AGREEMENT FOR THE PURCHASE OF GOODS BY MEANS OF ELECTRONIC COMMUNICATION
UAB “Viking Industrier“ is a company incorporated under the laws of the Republic of Lithuania, legal entity code 300591428, registered office Miško str. 25, Venta, Republic of Lithuania, represented by Director Sigitas Šakys, acting in accordance with company law (hereinafter – the Seller) and the client (hereinafter – the Purchaser), Jointly referred to as the Parties in this Agreement, and each individually – the Party, both agreed and concluded an agreement for the purchase of goods by means of electronic communication (hereinafter – the Agreement) in the online orders system (hereinafter – DEALER SITE).
1. The subject matter of the Agreement
1.1. The Seller hereby agrees to transfer the title to goods from the shopping cart (hereinafter – the Item) to the Purchaser and the Purchaser agrees to accept the Item and pay the price indicated next to the description of the Item, shown in the DEALER SITE or, when the price of the relevant Item is not set in DEALER SITE, the price agreed by separate agreement (by email or phone) and recorded in the order before conclusion of Agreement as stated above.
1.2. In cases where the Purchaser orders a non-standard product that needs to be specifically adapted to the customer's needs, an additional 15% non-standard product charge will apply.
1.3. The Seller is free to change the prices quoted in the DEALER SITE without prior notice, but the Seller will only seek to do so upon prior notice to the Purchaser. However, this prior notice clause is not and cannot be construed as a Seller's obligation to the Purchaser. In any case, Seller shall not be liable for Purchaser's obligations and consequential losses to third parties in connection with price changes.
1.4. In this Agreement, the term "Item” used in the singular also means plural, depending on the subject matter specified in Article 1.1. above.
2. Conclusion of the Agreement
2.1. The Agreement between the Parties is to be concluded from the moment after the Purchaser puts a selected Item into the shopping cart and clicks on the link „PLACE ORDER“.
2.2. After the conclusion, the Agreement is stored in the database of the DEALER SITE.
3. Rights and duties of the Seller
3.1. The Seller is entitled:
3.1.1. Due to particular circumstances suspend or terminate the sale of Items in DEALER SITE without any prior notification to the Purchaser;
3.1.2. Deprive the Purchaser of the right to use DEALER SITE or cancel the registration of the Purchaser without any prior notice if the Purchaser last order through the system was more than 6 months before or attempts to violate a stable functioning of the DEALER;
3.1.3. Unilaterally change shopping rules;
3.2. The Seller undertakes:
3.2.1. Deliver the Item to the Purchaser by the terms and conditions of the Agreement;
3.2.2. Deliver the Item, ensuring compliance with normal requirements for Item of this type and the term of usage;
3.2.3. If the Seller cannot deliver the Item due to significant reasons, then the Seller is obliged to offer a similar Item for the Purchaser. If the Purchaser refuses to accept similar Item after making a prepayment, the Seller agrees to make a refund within the period of one month.
3.2.4. Ensure all necessary conditions to the Purchaser to use the DEALER SITE properly;
3.2.5. Depending on the delivery terms under the Agreement, accept the liability for the risk of accidental loss or damage to the Item up to the moment of transfer of the title of the Item;
3.2.6. Implement other undertakings under the Agreement.
4. Rights and duties of the Purchaser
4.1. The Purchaser is entitled to:
4.1.1. Purchase Items from DEALER SITE in accordance with the terms and conditions of this Agreement and the internal rules of the DEALER SITE;
4.1.2. Withdraw from the Agreement with the Seller without financial consequences by notifying the Seller in writing within 7 days from the day of conclusion of the Agreement, but in any case, not later than 3 days before Seller begins execution of the Order;
4.1.3. In cases where the Purchaser terminates the Agreement with the Seller more than 7 days after the date of the conclusion of the Agreement and/or less than 3 days before the Seller commences the execution of the Order, upon the Seller's decision, the Purchaser may be charged the Agreement administration fee equal to 10% of the value of the terminated Agreement. The Purchaser agrees that such an Agreement administration fee may be deducted from the amount paid without any prior additional agreement with the Purchaser.
4.1.4. The Purchaser may not terminate the Agreement after the Seller commences to execute the Order. In cases where the Item has been prepaid under the Agreement, such amount shall not be refundable. In cases where the Item has not been prepaid under the Agreement, the Purchaser undertakes to pay the amount specified in the Agreement for a specific Item no later than 7 days after Seller's written notice to the Purchaser that the Item has been prepared under the Agreement.
4.2. The Purchaser undertakes:
4.2.1. Accept the Item delivered during the agreed period if the Item conforms to requirements set in this Agreement and other quality requirements provided in Item description;
4.2.2. At the moment of acceptance of the Item verify delivered Item and sign documents of delivery;
4.2.3. Pay for the Items in accordance with agreed terms and conditions of the DEALER SITE;
4.2.4. In cases where the Purchaser refuses to accept the Item delivered to the address specified by the Purchaser without a reasonable reason, pay all delivery costs suffered by the Seller and to pay 5000 Eur penalty for the Seller;
4.2.5. In cases where the Seller is unable to ship the Items from its warehouse due to Purchaser's fault (due to late payment or other Purchasers-dependent reasons), the Seller has the right To stop produce other Purchaser orders if the payment late more than 2 weeks (any canceled orders can be refunded when the debt is paid); If the Seller is unable to ship the Items from its warehouse due to Purchaser's fault more than 30 days, the Seller can charge a fixed cost for storage of Items to be equal to EUR 50 per day per each Item which cannot be shipped due to Purchaser’s fault. The Purchaser agrees to execute the payment for storage immediately, but not later than on the last day of storage of the Items.
4.2.6 Not to share a personal password with third parties. If the Purchaser loses the password, the Purchaser shall inform the Seller about it via DEALER SITE section „Contact us “, or by phone, or e-mail;
4.2.7. Immediately update data about the Purchaser in case it has been changed;
4.2.8. Seller certifies that he agrees with rules of sale and purchase by DEALER SITE and undertakes to comply with them;
4.2.9. To implement other undertakings under this Agreement.
5. Transfer and the Title
5.1. The delivery and transfer of the Item to the Purchaser shall be organized as follows:
5.1.1. The Item is delivered and transferred to the Purchaser within terms and conditions provided in Item description. It is important to note that the delivery terms are indicative and cannot be construed as an obligation of the Seller. The Purchaser represents and warrants that the Purchaser will accept the Item even in cases Item is to be delivered not within terms and conditions of this Agreement.
5.1.2. The Item shall be delivered to address specified by the Purchaser and transferred to the Purchaser by the terms of the Agreement. The Purchaser commits to accept the goods himself. If the Purchaser is not able to accept the purchased Item himself when it is delivered to the specified address, the Purchaser does not have the right claim the delivery of the Item to the third party.
5.1.3. The Purchaser agrees to pay all the delivery costs suffered during the Item transfer to the address, concluded in the Agreement.
5.1.4. At the moment of acceptance of the Item, the Purchaser has to verify the quality of the delivered Item. If there are any discrepancies in the delivered Item, the Purchaser has to provide such information in the delivery sheet and write a free-form act of the damage of the Item.
5.1.5. The Item shall be deemed to be transferred as from the moment when the Purchaser signs a given transfer-acceptance deed or other documents.
5.1.6. The title to the Item passes to the Purchaser as from the moment of signing of the transfer-acceptance deed.
5.1.7. After signing the transfer-acceptance deed, the Purchaser shall bear all risk of loss or deterioration of the Item.
6. Quality of the Item
6.1. The quality, quantity and other criteria of the Item shall comply with the terms and conditions of the Agreement, if not specified - with the reasonable requirements for such Item.
6.2. The Seller is not liable if parameters of the Item from DEALER SITE do not correspond to the actual size, shape, and color because of specific features of a computer display.
6.3. In the case under specific legislation the specific maximum duration of the usage of the Item is defined, Seller agrees to sell such Item to the Purchaser so that he would be given a reasonable opportunity to use such Item before the end of the usage term.
6.4. The Seller is entitled to shorten the warranty term. If, after transferring the Item, any defects, not related to the misuse or failing to follow the storage guidelines, are occurring during the period of the warranty, the Purchaser within 14 days must notify the Seller about the latter.
6.5. The Seller warrants the quality of its products in accordance with the terms and conditions set forth in UAB VIKING INDUSTRIER PRODUCT GUARANTEE. In any case, if the Item is purchased and delivered unassembled, the Seller warrants its quality assurance only if the Item is assembled by the Purchaser‘s staff with the skills required to perform such work or by his contracted professional staff with the skills required to perform such work. Upon the Seller's request, the Purchaser undertakes to submit such contracts to the Seller.
7. Liability of the Parties:
7.1. Parties undertake:
7.1.1. Proper performance of their undertakings, agreed under this Agreement and refrain from any actions that might cause harm to each other;
7.1.2. The Purchaser is totally responsible for the correctness of data provided in the registration form;
7.1.3. The Purchaser is liable for actions performed when using DEALER SITE;
7.1.4. The Purchaser is liable for disclosing personal login data to third parties. The Purchaser is also liable for the actions of third parties who use data acquired from the Purchaser;
7.1.5. The Seller shall not be subject to liability when damage is caused by the Purchaser;
7.1.6. The Seller is not liable for any Item information provided in third party websites, even if the Purchaser reaches them through the links shown in DEALER SITE of the Seller.
8. Notification of personal data processing
Upon signing this Agreement, the Parties confirm that all their representatives and contact persons specified in the Agreement as well as other employees and other natural persons, whose personal data will be disclosed or otherwise transferred to other party during the contract, received or, within the legal deadlines, will be provided with all the mandatory information on the transfer and processing of their personal data in accordance with the EU General Data Protection Regulation No. 2016/679, including but not limited to information about the purpose of the data transfer, recipients, grounds, data subject’s rights. The undersigned confirms that they are familiar with the information on the processing of their personal data. If requested, the Parties shall provide proof of compliance with this obligation.
9. Final provisions
9.1. Under this Agreement Parties agree:
9.1.1. If all notifications are given under the signature of the Party or its representative, sent by registered mail or e-mail, they are considered to be delivered properly to the other Party;
9.1.2. This Agreement has been construed under laws of the Republic of Lithuania;
9.1.3. All the disputes arising out of this Agreement or its enforcement, breach, termination or invalidity may be solved by negotiating. If Parties fail to reach a mutual agreement, all disputes shall be settled under the laws of Republic of Lithuania;
9.1.4. The Agreement comes into force as from the date it has been signed /accepted and remain valid until full implementation of all undertakings under this Agreement;
9.1.5. The Purchaser confirms that the Purchaser is acquainted with the Agreement, understood its terms and conditions;
9.1.6. Undertakings to the Purchaser arise as from the moment it receives the confirmation of order from the Seller.