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TERMS AND CONDITIONS OF THE ONLINE SALES FROM “LOKYS DELI”
1.1 Conditions of Sale and Purchase are the terms and conditions of this Online Purchase and Sale Agreement, which set out the rights and obligations of the Customer and the Seller, the conditions for the purchase and sale of the goods and services and the conditions of payment for them, the procedure for the delivery and return of the goods, the parties’ liability, and any other provisions related to the purchase and sale of goods and services in the online store “Lokys Deli” www.lokys.lt/deli (hereafter referred to as “Online Store”).
1.2 Online Store “Lokys Deli” is an online shop accessible at www.lokys.lt/deli, where the Cusomer can purchase the goods and services offered by the Seller.
1.3 “Seller” – UAB “Senasis Lokys”, company code 121525187, VAT code LT215251811, address Stikliu str. 8, LT-01131, Vilnius, Lithuania.
1.4 “Customer” – a person who meets the requirements set out in Clause 2.2 of these Terms and Conditions of Sale and Purchase and who has purchased goods and services in the Online Store by purchase, donation or exchange.
1.5 “Recipient” – the person specified by the Customer to whom the goods and services ordered by the Customer are delivered.
2.1 These Terms and Conditions of Sale and Purchase, subject to the Customer’s acceptance (i.e. by reading the Terms and Conditions and by ticking the “Terms and Conditions ” link on the Online Store), shall constitute a binding legal document for the parties, which shall be deemed to be an integral part of the Terms and Conditions and shall set out the Customer’s and the Seller’s rights and obligations, the terms and conditions and procedures for purchasing the goods and services and for paying for the goods and/or services, the terms and conditions and the procedures for the delivery of the goods and for the return of the goods, the parties’ liability and other provisions relating to the purchase of the goods or services in the Online Store.
2.2 The following persons shall be entitled to purchase goods and services in the Online Store:
2.2.1 natural persons of legal capacity, i.e. persons who have reached the age of majority and whose legal capacity is not restricted in accordance with the procedure laid down by the applicable legislation;
2.2.2 minors between the ages of sixteen and eighteen, only with the consent of their parents or guardians, unless they are emancipated;
2.2.3 legal persons represented by a person acting in accordance with the instruments of incorporation of that legal person;
2.2.4 authorised representatives of all of the above.
3.1 The Customer shall have the right to purchase the goods and services at www.lokys.lt/deli in accordance with the provisions of these Conditions of Sale and Purchase.
3.2 The Customer shall have the right to cancel the order in accordance with the procedure set out in these Conditions of Sale and Purchase.
3.3 The Customer shall have the right to exchange or return the purchased goods in accordance with the procedure set out in these Conditions of Sale and Purchase.
3.4 The Customer shall have other rights set out in these Conditions of Sale and Purchase, the Privacy Policy and the legislation of the Republic of Lithuania.
4.1 The Customer, having placed an order in the Online Store, shall pay for the goods and services and accept them in accordance with the procedures set out in these Conditions of Sale and Purchase.
4.2 The Customer shall be fully responsible for the actions performed using the Online Store.
4.3 Alcoholic beverages may only be purchased by persons who are sober and at least 20 years old. By purchasing alcoholic beverages, the Customer confirms that he/she is not licensed to engage in the wholesale or retail sale of alcoholic beverages.
4.4 Legal entities may order and purchase alcoholic beverages only for representational purposes and for other purposes permitted by law. By ordering alcoholic beverages in the online store, the Customer, who is a legal person, confirms that he/she purchases alcoholic beverages for representational purposes or for other purposes permitted by law and that there are no restrictions on the Customer’s purchase of alcoholic beverages as set out in Article 17 (6) and (7) of the Law on Alcohol Control of the Republic of Lithuania.
4.5 The Customer shall be responsible for the accuracy, correctness, completeness and timely correction of the data provided in the order form, and in the event of any change in the data, the Seller shall in no case be liable for any damage caused to the Customer and/or third parties.
4.6 If the Customer notices that he/she has incorrectly indicated the product and/or delivery address on the order form, he/she must immediately inform the Seller. If the Customer has not informed the Seller of the incorrect order, the Customer may only request the return or replacement of the goods in accordance with the procedure set out in these Conditions of Sale and Purchase.
4.7 The Customer, when using the services of the Online Store, undertakes to comply with these Conditions of Sale and Purchase and other terms and conditions, which are expressly stated in the Online Store, and not to violate the legislation of the Republic of Lithuania.
5.1 The Seller shall have the right to cancel the Customer’s order without prior notice if the Customer, having chosen the methods of payment provided for in Clauses 8.3.1 or 8.3.2, 8.3.4 of the Conditions of Purchase and Sale, fails to pay for the goods and services within 3 (three) working days.
5.2 The Seller shall contact the Customer using the details provided in the Online Store Order. The calculation of the delivery time starts from the established contact with the Customer. The Customer’s order may be cancelled without prior notice if (i) the Seller fails to contact the Customer within 2 (two) working days from the date of placing the order, or (ii) the Customer fails to provide the Seller with the required information within the time period specified by the Seller.
6.1 The Seller commits to enable the Customer to use the services provided by the Online Store under the terms and conditions set out in these Conditions of Sale of Purchase and in the Online Store.
6.2 The Seller has the right to change the scope and manner of the services provided without prior notice.
6.3 The Seller undertakes to respect the Customer’s right to privacy, i.e. to process the personal data provided by the Customer only in accordance with the procedure set out in the Conditions of Sale and Purchase and in accordance with the legislation of the Republic of Lithuania.
6.4 The Seller undertakes to deliver the goods ordered by the Customer to the address indicated by the Customer in accordance with the terms and conditions set out in the Sale and Purchase Agreement.
6.5 If the Seller is unable to deliver the goods ordered by the Customer, the Seller undertakes to offer the Customer analogous or, as far as possible, similar goods. If the Customer refuses to accept an analogous or most similar product, the Seller undertakes to refund the money paid by the Customer for the goods within 14 calendar days, provided that the Customer has made a prepayment for the goods.
7.1 The Customer may order the goods and services at www.lokys.lt/deli by selecting one of the following methods:
7.1.1 online at www.lokys.lt/deli (by entering your name, surname, email, address, telephone number);
7.1.2 by phone;
7.1.3 at the restaurant-deli “Lokys”, Stikliu str. 8, Vilnius, Lithuania.
7.2 When ordering goods and services in the manner specified in point 7.1.1, the Buyer must indicate in the relevant information fields provided in the system the Personal Data necessary for the proper execution of the order, which is processed by www.lokys.lt/deli in accordance with the procedure provided for in the Privacy Policy.
7.3 Orders placed by phone or in a restaurant shall be executed in accordance with the procedure set out in the Conditions of Sale and Purchase and shall be subject to the provisions of the Privacy Policy. By placing an order, the Customer agrees to the Conditions of Sale and Purchase and their application.
7.4 When the Customer, after selecting the product to be purchased and forming a shopping cart, completes all the steps of the order, the last of which is the selection and confirmation of the payment method, it shall be deemed that a legal relationship of sale and purchase has been established and a contract of sale and purchase is concluded between the Seller and the Customer. The Customer shall be informed of the confirmation of the order by means of a notification to the e-mail address indicated by the Customer. The Seller shall send the Customer a link to the applicable Conditions of Sales and Purcase together with the confirmation of the order to the e-mail address indicated by the Customer.
7.5 Each Customer’s order shall be stored on www.lokys.lt/deli and in the Seller’s database in accordance with their privacy policies.
8.1 The goods and services sold in the Online Store shall be indicated together with their selling price. The prices of the goods and services in the Online Store shall be quoted in euros including VAT. The price of the goods does not include delivery costs. Delivery costs shall be paid by the Customer who has chosen a specific delivery method.
8.2 The Seller shall be entitled to change the price of the goods and services listed in the Online Store after the order has been placed, if this is due to an increase in the cost of the goods or services, technical errors in the information system in the Online Store or costs associated with the sale of the goods and services to the Customer. In the event of a change in the price of the goods or services, the Seller shall inform the Customer immediately. The Customer shall have the right to object to such change in the price of the goods and services and to cancel the order placed. The Parties agree that any loss resulting from the cancellation of an order shall not be compensated.
8.3 The Customer may pay for the goods and services ordered by one of the following methods (the choice may be limited, so the final list of payment methods applicable to the relevant order is specified in the relevant order):
8.3.1 by electronic banking;
8.3.2 by bank transfer;
8.3.3 by cash or a bank card at the time of collection at the Restaurant;
8.3.4 by using a Paypal account.
8.4 When the Seller receives payment for the Goods and services or confirmation of the financing of the purchase, the order is confirmed.
9.1 The Seller shall be entitled to sell gift cards for which the Customer may purchase goods and services sold by the Seller. No discounts shall be applied to the purchase of gift cards. Gift cards are not redeemable for cash.
9.2 When the Customer pays for goods and services purchased with a gift card that is less than the value of the gift card by means of a gift voucher, the difference in price shall not be refunded to the Customer. Where the Customer pays for the purchase of goods and services with a value greater than the value of the gift card by means of a gift card, the Customer shall pay the Seller the price difference.
9.3 The Customer may use only one gift card per shopping in the Online Store. The number of gift cards is unlimited when purchasing goods and services in the restaurant-deli “Lokys”, Stikliu str. 8, Vilnius, Lithuania.
9.4 The gift card may be used to pay for goods and services (except for alcoholic beverages) of the restaurant-deli “Lokys”, Stikliu str. 8, Vilnius, Lithuania.
9.5 The gift card is valid for 6 months from the date of purchase.
10.1 The goods shall be delivered to the delivery address specified by the Customer via the Seller’s courier, to the Customer’s chosen self-service parcel terminal, or by collecting the order at restaurant-deli “Lokys”, Stikliu str. 8, Vilnius, Lithuania.
10.2 If the goods are delivered to the Customer, the Customer undertakes to accept delivery of the goods by himself or by such other person as may be designated as the Consignee.
10.3 In the event that the Customer is unable to accept the goods himself, including where the Customer or the person designated by the Customer is not available at the delivery address specified in the order for the goods, the Seller’s authorised person (the “Courier”) shall have the right to deliver the goods to any other person of legal age who is present and who has provided a confirmation of payment of the goods or any other document confirming the conclusion of the Contract or the right to accept the items being delivered. In such a case, the Customer shall not be entitled to make any claim against the Seller in respect of the delivery of the goods to the wrong person.
10.4 The goods shall be deemed to have been duly delivered (handed over) to the Customer when a document confirming delivery and/or collection is generated.
10.5 If the goods ordered by the Customer include alcoholic beverages, all goods may be delivered to the Customer on a day of the Customer’s choice no earlier than 10:00 and no later than 20:00, and on a Sunday no earlier than 10:00 and no later than 15:00 (with the exception of the 1st of September, when alcoholic beverages are not delivered).
10.6 If the goods are delivered by Courier to the Customer’s delivery address or collected from the Seller’s point of sale, the Courier or the Seller shall, before handing over the alcoholic beverages to the Customer (or to any other person over the age of 20 years who receives the goods at the delivery address), first assess the Buyer’s sobriety (i.e. whether there are any indications that the person accepting the alcoholic beverages may be suspected of being drunk and/or intoxicated). In the event of any suspicion of the Customer’s intoxication, the alcoholic beverages shall not be transferred to the Customer. In such a case, the delivery of the goods (alcoholic beverages) shall be deemed to be impossible due to the Customer’s fault or due to circumstances under Customer’s control, and the contract for the sale of alcoholic beverages may be terminated at the Seller’s initiative. The alcoholic beverages shall only be handed over to the Customer (or to another person over 20 years of age at the delivery address) if there are no suspicions as to the Customer’s (or another person’s over 20 years of age at the delivery address) intoxication and the Customer (or another person at the delivery address at the time of delivery of the goods) is at least 20 (twenty) years of age and presents a valid ID document (passport of a citizen of the Republic of Lithuania (or a foreign country), identity card of a citizen of the Republic of Lithuania (or a foreign country) or a new-style (issued after 1 November 2005) driver’s license of the Republic of Lithuania) when collecting the goods. If the order contains goods which the person is not entitled to purchase, the Seller shall reclaim the order and resend the order without the goods which the person is not entitled to purchase.
10.7 If the Courier or the Seller establishes that the Customer or any other person collecting the goods at the Customer’s address is not entitled to purchase the ordered goods, the contract for the sale of alcohol shall be deemed not to have been concluded, the goods shall not be handed over to the Customer (or any other person collecting the goods at the Customer’s address), and the money paid for the goods (if paid for at the time of ordering) shall be returned to the Customer (or any person collecting the goods at the Customer’s address) in the manner set out in the Return Policy.
10.8 The quantity of the goods and their packaging shall be checked at the time of delivery of the goods to the Customer. In the event of any shortage in the quantity of the goods, or any damage to the goods and/or the packaging of the goods, you must indicate such shortages in the document confirming the transfer of the goods and immediately inform the Seller in writing at the contact details provided in the Online Store. In this case, any damage caused by the Seller shall be rectified in accordance with the procedures and terms agreed between the Customer and the Seller. Subsequently, no claims concerning the quantity and/or packaging of the goods delivered shall be accepted.
10.9 The Customer shall inform the Seller in writing of any apparent defects in the quality of the goods (damage to packaging, discrepancy in quantity, etc.) immediately, but not later than within 1 (one) day from the date of handover of the goods to it. Otherwise, after the expiry of the time limit, the Customer shall not be entitled to submit to the Seller any claims for obvious defects in the goods handed over.
11.1 Rules for the exchange and return of goods of satisfactory quality purchased at www.lokys.lt/deli:
11.1.1 The Customer shall have the right to withdraw from the Contract, without giving reasons, by notifying the Seller by e-mail shop@lokys.lt no later than within 14 (fourteen) calendar days from the date of delivery of the goods and provided that the limitations on the return of the goods/cancellation of the Contract provided for in Clause 11.2 of the Terms and Conditions of Purchase or in the legislation do not apply.
11.1.2 Upon receipt of the Customer’s request, the Seller shall contact the Customer within 3 (three) working days and agree with the Customer the details of the return of the goods.
11.1.3 Goods of satisfactory quality may only be returned subject to the following conditions:
11.1.3.1 the returned goods are in their original packaging, in the same condition as when delivered, with all the documents and additions provided at the time of delivery;
11.1.3.2 the goods are not damaged by the Customer;
11.1.3.3 the goods are unused and have not lost their merchantable appearance, labels, protective films, etc. are intact;
11.1.3.4 the goods are returned in the same condition as when received by the Buyer;
11.1.3.5 the goods have not lost their usable characteristics.
11.1.4 In the event of return of the goods without fault on the part of the Seller, the delivery charge will not be refunded.
11.1.5 Once the goods have been received and it has been ascertained that they have not been used, the money will be refunded within 14 days to the Customer’s account as stated on the Returns Form.
11.2 The Customer shall not be entitled to return quality products if such products fall within the exceptions defined in the legislation (if the Seller is not obliged to accept such returns under the applicable legislation or if online contracts concluded for the purchase of such products cannot be terminated by the Customer without cause in accordance with the procedure set out in the Conditions of Sale and Purchase). For example, “Lokys” is not obliged to accept returns of high quality perishable products and products with a short shelf life.
11.3 Rules for the exchange and return of goods of unsatisfactory quality purchased at www.lokys.lt/deli:
11.3.1 Defective quality goods are returned in accordance with the Minister of Economy order of June 29, 2001 no. 217 “Regarding approval of the rules for returning and exchanging items” in the approved rules for returning and exchanging items.
11.3.2 If the Customer has been sold goods of defective quality and the seller has not discussed the defects with the Customer, the Customer shall have the right, at the seller’s option, to claim from the seller:
11.3.2.1 reduce the price of the goods accordingly;
11.3.2.2 unilaterally terminate the contract of sale and demand a refund of the money paid for the goods.
11.3.3.3 the Customer shall pay the costs of returning the goods and the Seller, if satisfied that the goods have been returned for defective quality, shall reimburse the Customer for the costs of returning the goods.
11.4 Replacement and return of goods in the event of delivery of the wrong goods:
11.4.1 If the Customer has received the wrong goods, the Customer must notify the Seller immediately, but not later than within 1 (one) working day, by email shop@lokys.lt.
11.4.2 The Seller collects such goods at its own expense and replaces them with suitable goods or refunds the money paid. In the event that the Seller does not have the goods ordered, the Seller shall refund the money paid for the goods to the Customer. The money shall be refunded to the Customer within 14 (fourteen) calendar days.
11.5 Giving the Seller a notice of withdrawal from the Contract in accordance with the procedure set out in this Section, the Customer shall, at his own expense, return the goods to the Seller no later than within 14 (fourteen) calendar days from the day on which he gave the Seller the relevant notice by sending them to the address of Senasis Lokys UAB, Stiklių str. 8, LT-01131 Vilnius, Lithuania.
11.6 The Seller shall have the right not to accept the Customer’s return of the goods if the Customer does not comply with the procedure for returning the goods set out in the Conditions of Sale and Purchase.
12.1 Communication between the Customer and the Seller, including, but not limited to, notices and correspondence, shall be in writing. Notices sent by e-mail shall also be treated as notices in writing. A notification by e-mail shall be deemed to have been received when 72 hours have elapsed from the time of its sending.
12.2 The Seller reserves the right to amend, modify or supplement the Conditions of Sale and Purchase at any time, taking into account the statutory requirements. The Customer, by purchasing goods and services in the Online Store, accepts the amended, corrected or supplemented Conditions of Sale and Purchase. The Customer’s consent shall be expressed by placing an order with the Seller. The possibility to purchase goods and services in the Online Store shall only be made available to Customers who agree to the applicable Conditions of Sale and Purchase. Changes shall not apply to orders already accepted and in progress.
12.3 Disputes relating to the purchase and sale of goods and services in the Online Store shall be settled by negotiation.