1. Basic concepts
1.1. In these Rules for the Purchase and Sale of Goods in the kalmetal.lt Electronic Store, the concepts written in capital letters have the following meanings:
1.1.1. “Electronic Store” means the electronic store www.kalmetal.lt, where, in accordance with these Rules, the Seller’s goods are sold.
1.1.2. “Seller” means UAB “KALMETAL”, legal entity code 302836068, registered office address Pakruojo g. 20, LT-76126 Šiauliai Seller’s VAT payer code LT100008125019. The Seller’s contact information is provided in the “Contacts” section of the Electronic Store.
1.1.3. “Account” means the Buyer’s account as a user of the Electronic Store, intended for shopping in the Electronic Store.
1.1.4. “Buyer” means: 1) a capable natural person, i.e. a person who has reached the age of majority, whose legal capacity is not restricted by court order; 2) a minor from 14 to 18 years of age 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 remote purchase and sale agreement concluded between the Buyer and the Seller for the goods distributed through the Online Store.
1.1.6. “Rules” means these rules for the purchase and sale of Goods in the online store kalmetal.lt, 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 Goods distributed in the Online Store.
1.1.8. “Consumer” means a person who is considered a consumer under the provisions of the Law on Consumer Rights Protection of the Republic of Lithuania, i.e. a natural person who seeks to conclude or concludes a Contract with the Seller for purposes not related to his business, trade, craft or profession (for consumption purposes).
1.1.9. “Entrepreneur” means a natural person or a legal person or another organization, or a division thereof, seeking to conclude or concludes a Contract with the Seller for the purposes of his trade, business, craft or profession, including persons acting on behalf of or for the benefit of an entrepreneur. A legal person may be considered an entrepreneur regardless of the legal form of its participants. An entrepreneur is not considered a Consumer and is not subject to the legal acts 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 placing an 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 understandable and acceptable to him and confirm this when placing the Order. The Seller does not assume any risk or liability if the Buyer, before placing the Order, did not familiarize himself with the Rules and the Privacy Policy, although he was given such an opportunity.
2.2. Parts No. 3 “Processing of Personal Data”, No. 8 “Right to withdraw from the Agreement. Return of Goods” and No. 9 “Return of Goods of Unsuitable Quality” of these Rules do not apply to the Buyer, who is not recognized as a Consumer according to the legal acts of the Republic of Lithuania. In the relations between the Buyer, who is recognized as an Entrepreneur according to the legal acts of the Republic of Lithuania, and the Seller, the scope of the parts of the Rules not applicable to such Buyer shall be governed by the general provisions of purchase and sale contracts established by the Civil Code of the Republic of Lithuania and other legal norms establishing commercial relations between entrepreneurs. None of the provisions of these Rules shall be construed as granting the Buyer, who is an Entrepreneur, additional rights, which in essence are granted only to the Buyer, who is a Consumer (unless clearly stated otherwise in these Rules).
2.3. Contracts in the Online Store are concluded in electronic form, in accordance with the provisions of the Civil Code of the Republic of Lithuania regulating distance contracts, and the “Retail Trade Rules” approved by Resolution No. 90 of the Government of the Republic of Lithuania of 10 February 2021.
2.4. By making a purchase in the Online Store and checking the box next to the statement “I have read and agree to the purchase rules and privacy policy”, the Buyer confirms that he has read and agrees with 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. In the event that the Buyer does not agree with the Rules and Privacy Policy, the Order cannot be continued and the goods cannot be ordered from the Online Store and the Seller does not assume any obligations towards the Buyer.
2.5. The Seller, when providing information or documents to the Buyer by e-mail or other means (by call and/or SMS message), uses the contact information and data provided by the Seller. The Buyer is responsible for providing the Seller with correct data and contact information. The Buyer assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the provided 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 changes shall enter into force from the moment of publication and shall apply to all newly concluded Agreements after publication.
3. Processing of personal data
3.1. The Seller applies the requirements set out in the Law of the Republic of Lithuania on the Legal Protection of Personal Data and the General Data Protection Regulation of the European Union to the processing of personal data.
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 familiarize himself with the privacy policy and make sure that all the provisions of the privacy policy are understandable and acceptable to him and confirm this at the time of placing the Order as specified in paragraph 2.4 of the Rules.
4. Conclusion of the Agreement
4.1. The essential condition for the conclusion of the Agreement between the Buyer and the Seller is the Seller’s confirmation of the Order. The Buyer, having selected the purchased product in the Online Store, familiarizes himself with and agrees with these Rules, forms a shopping cart and indicates his data, contact details and the delivery address of the product, as well as the method of payment for the product. Upon receipt of the Order, the Seller informs the Buyer by e-mail or other means specified by the Buyer (by call and/or SMS message) about the receipt of the Order and the number assigned to the Order. Such a notification is not yet considered confirmation of the Order. Upon receipt of the Order, the Seller checks whether it will be possible to deliver the ordered product under the conditions specified in the Order and only after receiving confirmation from the supplier that the ordered product can be delivered, sends the Buyer (by e-mail or other means specified by the Buyer (by call and/or SMS message)) a message with the Order confirmation. 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. In the event that the Buyer has already paid for the goods, the Seller will refund the amounts paid within 3 business days from the date of the relevant notification by the Seller.
5. Goods. Price of Goods
5.1. The images of goods presented 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 goods presented in the Online Store are available for purchase, unless expressly stated otherwise. In the event that, after the Seller confirms the Order, it becomes clear that the Seller is unable to sell the Product due to circumstances beyond its control (e.g., because the product cannot be delivered within the specified time frame due to its absence in the Seller’s warehouse; the product is no longer sold by the supplier or other supply disruptions occur; due to an error related to the price provided in the Online Store during the Order, the market situation changes substantially (e.g., the market price of the product increases suddenly and significantly, supply decreases, etc.)), the Buyer is immediately informed of this by e-mail or other means (by call and/or SMS message) and the execution of the order for such product is terminated, and the concluded Agreement is considered unilaterally terminated without paying any compensation to the Buyer for such termination of the Agreement. In the event that the Buyer has already paid for the product, the Seller will refund the amounts paid within 3 business days from the date of the relevant Seller’s notification.
5.3. In the event that the Seller is unable to deliver the ordered goods to the Buyer due to important circumstances, the Seller may offer him an analogous or as similar as possible product, immediately informing the Buyer about this by e-mail or other means (by call and/or SMS). If, when exchanging goods, the newly offered product is more expensive than the previously ordered one, the resulting difference shall be paid by the Buyer. If the newly offered product is cheaper than the previously ordered one, the Seller shall return the resulting difference to the Buyer. If the Buyer does not agree that a specific product is replaced with a similar or analogous product, the Seller undertakes to return the money paid by the Buyer (if an advance payment was made) to the Buyer within 3 business days from the date of the Buyer’s refusal, and in such case, the Order shall be considered canceled and the Agreement terminated.
5.4. The prices of the goods may change, but such changes shall not affect the Agreements already concluded. The price of the Goods after the Seller has confirmed the order may change only in exceptional cases, when the price of the Goods has changed due to a technical error in the information systems, correction of obvious (mistake-like) errors or other objective fundamental reasons beyond the Seller’s control (if there is evidence substantiating these reasons). If the Seller determines that the price of the Goods is incorrect, he shall immediately inform the Buyer thereof by e-mail or other means (by call and/or SMS message) and provide the Buyer with the opportunity to cancel the Order or reconfirm the Order at the new price set by the Seller. If the Buyer fails to reconfirm the Order at the new price set by the Seller, the Seller shall have the right to cancel the Order and terminate the Agreement. In the event that the Buyer has already paid for the Goods, the Seller shall refund the amounts paid within 3 business days from the date of the Seller’s notification of the new price.
5.5. In the event that, after confirming the Order, where the Buyer has not paid for the Product in full, the Supplier of the Product requests advance payment of the full price of the Product, the Seller shall immediately inform the Buyer thereof by e-mail or other means (by call and/or SMS message) and the order for such Product shall be executed only after the advance payment made by the Buyer is received. 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 have been unilaterally terminated without paying any compensation to the Buyer for such termination of the Agreement.
6. Delivery of Goods
6.1. Information on the terms of shipment and delivery of goods is indicative and is not considered binding on the Seller or guaranteed to the Buyer as the terms of shipment and delivery of the Goods.
6.2. When ordering goods, the Buyer may choose one of the methods of delivery of goods to the Buyer specified in the Online Store.
6.3. If the Buyer chooses the home delivery service provided by DPD couriers during the Order:
6.3.1. The Buyer indicates the exact place of delivery of the goods;
6.3.2. After the courier delivers the goods, the Buyer provides a valid personal identification document (passport, driver’s license or personal identity card). If another person will collect the goods, the Buyer indicates their name and surname during the Order. If the Buyer does not accept the goods himself, although the goods are delivered to the address specified 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 does not have the right to make claims to the Seller regarding the delivery of the goods to an inappropriate person;
6.3.3. After the courier delivers the goods, the Buyer checks whether the shipment has any visible damage or other defects, and only then signs the form provided by the courier;
6.3.4. In the event that the goods weigh more than 30 kg, the Buyer himself takes care of carrying them from the courier’s car to the Seller’s delivery location or orders an additional service for bringing the ordered goods to/from the home;
6.3.5. The home delivery service fee does not include bringing the ordered goods to/from the building – this service can be ordered additionally by the Buyer. This additional service can be ordered by residents of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Telšiai and Utena. The service is provided until 15:00 for goods up to 80 kg;
6.3.6. The maximum amount for cash payment is up to 999.99 EUR;
6.3.7. In the event that the Buyer cannot collect the goods on the scheduled day and time or at the address specified in the Order, he has the opportunity to change the delivery date and time or direct the shipment to the “DPD Pickup” parcel machine using the special online link provided in the SMS message. The Buyer also has the opportunity to contact the customer service managers of the Online Store, who, at the request of the Buyer, will perform similar actions.
6.4. If the Buyer selects delivery of the Goods to an Omniva parcel machine, LP EXPRESS parcel self-service terminal or DPD Pickup parcel machine when placing the Order:
6.4.1. Goods weighing less than 30 kg can be picked up at Omniva parcel machines or LP EXPRESS parcel self-service terminals. Goods heavier than 30 kg are not delivered to Omniva parcel machines and LP EXPRESS parcel self-service terminals. Goods weighing less than 31.5 kg can be picked up at DPD Pickup parcel machines. Goods heavier than 31.5 kg. are not delivered to DPD parcel machines;
6.4.2. The parcel must be picked up from an Omniva parcel machine within 7 calendar days after the courier has informed the Buyer that the goods can be picked up. The parcel must be picked up from an LP EXPRESS parcel self-service terminal within 3 calendar days after the courier has informed the Buyer that the goods can be picked up. The parcel must be collected from the DPD Pickup parcel machine within 5 calendar days after the courier informed the Buyer that the goods can be collected;
6.4.3. At Omniva parcel machines or LP EXPRESS parcel self-service terminals, it is possible to pay for the goods by bank card at the time of collection up to an amount of 500 euros. At DPD Pickup parcel machines, it is not possible to pay for the goods by bank card at the time of collection.
6.5. The ownership right to the goods passes to the Buyer from the moment the courier transfers the goods to the Buyer or the person indicated by him. The risk of accidental loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer or the person indicated by him. If the carrier of the goods was chosen by the Buyer himself, and the Seller did not offer such a delivery option, the risk specified in this section passes to the Buyer when the goods are transferred to the carrier chosen by the Buyer.
6.6. At the moment of receiving the goods, the Buyer checks the condition of the packaging of the purchased goods, its contents, quantity, size, assortment of goods). If the goods are not checked at the time of collection, the Seller has the right not to satisfy subsequent claims regarding the goods, if the damage to the goods, for which the Seller makes a claim, is so obvious that it could have been easily noticed when checking the goods at the time of acceptance. If damage to the package of the shipment is detected, the Buyer has the right not to accept the shipment and fill out the act provided by the courier, indicating the found damages.
6.7. In the event that the packaging of the goods was intact upon receipt of the goods, but upon opening it, the Buyer notices external damage to the goods (for example, a broken, cracked screen or housing), or parts specified in the package are missing (for example, chopper blades, etc.), the Buyer (Consumer) has the right to withdraw from the Agreement in accordance with the procedure and terms set forth in Part 8 of these Rules or to submit to the Seller the requirements specified in Part 9 of the Rules in accordance with the procedure and terms set forth in the relevant part of the Rules.
7. Payment
7.1. The Buyer may pay for the Goods:
7.1.1. online banking system (for clients of SEB, Swedbank and Luminor banks);
7.1.2. by using leasing services;
7.1.3. by credit card issued by Lithuanian banks online;
7.1.4. by bank transfer to the Seller’s account indicated in the advance VAT invoice sent to the Buyer;
7.1.5. in cash or by credit card upon receipt of the goods.
7.2. In the event that the Buyer chooses payment by bank transfer, the Seller begins to fulfill the Order after the Buyer pays for the goods and their delivery and the money is received in the Seller’s bank account.
8. Right to withdraw from the Agreement. Return of Goods
8.1. The Buyer (Consumer), without giving any reason, has the right to withdraw from the concluded Agreement within 14 calendar days, this period being calculated from the moment specified in Article 6.22810, Part 3 of the Civil Code of the Republic of Lithuania. The Buyer cannot exercise this right after concluding one of the agreements listed in Article 6.22810, Part 2 of the Civil Code of the Republic of Lithuania.
8.2. The Buyer shall notify the Seller of the withdrawal from the Agreement by submitting a properly completed sample withdrawal form (it can be found in the content of the Online Store in the “Return of the Product” section, the first part, entitled “I want to return the product”) or by submitting a clear and unambiguous statement setting out the Buyer’s decision to withdraw from the Agreement. A properly and fully completed and signed sample withdrawal form or the Buyer’s statement must be sent by post to the following address: UK Povilas Balsys Masiuliškių g. 22, Sutkūnai, LT-76116, Šiaulių r. sav. , or sent by e-mail to the following e-mail address: info.kalmetal@gmail.com. Together with the statement of withdrawal from the Agreement, the Buyer must submit a VAT invoice for the purchase of the goods.
8.3. The Buyer shall immediately, and within 14 calendar days, send the goods to the Seller’s address: Masiuliškės g. 22, Sutkūnai, LT-76116, Šiaulių r. sav. The deadline shall be deemed not to have been missed if the Buyer sends the goods before the expiry of the 14 calendar day period.
8.4. If the Buyer withdraws from the concluded Agreement, the Seller shall refund to the Buyer all amounts paid for the goods, including delivery costs (except for additional costs incurred if the Buyer chose a method of standard delivery other than the cheapest one offered by the Seller), within 14 calendar days after the Buyer’s notification was transmitted to the Seller, and if the goods are not returned to the Seller by the Buyer, within 14 calendar days from the date of return of the goods to the Seller. The refund of the money paid shall be made by the same payment method with which the Buyer paid for the ordered goods, unless otherwise expressly agreed.
8.5. The Buyer shall cover the costs of returning quality goods to the Seller.
8.6. The Buyer shall be liable for any decrease in the value of the goods resulting from actions not necessary to establish the nature, properties and functioning of the goods. The returned product must be of good quality, in its original condition (with intact protective films and authentic labels), and unused. The returned product must be kept safe until returned, returned in its original packaging, with all parts of the set. Any gifts received with the Product must also be returned.
9. Return of goods of inadequate quality
9.1. Goods of inadequate quality shall be exchanged and returned in the cases, procedure and conditions established in Articles 6.363 and 6.364 of the Civil Code of the Republic of Lithuania, in the “Retail Trade Rules” approved by Resolution No. 90 of the Government of the Republic of Lithuania of 2021-02-10.
9.2. The Seller is liable for defects in the item that become apparent within 2 years from the transfer of the item to the Buyer.
9.3. The Buyer does not have the right to terminate the Agreement if the defect in the item is minor.
9.4. The Buyer to whom an item of inadequate quality was sold has the right, at his own discretion, to demand from the Seller during the warranty period:
9.4.1. that the Seller eliminate the defects in the item free of charge within a reasonable period, if the defects can be eliminated;
9.4.2. that the product be replaced with an analogous product of suitable quality;
9.4.3. that the purchase price be reduced accordingly;
9.4.4. refund 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 clause 9.4 of the Rules. The Buyer must declare his choice by returning the product. If the Buyer has chosen the remedy provided for in clause 9.4, the Seller is unable to implement it, the Seller may offer an alternative remedy provided for in clause 9.4 of the Rules.
9.6. If a price difference arises when replacing the products, the Buyer must settle with the Seller according to the recalculated prices of the products valid at the time of replacement.
9.7. The Seller shall refund the price paid by the Buyer for the product of inadequate quality immediately, but no later than within 14 days from the date of return of the product. The costs of returning an item of inadequate quality shall be borne by the Seller.
9.8. The Buyer, wishing to return goods of inadequate quality, shall submit a free-form application to the Seller, indicating the reason for the return (defect in the quality of the item) and one of the requirements specified in clause 9.4 of the Rules. The application shall be accompanied by a document confirming the purchase of the item and a warranty document (if one was issued).
10. Other provisions
10.1. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania, and the law of the Republic of Lithuania shall apply to the relations arising on their basis.
10.2. These Rules in no way limit and in no cases may be understood as limiting the rights of the Buyer (Consumer) established by the legal acts of the Republic of Lithuania.
10.3. If any provision of these Rules is recognized by a court as illegal, invalid or unenforceable, the other provisions of these Rules shall remain valid and effective in full. Any provision of these Rules recognized as illegal, invalid or unenforceable only in part or to a certain extent shall remain valid to the extent to which it was not recognized as illegal, invalid or unenforceable.
10.4. All disputes, disagreements or claims arising from these Rules or related to these Rules shall be finally resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.
10.5. All disputes arising between the Buyer and the Seller are resolved through negotiations. Buyers’ claims are considered and the Seller’s responses are submitted within 14 calendar days from the date of receipt of the claim. In the event that the Seller refuses to satisfy the requirements of the Buyer, who is recognized as a Consumer under the legislation of the Republic of Lithuania, such Buyer may use other dispute resolution methods specified in clause 10.6 of the Rules. In the event that the Seller refuses to satisfy the requirements of the Buyer, who is recognized as an Entrepreneur under the legislation of the Republic of Lithuania, all disputes between the Buyer and the Seller are resolved in accordance with the procedure established by the legislation of the Republic of Lithuania in the courts of the Republic of Lithuania at the location of the Seller’s registered office.
10.6. The Buyer (Consumer) may submit requests or complaints regarding the goods purchased in the Seller’s Online Store to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, tel. +370 5 2626751, on the website www.vvtat.lt (also to the territorial divisions of the State Consumer Rights Protection Service in the counties)) or by filling out the request form on the ODR platform https://ec.europa.eu/odr/.