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LT1. General provisions
1.1 These Terms and Conditions of Sale and Purchase of Goods (hereinafter referred to as the "Terms and Conditions") are a legal document binding on the parties to the contract of sale and purchase, which establishes the rights, obligations, responsibilities and other conditions applicable to the purchase and sale of goods in the electronic store www.fit2.shop between the person purchasing goods in the electronic shop www.fit2.shop (hereinafter referred to as the "Purchaser") and UAB BSC Vilnius (hereinafter referred to as the "Seller", the Purchaser and the Seller are hereinafter referred to as the "Parties" together).
1.2. In the electronic shop www.fit2.shop, all persons who are entitled to such right by the laws of the Republic of Lithuania, taking into account their civil capacity (if the Buyer is a person), both directly and through legal representatives, shall be entitled to be Purchasers.
1.3 By purchasing goods in the electronic shop www.fit2.shop, the Buyer unconditionally agrees to the full application of these Terms and Conditions, as well as to the application of the other terms and conditions set out in other sections of the electronic shop www.fit2.shop for the conclusion and performance of sale and purchase agreements by the Seller, by ticking the box next to the link "I agree to the Terms and Conditions of Sale and Purchase of Goods" during the registration. If the Customer does not accept the Terms and Conditions, he/she shall not be allowed to register and make the Sale and Purchase Agreement(s).
1.4 The Seller shall have the right to unilaterally amend, revise or supplement the Terms and Conditions at any time, in accordance with the legal regulations. The modified Terms and Conditions, modified in any of the above ways, shall enter into force from the moment of their public publication on the online shop www.fit2.shop and shall apply to all contracts of sale and purchase concluded as of that moment.
2. Conclusion and performance of the contract of sale and purchase
2.1 The contract of sale between the Buyer and the Seller shall be deemed to have been concluded from the moment when the Buyer, having selected the product(s), created a shopping cart and entered or ticked all the mandatory data, clicks on the "Buy" link.
2.2 The Purchase and Sale Agreement shall have the force of law for its parties and shall be duly performed.
2.3 The Purchase and Sale Agreement shall remain in force until it is fully executed.
2.4 Each contract of sale concluded in the above manner shall be stored in the database of the e-shop www.fit2.shop.
3. Rights of the Buyer
3.1 The Buyer shall have the right to purchase goods in the electronic shop www.fit2.shop in accordance with these Terms and Conditions, other information publicly provided by the Seller and the legislation of the Republic of Lithuania.
3.2 The Buyer shall have the right to withdraw from the contract of sale concluded in the electronic shop www.fit2.shop by notifying the Seller in writing within 14 (fourteen) days from the date of receipt of the goods.
3.3 Clause 3.2 of these Terms and Conditions shall not apply to contracts for the sale and purchase of audiovisual works and phonograms in any video or audio media, computer programs, gift vouchers, or which by their nature, after being presented to the Buyer, are not returnable to the Seller due to the loss of merchantable qualities or obvious deterioration of the goods, are perishable or are about to expire or have expired.
3.4 The Buyer may use the right described in Clause 3.2 only if the goods bought and sold are of good quality, not damaged, have not been used and have not substantially changed their appearance.
3.5 In the event that the Buyer purchases more than one product (set of goods) in the online store www.fit2.shop and intends to use the right described in Clause 3.2, the Buyer may not use this right only in respect of one or more products of this set. In this case, the Buyer must return the whole set of goods to the Seller. If at least one of the returned goods in the set does not comply with the requirements set out in Clauses 3.4 and 9.5, the Seller shall have the right to refuse to accept the returned set of goods, i.e. to refuse to accept the Customer's rejection of the contract of purchase and sale.
3.6 The Buyer's right provided in Clause 3.2 shall be exercised in accordance with the "Rules of Retail Trade" approved by the Government of the Republic of Lithuania by its Resolution No. 697 of 11 June 2001 (wording of Resolution No. 738 of 22 July 2014).
3.7 The Buyer shall have other rights described in these Rules and in the legislation of the Republic of Lithuania.
4. Obligations of the Buyer
4.1 Before concluding the first contract of sale in the electronic shop www.fit2.shop, the Buyer must register in this shop, i.e. provide the Seller with all the specified data and agree to these Conditions in accordance with the procedure set out in Clause 1.3 hereof.
4.2 Upon conclusion of the contract of sale, the Buyer is obliged to pay the price for the goods and their delivery, as well as other payments, if any, stipulated in the order placed in the electronic shop www.fit2.shop.
4.3 The Buyer is obliged to accept the goods purchased from the Seller.
4.4 The Buyer undertakes to properly protect and not to disclose to any third party his/her login details, which are confirmed by the Seller at the time of registration of the Buyer. If the Buyer discloses or loses the login data or if they become known to third parties in any way, the Buyer must immediately inform the Seller in the "Contact" section of the online shop www.fit2.shop in the ways indicated. Failure to do so shall not relieve the Buyer of the obligation to duly execute all contracts of sale and purchase concluded on the electronic shop www.fit2.shop using the Buyer's login data.
4.5 In the event of a change in the data provided by the Buyer during registration, the Buyer must update such data immediately. The Buyer’s failure to comply with this obligation shall exclude the Seller's liability for any possible improper performance of the Purchase and Sale Agreement to the extent that such possible improper performance is influenced by the Buyer's failure to comply with the said obligation, and in the event that the Seller suffers any loss as a result of the Buyer's failure to comply with this obligation, the Buyer shall be liable to compensate the Seller in full.
4.6 The Buyer shall have other obligations provided for in these Terms and Conditions and in the legislation of the Republic of Lithuania and shall be obliged to fulfil them.
5. Seller's rights
5.1 The Seller shall have the right, at its sole discretion, to set a minimum basket size, i.e. a minimum amount below which the Buyer's order will not be fulfilled. In such a case (if the minimum amount is not reached), no contract of sale can be concluded.
5.2 If the Buyer attempts to interfere with the operation, stability or security of the electronic shop www.fit2.shop, as well as violates his/her obligations provided for in these Terms and Conditions or the legislation of the Republic of Lithuania, the Seller shall be entitled to immediately limit, suspend or terminate the Buyer's access to the electronic shop www.fit2.shop, cancelling the Buyer's registration, without any prior notice and shall not be liable for any loss incurred by the Buyer as a result.
5.3 In the event of serious circumstances, the Seller shall have the right to suspend or terminate temporarily or indefinitely the operation of the online shop www.fit2.shop without prior notice to the Buyer and shall not be liable for any losses incurred by the Buyer in connection therewith.
5.4 The Seller shall have other rights provided for in these Terms and Conditions and in the legislation of the Republic of Lithuania.
6. Obligations of the Seller
6.1 The Seller undertakes to enable the Buyer to make proper use of the services provided by the e-shop www.fit2.shop under the terms and conditions set out in these Conditions. However, the Seller shall not be liable for any loss that the Buyer may suffer as a result of technical or other malfunctions or data transmission errors in the operation of the online shop www.fit2.shop, regardless of the cause.
6.2 The Seller undertakes to respect the Buyer's privacy, to protect the Buyer's personal information transmitted to the Seller, and to process the personal data provided by the Buyer only in accordance with the procedures set out in the GDPR and the legislation of the Republic of Lithuania.
6.3 In the event that the Buyer, when concluding a contract of sale and purchase, chooses to have the goods delivered to him/her (the Buyer) by delivery instead of collecting them from the Seller, the Seller undertakes to deliver the goods purchased by the Buyer to the address specified by the Buyer in accordance with the conditions set out in section 8 of the Rules.
6.4 If the Seller is unable to provide the Buyer with the goods ordered due to important circumstances, the Seller undertakes to offer the Buyer an analogous or, as far as possible, similar product. If the Buyer refuses to accept such goods offered by the Seller, the Seller undertakes to refund the Buyer the money paid by the Buyer within 10 (ten) working days from the date of receipt of the Buyer's written refusal and shall be exempt from any liability for the non-delivery of the goods to the Buyer.
6.5 In the event of the Buyer exercising the right provided for in Clause 3.2 of the Conditions, the Seller undertakes to refund the Buyer the money paid by the Buyer within 10 (ten) working days from the date of receipt of the returned goods. If the Buyer has paid for the Goods in cash or by transfer to the Seller's bank account (without using electronic banking services), the Buyer must provide the Seller with the details of its bank account in writing when returning the Goods. In such case, the money paid by the Buyer shall be refunded to the Buyer within 10 (ten) working days from the date of delivery of such instruction to the Seller.
6.6 In the cases provided for in Clauses 6.4 and 6.5 of the Conditions, the Seller undertakes to refund the money to the Buyer in accordance with the procedure specified in Clause 9.2 of the Conditions.
6.7 The Seller shall have other obligations provided for in these Rules and in the legislation of the Republic of Lithuania and shall comply with them.
7. Price of the Goods, procedure and conditions of payment for the Goods
7.1 In the e-shop www.fit2.shop all prices of the goods and their delivery, as well as any other possible payments, are indicated in Euro, including the value added tax included in the price.
7.2 The Buyer agrees that the documents of purchase and sale of the goods, i.e. the VAT invoices, which are also the documents confirming the Buyer's right to return, exchange or repair of the goods under warranty, shall be submitted to the Buyer together with the purchased goods.
7.3 The Buyer may pay the Seller for the purchased goods in cash at the time of delivery of the goods to the Buyer, by prepayment using electronic banking services or by prepayment from any bank or other credit institution to the Seller's bank account indicated in the "Props" section of the online shop www.fit2.shop.
7.4 The Buyer may also pay for the purchased goods by using the consumer credit agreement service provided by leasing companies with which the Seller cooperates. Information on this method of payment for the goods is provided in the "Hire Purchase" section of the online shop www.fit2.shop.
7.5 The Buyer shall pay for the Goods in cash to the person delivering the Goods (the Seller's representative) at the time of delivery of the Goods to the Buyer. In the event of non-payment of the full amount for the goods and their delivery, as well as all other payments, if any, stipulated at the time of conclusion of the contract, the goods shall not be delivered to the Buyer and the contract of sale shall be deemed to be terminated as from that moment due to the Buyer's material breach of contract. In such a case, the Buyer shall be liable for all losses incurred by the Seller in connection with the termination of the contract of sale.
7.6 The Buyer may pay for the Goods using electronic banking services if the Seller has an agreement with the Buyer's bank. In this case, the Buyer's bank is linked to the Buyer's bank from the online shop www.fit2.shop. In this case, when monetary transactions are carried out in the bank's electronic banking system, the responsibility for the security of the Buyer's data rests with the respective bank.
7.7 If the Buyer pays for the Goods by wire transfer from any bank or other credit institution to the Seller's account (without using electronic banking), the Buyer must send the Seller an email confirmation of payment from the relevant bank or other credit institution no later than 24 hours after clicking on the "Purchase" link. The Seller shall only be entitled to proceed with the execution of the Purchase and Sale Contract upon receipt of this confirmation. If the Buyer fails to confirm payment for the Goods within the time and in the manner specified, the Seller shall have the right to treat the Buyer as having withdrawn from the contract of sale and to cancel the Buyer's order.
7.8 Pursuant to Article 6.313(7) of the CC, once the Buyer has placed an order for goods and the Seller has confirmed it, the price of the goods may be changed taking into account the objective indicators (change in the cost price, additional costs, technical error, etc.) affecting the price of the goods as provided for by law. In the event of such a change in the price of the goods, the Buyer shall have the right to refuse to buy and the Seller the right to sell. In such a case, either Party shall have the right to terminate the contract of sale of the goods by written notice to the other Party. The Parties agree that any loss resulting from the termination of the Sale and Purchase Agreement for the reason set out in this clause shall not be indemnified by the other Party.
8. Delivery of the Goods to the Buyer
8.1 When purchasing goods in the electronic shop www.fit2.shop, the Buyer must choose one of the methods of delivery of the goods to the Buyer - to use the Seller's delivery service throughout the territory of the Republic of Lithuania or to pick up the goods from the Seller himself at the Seller's agreed store.
8.2 The Goods may only be collected from the Seller by the Buyer, his/her legal representative or the person specified by the Buyer at the time of placing the order. The person taking delivery of the Goods must provide the Seller's representative handing over the Goods with a valid identity document (identity card, passport or driving licence issued after 1 January 2003), and in the case of representation, with a document confirming proper representation.
8.3 The Seller shall inform the Buyer of the date and time of delivery of the Goods or of the collection of the Goods at the agreed Seller's store by the Buyer in the notification submitted by the Buyer to the Seller to the e-mail address provided by the Buyer upon registration. The Buyer, having entered into a contract of sale with the Seller, undertakes to keep checking the e-mail account provided to the Seller at the time of registration until the Seller's notification of the delivery or collection of the goods at the agreed Seller's shop is received. On the day of delivery, the Seller's representative may also contact the person collecting the goods by telephone to agree on the exact time of delivery. If delivery by courier service is chosen, the Buyer's telephone number shall be passed to the courier who may contact the Buyer directly regarding the delivery of the goods and the Buyer may be kept informed of the status of the delivery. The delivery and preparation times indicated in the description of the Goods are indicative. If the goods ordered are not available in the Seller's warehouse or store (e.g. special order, pre-order, goods ordered from partners' warehouse or suppliers, planned replenishment of the goods), the delivery of the Goods may be delayed by an additional period of 1 to 20 days (in exceptional cases, more). By accepting these rules, the Buyer agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the control of the Seller.
8.4 At the Seller's agreed shop, the Buyer or any other person referred to in Clause 8.2 of the Rules must collect the Goods from the Seller's agreed shop during the Seller's shop opening hours within a maximum period of 3 (three) working days from the date of receipt of the Seller's notification to the Buyer at the email address provided by the Buyer at registration. If the Buyer or any other person referred to in Clause 8.2 of the Rules fails to collect the goods within this period, the Seller shall be entitled to terminate the contract of sale due to the Buyer's material breach of contract. In such a case, the Buyer shall be obliged to pay for all losses incurred by the Seller in connection with the termination of the contract of sale.
8.5 The Buyer shall pay for the delivery of the Goods to the address specified by the Buyer. The exact price of the delivery service depends on the place of delivery of the ordered goods, their quantity, price, weight and the Buyer's willingness or unwillingness to make use of the Seller's paid service of taking the goods to the Buyer's specified building location, and shall be made available to the Buyer only after the order is fully formed.
8.6 The service of delivering the Goods to the Buyer's specified building location must be booked prior to payment for the Goods and the selected services.
8.7 In individual cases specified by the Seller, the services of delivery of the Goods and of taking them to the Buyer's specified building location may be free of charge for the Buyer.
8.8 In individual cases specified by the Seller, depending on the location of delivery of the Goods (e.g. to the city of Neringa or the part of the city of Klaipėda located in the Curonian Spit) and other circumstances, the service of delivery of the Goods to the Buyer shall be subject to additional fees.
8.9 The person accepting the Goods shall, together with the Seller's representative handing over the Goods, inspect the condition of the packaging of the consignment. If the person accepting the Goods notices any damage to the packaging of the consignment, the person accepting the Goods must note the damage in writing on the consignment note and sign the consignment damage certificate. Once the person accepting the goods has signed the consignment note without remarks, the Buyer confirms that the consignment has been handed over without damage.
8.10. If the person accepting the goods notices that the packaging of the delivered goods or the goods themselves are damaged in any way or are not in the correct configuration, the person accepting the goods must note this in the document of acceptance and transfer of the goods and, in the presence of the Seller's representative, draw up a free-form certificate of damage to the goods or of the lack of conformity of the goods with the agreed configuration. If the person accepting the goods fails to do so, the Seller shall be exempt from any liability to the Buyer in respect of any damage to the goods, provided that such damage is not due to a manufacturing defect, and in respect of any non-conformity of the goods to the agreed composition of the goods, which can be observed by inspection at the time of their acceptance and delivery.
8.11. If only damage to the packaging of the consignment of goods is detected, but no discrepancies in the quantity, assortment and quality of the goods are detected, the Seller shall be obliged to execute the contract of purchase and sale. In such a case, the person accepting the goods shall be obliged to accept the goods but shall also be obliged to note the damage to the packaging of the goods in the document of acceptance - transfer of goods. Once the person accepting the goods has accepted the goods and signed the document of acceptance and noted the damage to the packaging of the goods, it shall be deemed that the goods have been delivered in damaged packaging, but that the quantity, range and quality of the goods are in conformity with the terms of the contract of sale and purchase.
8.12. In the event of discrepancies in the quantity and/or range and/or quality of the goods, the person accepting the goods shall not accept the goods and shall note the discrepancies in the document of acceptance-transfer of the goods. In such a case, the Buyer shall not be deemed to be in any way in breach of the Sale and Purchase Agreement if the person accepting the goods refuses to accept them due to the defects in the goods, and the Seller and the Buyer shall agree separately on the further proper performance, modification or termination of the Sale and Purchase Agreement. However, if the person accepting the goods accepts the goods and signs the document of acceptance and transfer of the goods without any remarks on possible defects, the Seller shall be deemed to have duly and fully performed the contract of sale and the conditions for the Seller's exemption from liability to the Buyer set out in Clause 8.10 of the Conditions shall apply.
8.13. If the Goods are not delivered to the Buyer on the delivery date specified by the Seller, the Buyer shall immediately inform the Seller. Failure to do so shall not entitle the Buyer to make any claim against the Seller, nor shall the Buyer be entitled to claim compensation for any loss suffered by the Buyer as a result of the non-delivery of the goods or any delay in their delivery.
8.14. The Seller shall be exempt from liability to the Buyer for non-delivery or late delivery of the Goods if the non-delivery or late delivery of the Goods to the Buyer is due to the Buyer's fault or to circumstances beyond the Buyer's control.
9. Return and exchange of goods
9.1 Returns and exchanges of Goods shall be made in accordance with the "Rules of Retail Trade" approved by the Government of the Republic of Lithuania by its Resolution No. 697 of 11 June 2001, referred to in Clause 3.6 of the Regulations (Resolution No. 738 of 22 July 2014).
9.2 The money for the returned goods shall be paid by a payment order to the Buyer's bank account, in accordance with the conditions set out in Clauses 7.4 and 7.5 of the Rules. In the event that the Buyer and the person paying for the Goods are different persons, the money for the returned Goods shall be paid into the bank account of the person who paid for the Goods.
9.3 If the Buyer withdraws from the contract of sale and purchase of the goods by exercising the right provided for in Clause 3.2 of the Regulations, the goods shall be returned at the Buyer's expense, and the money paid by the Buyer for the goods shall be refunded to the Buyer within ten (10) working days from the date of the return of goods to the Seller. Any money paid by the Buyer to the Seller for additional services, such as delivery of the goods or the service of taking the goods to the location of the building specified by the Buyer, shall not be refunded to the Buyer.
9.4 The Buyer shall return the Goods to the Seller at the Buyer's expense. The Buyer may agree with the Seller a chargeable service provided by the Seller to collect the returned goods from the Buyer in the event of return.
9.5 The Goods shall be returned in their original packaging in good order (this condition shall not apply in the case of returns of low-quality Goods), the Goods shall be undamaged, unused, in good condition (no damaged labels, no torn protective films, etc.; this condition shall not apply in the case of returns of low-quality Goods) and in the same condition of completion in which they have been received by the Buyer from the Seller.
9.6 When returning the Goods, the Buyer shall provide the Seller with all documents received with the Goods, including the document of acceptance and transfer. The Buyer's withdrawal from the Sale and Purchase Agreement and the return of the Goods to the Seller shall be documented in the form prescribed by the Seller.
9.7 The Buyer or his/her legal representative shall have the right to return the Goods to the Seller and to sign the documents referred to in Clause 9.6 of the Regulations. The person returning the Goods shall be obliged to present to the Seller's representative at the time of returning the Goods one of the valid identity documents referred to in Clause 8.2 of the Rules, and in the case of representation - a document confirming proper representation.
9.9 If the Buyer breaches in any way any one or more of the terms and conditions set out in this Clause, the Seller shall have the right not to accept the Buyer's withdrawal from the Sale and Purchase Contract and not to accept the returned goods.
10. Guarantee of the quality of the Goods
10.1 The Seller or the manufacturer of the Goods shall provide a quality guarantee for the Goods sold for a specified period of time. The term of the guarantee and other conditions for the exercise of the guarantee are specified in the description of the goods.
10.2 Data contained in electronic information media shall not be covered by the warranty and the Seller shall not indemnify the Buyer or any third party against any loss or recovery of such data.
10.3 In the event that the Seller or the manufacturer does not provide a guarantee of quality for certain types of goods, the guarantee provided for by the relevant legislation shall apply.
10.4 The Seller does not itself provide after-sales service. Whenever the Buyer wishes to avail itself of such services, the Seller shall refer the Buyer to the person providing the after-sales service.
10.5 Other terms and conditions of the guarantee of the quality of the Goods are set out in the section "Warranties for all products" of the online shop www.fit2.shop. In the event of any inconsistency between the terms and conditions of the guarantee of the quality of the Goods set out in these Conditions and the aforementioned section of www.fit2.shop, the terms and conditions set out in these Conditions shall prevail.
11. Liability of the parties
11.1 The Buyer shall be liable for all his/her actions carried out through the use of the electronic shop www.fit2.shop.
11.2 When accepting or returning goods, the identity document presented to the Seller's representative by the person accepting or returning such goods and the personal data contained therein shall only be used for the purpose of proper identification.
11.3 The Buyer shall be responsible for the accuracy of the personal and other data provided during registration. If the data provided by the Buyer is incorrect and/or inaccurate, the Buyer shall be solely responsible for the consequences of the provision of such data and shall be liable to pay all damages incurred by the Seller as a consequence of the incorrectness and/or inaccuracy of such data provided by the Buyer.
11.4 Pursuant to Article 8(3) of the Law on Electronic Signatures, the Parties agree that the confirmation of the Buyer's actions in the online shop www.fit2.shop by the Buyer's login data shall have the legal force of an electronic signature as set out in Article 8(1) of the said Law, i.e. it shall have the same legal force as a signature on written documents and shall be admissible in evidence in court.
11.5 If the Buyer breaches the obligation to ensure the security of his/her login data as set out in Clause 4.4 of the Terms and Conditions, he/she shall be fully liable for the consequences of the transmission of such data to third parties. If any person accesses the online shop www.fit2.shop using the Buyer's login data, such person shall be deemed to be the Buyer, and all actions performed by accessing the online shop www.fit2.shop using the Buyer's login data shall be deemed to be performed by the Buyer. The Buyer bears all responsibility for the consequences of such actions.
11.6 If the Buyer accesses other websites through links on the Seller's online shop, the Seller shall not be responsible for, supervise, control or represent the information provided on such other websites or the activities of such other companies, institutions, organizations or any other third parties.
11.7 The Seller shall not be liable for the fact that the size, color, shape or other parameters of the Goods in the online shop www.fit2.shop may not correspond to the actual size, shape, color or other parameters of the Goods due to the characteristics of the display (monitor) used by the Buyer.
11.8 The Seller shall be exempt from any liability in cases where the Buyer, regardless of the Seller's requirements and his/her (the Buyer's) own obligations, has not read these Terms and Conditions, although such a duty was imposed on him/her and the opportunity was given to him/her.
12. Provision of information
12.1 The Parties agree that all information provided in the online shop www.fit2.shop, including but not limited to these Terms and Conditions, other terms and conditions set out by the Seller for the conclusion and performance of sale and purchase agreements, as provided in other sections of the online shop www.fit2.shop, as well as the information referred to in Article 6.366(8) of the Civil Code, shall be deemed to have been provided by the Seller in writing to the Buyer.
12.2 The Buyer confirms that, by purchasing the goods in the online shop www.fit2.shop, he/she has read and fully understood the information provided by the Seller as referred to in Article 6.366(8) of the CC. The Seller provides this information to the Buyer both in these Terms and Conditions and in other sections of the online shop www.fit2.shop.
12.3 The Seller shall send all notifications to the Buyer to the e-mail address provided by the Buyer during registration.
12.4 The Buyer shall send all notifications, questions, or complaints to the Seller by the methods indicated in the "Contact" section of the electronic shop www.fit2.shop.
13. Final provisions
13.1 The law of the Republic of Lithuania shall apply to the interpretation of these Terms and Conditions as well as to the interpretation and performance of sale and purchase contracts concluded by means of communication not covered herein.
13.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions shall be settled by negotiation. Failing such negotiations, the dispute between the Parties shall be settled by the competent court of the Seller's place of business.
13.3 If for any reason one or more of the terms of these Terms and Conditions is held to be illegal, invalid, or unenforceable, all other terms and conditions of these Terms and Conditions shall not be affected thereby. In such a case, all other terms of the Terms and Conditions shall be construed without regard to the illegal, invalid, or unenforceable term.