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1. General Provisions
1.1. These purchase and sales rules are a document approved by both parties (the Buyer and the Seller) and set down the obligations and rights of the Buyer and the Seller; the terms and conditions for the purchase, payment, delivery and return of merchandise; the liability of the parties for non-fulfilment of obligations; and other associated provisions.
1.2. The Seller retains the right to change these Rules subject to the requirements of legislative acts. The Buyers will be notified about the changes by e-mail or upon logging in to the e-shop.
1.3. The e-shop is open for natural persons (legal adults) and legal persons. By accepting the Rules, Buyers confirm that they meet the requirements established in the Rules.
1.4. An agreement is deemed to have been made at the moment the customer, after selecting good(s) to be bought, clicks on the ‘Pay’ link.
2. Protection of Personal Data
2.1. Purchases can be made in the e-shop only after submitting personal data in the sales system.
2.2. When registering, the Buyer is obligated to complete the fields correctly. They are necessary to identify the customer and to fill the order. The following fields must be completed: given name, surname, address for delivery of the merchandise, telephone number, and e-mail address.
2.3. By accepting the Rules, the Buyer agrees that the personal data provided may be used by the ISM Books electronic shop, for the purposes of performance analysis, and for the direct marketing of the Seller.
2.4. The Seller agrees not to disclose the personal data of the Buyer to third parties, with the exception of the Seller’s partners that provide delivery or other services associated with the fulfilment of orders. In other cases, information about the Buyer may be disclosed to third parties only in accordance with the procedure established by the legal acts of the Republic of Lithuania.
2.5. The Buyer who does not want his/her e-mail address, telephone number, or other information to be used for direct marketing purposes should notify the administration of the e-shop about this using publicly available contact information.
2.6. The Buyer agrees to receive information in Lithuanian or English related to orders of merchandise at the addresses and contacts specified on the registration form.
3. Rights of the Buyer
3.1. The Buyer has the right to purchase the merchandise in the e-shop in accordance with the procedure established in these Rules and published on the website.
3.2. The agreement may be terminated and the merchandise that was purchased may be returned within 7 working days after the date of delivery if the Buyer can prove to the Seller that the item sold is of inferior quality, has manufacturing defects, or does not correspond to the description of the item published on the e-shop (the Seller should be notified about the incompliance of the item by e-mail or telephone [by calling the number indicated).
3.3. The Buyer may use the right to return the purchased item (more information about returning merchandise is available in Sections 9 and 10 of the Rules).
3.4. The rights of the Buyer are described in the ‘Regulations for sales of merchandise and provision of services when agreements are concluded using a means of communication’ approved by Order No 258 of 17 August 2001 of the Minister of Economy of the Republic of Lithuania.
4. Obligations of the Buyer
4.1. The Buyer agrees to pay for the merchandise according to the invoice and accept it in accordance with the procedure established in these Rules.
4.2. The Buyer agrees to keep the purchase receipt or another document corroborating payment until he/she receives the merchandise.
4.3. A registered Buyer agrees to not reveal his/her log-in information to a third party. If the Buyer loses his/her log-in information, he/she agrees to immediately notify the Seller thereof via the means of communication indicated in the e-shop.
4.4. Should the information submitted by a registered Buyer on the registration form change, he/she agrees to update it without any delay.
4.5. If the Buyer does not receive an e-mail confirmation about successful payment within 24 hours, he/she should immediately contact the Seller as indicated on the website.
4.6. The Buyer agrees to observe these Rules, other terms and conditions stipulated on the e-shop, and the legal acts of the Republic of Lithuania.
5. Rights of the Seller
5.1. The Seller has the right to set a minimum purchase requirement.
5.2. Should the Buyer attempt to undermine the stability and safety of the internet shop operation or breach his/her obligations, the Seller has the right to restrict or suspend the possibility to use the e-shop without any prior notice or, in exceptional cases, to annul the registration of the Buyer.
5.3. Under special circumstances, the Seller may temporarily or permanently cease the operations of the e-shop without any prior notice to the Buyer.
5.4. The Seller has the right to cancel the order of the Buyer without any prior notice if the Buyer fails to pay for the merchandise as per the option selected from the methods stipulated in the Rules within 3 (three) working days. Payment is deemed to have been made when the Buyer remits the specified amount to the Seller using the proposed payment options.
5.5. In case of any questions about the information contained in the order, the Seller may contact the Buyer using the contact information provided in the order. The Seller is entitled to cancel the order of the Buyer without any prior notice if the Seller cannot reach the Buyer within 3 (three) working days.
5.6. If the Seller does not receive payment within the established period, the Seller has the right to cancel the order unless the Seller can reach the Buyer within 3 (three) working days using the contact information provided.
6. Obligations of the Buyer
6.1. The Seller agrees to enable the Buyer to use the services provided by the e-shop in line with the terms and conditions established in these Rules and the e-shop.
6.2. The Seller agrees to respect the right of the privacy of the Buyer to his/her personal information and use and store the personal data provided by the Buyer only in accordance with the procedure established in Section 2 of the Rules and the legal acts of the Republic of Lithuania.
6.3. The Seller agrees to deliver the merchandise ordered and paid for by the Buyer to the address specified by the latter in line with the terms and conditions referred to in Section 8 of the Rules.
6.4. Should the Seller be prevented by material circumstances from delivering the merchandise the Buyer ordered, the Seller agrees to offer a similar item. Should the Buyer refuse to accept the similar item, the Seller agrees to, within 10 (ten) working days after the moment of refusal, reimburse the money the Buyer paid.
6.5. Should the Buyer use his/her right to return the merchandise laid down in Articles 3.2, 3.3 and 3.4 of the Rules and meet the conditions stipulated therein, the Seller agrees to return the money the Buyer paid within 10 (ten) working days after the date the merchandise was returned.
6.6. The Seller will not cover the transportation expenses sustained by the Buyer when returning the merchandise to the Seller.
6.7. The Seller is not responsible for differences in the appearance and colours of the actual merchandise from those shown in the illustrations.
7. Pricing of Merchandise, Payment Procedure, and Terms
7.1. Prices of merchandise on the e-shop and the order are specified in Euro including VAT.
7.2. The Buyer agrees to pay for the merchandise using one of the following options available:
7.2.1. Payment via the intermediary Mokėjimai.lt (UAB EVP International) is a method of prepayment. Payment can be made via the electronic banking system of the Buyer, by remitting the money at a bank, by paying in Maxima LT and LV shops, by paying at Lietuvos Spauda or RKiosk newsstands, or via the PayPal payment system. A Buyer who uses these payment options should select payment via this intermediary in the menu of the payment step. Liability for the security of data in this case is borne by Mokėjimai.lt (UAB EVP International).
7.2.2. Payment in cash—the Buyer pays for the merchandise when picking it up. Before that, the Buyer should contact the e-shop administration by using the e-mail address given on the e-shop and find out whether this is possible.
7.3. When using the payment options stipulated in Article 7.2.1., the Buyer should pay without delay. The period of delivery begins when payment is received for the merchandise.
7.4. The Buyer agrees that the purchasing documents for merchandise, VAT invoices, may be sent in an electronic format to the e-mail address provided at the time of registration. The invoices specify the merchandise selected, quantities, discounts provided (if any), final price of the merchandise including all taxes, delivery fees, and other information as required by the legal acts governing accounting.
8. Delivery of Merchandise
8.1. When ordering merchandise, the Buyer may select delivery (use the delivery service offered) or pick up the merchandise at the address that is indicated.
8.2. Delivery of the merchandise to the Buyer proceeds as follows:
8.2.1. A Buyer who chooses delivery at the time of ordering agrees to accurately specify the place of delivery.
8.2.2. The Buyer agrees to accept the merchandise him/herself at the address indicated at the time of registration. Should another person accept the merchandise at the address indicated, the Buyer is not entitled to complain about the delivery of merchandise to the wrong subject.
8.2.3. Merchandise is delivered to the address of the Buyer by the Seller or the Seller’s authorised representative—courier service.
8.2.4. The delivery fee is fixed and does not depend on the place of delivery or the weight of the merchandise. The delivery fee is published on the e-shop and presented when ordering merchandise.
8.3. Picking up merchandise at the place indicated by the Seller:
8.3.1. The Buyer may pick up the merchandise free of charge at one of the places indicated by the Seller:
188.8.131.52. ISM University of Management and Economics, Arklių g. 18-101, Vilnius LT-01305.
8.3.2. Should the Buyer indicate that he/she will be picking up the merchandise, the Buyer should wait for confirmation from the Seller that the merchandise will be available for pick up at the specified place.
8.3.3. The Buyer agrees to pick up the merchandise no later than within 10 (ten) working days after receiving an e-mail from the Seller confirming that the order is ready to pick up.
8.3.4. The merchandise may be picked up by the person who placed the order or another person indicated in the notes section when the order was placed. When the merchandise is picked up, it is necessary to produce a personal identity document (personal identity card, passport, or driving license with the new format).
8.4. The Seller agrees to deliver the merchandise to the Buyer within the periods of time indicated in the descriptions of merchandise. These periods are tentative; furthermore, they are not applicable in cases when the Seller does not have the necessary merchandise in stock and the Buyer has been informed about the shortage of this merchandise. The Buyer agrees that in exceptional cases the delivery of merchandise may be delayed due to circumstances beyond the control of the Seller. In this event, the Seller agrees to immediately contact the Buyer to discuss terms for the delivery of merchandise.
8.5. In all cases the Seller is released from liability for breaching the term for delivery of merchandise if the merchandise is not delivered to the Buyer or not delivered on time through the fault of the Buyer or due to circumstances within the control of the Buyer.
8.6. As the merchandise is handed over, the Buyer should, together with the Seller or his authorised representative (courier service) check the state of the parcel and the merchandise and sign the transfer-acceptance document. After the Buyer has signed the transfer-acceptance document, it is considered that the parcel has been handed over in a suitable state and that there was no damage to the merchandise that might be ascribed to other than manufacturing defects or discrepancies in the order (that might be determined during the initial examination of merchandise). Having noticed that the packaging of the parcel is damaged (creased, wet, or otherwise damaged on the exterior) or that the merchandise is damaged and/or incomplete, the Buyer agrees to note this on the transfer-acceptance document and, in the presence of the Seller or his representative, prepare a declaration documenting the damages or discrepancies. Should the Buyer fail to do this, the Seller is released from liability to the Buyer for damage to the merchandise if the cause for such damage cannot be ascribed to manufacturing defects or discrepancies in the order or if these discrepancies could have been identified during the external examination of the merchandise.
8.7. Detailed information pertaining to the delivery of merchandise is publicly available on the website of the e-shop.
9. Merchandise Warranty
9.1. Next to the merchandise, descriptions are provided defining the features of the specific item. Product images are for illustrative purposes only.
9.2. The Seller may not be held liable for any distorted images of merchandise that may appear on the computer screen of the Buyer.
9.3. The Seller may extend a warranty limited by time for individual types of merchandise. Specific terms and conditions will be indicated under the descriptions of such merchandise.
9.4. If the description of an item does not contain a reference to warranty terms and conditions, standard warranty terms and conditions provided for in the legal acts of the Republic of Lithuania are valid for the item.
9.5. The right to return merchandise does not apply to second-hand or discounted merchandise sold on the e-shop.
9.6. Merchandise without defects is not subject to replacement by the Seller or return.
10. Return and Replacement of Merchandise
10.1. Merchandise with defects will be replaced or returned in line with the ‘Rules for the Return and Replacement of Merchandise’ approved by Order No 217 of 29 June 2001 of the Minister of Economy.
10.2. A Buyer who wants to return an item in line with the terms and conditions defined in Article 10.1 of the abovementioned legal act and Articles 3.2 and 3.3 of the Rules should complete a merchandise return form available from the Seller. The merchandise return form, together with the accompanying documents stipulated therein, should be submitted to the Seller in line with the established procedure. The Buyer is entitled to use this right within 7 (seven) working days after the delivery of the merchandise by notifying the Seller thereof in accordance with the procedure described in Article 3.2 of the Rules.
10.3. The returned merchandise should:
10.3.1. not bear any signs of physical damage caused by the Buyer;
10.3.2. be unused and marketable;
10.3.3. be complete as received;
10.3.4. be submitted together with the purchasing document (or a copy of that document) and a completed merchandise return form;
10.3.5. be neatly packaged to prevent the physical appearance of the item from being impaired during transportation.
10.4. The Seller retains the right not to accept the returned merchandise if the Buyer failed to observe the procedure established in this Article for returning merchandise.
10.5. The Buyer may return merchandise as follows:
10.5.1. by bringing the goods to ISM University of Management and Economics, Arklių g. 18-101, Vilnius LT-01305, on work days from 9.00 AM to 5 PM.
10.5.2. by directing a courier to deliver the merchandise to ISM University of Management and Economics, Arklių g. 18-101, Vilnius LT-01305. In this case the Buyer agrees to cover the costs of returning the merchandise to the indicated place.
10.6. The Seller agrees to accept defective merchandise or goods that differ from the description and replace them with the same or similar merchandise, or, if such merchandise is not available, refund the money paid.
10.7. The return and replacement of merchandise must be carried out in accordance with the ‘Rules for the Return and Replacement of Merchandise’ approved by Order No 217 of 29 June 2001 of the Minister of Economy and ‘Regulations for sales of merchandise and provision of services when agreements are concluded using a means of communication’ approved by Order No 258 of 17 August 2001 of the Minister of Economy.
10.8. Money for merchandise that is returned is refunded by remittance only and only to the bank account of the payer.
11.1. The Buyer bears the sole responsibility for the accuracy of the personal data submitted by him/her. Should the Buyer fail to submit accurate personal data, the Seller is not liable for the resulting consequences and acquires the right to claim direct damages from the Buyer.
11.2. The Buyer is liable for acts carried out when using this e-shop.
11.3. A registered Buyer is liable for disclosing his/her log-in information to third parties. Should a third party log in to the e-shop, the Seller will identify this person as the Buyer.
11.4. The Seller is released from any liability in cases when losses arise through the fault of the Buyer not observing the recommendations of the Seller and his/her obligations or not familiarising himself/herself with the information expressed in these Rules when offered this opportunity.
11.5. The Seller is not responsible for links provided or information on external sources not belonging to the Seller.
11.6. In case of damages, the guilty party agrees to indemnify the aggrieved party for direct losses only.
12. Marketing Measures of the Seller
12.1. The Seller may initiate promotions and games intended for the customers of the e-shop.
12.2. If the Seller sells a discounted item and the Buyer uses the right to return it, he/she is refunded the amount he/she paid only.
12.3. The Seller has the right to unilaterally terminate promotions or change their terms and conditions without any notice.
12.4. Promotions and discounts are not valid retroactively.
13. Communication Between the Seller and the Buyer
13.1. The Seller has the right to contact the Buyer according to the contact information provided by the latter.
13.2. The Seller will send notifications to the e-mail address given by the Buyer.
13.3. The Buyer has the right to contact the Seller according to the contact information provided on the e-shop.
14. Final Provisions
14.1. Any disagreements arising with regard to the observance of these Rules should first be addressed by negotiations. In case of failure to reach a settlement, a dispute must be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.