Terms & Conditions
1.1. These Terms & Conditions of Purchase and Sale of Goods (hereinafter – Terms & conditions) establish the general conditions of use in the UAB PANKERA online store https://pankera.eu (hereinafter - Internet Store). The Terms & conditions apply when the Buyer orders and buys goods offered in the Online Store or in any other way uses the services provided by the Online Store.
2. The online store organizes the sale of goods, carries out and provides related services to the Buyer UAB PANKERA, registered office address: Beržų str. 16, Senamiesčio km. 38410, Panevėžys district, Lithuania, legal entity code 147156637, VAT payer code LT471566314, VMVT list No. of food business operators 45MTSPĮ-24 (hereinafter - Seller).
1.3. The Buyer in these Rules is any person who purchases in the Online Store or uses other services of the Online Store (hereinafter - Buyer). The right to use and buy in the PANKERA store is granted to (a) able-bodied natural persons whose capacity is not restricted by court order, and (b) legal persons acting through authorized representatives.
1.4. The Buyer is not given the opportunity to place an order for goods in the Online Store if he is not familiar with the Rules and / or does not agree with them.
1.5. The Seller reserves the right to change, amend or supplement the Terms & conditions. When the Buyer makes a purchase in the Online Store, the Terms & conditions in force at the time of placing the order apply, therefore the Buyer is recommended to get acquainted with the Terms & conditions during each purchase.
1.6. The Seller has the right to restrict the Buyer's use of the Online Store services without notice or cancel the Buyer's registration if the Buyer uses the PANKERA store in violation of these Terms & conditions, attempts to damage the stability and / or security of the Online Store.
1.7. The Buyer confirms that he is 16 years of age or older.
II. REGISTRATION AND PROCESSING OF PERSONAL DATA
2.1. In order to use the PANKERA store and buy the goods offered in it, the buyer must register in the Online Store system by filling in the registration form or fill in the required data correctly to buy as an unregistered consumer. The following personal data of the Buyer must be provided in the registration form: name, surname, e-mail, address to which the goods will be delivered, telephone number, other data necessary for the delivery of the goods. The authorized representative of the legal person shall submit the name of the legal person together with the authorized person.
2.2. The buyer is responsible for ensuring that the information provided in the registration form is accurate, correct and complete. If the data provided by the Buyer in the registration form changes, he must update them immediately. In no event will the Seller be liable for any damage caused to the Buyer and / or third parties due to the fact that the Buyer has provided incorrect and / or incomplete personal data or has not changed or supplemented the data as a result of such changes.
2.3. The Buyer has the right to change, supplement or cancel his registration at any time without restriction.
2.4. Upon registration, the Buyer creates individual login details (username and password) and undertakes to keep them secret and not to disclose them to any third parties. If the Buyer loses the login data, he must immediately inform the Seller by mail, telephone or e-mail. letter. The Seller cannot and will not be held liable for the damage caused to the Buyer by third parties connecting to the Online Store using the Buyer's login details.
2.5. By registering, the Buyer also grants the Seller the right to collect, store, systematize, use and process for the purposes provided for in these Rules all and any personal data provided by the Customer directly or indirectly when registering and visiting the Online Store and using its services.
2.6. The personal data provided by the Buyer will be processed in accordance with the requirements established by the Law on Legal Protection of Personal Data of the Republic of Lithuania, as well as other legal acts of the Republic of Lithuania regulating the processing and protection of such data. By processing and storing the Buyer's personal data, the Seller will implement organizational and technical measures that will ensure the protection of personal data from accidental or unlawful destruction, alteration, disclosure, as well as from any other unlawful processing.
2.7. The Buyer's personal data will be used to identify the Buyer, determine whether the Buyer and the person to whom the goods are delivered are of legal age (in cases prescribed by the laws of the Republic of Lithuania), sell and deliver goods, issue accounting documents, return overpayments and / or money for returned goods , administering debts, fulfilling other obligations arising from the sales contract and ensuring the Buyer the opportunity to use other services of the Online Store. The Buyer's personal data will be processed for direct marketing purposes only with the Buyer's consent. The Buyer's consent is expressed by filling in the registration form and marking the relevant fields in the form in accordance with the procedure established in these Rules.
2.8. The personal data provided by the Buyer will be used exclusively by the Seller and its partners, with whom the Seller cooperates in the administration of the Online Store, delivery of goods and (or) other services related to the submission or execution of the Buyer's order. The Seller will not disclose the Buyer's personal data to third parties, except for the Seller's partners mentioned above in this clause or in the cases provided for in the legal acts of the Republic of Lithuania having received an obligation to do so.
2.9. The Seller may use for statistical purposes data not directly related to the Buyer's person, i. y. data on purchased goods. Such statistics will be collected and processed in a way that does not allow the disclosure of the Buyer's identity or other personal data that could be used to identify the person.
2.10. The Buyer, not wishing to receive notifications from the Seller and / or its partners and / or other offers addressed to the Buyer, must indicate in the registration form that such notifications and / or offers will not be sent to him. At the Buyer's request, the Seller will not use the Buyer's personal data for marketing purposes and will not send the Buyer any advertising or information messages, except those necessary for the execution of the order submitted by the Buyer.
2.11. The Buyer's personal data will be stored for no longer than required by the established data processing purposes. When personal data become redundant for the purposes of their processing and / or the retention period expires, they will be destroyed.
2.12. The Buyer has the right at any time, upon request to the Seller, to get acquainted with the Buyer's personal data processed by the Seller and how they are processed, to demand correction of incorrect, incomplete, inaccurate personal data, to request suspension, except for storage, laws and the terms of these Rules.
III. PRICES, PAYMENTS AND TERM
3.1. Prices of goods in the Internet shop and in the formed order are shown in Euros with VAT unless otherwise stated.
3.2. The price of the weighed goods in the formed order is calculated preliminary, according to the quantity (weight) of the goods specified by the Buyer. The Seller will make every effort to ensure that the actual weight of the completed product corresponds to the Buyer's order to the maximum, but cannot and does not provide any guarantees as a result. In any case, the Seller ensures that if the actual weight of the goods will be higher than ordered by the Buyer, the Buyer will not have to pay extra. If the price of the goods for the actual weight of the delivered goods is less than what the Buyer has paid (when the Buyer pays for the goods at the time of ordering), the difference between the paid and actual price is paid to the Buyer's bank account. linked to the debit or credit card that was used to pay for the goods (hereinafter - the “Buyer's account”), not later than within 5 (five) business days from the delivery of the goods.
3.3. The buyer pays for the goods in one of the following ways:
3.3.1. Payment using the PAYSERA open communication interface is a publicly available technical interface for communication between account servicing payment service providers, payment initiation service providers, account information service providers, other payment service providers, payers and payees. This is a prepayment using the electronic banking system used by the Buyer.
3.4. The Seller shall issue a VAT invoice and submit it to the Buyer by the e-mail specified in the Buyer's Registration Form within 5 (five) working days after the delivery of the goods.
IV. ASSEMBLY AND DELIVERY OF GOODS
4.1. The sales territory is determined by a unilateral decision of the Seller. The goods are delivered by the Seller or his authorized representative.
4.2. The delivery service is subject to the fee indicated on the Delivery page of the online store and valid at the time of placing the order. The delivery fee can be both fixed and depending on the value of the goods ordered by the Buyer and / or the delivery term.
4.3. The seller has the right to unilaterally set the minimum amount of the shopping cart at its own discretion, i. y. the minimum amount for which the Buyer should select and order goods in the Online Store in order to purchase them.
4.4. If the quantity of goods delivered by the Seller is less than in the Buyer's order and for which the Buyer has paid, the difference between the paid and the actual price shall be paid to the Buyer's account no later than within 5 (five) working days from delivery.
4.5. If the Buyer has paid for the goods at the time of ordering, the Money for the goods paid by the Buyer but not delivered by the Seller shall be paid to the Buyer's account no later than within 5 (five) working days from the delivery of the shipment.
4.6. The goods ordered by the Buyer are delivered to the address registered by the Buyer and / or to Omniva / LPEXpress / other post in the delivery territory and selected by the Buyer. The buyer undertakes to accept the goods himself.
4.7. In case the Buyer or the consignee is not found at the delivery address specified in the Buyer's Online Store system, the Seller has the right to deliver the goods to any other adult at the specified address, and the Buyer has no right to make any claims to the Seller.
4.8. If delivery of the goods is not possible due to the fault of the Buyer or due to circumstances depending on the Buyer (the Buyer provided an incorrect address when registering in the Online Store system, the Buyer or recipient is not found, the person receiving the goods is a minor to require it in accordance with the applicable legislation or these Rules, the goods are not re-sent (unless the Buyer pays extra for re-delivery of the goods), and the money paid for the goods in advance is refunded after deducting the delivery fee. delivery tax discount has been applied, but delivery of goods is not possible due to the fault of the Buyer or due to circumstances depending on the Buyer, the Seller reserves the right to deduct from the amount to be returned to the Buyer the full delivery fee (valid at the time of ordering). tu), regardless of the discounts applied at the time of placing the order. If the Buyer has chosen to pay for the goods at the time of their delivery, the Buyer must cover the delivery costs incurred by the Seller. If the Buyer refuses the order at all, the Seller has the right to demand compensation for the packaging damage fee - 10 EUR.
4.9. The Seller delivers the goods to the Buyer within the time window selected during the formation of his order. The Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery of goods. If the goods ordered by the Buyer include alcoholic beverages, all goods may be delivered to the Buyer no earlier than 8 am. 10 min. and no later than 9 p.m. 50 min. Within the time window selected by the Buyer on the day selected by the Buyer (except for September 1, when alcoholic beverages are not delivered).
4.10. In all cases, the Seller is released from liability for violation of the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the Buyer's control.
4.11. During the delivery of the Goods, the Buyer must, together with the Seller or his authorized representative, check the condition of the consignment, the completeness (range) of the delivered goods. If the Buyer fails to check the condition of the consignment, the completeness of the delivered goods and / or fails to record data on violations of the consignment in accordance with the procedure established in this clause, the consignment shall be deemed delivered and intact. In cases when during the acceptance of the goods the Buyer notices that the consignment does not contain the correct quantity of goods or the delivered goods do not correspond to his ordered goods and this is not indicated in the invoice, consignment note or other delivery-acceptance document, the Buyer must immediately (at the time of delivery) inform about this to the Seller. When the Buyer determines that the delivered goods are of unsatisfactory quality, he does not accept the defective goods and must return them to the courier, and note the fact and reason of return of the goods on the invoice, delivery note or other delivery or acceptance document.
V. GUARANTEE OF GOODS QUALITY AND EXPIRY DATE
5.1. The characteristics of all goods sold in the Online Store are specified in the product description accompanying each item. The manufacturers and / or importers of the goods are responsible for the information on the properties of the goods (its correctness), and the Seller is only responsible for the proper presentation (transmission) of this information to the consumers, unless otherwise provided by law.
5.2. The Seller is not responsible for the fact that the color, form, and other parameters of the goods in the Online Store may not match the actual size, shape, and color of the goods due to the characteristics of the monitor (display) used by the Buyer or other technical reasons, as well as due to reasonable discrepancies in appearance.
5.3. Certain types of goods are covered by a manufacturer's or Seller's item quality guarantee valid for a certain period of time, the specific term and other conditions of which are specified in the descriptions of such goods and in the warranty cards (coupons) accompanying the goods.
5.4. In the event that the Seller does not provide a guarantee of the quality of items for certain types of goods, the guarantee provided by the relevant legal acts shall apply.
5.5. The seller does not provide a guarantee of the quality of the goods, which is required by law to be provided by the manufacturer of the goods. If the Buyer applies to the Seller for a guarantee of the quality of the goods, the latter shall in each specific case refer the Buyer to the person responsible for the guarantee of the quality of the goods and provide other information necessary for the Buyer to properly use the quality guarantee.
5.6. In cases where the legislation sets a certain shelf life for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that he has a real opportunity to use such goods before the end of the shelf life.
VI. WITHDRAWAL OF THE CONTRACT. EXCHANGE AND RETURN OF GOODS
6.1. The Buyer has the right to withdraw from the contract of purchase and sale of goods concluded in the Online Store by contacting the Seller, the contacts indicated,
no later than within 48 hours from the date of delivery of the goods or collection from the post office.
6.2. After submitting the notice of withdrawal from the contract and other information specified by the Seller, the Buyer must, no later than within 48 hours. to return the goods (if it has been delivered) the procedure for exchange and return of goods established in Paragraph 6.7 of these Rules.
6.3. The right provided for in Clause 6.1 of the Terms & Conditions may be exercised only by the Buyer, who is recognized as a consumer in accordance with the provisions of the Law on Consumer Protection of the Republic of Lithuania, i. y. a natural person seeking or concluding contracts for purposes (consumption purposes) not related to his business, trade, craft or profession.
6.4. The Buyer (consumer) may not exercise the right to withdraw from the contract provided for in Clause 6.1 of the Rules when the contract is concluded for:
6.4.1. perishable goods or goods with a short shelf life;
6.4.2. packaged goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;
6.4.3. as well as other provisions of the Civil Code, 2001. June 11 By the Resolution of the Government of the Republic of Lithuania No. 697 in the cases specified in the approved “Retail Trade Rules” and other legal acts.
6.5. The goods are exchanged or returned after the Seller has agreed in advance on the time and address of the return of the goods. The Seller's representative arrives to collect the goods or the Goods are sent to the Seller at Panevėžio r. sav., Senamiesčio km., Beržų str. 16, LT-38410, Lithuania. All related costs shall be borne by the Buyer. For the return of goods, please contact the contacts indicated on the page www.pankera.eu. If the Buyer wishes to return the goods during their delivery, the goods shall be returned to the Seller's representative who delivered them.
6.6. When returning or exchanging the goods purchased in the Online Store, the Seller has the right to require filling in the return or exchange form provided by the Seller.
6.7. Returned or exchanged quality goods must be undamaged, have not lost their commercial appearance (labels have not been removed and damaged, protective films have not been torn off, etc.), must not be used and must not be used. The product must be returned in the original packaging, the same set as received by the Buyer, be sure to provide the product purchase document, warranty card (if issued), instructions for use and other accessories of the product. If the goods are not fully completed, are damaged, untidy or are not properly packaged, the Seller has the right not to accept the goods, not to change them and not to return the money paid by the Buyer for the goods.
6.8. The money paid for the goods accepted by the Buyer but later refused shall be paid to the Buyer's account no later than within 14 (fourteen) days from the date of receipt of the Buyer's notice of withdrawal, unless the Seller and the Buyer agree otherwise.
6.9. When returning or exchanging high-quality goods that correspond to the Buyer's order, the Buyer shall be refunded the delivery fee paid by the Buyer only if all the goods purchased by the Buyer during the same purchase are returned. The delivery fee is refunded together with other amounts paid by the Seller to the Buyer for the returned goods.
6.10. The return policy does not apply to weighed foods
VII. EXCHANGE OF INFORMATION
7.1. The Seller sends all notices and otherwise contacts the e-mail address or telephone number provided in the Buyer's registration form.
7.2. The Buyer sends all notices and questions and otherwise contacts the contacts indicated on the www.pankera.eu page.
VIII. FINAL PROVISIONS
8.1. These Terms & conditions have been drawn up in accordance with the legal acts of the Republic of Lithuania.
8.2. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Terms & conditions.
8.3. In the event of damage, the guilty party shall indemnify the other party for direct losses in accordance with the procedure and on the grounds established by the laws of the Republic of Lithuania.
8.4. All disagreements arising from the implementation of these Terms & conditions shall be resolved through negotiations. If no agreement is reached, disputes shall be settled in accordance with the laws of the Republic of Lithuania.