1. Under this Contract, hereinafter referred to as the Contract, UAB Apdara, company code 301601544, home address and address for correspondence Stoties g. 10, Švenčionys, LT18123, Lithuania, account No: LT65 4010 0432 0026 4631, Bankas: Luminor bank AS, Bank code (Bank code): 40100, BIC(SWIFT): AGBLLT2X, e-mail: pardavimai@apdara.lt, contact telephone number +370,612 36728 (calls are charged at the rates set by the relevant operator), the State Enterprise Centre of Registers manages the Register of Legal Entities, V. Kudirkos g. 18, LT03105 Vilnius, hereinafter referred to as the Seller, shall hand over the Products to the Buyer and the Buyer shall pay the price of the Products and accept the Products in accordance with the terms and conditions set out in the Contract.
  2. In interpreting the Contract, preference shall be given to the text of the Contract in the Lithuanian language.
  3. The Buyer confirms to the Seller that (i) he is a natural person of at least 18 year and has full legal capacity, or (ii) being a minor between the ages of fifteen and eighteen, has the consent of his/her parents, adoptive parents or guardians to enter into this Contract, except in the case of self-disposal of own funds; or (iii) is duly authorised to enter into this Contract as the representative of a legal or natural person. A Contract concluded by a person who does not comply with the requirements of this clause is void ab initio.
  4. The Buyer enters into this Contract by way of accession in accordance with the following standard terms and conditions of the Sale and Purchase Contract proposed by the Seller. If the Buyer is a consumer and purchases products for personal, family or household purposes, the provisions of the laws and regulations governing consumer rights and retail trade shall apply to the Contract. If the Buyer purchases products for business needs or other needs not related to personal, family or household needs, the provisions of the laws and subordinate legislation governing wholesale purchase and sale contracts shall apply to the Contract and this Contract shall in no way constitute a distribution Contract. The Contract may be subject only either to the provisions of laws and subordinate legislation governing consumer rights and retailing or to the provisions of laws and subordinate legislation governing wholesale sales contracts.
  5. The Seller may unilaterally change the terms of the Contract at any time. The current version of the Terms and Conditions of the Contract shall enter into force on the date of publication thereof on the Website. The Buyer shall be deemed informed of the amendment of the terms and conditions of the Contract on the date of publication of such terms and conditions on the Website. If after the change of the terms of the Contract the Buyer continues to use the Website, it shall be deemed to agree with the current version of the terms of the Contract published on the Website.
  6. The Seller’s Privacy Policy published on the Seller’s Website is an integral part of this Contract. The Buyer provides personal data voluntarily; however, they are necessary for the conclusion of this Contract, as well as for the creation of an Account, as well as for placing orders for products. The Seller processes the Buyer’s personal data as the controller of personal data.
  7. The Buyer may place an order for the purchase of the product using the Seller’s proprietary and managed platform for the provision of the products offered by the Seller, which consists of a group of interconnected websites available on https://www.apdara.lt (https://www.apdara.lt/shop), hereinafter referred to as the Website.
  8. By posting any content on the Site, that is graphics and elements thereof, visual material, photos, descriptions, comments, opinions or statements on the Account or elsewhere on the Website, hereinafter referred to as Content, the Buyer grants the Seller a non-exclusive, royalty-free license to use, store, modify, correct, modify, delete, supplement, publicly perform, display, reproduce and distribute (especially online) this content throughout the world. This right includes the power to grant sub-licences under the terms of the Contract (including the operation and development of the Website), and the power to exercise related rights in the creation, adaptation and translation of a work, either independently or through third parties.
  9. To the Buyer wishing to order or reserve a product on the Website (i), also (ii) enter discount codes which, when applied in accordance with the procedures and conditions laid down in the Contract, lead to a reduction in the price of the product, also (iii) see the prices of individual products ordered and the total price of all products ordered, also (iv) see the delivery costs of the products ordered products, also (v) in order to see the expected delivery date of the products, it is necessary to create a cart of products, hereinafter referred to as the Cart.
  10. The Cart shall be used from the moment the Buyer places the first product in the Cart. The Cart is free of charge and is formed for a single shopping. It shall be closed when the order is placed or when the Buyer voluntarily does not complete the order.
  11. Products selected by the Buyer who has created a Cart and has completed a browsing session but has not paid for the Cart and thus not completed the purchase shall not be reserved and may be unavailable when the Buyer places an order for the selected products again.
  12. The Buyer, who wishes to maintain the session of his browsing on the Website, to collect and save the Buyer’s addresses to which the Products are sent, to store and display the status of the order, as well as to store and display orders, as well as to store and display the history of any other services provided by the Seller, must be logged into his Account on the Website, hereinafter referred to as the Account in the text below. It is not necessary for a Buyer to create an Account in order to place an order for a product on the Website.
  13. A Buyer wishing to create an Account must (i) voluntarily complete a registration form on the Website, providing only correct, up-to-date and complete all required information, also (ii) accept the terms and conditions of this Contract, also (iii) submit the registration form to the Buyer. The Buyer may log in to the Account after receiving the login name, password and other Account login details from the Seller. The Account is provided to the Customer free of charge and in perpetuity.
  14. The Buyer shall have the right to remove the Account at any time and without giving any reason by sending a request to the Seller by e-mail to: pardavimai@apdara.lt or in writing at the address Stoties g. 10, Švenčionys, LT18123 Lithuania. The Seller shall have the right to unconditionally remove the Account created by the Buyer (i) if the Buyer does not log in to the Account or does not perform any activity on the Website for a continuous period of at least two years, also (ii) upon discovery that the same Buyer uses multiple Accounts, also (iii) upon discovery that the Buyer authorises the use of his/her Account by other persons, also (iv) upon discovery that the Buyer is engaging in unauthorised activities while using the Website or otherwise attempting to compromise the operation or stable operation of the Website.
  15. The total value of the order consists of the price of the product as stated on the Website, the delivery costs and the costs of any other additional services chosen by the Buyer, which the Buyer agrees to pay by making the relevant payment confirmations and thereby paying for the order. For orders the value whereof does not exceed EUR 50.00, the Seller may set an administrative fee to cover logistics work, accounting documents, as well as the costs of order processing, the amount of which shall be specified at the time of placing the order.
  16. If the Contract is subject to the provisions of the laws and regulations governing wholesale contracts, the Seller shall have the right to restrict the methods of payment and to demand the advance payment of all or part of the price, regardless of the method of payment chosen by the Buyer and the conclusion of the Sales Contract. In the event that the Buyer wishes to receive a VAT invoice, the Buyer agrees that the VAT invoice may be sent to the email address provided by the Buyer.
  17. The product can only be delivered in the territory of the Republic of Lithuania. A fee is charged for the delivery of the product to the Buyer. The price and delivery time for the product are indicated on the product page of the Website and also at the time of placing the order. The Seller may (i) set a minimum order value at which delivery of the Products is free of charge, or (ii) provide an address on each product page of the Website at which the Buyer can collect the products without paying for delivery; or (iii) various discounts on the delivery price of products.
  18. The prices, or delivery charges, or other discounts applicable to a particular special offer of the Seller valid during a particular period and available to the Buyer under the terms and conditions set out on the Website shall not be aggregated.
  19. The Buyer wishing to place an order with the Seller must (i) provide the following details on the order form: name and surname, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and details, the products selected, their quantity, if any, the types, colours and sizes of the products, if a legal entity is represented, the code number of such legal entity, if such legal entity is a VAT payer, the VAT number, also (ii) the place and method of delivery of the product, also (iii) select the payment method for the order, also (iv) confirm and pay for the order by making an advance payment, electronically or by credit card. The order shall be deemed to be paid after the amount of money has been credited to the Seller’s bank account. The Buyer may modify the order, i.e. add or remove certain products from the Cart or cancel part or all of the order, only before the order has been confirmed and paid for. The Buyer cannot modify or cancel an order once it is confirmed and paid.
  20. Upon receipt of information that an order has been confirmed and paid for by the Buyer, the Seller shall inform the Buyer of the receipt of the order by (i) sending an e-mail to the e-mail address provided by the Buyer, and (ii) by sending an SMS to the telephone number provided by the Buyer, or (iii) by contacting the Buyer by telephone. The Contract shall be deemed to have been concluded when the Seller informs the Buyer of the receipt of the order. When notifying the Seller of the receipt of the order, the Seller shall provide the Buyer with information about the fact that the products collected and paid for in the Buyer’s Cart are being prepared for transfer to the Buyer, or with information about the inability to prepare part or all of the products for transfer, indicating the reasons and informing about the possibility to withdraw from the Contract with respect of part or all of the products.
  21. The total time for delivery of the product to the Buyer consists of the time during which the Seller prepares the order for shipment and the time during which the carrier delivers the product to the Buyer. When ordering several products at the same time with different delivery terms, the delivery term for all products is the longest term specified.
  22. If the provisions of laws and subordinate legislation regulating consumer rights are applied to the Contract, the Buyer chooses the place of transfer and acceptance of the products when forming the order, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall pass to the Buyer from the moment of actual acceptance of the product at the place of transfer and acceptance of the product. Products can only be accepted by the person who made the order or by the person indicated on the order form. When accepting products, it is necessary to have an identity document (identity card, passport, driving licence) in case the carrier delivering the product requests to present such a document.
  23. If the provisions of the laws and subordinate legislation governing wholesale sales contracts are applicable to the Contract, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass to the Buyer from the moment the Seller transfers the Product to the carrier. In this case, the Seller shall not be liable for the loss, defect or damage to the product that occurred between the moment of transferring the product for transport and the moment of its delivery to the Buyer, as well as for the delay of the shipment. In all cases, the Products shall be handed over to the Buyer’s representative on presentation of a passport, employment certificate or original authorisation in the prescribed form.
  24. If the Buyer refuses to accept the product ready for transfer, the Contract shall be deemed to be terminated on the same day for the Buyer’s fault.
  25. The Seller shall hand over to the Buyer the products that comply with the characteristics indicated on each product page.
  26. If at the moment of product acceptance and transfer the Buyer finds any discrepancies between the product accepted from the Seller under this Contract and the product characteristics specified on the Website page of such product, such as inadequate quality, quantity, range, completeness, containers and packaging of the goods, hereinafter referred to as the Defects, the Buyer shall have the right to provide the Seller with information on the Defects of the product in the product transfer-acceptance document and to agree with the Seller on the sending of the product to the Seller for inspection, or, in absence of objective reasons, to agree with the Seller on the inspection of such product at the place where the product is located. If the Seller confirms that the product sold has Defects, the Buyer shall, upon agreement with the Seller, (i) require the replacement of the product, or (ii) remedy the Defects within a reasonable time.
  27. If the provisions of the laws and regulations governing wholesale sales contracts are applicable to the Contract, the Buyer shall inspect the Products at the time of handover and acceptance of the Products and shall note any identified Defects in the Products in the handover and acceptance document. Upon acceptance of the Products, the Buyer may only make claims in respect of Defects in the Products as set out in the transfer-acceptance document.
  28. When the Buyer buys a non-new product, the Seller shall provide all information on the product page of the Website about all the defects of the product. The Buyer shall be reasonably prudent, careful and reasonably diligent when choosing to purchase a non-new product, because if the Buyer accepts a non-new product, the Seller shall not be liable for the Defects of such non-new product, which were indicated when the Buyer formed the order on the page of the non-new product of the Website.
  29. The products offered on the Website may have a manufacturer’s or distributor’s product quality guarantee, which is normally granted for a period of 12 months. In such a case, the detailed terms of the guarantee and its duration shall be indicated on a guarantee sheet issued by the provider of the product quality guarantee and attached to the product. If the product offered on the Website is not new, there is no guarantee of the quality of the product and the Buyer purchases the product as is at his own risk.
  30. If the provisions of the laws and subordinate legislation regulating wholesale sales contracts are applied to the Contract, the Seller’s warranty liability for the product shall be void to the extent permitted by the applicable legal acts of the Republic of Lithuania.
  31. When submitting the product for the purpose of exercising the product quality guarantee, the Buyer shall provide a valid document confirming the product quality guarantee and a document confirming the purchase of the product.
  32. If the Contract is subject to the provisions of laws and subordinate legislation governing consumer rights, the Buyer wishing to withdraw from the Contract shall have the right, within 14 days from the date of delivery of the Product transferred to the Buyer pursuant to the Contract, to (i) inform the Seller by an express statement of withdrawal by email to pardavimai@apdara.lt, or in writing to UAB Apdara, company code 301601544, home address and address for correspondence Stoties g. 10, Švenčionys, LT18123, Lithuania, or by fax +370 38752615, and at own expense or, if the Seller’s offer is made – at the Seller’s expense, to return the product intact, not worn, in the original packaging with all the original labels to the Seller. Upon receipt of the Buyer’s declaration of withdrawal from the Contract and acceptance of the returned product, the Seller shall return the amounts paid by the Buyer, except for additional delivery costs due to the Buyer’s choice of a delivery method other than the Seller’s usual cheapest delivery method and also excluding the Seller’s losses incurred due to the return of the product that does not meet the conditions for return of the product, by transferring such amounts to the bank account from which the Buyer made the payment under the Contract or to another bank account specified by the Buyer.
  33. If the provisions of laws and subordinate legislation governing consumer rights are applicable to the Contract, the Buyer (i) may not withdraw from the Contract for products manufactured in accordance with the special instructions of the Buyer, which are not manufactured in advance and which are manufactured in accordance with the Buyer’s specifications or for his personal needs, also (ii) may not withdraw from the Contract in respect of packaged goods which have been unpacked after delivery and which, because of their unpacking, are no longer suitable for return for health or hygiene reasons, also (iii) the Supplier may not withdraw from the Contract concluded for products which, by their nature, are inextricably mixed with other items after delivery.
  34. If the provisions of laws and subordinate legislation governing wholesale sales contracts are applied to the Contract, the Buyer may withdraw from the Contract only in the cases specified by laws.
  35. If one Party to the Contract fails to perform or improperly performs its obligations, the other Party may, in writing, claim compensation for the losses caused by non-performance or improper performance of obligations and by the failure to comply with the time limits, set an additional time limit for performance or proper performance of the obligation, as well as, if the time limit for performance of all obligations under this Contract has expired or has not expired, but the obligation to perform in kind is not requested, may claim payment of the liquidated damages due to it. If, after the expiry of the additional period of time for performance or due performance, the obligations under the Contract continue to be breached or improperly performed, the aggrieved Party may unilaterally terminate the Contract three calendar days after the date on which the notice of termination is sent to the Party in breach of the Contract.
  36. If the Buyer loses the Account login credentials without informing the Seller, the Seller shall not be liable for the actions of third parties using the Buyer’s Account login credentials.
  37. Disputes arising out of this Contract shall be settled by negotiation and, if no agreement is reached, in accordance with the procedure established by laws.
  38. The law of the Republic of Lithuania shall be applicable to the Contract.

Updated on 31 January 2023