Return rights
11. RETURNS AND EXCHANGES
11.1. Should any of the products be discovered to be faulty upon purchase, the defects shall be eliminated and the defective products shall be replaced and returned in accordance with Resolution Nr. 697 of the Government of the Republic of Lithuania “On the approval of the rules of retail sales”, issued on 11 June 2001.
11.2. In cases specified in Paragraph 11.1 of the Terms and Conditions of Sale and Purchase, the Customer shall observe the following terms and conditions while returning the product:
11.2.1. it is desirable, though not mandatory, that the item be in the original packaging and in orderly condition;
11.2.2. the components of the item to be returned must be the same as when the item was received by the Customer;
11.2.3. the item to be returned must be clean;
11.2.4. the warranty period for item to be returned may not be expired;
11.2.5. the Customer must present a written request to eliminate the deficiencies of the item free of charge, to replace an item of substandard quality with one of suitable quality free of charge, to reduce the price of the item in proportion to the deficiencies, or to unilaterally terminate the contract and refund the price of the item;
11.2.6. the Customer must provide proof of purchase (a receipt, invoice or document confirming the transfer and acceptance of the item).
11.3. The Customer can deliver the products due to be returned for warranty services to one of the centres specified by the Provider during business hours, or post them to the following address via the Provider’s courier or a courier service of their choice: UAB “Vasare”, Vytauto st. 147, 97133 Kretinga, Lithuania. If the Customer sends an item to the Provider to receive a refund, to have the item inspected for defects and to have the defects eliminated, or to replace a faulty item with another, non-faulty one, the shipping/delivery costs shall be covered by the Provider provided the items returned or exchanged are found to be faulty. If the items returned or exchanged are not found to be faulty, the shipping costs shall be borne by the Customer.
11.4. A Customer who is a physical entity has the right, without giving any reason and without incurring any costs other than those set out in Article 6.228(11) of the Civil Code, to withdraw from the contract within ąė (fourteen) days, except for cases specified in Part 2 of Article 6.228(10) of the Civil Code. The Provider grants no such right to a Customer who is a legal entity.
11.5. Should the Customer want to cancel the Sale and Purchase contractin one of the cases specified in Paragraph 11.4 of the Terms and Conditions of Sale and Purchase, he must send an email with a clearly formulated statement of the decision to the following email address: info@velostreet.com. The “Subject”line of the e-mail must contain the number of the VAT invoice issued when the products were purchased, followed by the addition “terminate sale and purchase contract”. When returning the items, one must provide the proof of purchase (VAT invoice).
11.6. When returning an item upon terminating the sale and purchase contract, the Customer must observe the following terms and conditions:
11.6.1. the item to be returned may not have been used;
11.6.2. the item to be returned may not have been damaged or tampered with;
11.6.3. the item to be returned must be in the original intact packaging, except for cases where the changes to the packaging were necessary to inspect the item;
11.6.4. the original labels may not have been removed from the item to be returned;
11.6.5. the components of the item to be returned must be the same as when the item was received by the Customer;
11.6.6. the item to be returned may not have lost its marketable appearance due to the Customer’sfault (except for cases where the changes to the item’s appearance could not be avoided wheninspecting the item). The Provider shall inform the Customer by e-mail within 14 (fourteen) days about whether or not the items returned meet the aforementioned conditions.
11.7. Upon receiving a statement from the Customer as specified in Paragraph 11.5 of the Terms and Conditions of Sale and Purchase, the Provider must immediately confirm to the Customer through a durable medium that the withdrawal notice has been received. The obligation to prove that the requirements for withdrawal from the contract have been complied with shall lie with the Customer.
11.8. In order to replace the returned items with other items, the Customer must indicate the names of the desired items or the references and reasons for the return in the e-mail specified in Paragraph 11.2 of the Terms and Conditions of Sale and Purchase. If the value of the replacement is greater than that of the returned item, the Customer shall pay the difference in price using one of the means specified in Paragraph 8 of the Terms and Conditions of Sale and Purchase. If the value of the replacement is smaller than that of the returned item, the Provider shall reimburse the Customer for the difference in price.
11.9. The Customer’s right to withdraw from the contract after it has been concluded shall not apply to the following contracts: service contracts if the services have been provided to the Customer in full and the Customer had given prior express consent and acknowledgment that he would lose the right to withdraw from the contract after its full execution by the Provider; contracts for products manufactured under the Customer’s special instructions, provided these are not pre-manufactured and are manufactured according to the Customer’s personal choice or directions, or for products clearly tailored to the Customer’s personal needs; contracts for perishable products or products with a short shelf life; contracts for packaged products which were unsealed after delivery and are unsuitable for return due to health or hygiene considerations; contracts for packaged audio or video recordings or packaged computer software that were unsealed after delivery; contracts for the delivery of newspapers, periodicals or magazines, except for subscriptions; contracts for the supply of digital content, where the Customer had given his prior express consent and acknowledgment that he would lose the right to withdraw from the contract.
10.11. The term for withdrawal from the contract expires after 14 (fourteen) days: in the case of a purchase and sale contract - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the order, or: if the Customer has ordered more than one product and the products are delivered separately - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the last product; if the product is delivered in separate consignments or parts - from the date the Customer or a person appointed by the Customer (other than the carrier) receives the last consignment or part.
11.11. In the event of the Customer exercising the right to withdraw from the contract as provided in Paragraph 11.5 of the Terms and Conditions of Sale and Purchase, the Parties shall no longer have theobligation to carry out a distance contract or off-premises contract, or to conclude a distance contract or off-premises contract, if the Customer has submitted a proposal to conclude one.
11.12. The Provider shall, immediately and no later than within 14 (fourteen) days from receipt of the Customer’s withdrawal notice, reimburse the Customer for any of the amounts paid by the latter, including any delivery costs incurred at the time of purchase. The Provider must use the same method of payment for the full refund as the one used by the Customer to pay the Provider, unless the Customer has expressly agreed on a different method and will not incur any additional costs.
11.13. In cases where the Customer returns one or several, but not all of the items, the delivery costs shall not be refunded, provided the price of the delivery does not depend on the quantity, value or other properties of the products. In cases where the price of the delivery depends on the quantity, value or other properties of the product, the Customer shall be refunded for the extra part of the delivery fee, compared to the one that the Customer would have paid if the returned item(s) had not been ordered.
11.14. The Provider is not required to refund the Customer for any additional costs incurred because the Customer had explicitly chosen a delivery method other than the cheapest regular delivery offered by the Provider.
11.15. The Provider may refuse to refund the Customer for the amounts paid by the latter until the products have been returned to the Provider or until the Customer furnishes evidence to prove that the products have been sent to the provider, depending on which occurs first. The Customer shall be informed by email when the Provider receives the returns.
11.16. The Customer shall, immediately and no later than within 14 (fourteen) days from submitting the withdrawal notice to the Provider, send or transfer the products to the Provider or to another person authorized by the latter. The products are to be sent to the following address: UAB “Vasare”, Vytauto st. 147, 97133 Kretinga, Lithuania. The parcel with the returned item must include a letter with the order number and the Customer’s personal details and bank account number. In the event that the Customer chooses to exercise the right to withdraw from the contract, the Customer shall bear the direct cost of returning the products.
11.17. If an off-premises contract was concluded and the product was delivered to the Customer’splace of residence at the time of the contract, the Provider must collect the items at his own expense should the Customer withdraw from the contract, if the item cannot be returned by post, by courier, or through other regular services offered by the mail service provider due to its nature.
11.18. The Customer shall be responsible for a decrease in the value of the product only if the reduction resulted from actions not necessary to determine its nature, properties or functioning. The Customer shall not be held responsible for the decrease in the value of the product if the Provider did not inform the Customer about his right to withdraw from the contract under Paragraph 7 of Part 1 of Article 6.228(7) of the Civil Code.
11.19. If the Customer exercises his right to withdraw from the contract, any supplementary contracts shall be automatically terminated without additional cost to the Customer, except for the costs specified in this article or in Article 6.228(12) of the Civil Code. Supplementary contracts are contracts under which the Customer acquires goods or services related to the present contract, and the goods are supplied or the services are provided by the Provider or by any other person pursuant to an agreement with the Provider. The Customer must immediately notify the other party in writing about the termination of the supplementary contract and provide further details of his withdrawal from the distance contract or off-premises contract. A separate notice from the Customer is not required in cases where the supplementary contract was concluded with the same Provider, and the latter has been notified of the withdrawal from the contract under Article 6.228(10) of the Civil Code.
SAMPLE INFORMATION ON WITHDRAWAL FROM A DISTANCE CONTRACT OR OFF-PREMISES CONTRACT
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 (fourteen) days without specifying any reasons for doing so.
The term for withdrawal from the contract will expire within 14 (fourteen) days from the date you or a person appointed by yourself (other than the carrier) receives the order, or, if you have ordered more than one product and the products are delivered separately, from the date you or a person appointed by yourself (other than the carrier) receives the last product, or, if the product is delivered in separate consignments or parts, from the date you or a person appointed by yourself (other than the carrier) receives the last consignment or part.
To exercise the right of withdrawal, you must inform UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda, website www.velostreet.com, info@velostreet.com. of your decision to withdraw from this contract by submitting an unequivocal statement (e.g. by post, fax or e-mail). The attached sample form is optional. You can fill out and submit the sample withdrawal form or any other unequivocal statement online on our website at www.velostreet.comor send it to our email address at info@velostreet.com. If you decide to use this option, we will immediately confirm that we have received your withdrawal through a durable medium (e.g. by email). To meet the deadline, it is sufficient to send a message about your decision to exercise your right to withdraw from the contract before the end of the withdrawal term.
Effects of withdrawal
If you withdraw from the contract, we will immediately, and in any event no later than 14 (fourteen) days from the date of being informed about your decision to withdraw from the contract, refund the money we have received from you, including the cost of delivery (except for the extra costs for a method of delivery other than the cheapest standard delivery proposed by ourselves). The reimbursement will be carried out using the same payment method as the one chosen for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not need to pay any additional reimbursement fees.
If you withdraw from the contract, you must immediately, and in any event no later than 14 (fourteen) days from the date of informing us about your decision to withdraw from the contract, return the products or transfer them to UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda. The term shall be considered to have been observed if the products are sent back before the end of the 14-day period. In the event of withdrawal from the contract you will have to cover the direct costs of the return.
We may withhold the refund until we receive your return or until you provide evidence to confirm that the products have been sent back, whichever may occur first.
If an off-premises contract was concluded and the product was delivered to the Customer’s residence at the time of the contract, we will collect the products at our own expense if they cannot be returned by post, by courier, or through other mail services due to their nature.
You shall be held liable for the decrease in the value of a product only if the reduction resulted from actions not necessary to determine its nature, properties or functioning.
SAMPLE FORM FOR WITHDRAWAL FROM A DISTANCE CONTRACT OR OFF-PREMISES CONTRACT
(Please complete and return this form only if you wish to withdraw from the contract)
– UAB “Vasare”, registered and operating under the legislation of the Republic of Lithuania, registration No. 152491199, operating at Turgaus sq. 25, LT-91246, Klaipeda
– Please be informed that I am withdrawing from the sale and purchase contract concluded on ____ ______________ 20 ____
Order Nr. concerning the following products,
– Received [date received],
– Buyer name, surname,
– Buyer address,
– Buyer signature (only in paper form),
Date