1. DEFINITIONS
1.1. Seller – IMI ARTS – MB IMI GROUP, company established and operating in accordance with laws of the Republic of Lithuania, legal entity code 305600564, registered office address: Paberžės str. 2-37, LT-07154, Vilnius, Rupublic of Lithuania, VAT code LT100013369919, data about the company collected and stored in the Register of Legal Entities of the Republic of Lithuania.
1.2. Buyer – person purchasing goods and services at the Store or using the Store in accordance with the established procedure.
1.3. Store – electronic IMI Arts store accessible online at www.imiarts.com.
1.4. Purchase-Sale Agreement - agreement on the purchase – sale of goods concluded by the Buyer and the Seller in accordance with the Rules of Purchase – Sale of Goods of the Store.
1.5. Rules - these rules on distant purchase – sale of goods laying down the rights and duties of the Buyer and the Seller, conditions of purchase of goods and services offered by the Seller and of payment therefor, procedure of delivery and return of goods and services, liability of the parties and other provisions related to the purchase – sale of goods and services at the Store.
2. GENERAL PROVISIONS
2.1. These Rules shall be a binding legal document establishing mutual rights, obligations and liability of the Buyer and the Seller, as well as other provisions related to the sale - purchase of goods and services offered by the Seller, when purchasing goods or services at the Store.
2.2. The Buyer may purchase goods and services at the Store only having accepted the Rules. After the Buyer confirms having read the Rules, he undertakes to comply therewith and to execute them. By purchasing goods and services at the Store, the Buyer agrees with the application of the Rules and confirms that he has understood them. If the Buyer did not read and / or understand the Rules or disagreed with them, he cannot purchase goods and services at the Store.
2.3. Goods shall be sold at the Store from the territory of the Republic of Lithuania.
2.4. The Seller shall have the right to amend the Rules. Amendments to the Rules shall take effect after they are published at the Store. If the Buyer uses the Store in any way after the publication of amendments to the Rules, he shall be considered to have agreed with all amendments to the Rules.
3. ENTERING INTO THE PURCHASE-SALE AGREEMENT
3.1. Registered Buyers or Buyers who have filled out the necessary (prekių užsakymo laukus) only can purchase goods at the Store. After the Buyer registers with the Store or fills out the necessary (prekių užsakymo laukus), he shall be considered to have read the Privacy Policy and accepted it.
3.2. Buyers themselves shall be responsible for the correctness, secrecy and (or) preservation of the Registration Data.
3.3. In order to purchase goods, the Buyer shall place an order at the Store by completing an electronic order form.
3.4. A Purchase – Sale Agreement shall be concluded for each order of the Buyer.
3.5. A Purchase – Sale Agreement shall be considered concluded by the Buyer and the Seller when the Buyer: (i) submits an order and forms a basket of goods following the instructions of the Seller, and specifies his delivery address or the method of collection of the goods; (ii) reads the Rules, chooses the method of payment and pays for the order, and (iii) the Seller confirms the Buyer’s order by displaying and / or sending order information, a confirmation message (by e-mail and / or by phone) and / or a VAT invoice. In cases where the Buyer disagrees with all or some of the Rules, he shall not be able to order goods.
3.6. Before concluding an Agreement, the Seller may also send to the Buyer other intermediate approvals, for example confirmation of the received payment, etc.
3.7. The Purchase – Sale Agreement shall be valid until fulfilment of the obligations under this Agreement. The Purchase-Sale Agreement shall be considered fulfilled after the goods are transferred to the Buyer in accordance with the procedure laid down in the Rules.
3.8. Having confirmed a Buyer’s order, the Buyer undertakes to pay the price of goods and to accept the goods ordered at the Store. After finalising the payment it is not possible to add additional items to the order.
3.9. The Seller may not confirm a Buyer’s order, if the Buyer fails to fulfil all the conditions of the order of goods, the Seller does not have the product, which the Buyer wants to buy, the Buyer failed to confirm his agreement with the Rules, the Seller believes that the Buyer is engaged in wholesale purchases, and / or for other reasons which can be disclosed to the Buyer individually. Purchases when goods are ordered in unusually large quantities, when they are ordered unusually often, also following other criteria that allow the Seller to believe that goods are ordered for other than consumption purposes may be considered wholesale purchases, at the Seller’s discretion.
4. RIGHTS AND DUTIES OF TE BUYER
4.1. The Buyer shall have the right:
4.1.1. to buy at the Store in accordance with the Rules, other instructions of the Seller and legal acts of the Republic of Lithuania;
4.1.2. the Buyer – Consumer shall have the right to refuse the Purchase – Sale Agreement concluded at the Store by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the procedure laid down in the Rules;
4.1.3. to return and/ or exchange goods of inappropriate quality or assembly, and take advantage of warranties;
4.1.4. other rights provided for by Rules and/ or legal acts of the Republic of Lithuania.
4.2. The Buyer undertakes:
4.2.1. to pay the price of ordered goods and their delivery, also to make other payments (if specified when entering into the Agreement) and to accept the goods ordered;
4.2.2. to inspect and to check goods when accepting them, also to inform the Seller about the damage of a shipment, obvious defects, model or assembly of goods that was different from that ordered by the Buyer in accordance with the procedure established by the Rules;
4.2.3. to check the quality of the purchased goods and to inform the Seller (e-mail: info@imiarts.com) about any quality defects of the goods that could not be noticed when handing over the goods;
4.2.4. having chosen the method of pick-up of goods, to pick them up immediately after being informed that the goods are ready for pick-up;
4.2.5. having chosen the delivery service or other services offered by the Seller, to create conditions for their provision, also to properly pay for such services;
4.2.6. to cover expenses of the return of goods, if they are borne by the Buyer;
4.2.7. to immediately update information, if the Buyer Registration Data or data of delivery of goods have changed;
4.2.8. not to use the Store in such a manner as to endanger proper functioning, security, integrity of the Store or restrict the possibility of others to access the Store;
4.2.9. to comply with the requirements specified in other Rules and legal acts of the Republic of Lithuania.
4.2.10. to pay independantly the bank, customs, VAT and other taxes and fees established in the specific country of receipt of the goods.
5. RIHTS AND DUTIES OF THE SELLER
5.1. The Seller shall have the right:
5.1.1. to restrict or suspend the Buyer’s access to the Store without a prior warning, also to cancel the Buyer’s registration, if the Buyer has attempted to damage the operation or stable work of the Store, and / or violated his duties; the Seller shall not be liable for any losses incurred by the Buyer;
5.1.2. to restrict or prohibit wholesale purchases;
5.1.3. to terminate the operation of the Store temporarily or altogether, to modify the Store or its separate parts, all and any of its contents, to restrict purchases made at the Store, to change the website address of the Store, to limit the number of registered Buyers without a prior notice to the Buyer thereof; the Seller shall not be liable for any adverse consequences on the Buyer caused by such actions;
5.1.4. to change the Rules, the prices of goods, purchase terms and conditions or any other Store-related instructions, publishing such changes at the Store.
5.2. The Seller undertakes:
5.2.1. to respect the Buyer’s privacy and to protect confidentiality of his data, except for the cases established by laws of the Republic of Lithuania and the Privacy Policy of the Store;
5.2.2. If for any reason a Seller is unable to sell the ordered product to the Buyer, it must refund the purchase price of the product/the whole order within 5 (five) business days.
6. PRICES AND PAYMENT FOR GOODS
6.1. The prices of goods shall be indicated in the Store and / or the order in the euro inclusive of value added tax (if applicable) and delivery.
6.2. Goods shall be sold to the Buyer at the prices valid at the time of placing the order at the Store. The specific price of the goods and the amount payable for the goods shall be displayed to the Buyer having formed a basket of goods. If the Buyer disagrees with the specified price, he cannot continue ordering goods and placing the order.
6.3. The price of the goods does not include the duties of the respective country and other established mandatory taxes, which are paid by the Buyer independently;
6.4. Goods can be purchased at the Store only after making an advance payment. When purchasing goods at the Store, methods of payment listed at the Store may be used to pay for goods.
6.5. Purchase documents - order information and VAT invoices shall be presented to the Buyer electronically in the Buyer’s account, which the Buyer can use to download and / or print them. Electronic purchase documents are valid without signature.
6.6. Should the Seller find a price error at the Store, the Seller shall immediately inform the Buyer thereof. In this case, the Buyer shall be given the opportunity to cancel the order or to re-confirm the order at the right price.
7. THE DELIVERY OF GOODS
7.1. Goods shall be delivered to the provided address. The possible methods of delivery of goods to the Buyer shall be listed after the Buyer forms his basket of goods and enters his delivery address.
7.2. Product delivery service is calculated automatically based on the delivery method, address and is indicated on a seperate line.
7.3. Where the Buyer chooses a delivery service, the delivery price shall be displayed to the Buyer at the end of the order process, before choosing the payment method and / or making a payment. The price of delivery of goods shall be paid in advance, along with the payment for goods.
7.4. Goods shall be delivered to Buyers within 10 working days from the confirmation of the order. The Buyer shall be informed about the exact date and time interval for delivery of the goods by e-mail and / or by phone. The Buyer may also be informed individually of a different time of delivery of goods. The Seller shall not guarantee that goods will in all cases be delivered within the terms specified in the Rules and / or elsewhere in the Store, as well as within the delivery terms specified to the Buyer individually, especially when the goods ordered are not at the Seller’s warehouses. The Seller undertakes to make every effort to deliver goods within the shortest possible time.
7.5. When ordering a delivery service to your home, the Buyer shall specify the exact place of delivery of goods and create suitable conditions for unloading the goods (unlock gates, lift a boom barrier, open the door, etc.).
7.6. If the Buyer does not meet the Seller‘s representative at the agreed delivery time at the place specified in the Buyer‘s order, the cargo shall be deemed not delivered due to the Buyer‘s fault. The Buyer, who wishes the Seller to re-deliver the ordered goods, must pay the Seller for the re-delivery of the ordered goods at the newly agreed time according to tariffs of the first delivery of goods.
7.7. When accepting goods, the Buyer shall check the condition of the shipment, the quantity, quality and assortment of goods. Having noticed that shipment packaging is damaged, but there are no discrepancies in the quantity, quality or assortment of goods, the Buyer shall mark the packaging damage in the delivery confirmation form or the forms presented by the person having delivered the shipment. In such a case goods shall be considered delivered in a damaged packaging, but their quantity, quality and assortment shall be considered in line with conditions of the Purchase – Sale Agreement, and goods shall be deemed to have been delivered properly.
7.8. Having determined that there are discrepancies in the quality and / or assortment of goods, the Buyer cannot accept the good which fails to meet the quality and/or assortment of goods. The Buyer shall indicate his refusal to accept the good and list the discrepancies found in the shipment delivery confirmation form and / or by completing the forms submitted by the person having delivered the shipment. Should any discrepancy in quantity of the goods be determined, the Buyer shall also indicate this in the shipment delivery confirmation form and / or by completing the forms submitted by the person having delivered the shipment.
7.9. If the Buyer accepts a shipment without making any comments, goods shall be considered delivered in an undamaged packaging, the quantity, quality and assortment of goods shall be considered to be in line with the terms of the Purchase – Sale Agreement and additional services related to the sale and delivery of goods shall be considered to have been carried out properly.
7.10. The Buyer undertakes to accept goods himself. When handing over goods, the Buyer may be asked to furnish his personal identity document and order information sent to the Buyer by the Seller.
7.11. Having delivered goods to the address indicated by the Buyer, goods shall be considered transferred to the Buyer, regardless of whether or not the goods were actually accepted by the Buyer or any other person, who accepted the goods at the specified address. If the Buyer could not pick up goods himself, and the goods were delivered to the specified address, the Buyer shall not have the right to file any claims with the Seller regarding the delivery of goods to a wrong person.
7.12. The Seller shall be released from liability for violation of terms of delivery of goods, if goods were not delivered to the Buyer or were delivered late at the fault of the Buyer, couriers or due to circumstances within the Buyer’s control.
8. QUALITY AND WARRANTY OF GOODS
8.1. General properties of goods being sold shall be provided in the product description of each item.
8.2. The colour, shape or other parameters of goods in the Store may differ from the actual size, shape and colour of goods due to the features of electronic devices used by the Buyer or for other technical reasons, also taking into account reasonable discrepancies in appearance.
8.3. Unless indicated otherwise in the Store, goods purchased by the Buyer-Consumer
shall be subject to a standard 2-year warranty for the quality of goods.
8.4. If goods are of poor quality, the Buyer shall have the right to keep defective goods and to recover a part of the price paid for such goods having agreed with the Seller thereon.
8.5. The warranty does not apply in case of natural wear of the Goods, change of properties (color), damage caused by the use not meant for the Goods, non-compliance with the rules (recommendations) of use or maintenance.
9. RIGHT TO REFUSE THE AGREEMENT, RETURN OF GOODS
9.1. The Buyer-Consumer shall have the right to refuse the Purchase – Sale Agreement concluded by electronic means of communication without giving a reason therefor within 14 (fourteen) days from the date of delivery (receipt) of goods, by sending a notice on the refusal of the Purchase – Sale Agreement to the Seller by e-mail: info@imiarts.com. The Buyer’s notice shall clearly indicate the Buyer's refusal of the Agreement. The Buyer shall also provide a purchase document (invoice, receipt, etc.), by sending its copy together with the notice of the refusal of the Agreement, evidencing that the goods were purchased from the Seller. When purchasing several goods under a single Agreement, his right of refusal shall be valid in respect of both all the goods and one or more products. Conditions laid down in clauses 9.2 – 9.9. below shall apply when goods are returned by a Buyer-Consumer.
9.2. Goods shall be returned to the Seller not later than within 14 (fourteen) calendar days from the day of sending a message on refusal of the Purchase – Sale Agreement to the Seller. The Buyer shall be responsible for properly packaging goods for return. The Buyer shall bear direct expenses of the return of goods, unless the Seller instructs the Buyer otherwise having received a notice on the refusal of the Agreement.
9.3. Goods may be returned through intermediaries (couriers) at his own choice who must deliver them to Paberžės str. 2-37, LT-07154, Vilnius, Rupublic of Lithuania. Before returning goods, through intermediaries (couriers) the Buyer shall contact the Seller by e-mail info@imiarts.com and agree on the return of goods.
9.4. Money for the goods shall be returned to the Buyer within 9 (nine) working days after the goods are returned to the Seller
9.5. The Seller shall not be considered to have violated conditions of return of money, if he is unable make a transfer at the fault of the Buyer (delayed return of goods, inaccurate data, etc.).
9.6. Having purchased goods of poor quality, the Buyer may ask to exchange goods of inappropriate quality with appropriate goods, to reduce the price of goods or to return goods and recover the amount paid therefor. Goods of poor quality shall be exchanged or returned in accordance with the procedure of these Rules and legal acts of the Republic of Lithuania.
9.7. The Buyer shall act in accordance with the following conditions when returning goods:
9.7.1. the goods returned shall be in their original packaging or in another orderly package;
9.7.2. goods shall not be damaged by the Buyer;
9.7.3. goods shall be unused, marketable (with undamaged labels, unremoved protective films, etc.). Returned goods of poor quality shall not be subject to requirements of this clause);
9.7.4. the goods returned shall come in the same assembly as received by the Buyer;
9.7.5. when returning goods, presenting a VAT invoice, copy of the payment order and completing an application for the return of goods shall be necessary;
9.8. If the goods returned do not come in a complete assembly, are damaged, disorderly and/or inappropriately packaged, the Seller shall have the right to refuse to accept the goods returned and to return the money paid by the Buyer for the goods being returned.
9.9. The Buyer cannot return such goods that cannot be returned in accordance with legal acts of the Republic of Lithuania.
10. DISCOUNT AND PROMOTIONS
10.1. The Seller may initiate various promotions or apply discounts at the Store at its own initiative.
10.2. Detailed information related to discounts or promotions shall be available at the Store during a specific promotion or discount period.
10.3. When the Buyer purchases goods for which the Seller proivides a certain discount or gift, or the Buyer uses a gift card, and then the Buyer exercises the right to return the goods, only the amount actually paid for the goods is refunded to the Buyer.
10.4. The Seller has the right to (vienasaliskai), without seperate notice, change the conditions of application of promotions or discounts, as well as cancel them. Any changes or cancellations of the terms and conditions of promotions and discounts are effective from the moment of their publication.
11. LIABILITY OF THE PARTIES
11.1 The Buyer shall be liable for the correctness of the Registration Data. If the Buyer fails to provide accurate Registration Data and / or to update them in a timely manner, the Seller shall not be liable for resulting consequences.
11.2. The Buyer shall be liable for transferring the Registration Data to third parties. If a third person uses the services provided by the Store or purchases goods or services at the Store having logged in to the Store using the Buyer’s login data, the Seller shall consider this person the Buyer, and the Buyer shall be liable for all the obligations arising therefrom.
11.3. The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer failed to read the Rules and/or the Purchase – Sale Agreement despite the Seller's recommendation and his duty to do so, even though he was provided with such a possibility.
11.4. The Seller shall be liable for malfunctioning of the Store and the resulting direct losses or damage incurred by the Buyer or third persons, if they formed by deliberate actions of the Seller.
11.5. If the Seller’s Store has links to websites of other companies, institutions, organizations or persons, the Seller shall not be liable for information contained therein or activities carried out, it shall not supervise over or control those websites, and shall not represent those companies or individuals.
11.6. In case of damage, the guilty party shall reimburse the other party’s direct losses only.
11.7. The Seller shall not be liable for a default on the Purchase – Sale Agreement and/or a failure to deliver goods or late delivery of goods, where this happened at the fault of third persons, or for circumstances, which the Seller could not control or reasonably foresee at the time of conclusion of the Purchase – Sale Agreement, and could not prevent the occurrence of these circumstances or their consequences (force majeure). Where the said circumstances last longer than 1 (one) month, the parties may terminate the Purchase – Sale Agreement by their mutual agreement.
12. PROVISION OF INFORMATION
12.1. The Seller shall send all messages and other information to the Buyer to his specified e-mail address. This information shall be considered received by the Buyer within 3 (three) hours from the moment of its sending.
12.2. The Seller shall not be liable for any malfunctions in the Internet connection or disruptions in networks of e-mail service providers for which the Buyer was unable to receive e-mails of the Seller.
12.3. The Buyer shall send all notices, claims, applications and questions using the contacts specified in these Rules and the contact details indicated under the “Contacts” section of the Store.
13. FINAL PROVISIONS
13.1. All information provided on the Seller’s website, including, but not limited to these Rules, information about the Seller, offered goods and services, and their properties, procedure of implementation of the Buyer’s right to refuse the Purchase – Sale Agreement, warranty services provided by the Seller and warranties (if provided) shall be deemed to have been submitted to the Buyer in writing.
13.2. The Seller may at any time assign its rights and duties arising out of these Rules to any third persons without obtaining the Buyer’s consent thereto or notifying him thereof.
13.3. All disagreements between the Buyer and the Seller regarding the Rules shall be solved by negotiation. If the parties fail to resolve disputes by negotiations within 15 (fifteen) days, disputes shall be finally settled in accordance with the procedure established by laws of the Republic of Lithuania.