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Sale and Purchase Agreement

Purchase and Sale Agreement

By ticking the box "I agree to the terms and conditions of purchase and sale", you confirm that you have read, understood and agree to abide by the terms of this agreement.

This agreement for the purchase and sale of goods in the online store JANITAPLUNGE.COM (the Agreement) is concluded under the following terms and conditions by the Seller, which is KIKA LT, UAB, having its registered office at Maironio g. 11, 44298 Kaunas, company code 133095117, VAT code LT330951113, and the Buyer, who may be (i) any natural person of legal age with legal capacity, or (ii) a minor between 14 and 18 years of age with the consent of parents or guardians, except in cases where he/she is emancipated, or (iii) a legal entity.

The Agreement is deemed concluded from the moment the Buyer places an order on the JANITAPLUNGE.COM website. The order is subject to the version of the Agreement in force at the time of its submission.

  1. GENERAL TERMS AND CONDITIONS OF THE AGREEMENT

1.1. Under this Agreement, the Seller undertakes to sell goods to the Buyer for the latter's personal, family or household needs, unrelated to business, trade, craft or profession, and the Buyer undertakes to accept the goods and pay the price specified in the product description and in the VAT invoice, which are an integral part of this Agreement.
1.2. By placing an order and concluding this Agreement, the Buyer confirms that he/she has read and agrees to the information provided by the Seller in writing in the online store regarding the offered product, the Seller, the price of sale and delivery of the product, the period during which the offer and price are valid, the procedure for exercising the Buyer's right to withdraw from the contract in accordance with the rules of Article 6.22810 of the Civil Code of the Republic of Lithuania, the payment and delivery procedure, the guarantees provided by the Seller, as well as the provisions of this Agreement.

1.3. The Seller reserves the right, without prior notice or consent of the Buyer, to change, amend or supplement this Agreement, the information provided by the Seller in writing in the online store regarding the offered product, the Seller, the price of sale and delivery of the product, the period during which the offer and price are valid, the payment and delivery procedure, the guarantees provided by the Seller. Accordingly, the Buyer must familiarize himself/herself with all information provided by the Seller each time he/she shops in the JANITAPLUNGE.COM online store.
 
2. ORDER OF PURCHASE AND SALE OF GOODS AND CONDITIONS

2.1. The Buyer, after placing an order for goods in the JANITAPLUNGE.COM online store, makes the payment in accordance with the procedure and terms established in this Agreement, after which he/she receives an email confirmation from the Seller that the Buyer's order has been accepted and payment has been received.       
2.2. Product prices are indicated next to the product descriptions in the JANITAPLUNGE.COM online store and in the generated order. Product prices are indicated in euros with VAT.

2.3. The Buyer can pay for the goods purchased in the JANITAPLUNGE.COM online store in the following ways:
2.3.1. through the Buyer's used electronic banking system at the time of purchase of goods. Each payment collection institution applies a service fee, so the Buyer can find out its size at that institution. Responsibility for data security in this case rests with the respective payment collection institution, as all monetary transactions take place within the electronic banking system of the payment collection institution;
2.3.2. by payment card;
2.3.3. according to the pro forma invoice provided at the time of purchase at the Buyer's chosen bank branch. Each payment collection institution applies a service fee, so the Buyer can find out its size at that institution.
2.4. The Seller, upon receipt of the goods order document and payment for the purchased goods from the Buyer, prepares the goods specified in the order for shipment no later than the next business day.
2.5. If the Buyer does not pay for the purchased goods within the term specified in the pro forma invoice, the Seller cancels the Buyer's order and does not transfer the goods to the Buyer.                  2.6. Payments can be made using Swedbank, Seb, Luminor, Citadele and Šiaulių bankas electronic banking services. Payments are possible in euro currency. Payments are processed using the MakeCommerce.lt payment platform.

 
3. ORDER DELIVERY PRICE, GOODS DELIVERY AND GOODS ACCEPTANCE

3.1. The procedure and prices for goods delivery services in Lithuania are specified at: https://janitaplunge.com/pages/prekiu-pristatymas
3.2. Goods delivery:
3.2.1. Goods purchased by the Buyer in the JANITAPLUNGE.COM online store are delivered by courier to the address specified by the Buyer in the Republic of Lithuania or to the Omniva, Smartpost parcel locker specified by the Buyer. 
3.2.2. Goods are delivered within 1-3 business days if the ordered product is in the Seller's warehouse. Goods are delivered within the aforementioned period only when the Seller receives payment for the goods.
3.2.3. In the event that the ordered goods are not in the Seller's warehouse and the Seller cannot obtain the goods ordered by the Buyer, he/she shall immediately inform the Buyer thereof and return the paid amounts to the Buyer as soon as possible, but no later than within thirty calendar days from the date on which he/she learned or should have learned that he/she cannot obtain the goods ordered by the Buyer.
3.2.4. In the event that the ordered goods are not in the Seller's warehouse, but the Seller can obtain the goods ordered by the Buyer, the Seller, upon receipt of the order, shall inform the Buyer thereof and specify the term within which the goods will be delivered. In this case, the delivery term for the goods cannot exceed 30 days from the date of conclusion of the Agreement.

3.2.5. In the event that the ordered goods are not in the Seller's warehouse and are ordered directly from the supplier for the buyer, the Seller, upon receipt of the order, informs the Buyer thereof and specifies the term within which the goods will be delivered. In this case, the delivery term for the goods cannot exceed 16 weeks from the date of conclusion of the Agreement.
3.2.6. Before delivering the goods, the courier contacts the Buyer using the contact details provided by the Buyer and agrees on a convenient time for the Buyer to deliver the goods.
3.2.7. If the delivery of the goods is impossible due to the Buyer's fault or due to circumstances dependent on the Buyer (the Buyer provided an incorrect address when ordering the goods, the Buyer is not found at the specified address, etc.), the goods are not sent again (except in cases where the Buyer additionally pays for repeated goods delivery), and the money for the goods is returned to the Buyer after deducting the delivery fee.
3.4. Acceptance of goods:
3.3.2. Upon receipt of the goods, the Buyer must check the goods and, if there are no claims to the Seller regarding the quality of the goods, confirm in the goods acceptance-transfer act that the goods have been properly transferred to the Buyer.
3.3.3. If, after checking the received goods, the Buyer has claims to the Seller regarding the quality, quantity, completeness, etc. of the goods, the claim can be submitted by e-mail: info@janitaplunge.com within 14 days from the moment of goods delivery. If the Buyer does not submit a claim within the specified period, it is considered that the goods packaging is suitable, and the quantity, external quality of the goods, assortment, completeness and packaging comply with the terms of the Agreement.

  1. GOODS WARRANTIES

4.1. Contractual warranty:
The warranty for the quality of the goods, complying with the requirements established by legal acts, is set by the Seller and/or the manufacturer, distributor, supplier, importer or any other person distributing goods on their own behalf. If such a warranty is established, it is indicated in the description provided with the product.
In this case, if a warranty period for the goods is established, claims for defects in the goods may be made if the defects are found within the warranty period. If a component part is subject to a shorter quality warranty period than the main product, a claim for defects in the component part may be made within the quality warranty period of the main product. If a component part is subject to a longer quality warranty period than the main product, a claim for defects in the component part found within the warranty period may be made regardless of the expiration of the main product's quality warranty period.
4.2. Product fitness for use warranty:
In cases where a product's fitness for use period is specified, the Buyer may make claims for product defects within the specified product's fitness for use period.
4.3. Statutory warranty:
In cases where no product quality warranty or fitness for use period is specified, the Buyer may make claims for product defects within a reasonable period, but no later than two years from the date of transfer of the product to the Buyer, unless other legal acts establish a longer period.
4.4 Warranty for replaced goods:
when replacing a product or its component parts during the warranty period, a new warranty period is not applied to the product or component part, i.e., the warranty of the main item continues. 

  1. PROCEDURE FOR THE BUYER TO EXERCISE THE RIGHT TO WITHDRAW FROM THE AGREEMENT

5.1. The Buyer has the right to withdraw from this remotely concluded Agreement within 14 (fourteen) days without stating a reason by notifying the Seller.

5.2. If the Buyer decides to exercise the right granted by law to withdraw from the Agreement, he/she must inform the Seller in writing about his/her decision: submit a filled-out withdrawal form or provide a clear statement outlining his/her decision to withdraw from the Agreement. The Buyer must submit the filled-out withdrawal form/statement of withdrawal from the Agreement to the Seller using the contact methods and addresses specified in the "Contacts" link in the JANITAPLUNGE.COM online store.

5.3. If the Buyer submits a withdrawal from the agreement by electronic means of communication, the Seller will immediately inform the Buyer about the receipt of the withdrawal from the agreement by sending a confirmation to the email address provided by the Buyer.

5.4. The Buyer must send or hand over the goods to the Seller immediately and no later than fourteen days from the date of submitting the notification of withdrawal from the Agreement to the Seller. The direct costs of returning the goods shall be borne by the Buyer.

5.5. The Buyer cannot withdraw from a remotely concluded Agreement in the cases listed in Article 6.22810, paragraph 2 of the Civil Code of the Republic of Lithuania:

5.5.1. for goods manufactured according to the Buyer's specifications or clearly adapted to his/her personal needs;

5.5.2. for goods that are perishable or have a short shelf life;

5.5.3. if packaged goods are unsuitable for return due to health protection or hygiene reasons and were unsealed after delivery;

5.5.4. for goods which, after delivery, by their nature, become inseparably mixed with other items;

5.5.5. in other cases specified in Article 6.22810, paragraph 2 of the Civil Code of the Republic of Lithuania, the rules of retail trade of the Republic of Lithuania, or other applicable legal acts.

  1. PROCEDURE FOR RETURNS AND EXCHANGES OF GOODS

6.1. 

You can return goods purchased in the JANITAPLUNGE.COM e-shop in accordance with the procedure specified in these Goods Return Rules (hereinafter – Rules).

I. Return of quality goods

You can return quality goods purchased in the JANITAPLUNGE.COM e-shop for any reason within 30 (thirty) days from the date of receipt of the goods. Returned goods must be:

  • in undamaged packaging (except for opening the packaging as necessary to inspect the goods);
  • clean, with original labels or other markings, undamaged protective film, all parts and elements included in the product's complete set;
  • unused and not having lost their commercial appearance.

If the returned goods do not meet the conditions stated above, we have the right not to accept your returned goods.

 

II. Return of defective goods

You can return defective goods purchased in the JANITAPLUNGE.COM e-shop, indicating their quality defect, in accordance with these Rules and the Civil Code of the Republic of Lithuania. JANITAPLUNGE.COM, after receiving the returned defective goods and assessing their defects, and if the defects are real and not caused by your fault, will refund the funds paid for the defective goods.

 

III. Methods of returning goods (applicable to both quality and defective goods)

If you wish to make a return, please contact us by e-mail: info@janitaplunge.com or by phone: +370 37213829.

  1. PROCESSING OF BUYER'S PERSONAL DATA
    7.1. Buyer's personal data is processed in accordance with the JANITAPLUNGE.COM privacy policy.
  2. FINAL PROVISIONS
    8.1. The Parties agree to cooperate in fulfilling their obligations under this Agreement.
    8.2. The Parties agree to act prudently, honestly, and diligently in fulfilling their obligations under this Agreement.
    8.3. Any Party shall be released from liability for non-performance of its obligations if it proves that these obligations could not be performed due to force majeure circumstances which it could not avoid or overcome.
    8.4. A Party unable to perform its obligations due to force majeure shall notify the other Party thereof as soon as possible. Notification is also required when the grounds for non-performance cease to exist. If the non-performing Party fails to give timely notice, it shall be liable for compensation for damages that would otherwise have been avoided.
    8.5. All notices provided for in the Agreement or related to the performance of the Agreement or the protection of claims arising from the Agreement in civil proceedings must be in writing. The Seller sends all notices and otherwise contacts the Buyer via the e-mail address or phone number provided in the Buyer's registration form, and the Buyer sends all notices and questions via the contact means and addresses indicated in the "Contacts" link on the JANITAPLUNGE.COM online store. If a notice is sent by e-mail, it shall be deemed to have been received by the Party on the same day it was sent if sent during working hours. If a notice is sent by registered mail, it shall be deemed to have been received by the addressee five working days after dispatch.
    8.6. The law of the Republic of Lithuania shall apply to regulate relations arising from this Agreement. Disputes arising between the Parties shall be resolved in the competent court of the Republic of Lithuania.
    8.7. The Buyer shall cover the Seller's expenses related to the recovery of the Buyer's debt.
    8.8. If the Buyer has claims against the Seller, within 14 days of receiving the goods, they can submit a complaint by email to info@janitaplunge.com The Seller undertakes to provide a response to the Buyer's complaint no later than within 30 days.