General Terms and Conditions
Last updated January 2009
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- As far as these GT&C include stipulations for the communication with consumers, they are applicable for a customer entering into a legal transaction for a purpose which can be attributed to neither his commercial nor his independent professional activity.
II. Reaching the Agreement
- With the placement of the order (e.g. via E-Mail, fax, letter, telephone) the customer is bound to his proposal.
- The agreement with Virleta has been reached once Virleta accepts this proposal. The acceptance can be declared through the delivery of the merchandise, the performance of the service or through Virleta otherwise confirming to the customer the acceptance of his order. The acceptance occurs with reservation to the availability of the ordered merchandise or service. The acceptance occurs just for the declared conditions, that if not discussed separately is following these GT&C. The declaration of the acceptance by Virleta to the customer is required. If Virleta is unable to accept the customer’s proposal, the customer will be notified immediately.
- Virleta delivers the ordered merchandise to the address indicated by the customer in the order. Information regarding the estimated delivery time is without obligation unless Virleta issued to the customer a binding promise in writing in the individual case.
- Virleta is entitled to make partial deliveries.
- After the delivery of the merchandise, all risks and hazards of forwarding are transferred from Virleta to the logistics partner authorized by Virleta and to the customer, if he acts by exercising his commercial or independent activity.
- If it turns out that the ordered merchandise is not available, Virleta reserves the right to withdraw from the agreement. Virleta will inform the customer immediately of the non-availability and immediately refund any consideration potentially already paid by the customer.
- In addition, Virleta is entitled in the event of an act of God to extend delivery dates. In this case, Virleta will inform the customer immediately.
IV. Due Date and Payment
- The purchase price is due at the time the agreement is entered into. Payment of the bill must be made within 30 days net after the receipt of the merchandise. If the customer defaults, Virleta is entitled to demand the statutory interest for the default.
- Virleta accepts only the forms of payment indicated to the customer within the scope of the order process: bank transfer.
- The customer in entitled to a set-off only when his counterclaims have been legally determined or acknowledged in writing by Virleta.
V. Reservation of Proprietary Rights
The delivered merchandise remains the property of Virleta until payment in full has been made.
VI. Right of Revocation in Consumer Agreements
- Customers as consumers are entitled to revoke their order within 1 week without explanation to: UAB Virleta, Zemaiciu str. 174-1, LT-44187, Kaunas, Lithuania, email: firstname.lastname@example.org. The contractual obligations begin only with the passed up expiration of the revocation period.
- For merchandise, the revocation occurs through the return of the merchandise, otherwise by written revocation. The timely sending of the termination notice is sufficient to protect the deadline. The date of the merchandise return applies. The expenses for the return of merchandise up to a value of 10000. – EURO is paid by the consumer unless the merchandise or service delivered do not correspond to the one ordered.
- The revocation period of 14 days starts:
- Upon the delivery of the merchandise with the day of the receipt by the recipient;
- For recurring deliveries of similar merchandise with the day of the receipt of the first partial delivery;
- For the delivery of services with the day of the signing of the agreement.
- If the merchandise is lost or significantly worsens (e.g. signs of previous use) the customer must reimburse Virleta for the corresponding decrease in value in the event of his revocation. If the customer has already paid the purchase price, Virleta is entitled to deduct the decrease in value from the amount to be reimbursed. In the individual case, the decrease in value may correspond to the purchase price paid.
VII. Applicable Law
Agreements are subject to the law of the Republic of Lithuania to the exclusion of the UN Conventions on Contracts for the International Sale of Goods.