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1. General Conditions:
• These sales-purchase conditions for the items
(hereinafter – conditions) regulate the use of the website tomasgold.lt as well
as establish the procedure for shopping at tomasgold.lt. Tomasgold.lt reserves the
right to revise these conditions at any time during the adjustment of this
website. Updated conditions will replace any other previous versions of the
conditions. Using this website the customer confirms that he/she agrees to the
conditions and all their amendments.
The customer confirms that
he/she has read the sales-purchase conditions by checking the box “I have read
the sales-purchase conditions and accept them”.
The customer must comply with
these conditions and shall not violate the legislation of the Republic of
Lithuania.
• These sales-purchase conditions are the legal
document to the parties indicating the rights of the buyer and the seller, the
procedure for purchasing, payment, delivery and return of the items as well as
any other provisions in relation to the sales-purchase of the items at the
online shop tomasgold.lt.
• Legal entities, natural persons who have reached
the age of majority as well as underage persons able to dispose of their own
income independently shall have the right to buy at the online shop
tomasgold.lt (natural persons younger than 16 years of age shall have the consent
of their parents or guardians). The authorised representatives of the persons
indicated in these conditions shall also have such right.
By accepting the conditions
the customer confirms that he/she has the right to buy at the online shop
tomasgold.lt under this clause.
• The customer of the online shop tomasgold.lt is
liable for the correctness of the submitted data. It is necessary to provide
full address of the place of residence upon the registration (it is necessary
not only for the delivery of the items, but also for issuing an invoice for the
purchased items). It is necessary to provide a contact phone number upon
registration. Tomasgold.lt team might contact you for additional information
before the despatch of the order for the clarification of the order. In case of
provision of incorrect data, the use of the website www.tomasgold.lt may be
limited to the customer.
• The customer is responsible for the accuracy of
the delivery data.
The customer must always
indicate accurate delivery address and postcode. In case of the provision of
incorrect or false information, tomasgold.lt team shall not be liable for
possible delivery failures as well as shall have the right to request compensation
for the repeated delivery due to the incorrectly indicated information of the
buyer.
• The seller shall be relieved of any
responsibility in such case, when losses result from the failure of the buyer to
familiarise with these conditions regardless of the recommendations of the
seller and his/her own obligations, even though such opportunity has been given
to him/her.
2. Agreement of Sales-Purchase
of Goods.
3. Procedure for Acquisition of
the Goods
The seller reserves the right
to cancel the order without giving any reasons.
• Payment. The payment is considered to be made
from the moment the funds are actually credited into the bank account of the
seller.
The buyer can choose the
method of payment at the place of delivery of goods, if the delivery is to be made
to the store, in such case, the payment can be made by credit card as well as
cash or the goods can be paid using Paysera or PayPal system. After proper
filling in of payment related boxes and full completion of the payment, the
buyer receives a confirmation of the order by E-mail. If the item is to be
delivered via LP Express parcel terminal, the customer shall pay for the item
using Paysera or PayPal system.
All prices of the goods are
provided VAT inclusive in euros. The buyer receives the purchase documents
(invoices) at the moment of the delivery of the goods.
• Delivery. The goods are delivered throughout
Lithuania and Estonia via LP Express terminals, delivering them to our stores
or through an authorised representative of the seller.
The buyer undertakes to
indicate the exact location for the delivery of goods.
The seller delivers the goods
to the buyer on the terms and rates indicated in the section “Delivery”. These
terms are preliminary and shall not be applied in such cases, when specific
goods are not available at the warehouse of the seller. Moreover, the buyer
also accepts that the seller shall be relieved of the responsibility for the
delay of the delivery of goods due to the unforeseen causes as well as due to
the circumstances beyond the seller’s control.
The seller reserves the right
to deliver the parcel of the products in split deliveries.
The refusal of the customer to
accept the parcel shall be considered as the goods delivered to the
customer.
At the moment of the delivery
of the goods to the buyer, the buyer together with the seller or his authorised
representative (if applicable) shall inspect the condition of the parcel and
the item, and shall sign the document of the transfer-acceptance of the parcel.
After the buyer signs the document of the transfer-acceptance of the parcel, it
shall be deemed that the parcel is handed over to the buyer in proper condition
and there are no damages which can be detected during the external inspection
of the goods. In case it has been noticed that the packaging of the delivered
parcel is damaged, i.e. crumpled, wet or otherwise externally damaged, or the
set of the goods is improper, the buyer shall mark this accordingly in the
document of the transfer-acceptance of the parcel as well as conclude a parcel
damage or non-compliance report of a free form. In case of the failure of the
buyer to carry out these actions, the seller shall be relieved of the
responsibility, and in such case, it shall be deemed that the goods are
delivered in good condition and high quality.
• Return. All goods sold at the online shop
tomasgold.lt are of high quality, tested and have fineness. Items with precious
stones have the certificates of the Lithuanian Assay Office.
The seller refuses to return
money for the goods of proper quality in accordance with the Civil Code of the
Republic of Lithuania and the rules of the retail trade. The seller undertakes
to replace the goods of improper quality with the goods of appropriate quality
or to remedy their defects. In such case, the visual appeal of the item shall
remain intact, the item shall not be damaged or used.
The money shall be returned
after the seller has inspected the returned item and made sure that the item is
not damaged and complies with the terms of return. The money for the returned
goods shall in all cases be transferred only to the bank account of the payer.
In case of failure to comply
with the abovementioned requirements, the seller shall have the right to refuse
to accept the returned item.
IMPORTANT: if you purchased
the item online, your purchase document is the invoice, which you have received
together with the item or by E-mail.
• Replacement. The buyer can replace the purchased
item with the other item of the online shop tomasgold.lt of the same price (not
cheaper) or with the more expensive one (the excess must be paid) after a prior
agreement with the seller by indicated means of communication (contacts).
4. Warranty
• The delivered goods may be slightly different
from the displayed on the Internet; therefore, the customer must carefully read
the information on the item in advance, before confirming the order. In the
meanwhile, every effort is made in order to ensure that the photographs at the
online shop tomasgold.lt depicting the colours, models and styles of the
products correspond to the original products; however, there may be some
differences due to technical limitations trying to recover the colour on the
screens of your computers or phones. Accordingly, tomasgold.lt shall not be
liable in any circumstances for any errors or inaccuracy of the photographs or
graphic images of products posted on the website.
• Weight of the same models can be slightly
different.
• Parameters of the mounted precious stones
indicated on the website (the colour or clearness of a brilliant) in certain
cases may be different from the parameters established for the precious stones
or products by the Lithuanian Assay Office, since when assessing the mounted
products the Lithuanian Assay Office provides a 20% error probability for their
evaluation.
• Warranty is provided only to the goods with the
manufacturer’s defect, and is not provided to the goods otherwise damaged by
accident, improper use, mistreatment, negligence or depreciation.
• Warranty of the manufacturer does not cover the
clauses below:
• Warranty shall not be applicable in case the item
was partially altered by third parties engraving it, adjusting the size of it or otherwise changing
the item.
Tomas Gold does not take any
responsibility for the lost elements or stones.
5. Rights and Obligations of the
Buyer
• The buyer shall have the right to purchase goods
at the online shop tomadgold.lt in the procedure established in these
conditions and other information sections of the online shop.
6. Rights and Obligations of the
Seller
• The seller undertakes to respect the right of the
buyer to the security of his/her data and to use the data of the buyer only in
the procedure laid down in these conditions and the legislation of the Republic
of Lithuania.
• The seller shall have the right to cancel the
order of the buyer without prior notification, provided that the buyer fails to
submit all data necessary for the execution of the order and it is impossible
to contact the buyer using provided phone number or E-mail address, as well as
in case the full payment has not been made. The period for the delivery of goods
in such case shall begin from the moment all information is submitted and/or
the payment is made. The seller shall have the right to cancel the order
without prior notification to the buyer, provided that the seller is unable to
contact the buyer.
The seller shall reserve the
right to:
• Alter the information on the website: the goods,
description of the goods, prices and rules. In case of new clauses of the rules
of the shop tomasgold.lt, they shall come into force immediately after their
publication.
• Limit the access of the customers to use this
website, provided that these rules fail to be followed.
• To hold the persons failing to comply with these
rules or carrying out malicious activities accountable in
accordance with the valid legislation of the Republic of Lithuania.
• To request for the goods to be returned at the
expense of the customer or for the reimbursement of the return (delivery)
services from the customer in compliance with the article 6.367 of the Civil
Code of the Republic of Lithuania.
• To deduct the amount of the provided additional
discount from the amount to be returned to the customer, provided that the
customer used the additional discount of the offer and later cancelled
(returned) at least one item of good quality from the offer to which the
discount was applied.
7. Discrepancies and System
Errors
• The
weight of the products on the website may slightly differ. It will be rounded
up to the benefit of the buyer.
8. Final Provisions
9. Privacy Policy
• General provisions
Tomas Gold, 302861445, in no circumstances shall sell or transfer
your personal data to any third party without your separate consent. No third
party shall offer you its goods or services through the electronic systems
managed by Tomas Gold, 302861445. Tomas Gold, 302861445, shall not use your
personal data for the purposes of the direct marketing. Provided that Tomas
Gold, 302861445, uses your personal data for the purposes of the direct
marketing, your consent shall be received and the possibility to refuse shall
be provided.
Tomas Gold, 302861445, complies with the following main principles
of the processing of personal data:
1. Personal data is collected
for the defined and legal purposes.
2. Personal data is processed
accurately and fairly.
3. Personal data is processed
legally.
4. All information about the
processed personal data is confidential.
When processing and storing
your personal data Tomas Gold, 302861445, implements all organisational and
technical measures which ensure the protection of the personal data against any
accidental or illegal destruction, alteration, disclosure as well as against
any other illegal processing. Personal data is processed in accordance with the
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data.
Personal data is collected and
processed for the following purposes:
1. To process your requests;
2. For the purposes of the
direct marketing – only by providing the possibility to refuse and with a
separate consent;
• The rights of a person
After giving your consent to
process your personal data, you have the right:
1. To request to correct,
destroy or suspend the actions of processing of your personal data, when the
data is being processed without compliance with the abovementioned European
Regulation and other legal provisions;
2. To object for your personal
data to be processed;
3. After receiving your
request regarding the processing of your personal data Tomas Gold, 302861445, will
provide you with an answer no later than within 30 calendar days from the
moment of your application. Only such requests regarding the processing of
personal data are being examined which are submitted by E-mail info@tomasgold.lt;
4. Members/customers of Tomas
Gold, 302861445, shall have the right to apply for information in relation to
their payment history, and removal of the information submitted by them. Such
requests shall be executed within 30 days from the receipt of the letter by
E-mail info@tomasgold.lt;
• Final provisions
Material alterations of this
Privacy Policy shall be sent to the members by E-mail. Tomas Gold,
302861445, shall have the right to alter this Privacy Policy without any prior
notification. If you have any questions regarding the Privacy Policy, you can contact
us by E-mail info@tomasgold.lt at any time.