Public Offer

(for distance selling of goods)

TERMS AND DEFINITIONS

In this offer, unless the context otherwise requires, the terms below have the following meanings and are an integral part hereof:

«Seller»

is UAB "Privati struktūra" (company code 304093880, VAT number LT100009877213, Address: Veiverių g. 9B-41, LT-11346 Vilnius) established in accordance with EU (European Union) regulations and performing entrepreneurial activities for distance selling of goods.

«Buyer»

is any individual who has accepted this offer on the conditions contained below.

«Registered Buyer»

is a Buyer that has provided the Seller with its personal data by registering on the Website, which can be used by the Seller for the execution of Buyer’s Orders.

«Website is»

«Online Store»

is an online store selling sporting goods placed on the Website.

«Goods»

are sale items, that are not withdrawn and not limited in civil transactions and are offered for sale through posting in the relevant section of the Online Store.

«Order»

is a request placed by the Buyer at the Online Store for the purchase and delivery of Goods selected by the Buyer at the Online Store, and submitted to the Seller via the Internet (e-form posted on the Website).

«Courier Service»

is a third-party organization that provides services for the delivery of Goods ordered by the Buyer.


For the purposes of this offer, the terms and definitions in the singular also apply to the terms and definitions in the plural and vice versa.

1. GENERAL PROVISIONS

1.1. This document is a public offer addressed to individuals, and in case of acceptance of the conditions contained below, the individual agrees to pay for the Goods and delivery under the conditions set forth in this offer. Payment of the Goods by the Buyer is a Seller's acceptance of the offer, which is equivalent to the conclusion of the Agreement of sale and purchase of the Goods under the conditions set out in this offer and on the Website.

1.2. The Seller and the Buyer warrant that they have legal capacity required, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement of retail sale and purchase of Goods.

1.3. When ordering Goods at the Online Store, the Buyer unconditionally accepts the conditions of this offer, as well as the conditions referred to on the Website. Order of Goods placed by the Buyer on the Website is a confirmation of the transaction (Agreement) on the retail sale and purchase of Goods closed between the Seller and the Buyer.

1.4. The Seller reserves the right to change this offer, for which reason the Buyer undertakes to monitor changes in the offer published on the Website. The Seller shall place a notification of changes to this offer no later than 7 (seven) business days prior to the date of their entry into force.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to sell and the Buyer undertakes to receive and pay for Goods on the conditions of this Agreement.

Ownership of Goods shall be transferred to the Buyer at the time of receipt of the Goods by the Buyer and payment by the latter of the full price of the Goods received. The risk of accidental loss or damage to Goods shall be transferred to the Buyer from the time of receipt of the Goods by the Buyer.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Seller undertakes:

3.1.1. Since the conclusion of this Agreement, to meet its obligations to the Buyer on the conditions set out in this offer. The Seller reserves the right to refuse to perform its obligations in case of force majeure in accordance with para. 10 of this offer.

3.1.2. To handle and keep the personal data of the Buyer submitted to the Seller, and ensure its confidentiality in accordance with the applicable European Union legislation.

3.1.3. By accepting this offer, the Buyer confirms its consent and authorizes UAB "Privati struktūra" (hereinafter in this paragraph "Operator") to handle its personal data, including:

  • full name;
  • shipping address, phone number of the Buyer;
  • e-mail address.

In this offer, handling of personal data means:

  • collection of the above data,
  • their classification,
  • accumulation,
  • storage,
  • clarification (update, change),
  • use, distribution (including cross-border transfer),
  • depersonalization,
  • locking,
  • destruction.

3.1.3.1. The Operator has the right to transfer the personal data of the Buyer to Operator’s contractors (Courier Services) to deliver the Goods ordered to the Buyer.

3.1.3.2. The Buyer agrees and authorizes the Operator and its contractors to handle personal data of the Buyer using automated database management systems and other software or hardware.

Operation of such systems must be carried out according to the above algorithm (collection, classification, accumulation, storage, clarification, use, locking, destruction).

3.1.3.3. The Operator has the right to determine methods of processing personal data of the Buyer (including, but not limited to): automatic verification of postal codes to the code/index base, automatic check of spelling of street\settlement names, database segmentation based on specific criteria, etc. Clarification of Buyer’s personal data is carried out by telephone or by means of communication via the Internet (e-mail).

3.1.3.4. The Buyer agrees that its personal data obtained by the Operator may be transferred to third parties for the purposes set forth in this offer or to perform Seller's obligations under the transaction closed with the Buyer in respect of the Goods.

The Buyer shall also provide the Operator and third parties with the right to process and use its personal data for the purpose of studies aimed at improving the quality of services and Goods, including marketing programs and research, statistical research and X3M Boardshop brand promotion on the market.

The Buyer acknowledges and agrees that the Seller or its authorized representatives shall be entitled to communicate with the Buyer through direct contacts with the Buyer by various means of communication, including, but not limited to: direct mail, e-mail, telephone, Internet, etc.,. provided that such third parties comply with the current European Union legislation on personal data protection.

When transferring Buyer’s personal data to third parties, the Operator warns the persons receiving the personal data of the Buyer that the data are confidential and may be used only for the purposes for which they are communicated, and requires these third parties to comply with this condition.

3.1.3.5. The Buyer has the right to request the Operator to provide complete information on its personal data, their processing and use.

The Operator shall ensure the confidentiality of personal data provided by the Buyer, protection from unauthorized access, copying, distribution. At any time, the Buyer shall have the right to request a list of its personal data and/or to demand to change, destroy its personal data by sending an e-mail indicating its full name and delivery address.

3.1.3.6. The Seller undertakes to prevent unauthorized access to personal data of the Buyer provided to the Seller; to detect and prevent such access attempts timely.

3.2. The Seller shall be entitled:

3.2.1. To modify the conditions of this offer; the price of the Goods specified at the Online Store; the terms of payment of the Goods; methods and terms of delivery of the Goods; as well as other conditions set forth in this offer or at the Online Store.

3.2.2. Without the consent of the Buyer, to transfer its rights and obligations under the transaction (Agreement) closed with the Buyer to third parties.

3.3. The Buyer undertakes:

3.3.1. Prior to placing the Order on the Website, to read and understand the content and conditions set forth in this offer, as well as other terms and conditions specified on the Website, including the prices of the Goods set by the Online Store.

3.3.2. Pursuant to Seller’s obligations to the Buyer, the latter shall provide its personal data necessary for the identification of the Buyer and sufficient for the transaction with the Seller and the delivery of the Goods ordered by the Buyer.

3.3.3. To pay for the Goods ordered and its delivery on the conditions of this offer.

3.3.4. To comply with the conditions set out in this offer, as well as other terms and conditions specified on the Website.

4. ONLINE STORE REGISTRATION

4.1. Order at the Online Store may be placed by registered and unregistered Buyers. Buyer’s registration provides additional benefits, such as access to “My Account”.

4.2. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer when registering.

4.3. Registered Buyer is identified by the login (username) provided by the Buyer when registering on the Website. Buyer’s identification prevents unauthorized actions of third parties on behalf of the Buyer and opens to the latter an access to additional services of the Online Store. Transfer of Buyer’s login and password to third parties is not allowed.

5. ORDERING AND TIMING

5.1. Buyer's Order may be executed by filling out the electronic Order form on the Website.

5.1.1. By ordering through the online form on the Website, the Buyer confirms that he/she is familiar with the rules of the sale of Goods at the Online Store specified on the Website and in this offer, and agrees to provide the Seller with all information necessary for the proper execution and performance of the Order.

5.1.2. When ordering on the Website, the Buyer fills in the electronic Order form and sends the generated Order to the Seller by confirming the Order in the electronic form.

5.2. If the required amount and range of the Goods ordered by the Buyer is out of stock, the Seller shall inform the Buyer by sending an e-mail to the address specified by the Buyer, within 2 (two) hours after receiving the Order from the Buyer. The Buyer has the right to agree to accept the Goods in a different amount or range, or cancel its Order. If the Buyer does not reply within 3 (three) calendar days of notification, the Seller is entitled to cancel the Order of the Buyer in full.

5.3. The Buyer has the right to change the the contents of the Order prior to transferring to a Courier Service by sending an e-mail to the address specified on the Website.

5.4. In the event of any issues related to the properties and characteristics of the Goods, before placing an Order the Buyer should contact the Seller via e-mail indicated on the Website or an online consultant to obtain the necessary information.

6. DELIVERY OF GOODS

6.1. The Seller will make every effort to comply with the terms of Goods delivery set out in this offer and/or on the Website. However, delays in the delivery of Goods may be possible due to unforeseen circumstances that occur through no fault of the Seller.

6.2. The Buyer has the right to cancel the Order at any time. If the Buyer cancels the Order after having paid the delivery fee, such costs of the Buyer will not be reimbursed by the Seller.

If the Goods have not been transferred to the Buyer through the fault of the latter, re-delivery can be made, subject to agreement by the Seller and the Buyer on new delivery terms and subject to payment by the Buyer of the secondary delivery cost.

6.3. Goods are delivered by Courier Service.

6.3.1. Worldwide delivery of Goods is performed by the EMS courier service. Delivery time depends on Buyer’s location and is about 3 to 21 days (this period may be extended due to the remoteness of the delivery region).

6.4. Delivery costs:

6.4.1. Delivery cost is calculated according to EMS rates, based on the weight of goods ordered.

6.5. In the case of Buyer's failure to accept the Goods ordered:

6.5.1. In the case of Buyer's failure to accept the Goods upon delivery, the cost of which is specified in para. 6.4.1. hereof, the Goods will be returned to the Seller. In this case, the Seller is obliged to return the money for the Goods to the Buyer within 60 calendar days from the date of placing the Order on the Website, provided that the cost of delivery to the Buyer and the cost of return delivery to Seller’s warehouse will be deducted from the order value at the rates set by the Courier Service.

6.5.2. In case of Buyer’s repeated failure to accept the Goods of subsequent Orders, the Seller is entitled to enter Buyer’s details to the unreliable customers base (black list) and to refuse the placement of subsequent Orders by this Buyer at its Online Store.

6.6. For more information about the delivery of Goods see “Delivery Terms” on the Website.

6.7. Upon receipt of the Goods, the Buyer cannot verify the conformity of the Goods delivered with the Order and its completeness. Courier Service performs delivery of orders and acceptance of payment only. The Buyer cannot open the package before payment - the courier will not accept packages opened. In the event of any force majeure, the Buyer shall notify the Seller by sending an e-mail within 7 (seven) calendar days after receiving the Order from the Courier Service. If the Buyer sends an e-mail after the above period, its claims will not be considered.

6.8. Acceptance of Goods is confirmed by the Buyer's signature on the form of the delivery note of the Courier Service.

7. PAYMENT OF THE GOODS

7.1. Prices of Goods are determined by the Seller unilaterally and indicated on the Website in Euros. Prices of Goods may be modified by the Seller unilaterally. The price of the Goods ordered by the Buyer cannot be modified (except for Goods with zero cost and Goods undervalued due to an error on the Website).

7.2. The Buyer can only order the Goods, available in stock at the time of ordering.

7.3. Payment is made by the Buyer online in Euros by credit card or PayPal.

7.5. Delivery is carried out under the terms of full prepayment of the Order and delivery fees by the Buyer (calculated in accordance with para. 6.4.1. hereof) by credit card or PayPal.

Payment by credit card or PayPal is made at the time of placement of the Order on the Website.

7.6. The sale and purchase agreement shall be deemed concluded with the payment of Goods by the Buyer.

7.7. For more information about the payment of Goods see “Payment Terms” on the Website.

8. RETURN OF GOODS

8.1. The Buyer has the right to refuse the Goods of adequate quality at any time before the transfer and after the transfer of such Goods - within 14 (fourteen) calendar days from the date of receipt of the Goods by the Buyer.

8.2. Return of adequate quality Goods is only possible under the following conditions:

  • original market condition (original packaging, factory labels, seals);
  • original consumer properties of the Goods;
  • Тthe Goods have no operation tracks (wear scars);
  • the Goods must be clean and have no markings;
  • availability of documents confirming the purchase of the returned Goods (invoice).

In case of failure to comply with the above conditions, the Seller has the right to refuse acceptance of the Goods returned by the Buyer.

8.3. In case of return of Goods of adequate quality in accordance with paras. 8.1., 8.2. the value of the Goods shall be refunded to the Buyer, except for the cost of delivery to the Buyer. Buyer’s costs of returning of Goods of adequate quality to the Seller shall not be reimbursed by the Seller. Term of funds return shall be 14 (fourteen) calendar days from receipt of the Goods to be returned by the Seller and submission by the Buyer of the relevant written request, subject to Buyer’s compliance with the conditions set out in this offer.

8.4. Return of Goods to the Seller shall be performed by sending of the Goods by the Buyer to the Seller's address indicated on the Website and in the form of a return, using the standard Post service.

8.4.1. The Seller accepts the returned Goods only if these Goods are of adequate quality, in accordance with paras. 8.1. and 8.2. hereof. Otherwise, the Seller is entitled to refuse acceptance of the Goods.

When returning the Goods, the Buyer shall execute and provide the Seller with an Application on Return which was enclosed with the Order (Return Form) or which can be printed from the Website in the Return of Goods. This application (Return Form) must indicate:

a) full name of the Buyer;
b) item name;
c) the dates of conclusion of the agreement (the date of order placement and the date of receipt of the Goods by the Buyer);
d) the amount to be refunded;

8.4.2. In case of return of the Goods of inadequate quality, acceptance of such Goods shall be carried out by the Seller in accordance with the provisions of the current European Union legislation.

8.5. In case of submission of a claim by the Buyer to the Seller in respect of the Goods of inadequate quality, such Goods must be provided clean and dry.

8.6. When returning the Goods of inadequate quality, the Seller shall consider the claim by internal audit of quality of the Goods within 7 (seven) business days of receipt of the Goods. In cases stipulated by the current EU legislation, the Seller shall be entitled to initiate an independent examination of the Goods.

8.7. In case of detection/confirmation of hidden manufacturing defects of Goods, Buyer’s claim shall be satisfied, the value of the Goods shall be refunded and documented expenses incurred by the Buyer for the sending (return) of the Goods to the Seller shall be reimbursed within 10 (ten) business days after receipt of such Goods by the Seller (if there is no dispute between the Seller and the Buyer), or within 10 (ten) business days of receipt of the conclusion of an independent examination of the Goods (in the case of a dispute between the Seller and the Buyer).

8.7.1. An independent examination is carried out within a period not exceeding 20 business days from receipt of Goods by the Seller. If an independent examination reveals hidden manufacturing defects of the Goods, the Seller shall, within 10 (ten) business days of receipt of the conclusion of such examination, pay the Buyer the cost of the Goods (including the cost of delivery to the Buyer, if paid by the Buyer in accordance with subpara. 6.4.1. hereof), as well as documented expenses incurred by the Buyer for the sending (return) of the Goods to the Seller.

8.7.2. In case of partial return of the Goods by the Buyer, the cost of delivery to the Buyer (by the Buyer, in accordance with subpara. 6.4.1. hereof) and expenses incurred for the sending of the Goods to the Seller shall not be refunded by the latter.

8.8. If the independent examination does not reveal any hidden manufacturing defects, the Goods shall be returned to the Buyer at its expense. If, within 45 (forty-five) days after notification of the Buyer on the conclusion of the independent examination, which rejected his/her claim, the Buyer fails to pay Seller’s costs associated with this examination, the Goods shall be considered unclaimed by the Buyer and retained by the Seller. In this case, the money for the Goods will not be refunded to the Buyer.

8.9. Refunds for the Goods returned by the Buyer to the Seller under the terms of this offer shall be made at the written request of the Buyer filled in accordance with para. 8.4.1. hereof.

In case of payment by credit card, money will be refunded to the card used for paying the Order. In case of payment by PayPal, the money will be refunded to the PayPal account used for paying the Order.

8.10. For more information about the return of Goods see Return of Goods on the Website.

9. WARRANTY PERIOD

9.1. The warranty period for the Goods set by the Seller is 14 (fourteen) calendar days and enters into force from the date specified in para. 9.2. hereof. The warranty period does not apply to defects occurred as a result of mechanical damage (scratches, chips, tears, abrasions, etc.), exposure to extreme temperatures, solvents, acids, water; improper use (operation); normal wear and tear; natural disasters.

9.2. The warranty period for Goods starts from the date of acceptance of Goods by the Buyer.

10. FORCE MAJEURE

10.1. Either Party shall be exempt from liability for partial or complete non-performance of its obligations under this Agreement, if such non-performance results from force majeure circumstances. Force Majeure means extraordinary events and circumstances, which could not be foreseen or prevented by reasonable means by the Parties. These extraordinary events and circumstances include, inter alia: strikes, floods, fires, earthquakes and other natural disasters, wars, acts of war, etc.

11. LIABILITY OF THE PARTIES

11.1. The Parties shall be liable for default or improper fulfilment of the conditions of this Agreement (Seller’s offer accepted by the Buyer) in accordance with the EU legislation.

11.2. All text information and graphics posted at the Online Store and on the Website have a legitimate owner. Illegal use of such information and images is punishable in accordance with the current EU legislation.

11.3. The Seller shall not be liable for damages caused to the Buyer due to the improper use of the Goods purchased at the Online Store.

11.4. The Seller shall not be liable for Buyer's losses resulting from:

  • improper filling of the Order, including indication of incorrect personal data;
  • wrongful actions of third parties.

11.5. The Buyer is fully responsible for the accuracy of the information and personal data specified when registering at the Online Store.

12. OTHER TERMS AND CONDITIONS

12.1. All disputes related to default or improper performance of obligations hereunder shall be settled by the Parties amicably.

12.2. If no agreement is reached during negotiations, disputes shall be settled in court in accordance with the current EU legislation.