shall be issued for the actual transportation costs.
If the order total sum is less than 100 (hundred) LTL or 28,96 EUR the payment method Cash to courier is charged 3 (three) LTL or 0,89 EUR.
Note: keep the exact amount of cash specified in your order at the time of delivery.
Upon selection of this payment method and making an order on our system, the Buyer shall confirm his/ her choice to pay the courier and that he/ she is a legally capable person. Customer can confirm his/her choice in the received e-mail by pressing the button "Confirm" (or the link) or calling to our customer service center (+370 699 62969) and telling the order number. Upon receipt of the confirmation, the managers, being able to provide all the conditions selected at the order, shall start executing the order.
9.3.4 Online banking.
Currently the following online banking systems are available for paying for the goods at the online store b-a.eu: AB bankas “Swedbank”, AB “SEB bankas”, AB “DnB bankas”, “Danske Bank” A/S Lithuanian Branch, AB “Citadele bankas”, AB “Šiaulių bankas”, UAB “Medicinos bankas”, “Lietuvos kredito unijos”, “Mokėjimai.lt”.
How to pay for the order via online banking:
1. Select “Online banking” on the fifth step of ordering the cart “Payment”.
2. Upon confirmation of the payment page, b-a.eu will direct you to website Mokejimai.lt and the data on the amount that needs to be paid will be forwarded to the online banking system.
3. On Mokejimai.lt system you will have to select a bank and you will be directed to the login page of your selected bank.
4. On the online banking page you will log in the usual way and the system will have the payment for the selected goods formed for you. All you will have to do is confirm the order.
5. Upon confirmation of the payment, the online banking website will be closed and you will return to b-a.eu again. Online banking login data is used only for logging in the bank’s website and it is not sent to b-a.eu when returning to the online store.
6. If transportation service is specified as “to be included” in the order, an extra charge will have to be made for delivery of the goods when we would estimate the delivery costs.
9.4. The Buyer, holding an agreement with www.b-a.eu regarding deferred payment for the goods, shall make settlements under the provisions specified in the agreement.
9.5. By accepting the Rules, the Buyer shall agree that the purchase documents of the goods, i.e. VAT invoices, which also shall be warranty cards of the goods, would be provided to him/ her electronically by sending them to the e-mail address specified in the Buyer’s registration form. The Seller shall also upload the VAT invoices for the goods purchased by the Buyer to www.b-a.eu under Section “My menu”. VAT invoices in the aforementioned form shall be submitted to the Buyer no later than by the moment of transfer of the goods to him/ her. After the Buyer submits the order, he/ she can see the order form – pro-forma invoice in Section “My menu” and print it. The selected goods, quantity thereof, provided discounts shall be specified in invoices.
9.6. The Buyer and the Seller do hereby agree that after the Buyer submits an order for the goods and before the Seller changes the status of the order into “Executing”, the price of the goods may be changed taking into account the objective indices affecting the price of the goods such as increase of the net cost of the goods, technical error of information systems, extra expenses related to sale of the goods to the Buyer (Part 7 of Art. 6.313 of the Civil Code of the Republic of Lithuania). If in this case the Buyer does not agree to purchase the goods for the new price, any of the Parties, having notified this to the other Party, shall be entitled to terminate the Purchase – Sale Agreement for the goods. The Parties do hereby agree that losses related to termination of the Purchase – Sale Agreement under the procedure established in the present Item shall not be remunerated.
9.7. As the status of the order changes into “Executing”, preparation of the consignment starts and calculation of the delivery term begins. This item shall not be applicable to the Buyers, holding an agreement with www.b-a.eu.
9.8. Five levels of different prices are applicable at the online shopping centre www.b-a.eu. A respective price level is applied to each buyer in accordance with the rules of the “Loyalty program” which are available on the front page.
9.9. If the total price of the items added to the shopping cart is under 49 (forty nine) Litas, an administration fee amounting to 5 (five) Litas including VAT shall be applicable and it shall be paid by the Buyer to the Seller in all cases and it shall not be returned to the Buyer. By ticking the box “I have got acquainted with Purchase-Sale Rules“, the Buyer confirms his/ her consent to the administration fee specified in the present Item and undertakes to pay it to Seller in all cases.
10. Delivery of the goods
10.1. When ordering the goods, the Buyer can choose the supply method of the goods, i.e. he/ she can use the goods delivery service offered by the Seller or pick up the goods at one of the goods withdrawal points of the Seller.
10.2. Delivery of the goods to the Buyer:
10.2.1. The Buyer, having selected the goods delivery service when making the order, shall undertake to specify the exact location for delivery of the goods.
10.2.2. The Buyer shall undertake to accept the goods personally. In case when he/ she is not able to accept the goods personally and the goods have been delivered to the specified address and in accordance with other data provided by the Buyer, the Buyer shall not be entitled to make claims in respect of the Seller regarding delivery of the goods to the wrong entity.
10.2.3. The goods shall be delivered by the Seller or the authorized representative thereof.
10.2.4. Fee for delivery (transportation) of the goods shall be estimated taking into account the location of delivery of the goods and the weight of the goods as well as whether the Buyer wants to use the service of taking the goods upstairs.
10.2.5. The ordered goods must be picked up no later than within 5 (five) business days calculated from the Seller’s confirmation that the order “Has been delivered to the goods withdrawal point” and it is available for picking up.
10.2.6. The goods may be picked up only by the consignee specified in the order. Holding a valid identity document (Personal Identity Card or a new type of Driver’s Licence) and producing it to a Lithuanian postal worker is obligatory when picking up the goods.
10.3. The Seller shall supply the goods to the Buyer within the terms specified in the product descriptions. These terms are preliminary, moreover, they shall not be applicable in cases when the required goods are not available in the Seller’s warehouse and the Buyer is notified about the shortage of the goods ordered by him/ her. The Buyer shall also agree that in exceptional cases supply of the goods may be delayed due to unexpected circumstances not depending on the Seller. In this case the Seller shall undertake to contact the Buyer immediately and arrange the conditions for supply of the goods.
10.4. In all cases the Seller shall be exempted from liability for violation of terms of supply of the goods, if the goods are not supplied to the Buyer or they are not supplied in due time due to the Buyer’s fault or due to the circumstances depending on the Buyer.
10.5. At the time of supply of the goods to the Buyer the latter shall check the condition of the consignment and the item (goods) together with the Seller or the authorize representative thereof and sign a consignment delivery – acceptance document. After the Buyer signs the consignment delivery – acceptance document, it shall be deemed that the consignment has been delivered in a proper condition and that there have been no damages to the goods, the basis of which shall be attributed to factory rejects, as well as discrepancies in respect of the set of the goods (the ones that can be identified during visual examination of the goods). Upon noticing that the package of the supplied consignment is damaged (crumpled, wet, or damaged externally in any other manner), the item (goods) is (are) damaged, and/ or the set of the goods is inadequate, the Buyer shall note this in the consignment delivery – acceptance document and, in presence of the Seller or the representative thereof, shall draw up a free-form statement of damages/ discrepancies of the consignment and/ or the item (goods). If the Buyer fails to take these actions, the Seller shall be exempted from liability in respect of the Buyer in terms of the damages caused to the goods, if the cause of such damages was not factory rejects, as well as discrepancies in terms of the set, if these discrepancies can be identified during visual examination.
11. Product quality assurance and shelf-life
11.1. General characteristics of each product offered for sale onwww.b-a.eu are specified in the description added to each product.
11.2. The Seller shall not be liable, if the colour, shape, or other parameter of the item offered by the online store may be different than the actual size, shape, and colour of the goods due to characteristics of the display used by the Buyer.
11.3. The Seller shall provide product quality assurance valid for a certain period of time in respect of certain types of the goods, a specific term of which and other provisions are specified in descriptions of such products.
11.4. In case when the Seller does not provide product quality assurance for certain types of the goods, warranty established by respective legislations shall be applicable.
11.5. The Seller does not provide the services of warranty servicing and in each specific case directs the Buyer to the centre providing warranty servicing.
10.5. Warranty is not applicable to information stored in information media. Costs related to loss or restoration of the data shall not be remunerated.
11.6. In cases when a certain shelf-life is determined in respect of certain goods in accordance with the legislations, the Seller shall undertake to sell such goods to the Buyer in such a manner that the latter would be provided with an actual opportunity to use such goods until expiry of the shelf-life thereof.
12. Return and replacement of the goods
12.1. Defects of the sold goods shall be eliminated, low quality goods shall be replaced, returned in accordance with Regulations Applicable to Return and Replacement of Items approved by Order No. 217 of 29 June 2001 of the Minister of Economy “Regarding Approval of Regulations Applicable to Return and Replacement of Items”.
12.2. The Buyer shall be entitled to return the goods by notifying the Seller about this in writing (by e-mail, specifying the item to be returned and the order number thereof) no later than within 7 (seven) business days from delivery date of the goods.
12.3. The Buyer shall comply with the following conditions when returning the goods:
12.3.1. the item being returned must be in the original orderly package;
12.3.2. the item shall not be damaged by the Buyer;
12.3.3. the item shall not be used before and its marketable appearance (its labels shall be intact, protective screens shall not be removed, etc.) shall not be lost (this item shall not be applicable when the item being returned is of low quality);
12.3.4. the item being returned must contain all the same elements of the set as it was received;
12.3.5. when returning the item, it is necessary to submit the acquisition document thereof, the warranty card (if it has been issued) and to fill in the return document.
12.4. The Seller shall be entitled not to accept the goods being returned by the Buyer, if the Buyer fails in complying with the procedure applicable to returning of the goods as specified in the present Article.
12.5. The Buyer may deliver the goods being returned in person by taking them to the following address: F. Vaitkaus str. 4, LT-77104, Šiauliai, Lithuania on weekdays from 08.00 a.m. to 05.00 p.m. or send them using the services of his/ her selected courier or the Seller’s courier. In case when the item is being returned based on the Buyer’s right to return the goods as specified in the present Rules, the Buyer shall cover the expenses related to returning of the goods. The Seller’s rates applicable to returning of the goods shall be the same as the ones applicable when buying the goods. When the item received by mistake or a low-quality item is being returned, the Seller shall undertake to take such goods, to replace them with analogous goods, and to cover expenses incurred in relation to returning of the goods. In case when the Seller does not have any analogous goods available, the former shall return the Buyer the money paid by him/ her for the goods.
12.6. Returning and replacement of the goods shall be carried out in accordance with “Regulations Applicable to Return and Replacement of Items” approved by Order No. 217 of 29 June 2001 of the Minister of Economy.
12.7. Money for the returned goods in all cases shall be transferred by payment transfer and only to the payer’s bank account. The administration fee amounting to 5 (five) Litas to be paid if the total price of the items added to the shopping cart is under 49 (forty nine) Litas shall not be returned as specified in Item 9.9. of the present Rules.
13. Liability
13.1. The Buyer shall be completely liable for correctness of the personal data provided by him/ her. If the Buyer fails in providing accurate personal data, the Seller shall not be liable for the consequences resulting from that.
13.2. A registered Buyer shall be liable for disclosure of his/ her login data to the third parties. If a third party, having logged in the online store by using the Buyer’s login data, uses the services provided by www.b-a.eu, the Seller shall deem that the this person is the Buyer.
13.3. The Seller shall be exempted form any liability in cases when losses are caused as a result of the Buyer’s failure to get acquainted with the present Rules regardless of the Seller’s recommendations and his/ her own liabilities, even though he/ she was provided with such an opportunity.
13.4. If links to websites of other companies, establishments, organisations, or persons are posted at the Seller’s online store, the Seller shall not be liable for the information posted there or the activities implemented by them, the Seller does not monitor or control the aforementioned websites and does not represent the aforementioned companies and persons.
13.5. In case of damage, the Party in fault shall remunerate the losses incurred by the other Party.
14. Marketing tools applied by the Seller
14.1. The Seller may initiate various campaigns at the online store www.b-a.eu at one’s own discretion.
14.2. The Seller shall be entitled to change the conditions of the campaigns unilaterally as well as to cancel them without a particular notice.
14.3. The Buyer, by giving his/ her consent for processing his/ her personal data for the purpose of sale of the goods and services at the Seller’s online store, shall also agree that information-type messages would be sent to the e-mail addresses or the telephone numbers provided by him/ her.
14.4. The Buyer wishing that his/ her e-mail address would not be processed for the purpose of direct marketing, has the opportunity to refuse of the news by clicking on the link at the bottom of the newsletter “If you do not want to receive newsletters, click here.”. The Buyer wishing that his/ her telephone number would not be processed for the purpose of direct marketing, should inform the Seller about this by sending a notification via e-mail: at the following address: naujienos@komeksimas.lt
14.5. The Seller does hereby certify that the personal data provided by the Buyer would be processed only for the purposes of sale of the goods and services on the online store b-a.eu, the Seller’s performance analysis, and direct marketing.
14.6. The Seller shall undertake not to disclose the Buyer’s personal data to the third parties, except for the Seller’s partners providing the goods delivery service or other services related to adequate execution of the Buyer’s order. In all other cases the Buyer’s personal data may be disclosed to the third parties only under the procedure established by the legislations of the Republic of Lithuania.
15. Exchange of information
15.1. The Seller shall send all notifications to the e-mail address provided by the Buyer.
15.2. The Buyer shall sand all notifications and queries to the means of communication specified at the Seller’s online shopping centre.
16. Final provisions
16.1. The present Rules have been concluded in accordance with the legislations of the Republic of Lithuania.
16.2. Laws of the Republic of Lithuania shall be applicable to the relations arising on the basis of the present Rules.
16.3. All disputes arising as a result of execution of the present Rules shall be settled by means of negotiations. In case of failure to come to an agreement, disputes shall be settled under the procedure established by the laws of the Republic of Lithuania.