Rules on the purchase and sale of goods

1. Basic concepts

1.1. For the purposes of these Terms and Conditions of Sale and Purchase of Goods of fontemenergy.lt, capitalised terms shall have the meanings given below:

1.2 “Seller” means MB “Artoma”, company code 306680563, registered office address Beržų g. 37-2, Giraitės k., LT-54310 Kauno r., a small partnership registered in the Register of Legal Entities of the Republic of Lithuania. The seller’s VAT payer code is LT100016672218. The Seller’s contact information can be found in the “Contacts” section of the e-shop.

1.3 “Online Shop” means the online shop at www.fontemenergy.lt where the Seller’s goods are sold in accordance with these Terms.

1.4 “Account” means the account of the Buyer as a user of the Online Shop for shopping in the Online Shop.

1.5 “Contract” means the distance sales contract between the Buyer and the Seller for the sale of the goods distributed through the Online Shop.

1.6 “Buyer” means: 1) a natural person who has reached the age of majority and whose legal capacity has not been restricted by a court order; 2) a minor between the ages of 14 and 18 with the consent of his/her parents or guardians, unless he/she has been emancipated; 3) a legal person.

1.7 “Terms” means these Terms and Conditions for the purchase and sale of Goods on the fontemenergy.lt e-shop, which apply to every purchase made by the Buyer on the e-shop and to every contract of sale concluded between the Buyer and the Seller.

1.8 “Order” means an order placed by the Buyer with the Seller for Goods distributed in the Online Shop.

1.9 “Consumer” means a person who, in accordance with the provisions of the Law on Protection of Consumer Rights of the Republic of Lithuania, is deemed to be a consumer. It is a natural person who seeks to conclude or has already concluded a contract with a seller for purposes other than his business, trade, craft or profession (consumer purposes).

1.10 “Entrepreneur” means a natural person or a legal person or other organisation or subdivision thereof who, for the purposes of his trade, business, craft or profession, seeks to enter into or enters into Contracts with the Seller, including persons acting on behalf of or for the benefit of an entrepreneur. A legal person may be deemed to be an entrepreneur irrespective of the legal form of its members. An entrepreneur shall not be considered a Consumer and shall not be subject to the legislation on consumer rights.

2. General provisions

2.1. These rules apply to every contract between buyer and seller. Before placing an order, the Buyer must read the Terms and Conditions and the Privacy Policy (clause 3.1 of the Terms and Conditions), make sure that the terms and conditions of the Terms and Conditions are understood and accepted by the Buyer and confirm this at the time of placing the order. The Seller accepts no risk or liability whatsoever if the Buyer has not read the Terms and Conditions and the Privacy Policy before placing the order, even if he has been given the opportunity to do so.

2.2. In paragraphs 3 “Processing of personal data”, 8 “Right of withdrawal. Return of goods” and No 9 “Return of goods of inadequate quality” shall not apply to a buyer who is not recognised as a consumer under the laws of the Republic of Lithuania. In relations between a buyer who is recognised as a trader under the legislation of the Republic of Lithuania and the seller, the general provisions of the Civil Code of the Republic of Lithuania on contracts of sale and purchase and the other legal norms governing commercial relations between traders shall apply to the extent of the parts of the Rules not applicable to such buyer. Nothing in these Rules shall be construed as conferring on the buyer, who is a trader, any additional rights which, by their nature, are conferred only on the buyer, who is a consumer (unless expressly stated to the contrary in these Rules).

2.3. Contracts in the e-shop are concluded in electronic form in accordance with the provisions of the Civil Code of the Republic of Lithuania governing distance contracts.

2.4. By making a purchase in the online shop and ticking the box next to the statement “I have read and accept the Terms and Conditions of Purchase and the Privacy Policy”, the Customer confirms that he/she has read, accepts and agrees to be bound by these Terms and Conditions and the Privacy Policy. Once the Buyer has accepted the Terms and Conditions, they shall become an integral part of the contract. If the Buyer does not agree to the Terms and Conditions and the Privacy Policy, the order cannot be proceeded with and the goods cannot be ordered from the Online Shop and the Seller shall not be liable to the Buyer.

2.5. The Seller shall use the contact information and data provided by the Seller when providing information or documents to the Buyer by e-mail or other means (call and/or SMS). It is the buyer’s responsibility to ensure that the correct details and contact information are provided to the seller. The Buyer shall be liable for the consequences of any inaccuracy in the data and contact information provided.

2.6. The Seller has the right to change the rules at any time by publishing them on the website of the e-shop. The amendments shall take effect from the moment of publication and shall apply to all new contracts concluded after publication.

3. Processing of personal data

3.1. The Seller’s processing of personal data complies with the requirements set out in the Law on Legal Protection of Personal Data of the Republic of Lithuania and the General Data Protection Regulation of the European Union.

3.2. The Seller shall process the Buyer’s personal data in accordance with the Privacy Policy. Before placing an order in the online shop, the Buyer must read the Privacy Policy, make sure that all the provisions of the Privacy Policy are understood and accepted by him, and confirm this at the time of placing the order, as set out in point 2.4 of the Rules.

4. Conclusion of the contract

4.1. Confirmation of the seller’s order is an essential condition for the conclusion of a contract between the buyer and the seller. By selecting the desired product in the online shop, the buyer reads and accepts these rules, adds the goods to the shopping cart, provides his/her data, contact details and the delivery address, and chooses the payment method. Upon receipt of the order, the seller shall inform the buyer by e-mail or other means (call and/or SMS) of the receipt of the order and assign an order number to it. However, this notification does not constitute confirmation of the order. Upon receipt of the order, the seller shall check whether the ordered goods will be available in accordance with the terms and conditions and only after receiving confirmation from the supplier that the ordered goods will be available, the seller shall send the buyer a notification (by e-mail or other means such as a call and/or SMS) with the confirmation of order. The contract between the buyer and the seller shall be deemed to have been concluded from the moment the seller confirms the order. If the seller does not confirm the order, the contract shall be deemed not to have been concluded. If the buyer has already paid for the goods and the order has not been confirmed, the seller will refund the amount paid within 3 working days from the date of the relevant notification.

5. Products. Price of goods

5.1. The images of the products in the online shop are for illustrative purposes only. The size, shape, colour or other parameters of the goods sold by the Seller may differ from the actual goods due to the characteristics of the Buyer’s device or other technical reasons.

5.2. All goods made available in the online shop are available for purchase, unless expressly stated otherwise. If, after confirmation of the order, it becomes apparent that the Seller is unable to sell the goods ordered due to circumstances (e.g. the goods are out of stock or due to a supply disruption), the Seller shall immediately inform the Buyer by email or other means (call and/or SMS) and the order shall be terminated. In this case, if the buyer has already paid for the goods, the seller shall refund the amount paid within 3 working days from the date of notification.

5.3. If the seller is unable to deliver the goods ordered due to important circumstances, he may offer the buyer a similar product or an equivalent alternative. If the newly offered product is more expensive, the buyer pays the difference. If the newly offered product is cheaper, the seller shall refund the difference to the buyer. If the buyer does not accept the alternative offered, the seller shall refund the buyer within 3 working days (if prepayment has been made).

5.4. Prices of goods may change, but such changes will not affect existing contracts. Changes to the price of goods may only be made in exceptional cases, such as an error in the information system, the correction of a manifest error or other objective reasons. If the Seller determines that the price of the goods has been incorrect, he shall immediately inform the Buyer by e-mail or other means (call and/or SMS) and give the Buyer the opportunity to adjust the order to the new price. If the buyer does not adjust the order to the new price, the seller has the right to cancel the order and terminate the contract. If the buyer has already paid for the product, the seller shall refund the amount paid within 3 working days of notification of the price change.

5.5. If the order is confirmed but the buyer has not paid the full price of the goods, the seller may require prepayment. The Seller shall inform the Buyer by e-mail or other means (call and/or SMS) of such requirements and shall deliver the goods only after prepayment. If the Buyer refuses prepayment, the order shall be cancelled and the contract concluded shall be deemed to have been unilaterally terminated without compensation.

6. Delivery of goods

6.1. Information about the shipping and delivery times is for guidance only and shall not be deemed binding on the Seller or guaranteed to the Buyer.

6.2. When ordering goods, the Buyer may choose one of the delivery methods indicated in the online shop.

6.3. If the Buyer chooses Venipak’s courier service to deliver the goods to the Buyer’s home:

6.3.1. The Buyer must specify the exact address of the delivery location.
6.3.2. Upon receipt of the goods from the courier, the Buyer must present a valid ID (passport, driving licence or ID card). If the goods are collected by another person, the Buyer must state the name of the other person at the time of ordering.
6.3.3. Upon receipt of the goods, the Buyer must check the parcel for damage before signing the courier’s acknowledgement form.
6.3.4. If the goods weigh more than 30 kg, the Buyer must arrange to carry the goods to the place of delivery himself or to book an additional service for home delivery.
6.3.4..3.5 Additional services such as carrying the goods to the building are not included in the home delivery fee and can be ordered additionally.
6.3.6 The maximum cash payment amount is EUR 999.99.
6.3.7 If the Customer is not able to pick up the goods at the scheduled time or address, he/she can change the delivery date and location via a link in the SMS message or by contacting customer service.

6.4. If the Buyer chooses delivery to post offices:

6.4.1.The consignment must be collected within a certain number of days from the date of notification of possible collection.

6.5. Title and risk in the Goods shall pass to the Buyer when the Goods are transferred or to a person nominated by the Buyer. If the Buyer opts for a carriage service, the risk shall pass to him.

6.6. The Buyer must check the condition and contents of the goods when collecting them. If the goods are damaged, this must be stated in the delivery note.

6.7. If the goods are undamaged but the damage is noticed afterwards, the Buyer may withdraw from the contract or contact the Seller with claims about the quality of the goods.

7. Payment

7.1. When a customer visits an online shop, they choose the items they like and put them in their shopping basket. After the shopping cart has been created, the Buyer enters the personal data necessary for the execution of the order: his/her name, surname, the address to which the goods will be delivered, the telephone number and any additional information that may be relevant for the delivery of the goods ordered. The Buyer confirms that he/she has read these Terms and Conditions and confirms the order.
7.2. Payment can be made using Swedbank, Seb, Luminor, Citadele, Šiaulių Bankas e-banking services and Visa / MasterCard payment cards. Payments can be made in Euro currency. Payments are processed using the MakeCommerce.lt payment platform.

7.3. Cash up to €999.99 or credit card on receipt of goods via courier.

7.4. Payment and delivery terms can be arranged individually when ordering by phone.

8. Right of withdrawal. Return of Goods

8.1. The Buyer (User) shall have the right to withdraw from the Contract within 14 calendar days, without giving any reason, starting from the moment referred to in Article 6.22810(3) of the Civil Code of the Republic of Lithuania. This right cannot be exercised by the Buyer in the case of one of the contracts listed in Article 6.22810(2) of the Civil Code of the Republic of Lithuania.

8.2. The Buyer shall notify the Seller of its withdrawal from the Contract by sending a clear and unambiguous statement to the Seller at info@fontemenergy.lt setting out the Buyer’s decision to withdraw from the Contract. The Buyer shall submit the VAT invoice for the purchase of the goods together with the statement of withdrawal.

8.3. If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer all sums paid for the Goods, including delivery costs (except for additional costs incurred if the Buyer chooses a standard delivery method other than the cheapest one offered by the Seller), within 14 calendar days after the Buyer’s notice has been given to the Seller, or, in the event that the Goods have not been returned to the Seller by the Buyer, within 14 calendar days of the date on which they were returned to the Seller. Refunds shall be made by the same method of payment used by the Buyer to pay for the goods ordered, unless otherwise expressly agreed.

8.4. The Buyer shall bear the cost of returning quality goods to the Seller.

8.5. The buyer is liable for any diminution in the value of the goods resulting from actions not necessary to determine the nature, characteristics and performance of the goods. The returned goods must be of good quality, in good condition (with intact protective films, authentic labels) and unused. The returned product must be stored securely until it is returned, and returned in its original packaging, with all parts of the set. All former accessories must be returned together with the set.

9. Returning goods of defective quality

9.1. Goods of defective quality may be replaced or returned in accordance with Articles 6.363 and 6.364 of the Civil Code of the Republic of Lithuania and 10 February 2021. The “Rules of Retail Trade” approved by the Government of the Republic of Lithuania by Resolution No. 90. These are the cases, procedures and conditions provided for.

9.2. The Seller shall be liable for defects in the goods which become apparent within 2 years of the delivery of the goods to the Buyer.

9.3. The Buyer does not have the right to terminate the Contract if the defect in the goods is minor.

9.4. If the Seller sells goods of defective quality, the Buyer may, within the warranty period, demand:
9.4.1. the Seller to remedy the defects in the goods, if possible, without any compensation and within a reasonable period of time.
9.4.2. the replacement of the goods received with goods of equivalent and suitable quality.
9.4.3. the reduction of the Purchase Price in proportion to the defect.
9.4.4.

9.5. The Buyer may choose only one of the remedies set out in Clause 9.4 of the Conditions. When choosing one of the remedies, the Buyer must notify his/her choice when returning the goods. If the Buyer has chosen one of the remedies, the Seller may not implement the other remedies but may offer an alternative remedy.

9.6. If a price difference arises from the exchange of the Goods, the Buyer must settle with the Seller the new price rate applicable at the time of the exchange.

9.7. The Seller must refund the price paid for the goods to the Buyer immediately, but no later than 14 days from the date of return. The Seller shall bear the costs of the return.

9.8. In order to return goods of unsatisfactory quality, the Buyer must submit a request to the Seller in a free-form letter stating the reason for the defect in quality. The request shall be accompanied by proof of purchase of the goods and the guarantee document (if any).

10. Other provisions

10.1. These Terms and Conditions are based on and governed by the laws of the Republic of Lithuania.

10.2. These Terms and Conditions shall not be valid as limiting or infringing the rights of the Buyer (User) as provided for by the legislation of the Republic of Lithuania.

10.3. If any provision of these Terms and Conditions is held to be invalid, void or unenforceable as a matter of law by a court of law, this will not affect the other Terms and Conditions, which will remain in full force and effect. If a provision of these Terms is lawfully held to be only partially inadequate, invalid or unenforceable, it will remain in force to the extent that it has not been lawfully held to be inadequate, invalid or unenforceable.

10.4. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.

10.5. Any disputes arising between the Buyer and the Seller shall be settled by negotiation. Complaints from Buyers will be considered and the Seller shall respond to the complaints within 14 calendar days of receipt. If the Seller refuses to satisfy the Buyer’s claims, which are recognised as legitimate under Consumer Law, the Buyer may choose other means of dispute resolution. If the Seller refuses to satisfy the Entrepreneur’s claims, all disputes between the Buyer and the Seller shall be settled in the courts of the Republic of Lithuania according to the place of registration of the Seller.