1. GENERAL PROVISIONS
These Purchase and Sale Rules (The Rules) establish the mutual rights, obligations, and responsibilities between a person acquiring goods (The Buyer) and Diktum (the Seller) when the Buyer purchases goods in online store. By purchasing goods, the Buyer agrees to the application of these Rules.
2. MOMENT OF CONCLUSION OF THE PURCHASE AND SALE AGREEMENT
2.1. A purchase and sale agreement between The Buyer and The Seller is considered concluded from the moment The Buyer have formed a shopping cart in the online store, indicated the delivery address, selected the payment method, and familiarized themselves with these Rules, clicks the “Order” button, and is valid until the complete fulfillment of obligations under this agreement. In cases where The Buyer does not agree with all or part of The Rules, they must not place an order.
2.2. Each agreement concluded between The Buyer and The Seller is stored in the Seller’s database.
2.3. The right to use the e-store services is granted to:
2.3.1. Legally capable natural persons who are at least 18 years of age;
2.3.2. Minors between the ages of fifteen and eighteen only with the consent of their parents, adoptive parents, or guardians, except in cases where they independently manage their earnings or scholarship;
2.3.3. Legal entities;
2.3.4. Authorized representatives of all the persons mentioned above.
2.4. The personal data provided by The Buyer (name, surname, address, telephone number, email address) during registration in the e-store is stored and processed in accordance with the Law on Legal Protection of Personal Data of the Republic of Lithuania No. IX-1296 of January 21, 2003, and the Seller’s “Privacy Policy” described by the Seller.
2.5. The prices of goods indicated in the e-store’s product catalog are valid only when purchasing these goods in the e-store. The prices of goods in the e-store are indicated including VAT. Delivery costs are not included.
3. RIGHTS AND OBLIGATIONS OF THE BUYER
3.1. The Buyer has the right to purchase goods in the online store in accordance with these Rules and the legal acts of the Republic of Lithuania.
3.2. The Buyer (consumer) has the right, without stating a reason, to withdraw from the purchase and sale agreement concluded in the online store with The Seller by notifying The Seller within 14 days from the date of delivery of the goods (more details in clause no. 6 of the return conditions, which is an integral part of these Rules).
3.3. The Buyer can choose and order any product from the e-store’s catalogs. By using the e-store’s services, The Buyer agrees to these purchase and sale agreement rules and is obliged to comply with them.
3.4. The Buyer must provide complete and correct data in the e-store’s registration form. If The Buyer’s personal data changes, they must update the data immediately. The Buyer is responsible for all actions performed using the e-store.
3.5. The same person is prohibited from registering and using the e-store’s services under multiple names. The Buyer undertakes not to transfer their registration and login details to third parties. If The Buyer loses their login details, they must immediately inform The Seller. The Seller is not responsible for the actions of third parties who have used The Buyer’s login details before the moment of notification and the e-store administrator’s ability to change your login details. In such a case, The Seller has the right to consider that the actions in the e-store were performed by The Buyer.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. To create conditions for The Buyer to properly use the services provided by the online store.
4.2. To organize the delivery of the goods ordered by The Buyer to the address indicated by The Buyer.
4.3. If The Buyer attempts to harm the operation or stable functioning of the e-store, The Seller may, without prior notice, restrict, suspend (terminate) their ability to use the online store.
4.4. The Seller has the right to temporarily or permanently terminate the operation of the e-store without separate notice.
4.5. The Seller has the right to conduct promotions and change delivery conditions.
4.6. The Seller has the right to unilaterally change these Rules by publishing them on the online store’s website. The changes take effect from the moment of publication for all transactions concluded after the publication.
4.7. The Seller has other rights indicated in the Rules and the legal acts of the Republic of Lithuania.
5. DELIVERY OF GOODS
5.1. The goods are delivered at The Buyer’s expense by a transport company. In certain cases specified by The Seller, the goods are delivered at The Seller’s expense.
5.2. If the order amount exceeds €250, the goods ordered by The Buyer are delivered at The Seller’s expense. If the order amount does not exceed €250, the exact delivery price is calculated based on the weight of the ordered goods and indicated in the shopping cart.
5.3. When ordering goods that are in stock, they are usually delivered to The Buyer’s specified address within 2-5 business days from the receipt of payment for the goods and their transportation. When ordering goods that are not in stock or are ordered according to special orders, The Buyer will be contacted personally regarding the exact delivery time. Goods are delivered throughout the territory of the Republic of Lithuania, including the Curonian Spit (an additional fee applies). The Seller is not responsible for the non-delivery or late delivery of The Buyer’s ordered goods if this occurred due to the fault of third parties or due to force majeure circumstances.
5.4. Upon delivery of the shipment, The Buyer or, as the case may be, The Buyer’s representative must, together with the representative of the transport company, check the condition of the shipment packaging, the quantity, quality, and assortment of the goods.
5.4.1. If damage to the shipment packaging, discrepancies in the quantity, quality, or assortment of goods are identified, The Buyer or, as the case may be, The Buyer’s representative may refuse to accept the shipment. In such a case, the transport company’s representative, together with The Buyer or, as the case may be, The Buyer’s representative, fills out a special shipment inspection report indicating the detected violations.
5.4.2. If The Buyer or, as the case may be, The Buyer’s representative accepts the shipment and signs the data collector or paper delivery confirmation provided by the transport company’s representative without comments, it is considered that the goods were delivered in undamaged shipment packaging, and the quantity, quality, and assortment of the goods comply with the terms of the purchase and sale agreement, and the additional services indicated in the data collector or paper delivery confirmation were properly performed, unless proven otherwise.
5.5. After the goods are delivered and handed over to The Buyer’s specified address, it is considered that the goods have been transferred to The Buyer, regardless of whether the goods are actually accepted by The Buyer or any other person who accepted the goods at the specified address. If the goods are not delivered on the planned delivery date, The Buyer must immediately, but no later than the next day after the planned delivery date, inform The Seller.
5.6. If the goods will be accepted by a person other than The Buyer, The Buyer must provide the data of the person accepting the goods when filling out the order delivery information.
6. RETURN OF GOODS
6.1. The return of goods purchased in the e-store is carried out based on the Order of the Minister of Economy of the Republic of Lithuania No. 258 of August 17, 2001, “Regarding the Approval of the Rules for the Sale of Goods and Provision of Services When Contracts Are Concluded Using Means of Communication,” and the Order of the Minister of Economy of the Republic of Lithuania No. 217 of June 29, 2001, “Regarding the Approval of the Rules for the Return and Exchange of Goods.”
6.2. Goods that The Buyer does not like in terms of shape, size, color, model, or completeness are exchanged or accepted back by The Seller within 14 days from the date of delivery at the Diktum store located at the address indicated in “Contacts.” Delivery costs are not refunded. The Buyer returns the disliked goods using their own transport or pays the return costs, except for the cases described in clause 6.3.
6.3. The Buyer’s request to return a purchased quality product is not satisfied if the goods are ordered according to special orders, upon signing a “Special Goods Purchase Agreement.” Special goods are considered goods that are not available at The Seller’s point of sale or in the daily assortment and that The Seller does not usually trade in, but are specially ordered for this particular Buyer.
6.4. If The Buyer decides to terminate the contract and informs The Seller about it, The Buyer loses the right to use the goods from the date of sending the notification. The date and time of sending the notification are determined by the time The Buyer’s notification was sent. If it is determined that the goods were used, damaged, or their appearance changed after the notification was sent, The Seller has the right to refuse to terminate the contract. The Buyer does not have the right to refuse to terminate the purchase and sale agreement if the goods were ordered according to a special order.
6.5. The Buyer can exercise the right to return goods if the goods have not been used, are undamaged, have not lost their marketable appearance, and were not ordered according to a special order. Goods purchased according to a special order can be returned by The Buyer only if the goods do not meet the quality requirements. Returned goods must be fully complete. The Buyer is responsible for the complete assembly and packaging of the item. If the goods are not fully complete and properly packaged, The Seller or their representative may refuse to accept the returned goods. Changes in the appearance of the goods or their packaging that were necessary to inspect the goods cannot be considered significant changes in the appearance of the goods.
6.6. If the purchased goods did not meet the quality requirements, The Seller undertakes to replace the defective goods with goods of suitable quality, appropriately reduce the price of the goods, or refund the money paid for the goods and their delivery within 7 days from the submission of the request. The goods must be returned in the original packaging of the goods and the shipment. The Buyer must also provide the original VAT invoice for the goods and a completed and signed return form stating the reason for the return of the goods.
7. LIABILITY
7.1. The Buyer is responsible for the accuracy of the data provided in the registration form. The Buyer assumes responsibility for the consequences arising from the inaccuracy or incorrectness of the data provided in the registration form.
7.2. For the breach of the purchase and sale agreement concluded using the online store, the parties are liable in accordance with the procedure established by the legal acts of the Republic of Lithuania.
7.3. Taking into account the provisions of Article 8(3) of the Law on Electronic Signature of the Republic of Lithuania, The Buyer and The Seller agree that the confirmation of The Buyer’s actions in the online store using the login details (identification code) to the online store has the legal force of an electronic signature established in Article 8(1) of the Law on Electronic Signature (i.e., it has the same legal force as a signature in written documents and is admissible as evidence in court). The Buyer must protect their login details to the online store and not disclose them, ensure that the details are known only to them and that they use the details themselves, and not transfer or otherwise create opportunities for other persons to become acquainted with or use these details. If there is suspicion that the login details may have become known to another person, The Buyer must immediately notify The Seller, and also immediately inform The Seller about the breach or disclosure of their login details to the online store. All actions performed using The Buyer’s identification code are considered to have been performed by The Buyer, and The Buyer assumes full responsibility for the consequences of such actions.
7.4. The Seller is not responsible for the information provided on the websites of other companies, even if The Buyer accesses these websites through links in The Seller’s online store.
7.5. The Seller is not responsible for the fact that the color, shape, or other parameters of the goods presented in the online store may not correspond to the actual size, shapes, and color of the goods due to the peculiarities of The Buyer’s monitor.
7.6. The prices of goods presented in the e-store may differ from the prices applied in physical stores.
8. PROCESSING OF PERSONAL DATA
8.1. By forming an Order and ticking the box “I have read and agree to the Privacy Policy,” The Buyer confirms that they and their representatives (The Buyer has the consent of their representatives) agree to provide The Seller with their personal data specified in these Rules and the registration form and do not object to The Seller processing the personal data of The Buyer and/or their representatives for the purposes of online commerce.
8.2. The Privacy Policy regulates the main principles and procedures for the collection, processing, and storage of personal data of the client (hereinafter – You, Your) of the Diktum online store www.diktum.lt (The e-store).
8.3. The collection, processing, and storage of The Buyer’s personal data are determined by this privacy policy, the Law on Legal Protection of Personal Data of the Republic of Lithuania, and other legal acts.
8.4. More information about the privacy policy is provided in the “Privacy Policy.”
9. SENDING OF INFORMATION
9.1. The Seller sends all notifications to the email address provided by The Buyer in the registration form.9.2. The Buyer sends all notifications and questions to the address indicated in the “Contacts” section of The Seller’s online store.
10. FINAL PROVISION
10.1. These Rules do not limit the rights of The Buyer (consumer) established by the legal acts of the Republic of Lithuania, including the rights in case of purchasing a product or service of inadequate quality.
10.2. In the event that The Buyer does not agree with The Seller’s prepared response to The Buyer’s written claim, The Buyer may submit their request or complaint regarding the goods purchased at www..diktum.lt to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. 85 262 67 51, fax. (85) 279 1466, website www.vvtat.lt (as well as to the territorial divisions of the State Consumer Rights Protection Authority in the counties) - or fill out a request form on the EGS platform https://ec.europa.eu/odr/.
10.3. All disagreements arising from or related to the purchase and sale agreement between The Buyer and The Seller shall be resolved through negotiations. If no agreement is reached, the disagreements shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.