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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 Tilžės str. 156-212, Šiauliai, Republic of Lithuania, represented by Director Morten Kroslid,acting in accordance with company law (hereinafter – the Seller) and The client (hereinafter – the Purchaser),

jointlyreferred to as the Parties in this Agreement, and each individually – the Party, bothagreed and concluded  an agreement for the purchase of goods by means of electronic comunication (hereinafter – the Agreement) in the electronic shop (hereinafter – ESHOP).

 

1.      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 shown next to the description of the Item.

1.2.   In thisAgreement, the term "Item” used insingular 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 as from the moment after the Purchaser puts a selected Item into the shopping cart and clicks on the linkConfirm the order.

2.2.   After the conclusion, the Agreement is stored in the database of the ESHOP.

 

3.      Rightsand duties of the Seller

3.1  The Seller is entitled:

3.1.1        due to particular circumstances suspend orterminate sale of Items in ESHOPwithout anyprior notification to the Purchaser;

3.1.2        deprive the Purchaser from the right to use ESHOP or cancel registration of the Purchaser without anyprior notification, if the Purchaser attempts to violate a stable functioning of the ESHOP;

3.1.3        unilaterally change shopping rules;

3.2.The Seller undertakes:

3.2.1.      Deliver the Item to the Purchaser in accordance with the terms and conditions of the Agreement;

3.2.2        deliver the Item conforming to the condition provided in the order, 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 similar Item for the Purchaser. If the Purchaser refuses to accept similar Item after making 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 ESHOP properly;

3.2.5        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 ESHOP in accordance with the  terms and conditions of this Agreement and the internal rules of the ESHOP;

4.1.2        refuse the Agreement with ESHOP by giving notice to the Seller in written form within 7 days from the date of delivery of the Items;

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 delivered Items in accordance with agreed terms and conditions of the ESHOP;

4.2.4        if the Purchaser refuses to accept delivery of the Item without a reasonable reason, the Purchaser shall pay all delivery costs suffered by the Seller and 10 000 Eurpenalty for the Seller;

4.2.5        not to share personal password with third parties. If the Purchaser looses the password, the Purchaser shall inform the Seller about it via ESHOP section „Contact us“, or by phone, or e-mail;

4.2.6        immediately update data about the Purchaser in case it has been changed;

4.2.7        Seller certifies that he agrees with rules of sale and purchase by ESHOP and undertakes to comply with them;

4.2.8        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. These terms are not applied when the Seller does not have the required item in stock and the Purchaser is informed about the shortage of ordered Item. 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. In the latter case the Seller undertakes to contact the Purchaser, when the Seller is informed about the possible delay.

5.1.2.      the Item shall be delivered to indicated address and transferred to the Purchaser. 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 indicated address, the Purchaser does not have the right to make a claim of 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 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 document.

5.1.6.      The title to the Item passes to the Purchaser as from the moment of signing of 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 Itemshall 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 liableif parameters of the Item from ESHOP do not correspond to the actual size, shape and color because of specific features of Purchaser computer display.

6.3.      In 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 14days has to notify the Seller about the latter.

 

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 registration form;

7.1.3.      the Purchaser is liable for actions performed when using ESHOP;

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 reach them through the links shown in ESHOP of the Seller.

 

8.            Final provisions

8.1.      Under this Agreement Parties agree:

8.1.1.      if all notifications are given under the signature of the Party or its representative, sent by registered mail, fax or e-mail, they are considered to be delivered properly to the other Party;

8.1.2.      this Agreement has been construed under laws of the Republic of Lithuania;

8.1.3.      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 mutual agreement, all disputes shall be settled under the laws of Republic of Lithuania;

8.1.4.      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;

8.1.5.      the Purchaser confirms that the Purchaser is acquainted with the Agreement, understood its terms and conditions;

8.1.6.      undertakings to the Purchaser arise as from the moment it receives the confirmation of order from the Seller.

8.1.7.      Item shall be delivered within the terms set by the Seller.