1. Terms
1.1. In the rules for the purchase and sale of goods in the windfactor.shop online store, terms written in capital letters have the following meaning:
1.1.1. “Online Store” means the windfactor.shop online store, where the Seller’s products are sold in accordance with these Rules.
1.1.2. “Seller” means JSC VENDORAS, legal entity code 303331994, registered address Vilnius, Kareiviu str. 11, LT-09133, a joint stock company registered in the Register of Legal Entities of the Republic of Lithuania. The contact information of the Seller is provided in the “Contacts” section of the Online Store.
1.1.3. “Account” means the Buyer’s registration as a user of the Online Store for making purchases in the Online Store and optionally participating in the discount programs of the Online Store..
1.1.4. “Buyer” means: 1) an active natural person, a person who has reached the age of majority and whose legal capacity is not limited by a court order; 2) a minor between the ages of 14 and 18 who has the consent of his parents or guardians, except in cases where he is emancipated; 3) a legal entity.
1.1.5. “Agreement” means a distance purchase and sale agreement concluded between the Buyer and the Seller via the Online Store.
1.1.6. “Rules” means the following Rules for the purchase and sale of Goods in the windfactor.shop Online Store, which apply to each purchase by the Buyer in the Online Store and to each purchase and sale agreement concluded between the Buyer and the Seller.
1.1.7.“Order” means an order submitted by the Buyer to the Seller for distribution of Goods in the Online Store.
1.1.8. “Consumer” means a person who is considered a consumer in accordance with the provisions of the Law on the Protection of Consumer Rights of the Republic of Lithuania, i. e. a natural person who, for purposes not related to his business, trade, craft or profession (for consumer purposes), seeks to conclude or concludes an Agreement with the Seller.
1.1.9. “Entrepreneur” means a natural or legal person, other organization or its division, who enters into a Contract with the Seller for the purposes of their trade, business, craft or profession, including persons acting on behalf of the seller. A legal entity may be considered an entrepreneur regardless of the organizational and legal form of its participants. An entrepreneur is not considered a Consumer and is not subject to legislation establishing Consumer Rights.
2. General Provisions
2.1. The terms of these Rules apply to each agreement concluded between the Buyer and the Seller. Before sending the Order, the Buyer must familiarize himself with the Rules and the Privacy Policy (clause 3.1 of the Rules), make sure that their terms are clear and acceptable to him, since confirmation of this is the execution and sending of the Order. The Seller does not assume any risks or liability if the Buyer has not familiarized himself with the Rules and the Privacy Policy before placing the Order, although he was given such an opportunity.
2.2. Clause 3 of these Rules “Processing of personal data”, clause 8 “Right of withdrawal. Return of goods” and clause 9 “Return of defective goods” shall not apply to the Buyer who is not recognised as a Consumer in accordance with the laws of the Republic of Lithuania. In relations between the Buyer, recognised as an entrepreneur in accordance with the laws of the Republic of Lithuania and the Seller, the general provisions of sales contracts established by the Civil Code of the Republic of Lithuania and other legal norms establishing commercial relations between entrepreneurs shall apply. Nothing in these Rules shall grant the Buyer, who is an Entrepreneur, additional rights that, in essence, are granted only to the Buyer, who is a Consumer (unless otherwise expressly stated in these Rules).
2.3. Contracts in the Online Store are concluded electronically in accordance with the provisions of the Civil Code of the Republic of Lithuania regulating distance contracts and the Resolution of the Government of the Republic of Lithuania No. 90 on the approved “Retail Trade Rules”.
2.4. By making purchases in the Online Store and checking the box “I have read and agree to the rules of purchase and privacy policy”, the Buyer confirms that he/she has read these Rules and privacy policy, agrees with them and undertakes to comply with them. After the Buyer approves the Rules, they become an integral part of the Agreement. If the Buyer does not agree with the Rules and privacy policy, it is impossible to continue the Order and order goods in the Online Store, and the Seller does not assume any obligations to the Buyer.
2.5. When providing information or documents to the Buyer by e-mail or other means (call and/or SMS message), the Seller uses the contact information and data provided by the Buyer. The Buyer is responsible for providing the Seller with correct data and contact information. The Buyer accepts responsibility for the consequences of providing incorrect or inaccurate data and contact information.
2.6. The Seller has the right to change the Rules at any time by publishing them on the website of the Online Store. The amendments come into force from the date of publication and apply to all new contracts concluded after publication.
3. Processing of personal data
3.1. The Seller applies to the processing of personal data the requirements established by the Law of the Republic of Lithuania on the Legal Protection of Personal Data and the General Data Protection Regulation of the European Union.
3.2. The Seller processes the Buyer’s personal data in accordance with the privacy policy. Before placing an Order in the Online Store, the Buyer must read the privacy policy and ensure that all provisions of the privacy policy are clear and acceptable to him/her, and confirm this when placing the Order, as specified in paragraph 2.4 of these Rules.
4. Conclusion of the contract
4.1. A mandatory condition for concluding an Agreement between the Buyer and the Seller is confirmation of the Order by the Seller. Having selected the product to be purchased and formed the shopping cart, the Buyer must read and agree to the specified Rules, provide their contact information and the address for delivery of the product, and select the method of payment for the product. After receiving the Order, the Seller informs the Buyer of the receipt of the Order and the number assigned to the Order by e-mail or by other means (by phone and/or SMS message) specified by the Buyer. Such notification is not yet considered confirmation of the Order. Upon receipt of the Order, the Seller checks whether it will be possible to send the ordered product under the conditions specified in the Order, and only after receiving confirmation from the supplier about the possibility of delivery of the ordered product, the Agreement between the Buyer and the Seller is considered concluded from the moment the Seller confirms the Order. If the Seller does not confirm the Order, the Agreement is considered not concluded. If the Buyer has already paid for the product, the Seller will return the amounts paid within 3 business days from the date of the corresponding notification of the Seller.
5. Goods. Item Price
5.1. The images in the Online Store are for illustrative purposes only. The size, shape, color or other parameters of the goods sold by the Seller may not correspond to the actual size, shape, color or other parameters of the goods due to the characteristics of the Buyer’s display or other technical reasons.
5.2. All products available in the Online Store are available for purchase unless otherwise stated. If, after the Seller has confirmed the Order, it turns out that the Seller cannot sell the Product due to circumstances beyond its control (e.g. because the Product cannot be delivered within the specified time due to its absence from the Seller’s warehouse; errors related to the price indicated in the Online Store at the time of the Order, the market situation changes significantly (e.g. sudden and significant increase in the market price of the product, reduction in supply, etc.), the Buyer is immediately informed by e-mail or in another way (call and/or SMS message) and the execution of the order for such products is terminated, and the concluded contract is considered unilaterally terminated without paying any compensation to the Buyer for such termination of the contract. If the Buyer has already paid for the product, the Seller will return the amounts paid within 3 working days from the date of the relevant notification of the Seller.
5.3. If the Seller is unable to deliver the ordered product to the Buyer due to important circumstances, the Seller may offer him a similar or as similar product as possible, immediately notifying the Buyer by e-mail or other means (by phone and/or SMS message). If the new offered product is more expensive than the previously ordered product when exchanging the product, the Buyer pays the difference. If the offered product is cheaper than the previously ordered product, the Seller returns the difference to the Buyer. If the Buyer does not agree to replace a specific product with a similar or similar product, the Seller undertakes to return the money paid by the Buyer (if an advance payment was made) within 3 working days from the date of the Buyer’s refusal. In this case, the Order is considered canceled, and the Agreement is terminated.
5.4. Prices for goods may change, but such changes will not affect already concluded Agreements. The price of the goods may change after the Seller confirms the order only in exceptional cases, when the price of the goods has changed due to technical errors in information systems, correction of obvious errors and other objective significant reasons beyond the control of the Seller (if proven). If the Seller determines that the price of the goods is incorrect, it must immediately notify the Buyer by e-mail or other means (call and/or SMS message) and provide the opportunity to cancel the Order or re-confirm the Order at a new price. If the Buyer does not re-confirm the Order at the new price set by the Seller, the Seller has the right to cancel the Order and terminate the Agreement. If the Buyer has already paid for the Goods, the Seller will return the amounts paid within 3 business days from the date of notification of the Seller of the new set price.
5.5. If, after confirmation of an Order in which the Buyer has not paid for the Product in full, the Supplier of the Product requests an advance payment of the full price of the Product, the Seller must inform the Buyer by e-mail or other means (call and/or SMS message) and the order shall only begin to be executed after receiving the advance payment made by the Buyer. If the Buyer refuses to make the requested advance payment for the Product, then the execution of the order for such Product shall be automatically terminated, and the concluded Agreement shall be deemed to be terminated unilaterally without any compensation to the Buyer for such termination.
6. Delivery of goods
6.1. Information on the terms of dispatch and delivery of the Goods is of an approximate nature and is not considered a period of dispatch and delivery of the Goods, binding for the Seller or guaranteed for the Buyer.
6.2. When ordering a product, the Buyer can choose one of the methods of delivery of the product to the Buyer specified in the Online Store.
6.3. If the Buyer selects the home delivery service provided by DPD courier at the time of Ordering:
6.3.1. The buyer specifies the exact location of delivery of the goods;
6.3.2. When delivering the goods by courier, the Buyer must provide a valid identity document (passport, driver’s license or identity card). If the goods are picked up by another person, the Buyer indicates the first and last name when placing the Order. If the Buyer does not accept the goods themselves, and the goods are delivered to the specified address by the Buyer, the Seller has the right to transfer the goods to another person at the address specified by the Buyer, and the Buyer has no right to make claims against the Seller;
6.3.3. When the goods are delivered by courier, the Buyer checks whether there is any visible damage or other defects in the parcel, and only then signs the form provided by the courier;
6.3.4. If the goods weigh more than 30 kg, the Buyer is obliged to take care of their transportation from the courier’s vehicle to the Seller’s delivery location or order an additional service for bringing the ordered goods home;
6.3.5. If the Buyer is unable to pick up the goods on the scheduled date and time or at the address specified in the Order, he/she has the opportunity to change the delivery date and time or send the parcel to the DPD Pickup parcel terminal using a special online link. The Buyer also has the opportunity to contact the Online Store Manager, who will perform similar actions at the Buyer’s request.
6.4. If the Buyer chooses to deliver the Goods to an Omniva parcel terminal, LP EXPRESS self-service parcel terminal or DPD Pickup parcel terminal during the order placement process:
6.4.1. Items weighing less than 30 kg can be picked up at an Omniva parcel terminal or LP EXPRESS self-service terminal. Items weighing more than 30 kg cannot be delivered to Omniva parcel terminals or LP EXPRESS parcel terminals. Items weighing less than 31.5 kg can be picked up at a DPD Pickup parcel terminal. Items heavier than 31.5 kg cannot be delivered to DPD parcel terminals;
6.4.2. The parcel must be picked up at the Omniva parcel terminal within 7 calendar days after the courier has informed the Buyer of the possibility of receiving the parcel. The parcel must be picked up at the LP EXPRESS self-service parcel terminal within 3 calendar days after the courier has informed the Buyer of the possibility of receiving the parcel. The parcel must be picked up at the DPD Pickup parcel terminal within 5 calendar days after the courier has informed the Buyer of the possibility of receiving the parcel;
6.4.3. You can pay for goods upon receipt at Omniva and LP EXPRESS parcel terminals with a bank card if the order amount does not exceed 500 euros. It is not possible to pay for goods with a bank card at DPD Pickup parcel terminals upon receipt.
6.5. The title to the goods shall pass to the Buyer from the moment the courier hands over the goods to the Buyer or a person designated by the Buyer. The risk of accidental loss of or damage to the goods shall pass to the Buyer from the moment the goods are handed over to the Buyer or a person designated by the Buyer. If the carrier of the goods has been chosen by the Buyer and the Seller has not offered such delivery, the risk referred to in this paragraph shall pass to the Buyer when the goods are handed over to the carrier chosen by the Buyer.
6.6. When accepting the goods, the Buyer checks the condition, composition, quantity, size and range of packaging of the purchased goods. If the goods were not checked upon receipt, the Seller has the right not to satisfy subsequent claims regarding the goods if the damage to the goods for which the Buyer makes a claim is so obvious that it could easily be noticed during inspection. If a violation of the package of the shipment is established, the Buyer has the right not to accept the parcel and fill out a report submitted by the courier, in which the violations must be indicated.
6.7. If the product packaging was not damaged at the time of acceptance, but after opening it the Buyer notices external damage to the product (for example, a broken, cracked screen or case), or the absence of the product (for example, a charger for a device, etc.), the Buyer (User) has the right to withdraw from the Agreement in the manner and under the conditions established by paragraph 8 of these Rules, or to present the Seller with the claims specified in paragraph 9 of the Rules in accordance with the procedure and time limits established in the relevant part.
7. Payment
7.1. The Buyer has the right to pay for the Goods:
7.1.1. the maximum amount allowed for payment in cash is 5,000 euros (according to the adopted Law on Limitation of Payment in Cash) or by bank card the limit is unlimited;
7.1.2. via Internet banking (for clients of banks and payment systems);
7.1.3. by bank transfer to the Seller’s account specified in the preliminary invoice sent to the Buyer;
7.1.4. cash or credit card upon receipt of goods by courier.
7.2. If the Buyer chooses to pay by bank transfer, the Seller will begin fulfilling the Order after the Buyer has paid for the goods and their delivery and the money has arrived in the Seller’s bank account.
7.3. After placing an unpaid order, you may be asked to make an advance payment as this is required by suppliers.
8. Right to withdraw from the Agreement. Return of goods
8.1. The Buyer (User) has the right to withdraw from the concluded Agreement without giving any reasons within 14 calendar days from the moment specified in paragraph 3 of Article 6.22810 of the Civil Code of the Republic of Lithuania. The Buyer cannot exercise this right by concluding one of the agreements listed in paragraph 2 of Article 6.22810 of the Civil Code of the Republic of Lithuania.
8.2. The Buyer must notify the Seller of the withdrawal from the Agreement by sending a completed free-form application (a sample can be found in the “Return & Refund” section of the Online Store, in the first part “I want to return the goods”), which sets out the Buyer’s decision to withdraw from the Agreement. The completed Buyer’s application must be sent to the following e-mail address: mail@windfactor.shop Together with the application for withdrawal from the Agreement, the Buyer must provide an invoice for the purchase of goods (received by e-mail from the Online Store when ordering).
8.3. The Buyer sends the goods to the agreed address of the Seller. The deadline is not considered missed if the Buyer sends the goods before the expiration of the 14-day period.
8.4. If the Buyer withdraws from the Agreement, the Seller shall refund all amounts paid for the goods, including delivery costs (except for additional costs incurred by the Buyer in the event of choosing a standard delivery method other than the cheapest one offered by the Seller), within 14 calendar days from the date of return of the goods to the Seller. Refunds paid shall be made in the same way as the Buyer paid for the ordered goods, unless otherwise expressly agreed.
8.5. The costs of returning quality goods to the Seller are borne by the Buyer.
8.6. The Buyer is responsible for any decrease in the value of the goods as a result of actions that are not necessary to determine the nature, characteristics and functioning of the goods. The returned goods must be of good quality, without loss of presentation (with intact protective films, authentic labels), unused. Returned goods must be stored safely, returned in the original packaging with all parts of the set. Gifts received together with the Goods must be returned at the same time.
9. Return of defective goods
9.1. Defective goods are replaced and returned in accordance with Articles 6.363 and 6.364 of the Civil Code of the Republic of Lithuania, 2021-02-10 Resolution of the Government of the Republic of Lithuania No. 90 in the cases, procedures and conditions set out in the approved “Retail Trade Rules”.
9.2. The Seller is liable for defects in the goods that become apparent within 2 years from the date of delivery of the goods to the Buyer.
9.3. The Buyer has no right to terminate the Agreement if the defect of the goods is minor.
9.4. The buyer who was sold a defective product has the right to demand from the seller during the warranty period:
9.4.1. for the Seller to eliminate defects in the goods free of charge within a reasonable time, if the defects can be eliminated;
9.4.2. so that the product is replaced with a similar product of suitable quality;
9.4.3. reduce the purchase price accordingly;
9.4.4. return the price paid and withdraw from the purchase and sale agreement.
9.5. The Buyer may choose only one of the remedies provided for in paragraph 9.4 of the Rules. When returning the goods, the Buyer must make his choice. If the Buyer has failed to apply the remedy provided for in paragraph 9.4, the Seller may offer an alternative remedy provided for in paragraph 9.4 of the Rules.
9.6. If a price difference arises during the exchange of goods, the Buyer must pay the Seller in accordance with the recalculated prices of the goods in effect at the time of the exchange of goods.
9.7. The Seller is obliged to promptly reimburse the price paid by the Buyer for the defective goods, but no later than within 14 days from the date of return of the goods. The cost of returning the defective goods is borne by the Seller.
9.8. To return a defective product, the Buyer submits to the Seller a free-form application indicating the reason for the return (lack of product quality) and one of the requirements specified in paragraph 9.4 of the Rules. The application must be accompanied by a document confirming the purchase of the product and a warranty document (if one was issued).
10. Other Provisions
10.1. The rules for the sale and purchase of goods are drawn up in accordance with the legislation of the Republic of Lithuania, and the law of the Republic of Lithuania applies to relations arising on their basis.
10.2. The rules for the sale and purchase of goods do not in any way limit and in no way should limit the rights of the Buyer (User) established by the legislation of the Republic of Lithuania.
10.3. If any provision of these Rules is found by a court to be illegal, invalid or unenforceable, the other provisions of these Rules will remain in full force and effect. Any provision of the Rules that has been found to be illegal, invalid or unenforceable only in part or to a certain extent will remain in full force and effect to the extent that it was not declared illegal, invalid or unenforceable.
10.4. All disputes, disagreements or claims arising from or related to these Rules shall be finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
10.5. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. Claims of buyers shall be considered and responses of the Seller shall be provided within 14 calendar days from the date of receipt of the claim. In the event of the Seller’s refusal to satisfy the claims of the Buyer recognized as the Consumer in accordance with the laws of the Republic of Lithuania, such Buyer may use other means of dispute resolution specified in paragraph 10.6 of the Rules. In the event of the Seller’s refusal to satisfy the claims of the Buyer recognized as an entrepreneur in accordance with the laws of the Republic of Lithuania, all disputes between the Buyer and the Seller shall be resolved in the courts of the Republic of Lithuania.
10.6. The Buyer (User) may submit inquiries or complaints regarding the goods purchased in the Seller’s Online Store to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402 Vilnius, e-mail service@vvtat.lt, phone +370 5 2626760, website www.vvtat.lt (also for territorial divisions of the State Consumer Rights Protection Authority in counties) or fill out a form on the EGS platform https://ec.europa.eu/odr/.