General Purchasing Terms and Conditions

1. KEY CONCEPTS

1.1. Electronic store shall mean this electronic store located at www.topcolor.lt.

1.2. Terms and Conditions shall mean these rules for using the Online Store.

1.3. Seller shall mean Topcolor prekyba UAB, registered office address Universiteto g. 2-1, Vilnius, legal entity code 305674162, VAT payer code LT100013668011.

1.4. Buyer shall mean any person who purchases goods in the Online Store or uses other services provided by the Online Store.

2. ORDERING GOODS

2.1.When placing an order for goods in the Online Store, the Buyer must provide the following data: e-mail address, telephone number, address to which the goods will be delivered.

2.2. Together with the Buyer's order for goods, these Terms and Conditions become an agreement between the Buyer and the Seller and are a binding legal document for both parties. The agreement is considered concluded when the Buyer forms and submits an order for goods in the Online Store and the Seller sends a confirmation to the Buyer's email address that the Buyer's order has been accepted.

2.3. The Seller reserves the right to unilaterally terminate the purchase agreement and/or not to perform the Purchase Agreement and refund the money paid by the Buyer in accordance with the procedure set out in these Terms and Conditions and/or postpone the performance of the Purchase Agreement until the circumstances complicating its performance disappear, if due to technical errors (obstacles) and/or actions of third parties, the Seller is unable to perform the Purchase Agreement by reasonable means available to him.

3. PAYMENT PROCEDURE

3.1. The prices of goods in the Online Store and in the formed order are indicated in Euros including VAT. The price of the goods valid at the time of the order applies to the goods.

3.2. Prices of goods in the Online Store may differ from prices of goods in the TOPCOLOR Store.

3.3. The Buyer shall pay for the goods in one of the following ways:

3.3.1. By bank card;

3.3.2. Via Internet banking system;

3.3.3. By bank transfer;

3.4. If the Buyer chooses payment by bank transfer, the Seller begins to fulfil the order for the goods after the Buyer pays for the goods and their delivery and the money is transferred to the Seller's bank account.

3.5. The Online Store issues a VAT invoice and provides it to the Buyer together with the goods, or sends it to the e-mail address specified by the Buyer.

4. DELIVERY AND COLLECTION OF GOODS

4.1. The buyer can choose one of the following delivery methods:

4.1.1. By courier to the address specified by the Buyer;

4.1.2. Collection at the selected Seller's store.

4.2. In cases where the Purchase Agreement provides for the transportation of goods, i.e. the Buyer chooses delivery of goods by courier, delivery to the selected Lithuanian post office or delivery to the terminal selected by the Buyer, and the Seller sends the goods to the Buyer, the risk of accidental loss or damage of the goods passes to the Buyer when he or a person specified by him, other than the carrier, accepts the goods. If the goods are transferred to the carrier selected by the Buyer, and the Seller did not offer such delivery, the risk provided for in this section passes to the Buyer when the goods are transferred to the carrier. When collecting the goods at the Seller's store, the risk of accidental loss or damage of the goods passes to the Buyer when he or a person specified by him accepts the goods at the Seller's store.

4.3. Delivery terms of goods:

4.3.1. When ordering delivery of goods by courier to the address specified by the Buyer in Kaunas or Vilnius, the goods are delivered to the Buyer within 2 (two) business days after receipt of payment for the goods to the Seller's account, if the Buyer has chosen prepayment.

4.3.2. If you choose to pick up your order in-store, the goods will be selected within 1 (one) business day from the moment of concluding the Purchase Agreement. If the selection of the goods is expected to take more than 1 day, the Seller shall inform the Buyer thereof.

4.4. Delivery of goods during quarantine is carried out in Kaunas and Vilnius.

4.5. If the goods ordered are not collected by the Buyer, the Buyer must specify in the order the name of the person collecting the goods, and the person collecting the goods must present a valid identity document.

4.6. If the Buyer chooses to have the goods delivered by courier, the Buyer undertakes to specify the exact delivery address in the Buyer's online purchase account and to collect the goods at the delivery time agreed with the courier. The Buyer shall ensure that the Buyer or another person entrusted by the Buyer with the order number picks up the goods at the delivery address provided at the time of order at the time agreed with the courier.

4.7. The Seller shall not be liable for delays in the delivery of goods caused by third parties delivering parcels.

4.8. Goods that are transferred to the Buyer in the store are collected during the store's working hours, which are indicated on the "Contacts" page of the Online Store. The Buyer is informed by e-mail about the goods ready for collection. The goods must be collected from the store no later than 3 (three) days from the receipt of the e-mail. If the Buyer does not collect the goods within the period specified in this clause of the Terms and Conditions, the Seller shall cancel the order for the goods without prior notice and terminate the Purchase Agreement and shall return the price of the goods paid by the Buyer within 14 (fourteen) days in accordance with the procedure specified in these Terms and Conditions.

4.9. If the delivery of the goods is impossible due to the fault of the Buyer, the Seller may terminate the Purchase Agreement without prior notice. In such a case, the Seller shall refund the amount paid for the goods to the Buyer within 14 days, deducting from that amount the costs of delivery of the goods incurred by the Seller.

4.10. If the Seller fails to fulfil any of its obligations provided for in these Terms and Conditions, the Buyer acquires the right to unilaterally terminate the Purchase Agreement of goods and demand compensation for losses incurred due to the Seller's improper fulfilment of contractual obligations.

4.11. The fee for the delivery service is specified on the "Purchase and Delivery Policy" page of the Online Store and is valid at the time of placing the order for goods.

4.12. If you order more than one Product, they may be delivered at different times. No additional delivery fee will be charged for this.

4.13. The Buyer must check the condition of the shipment. If damage to the package is detected, the Buyer has the right not to accept the shipment.

4.14. If the Buyer does not submit any claims to the Seller within 14 (fourteen) days from the moment of delivery of the Goods, it is considered that the packaging of the Goods is appropriate, and the quantity and quality of the Goods comply with the terms and conditions of the Agreement.

4.15. If the Buyer's shopping cart contains at least one item, the desired quantity of which the Seller cannot deliver to the Buyer within the terms specified in these Terms and Conditions, the Seller shall immediately inform the Buyer of this by e-mail address or telephone number specified in his electronic shopping account and shall indicate the possible delivery date of the goods. If the Buyer disagrees with the changed delivery date, he/she may cancel the order. In such case, the Seller shall, within 14 (fourteen) days from the date of cancellation of the order, return to the Buyer the amount paid under the previous order to the payer's bank account specified by the Buyer at the time of placing the relevant order, from which payment for the order was made.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. These Terms and Conditions establish the general terms and conditions for using the Online Store. They apply when the Buyer selects, orders and purchases in the Online Store and otherwise uses the services provided by the Online Store.

5.2. The Buyer is not given the opportunity to place an order for goods in the Online Store if he/she is not familiar with the Terms and Conditions and/or does not agree with them. When the Buyer orders goods in the Online Store, the Buyer shall be deemed to have read and unconditionally accepted the Terms and Conditions.

5.3. The Seller assumes no risk or liability and is unconditionally relieved of any such liability if the Buyer has not read the Terms and Conditions when given the opportunity to do so.

5.4. The Seller reserves the right to unilaterally change these Terms and Conditions. The Buyer shall be bound by the Terms and Conditions in force at the time of placing an order when shopping in the Online Store and is therefore advised to familiarise themselves with the Terms and Conditions at the time of each purchase.

5.5. The Seller confirms that he/she is responsible for the sale of the goods ordered in the Online Store and for the proper delivery of the purchased goods, the quality of the goods, the proper fulfilment of the return conditions and the exercise of the Seller's other rights and obligations under the law.

5.6. If the Buyer breaches his/her obligations set out in these Terms and Conditions, the Seller has the right to restrict or terminate the Buyer's access to the Online Store without prior notice.

5.7. The Seller reserves the right to restrict purchases that have the characteristics of a wholesale purchase, i.e. the Seller shall have the right to refuse to accept and/or execute the Buyer's order(s) where the Buyer orders unusually large quantities of Goods at retail (whether the Goods are ordered in a single order or in several orders placed within a relatively short period of time), and/or where the Buyer's order(s) has other characteristics of a wholesale purchase.

5.8. The Seller has the right to temporarily or completely terminate the operations of the Online Store without prior notice to the Buyer.

6. EXCHANGE AND RETURN OF GOODS

6.1. The characteristics of all goods sold in the Online Store are indicated in the product description for each product.

6.2. The photos of the goods presented in the Online Store may not correspond to the actual appearance, color, configuration or shape of the goods and their packaging. The information in the product description is of a general nature, therefore it may not coincide with the information on the product packaging.

6.3. The Seller is not responsible for the fact that the color, shape or other parameters of the goods in the Online Store may not correspond to the actual size, shape and color of the goods due to the characteristics of the display used by the Buyer or other technical reasons, as well as taking into account reasonably possible discrepancies in appearance. If the discrepancy in the color, size or shape of the goods is due to the actions of the Seller or third parties related to it, then the Seller is responsible for possible discrepancies in the appearance of the goods.

6.4. In the event that the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided for in the relevant legal acts shall apply.

6.5. In cases where, based on legal acts, a certain shelf life is established for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a real opportunity to use such goods until the end of the shelf life.

6.6. The Buyer has the right to return the goods ordered or purchased in the Online Store to the Seller by withdrawing from the concluded Purchase Agreement. The procedure for returning goods is described in the section Product Return Policy.

6.7. If the Buyer withdraws from the Purchase Agreement and returns the goods that meet the quality requirements, the costs of returning the goods (shipping to the Seller) shall be paid by the Buyer.

6.8. The Buyer loses the right to withdraw from the Purchase Agreement and to return the quality goods to the Seller in the following cases:

6.8.1. if the specified return deadline has passed.

6.8.2. if the product has been used, damaged, has lost its commercial appearance, its packaging has been damaged, or the product has not been returned in its entirety.

6.9. If the Buyer returns a product that does not meet the quality requirements, the costs of returning the product (shipping it to the Seller) shall be paid by the Seller.

6.10. The defects of the goods sold shall be eliminated, defective goods shall be replaced and returned in accordance with the requirements of the legislation of the Republic of Lithuania.

6.11. In cases of return of goods specified in the Terms and Conditions, the money paid to the Buyer shall be returned within 5 (five) business days from the date of receipt of the withdrawal from the Purchase Agreement and the return of the goods, by transferring the money to the Buyer's (payer's) bank account.

6.13. The Seller is not obliged to reimburse the Buyer for additional costs incurred due to the Buyer explicitly choosing a delivery method other than the usual one offered by the Seller.

6.14. If a price difference arises as a result of the exchange of goods, the Buyer is obliged to settle with the Seller at the revised prices.

7. FINAL PROVISIONS

7.1. The Seller shall send all notifications, requirements, requests and other information to the Buyer at the email address specified in the order form.

7.2. The Seller is not responsible for any and all disruptions in the networks of Internet communication and email service providers, due to which the Buyer does not receive informational or confirming emails from the Seller.

7.3. The Buyer shall send all notifications, requirements, requests and questions by e-mail to dazai@topcolor.lt.

7.4. These Terms and Conditions have been drawn up in accordance with the legal acts of the Republic of Lithuania.

7.5. The law of the Republic of Lithuania shall apply to relations arising under these Terms and Conditions.

7.6. All disagreements arising from the implementation of these Terms and Conditions shall be resolved through negotiations. If an agreement cannot be reached, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

7.7. Buyers understand that by continuing to use the website after updates to the privacy policy have been made, they agree to the changes made.

8. DISPUTE RESOLUTION PROCEDURE

8.1. You can submit a request/complaint regarding a product purchased in our online store to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt , tel. 8 5 262 67 51, fax: 8 5 279 14 66, website www.vvtat.lt) or fill out the request form on the ODR platform http://ec.europa.eu/odr/ .