RULES ON THE PURCHASE AND SALE OF GOODS

  1. CONCEPT

1.1 Online Shop - electronic shop, accessible at www.qbuilds.lt/en where the Buyer may purchase the Seller's goods.

1.2 Seller - UAB "Qbuild", legal entity code 306632903, registered office address Savanoriu 178B, LT-03154 Vilnius.

1.3 Buyer - i) legally capable natural person who is of legal age and whose legal capacity has not been restricted by a court decision, or ii) a minor aged between fourteen and eighteen years, with the consent of his/her parents or guardians, who purchases goods in the Online Shop.

1.4 Privacy Policy - an approved document setting out the basic rules governing the collection, storage, processing and retention of Personal Data when using the Online Shop.

1.5 Special Order - a desktop computer with internal components assembled for the Buyer according to the Buyer's individual order, the value of which exceeds 800 Eur.

1.6 Contract means a contract of sale between the Buyer and the Seller in respect of the relevant Goods, which shall come into force from the moment of placing the order. The terms of any contract between the Buyer and the Seller shall be deemed to be in accordance with the terms of the Regulations in force at the time the order is placed and such contracts shall always be performed in accordance with the Regulations in force at the time the order is placed.

1.7 Parties - the Buyer and the Seller.

1.8 The Terms and Conditions – are these "Terms and Conditions of Sale and Purchase of Goods", which shall apply to every purchase made by the Buyer on the www.qbuilds.lt/en website and to every Sale and Purchase Contract concluded between the Buyer and the Seller.

  1. GENERAL PROVISIONS

2.1 The Buyer acknowledges that he/she has read the Terms and Conditions and has ticked the box next to the statement "I accept the Terms and Conditions". The Terms and Conditions thus approved shall become a binding legal document for both Parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of the goods and payment for them, the procedure for the delivery and return of the goods, the liability of the Parties and other conditions relating to the purchase - sale of goods in the Online Shop.

2.2 Only those Buyers defined in Clause 1.3 of the Terms and Conditions shall be entitled to make purchases in the Online Shop. By accepting the Terms and Conditions, the Customer confirms that he/she has the right to purchase goods in the Online Shop, having read the Privacy Policy and the Terms and Conditions of Use.

2.3 The Seller reserves the right to modify, amend or supplement these Terms and Conditions at any time. The Buyer shall be informed of any changes to the Terms and Conditions in the online shop or by e-mail. 

2.4 The contract between the Buyer and the Seller shall be deemed to be concluded when the Buyer forms and submits an order for the goods in the online shop, having first read and accepted these Terms and Conditions.

2.5 If the Seller is required or entitled to provide the Buyer with information or documents by email, it is the Buyer's responsibility to provide the Seller with a working email address that it owns.

  1. ORDERING GOODS

3.1 When ordering goods from the Online Shop, the Buyer shall provide his/her personal data, which shall be processed in accordance with the procedures set out in the Privacy Policy. The following information shall be collected at the time of ordering: name of the natural person, surname, delivery address, telephone number, other additional information that may be relevant for the smooth delivery of the ordered goods.

3.2 When the Buyer selects an item, forms a shopping cart and completes all the steps of the order, the last of which is the selection of the payment method and confirmation that the Buyer has read and understood the Terms and Conditions and undertakes to abide by them, it shall be deemed that a contractual relationship has been established between the Seller and the Buyer, that is to say, the Contract has been concluded. The Buyer shall be informed of the confirmation of the order by means of a notification sent to the e-mail address provided by the Buyer, together with a unique order number. 

3.3 Each order placed by the Buyer shall be stored in the Seller's database as provided for in the Privacy Policy.

  1. BUYER'S RIGHTS

4.1 The Buyer has the right to purchase goods in the Online Shop in accordance with these Terms and Conditions.

4.2 The Buyer has the right to cancel a special order within the first 24 hours of purchase. After 24 hours after the purchase of the goods, the special order may not be cancelled. 

4.3 The Buyer shall have the right to withdraw from the Contract for Goods concluded in the Online Shop and to return the delivered Goods by notifying the Seller in writing no later than 14 (fourteen) calendar days from the date of delivery of the Goods, unless the Seller and the Buyer agree otherwise. The Buyer may exercise this right only if the goods have not been used, damaged or altered from their original appearance.

4.4 The Buyer shall have other rights set out in these Terms and Conditions, the Privacy Policy and the legislation of the Republic of Lithuania.

  1. BUYER'S OBLIGATIONS

5.1 The Buyer is obliged to comply with the rules set out in these Terms and Conditions, the Privacy Policy and other requirements arising from the legislation of the Republic of Lithuania.

5.2 The Buyer is obliged to pay for the purchased goods and to accept them in accordance with the procedure set out in these Terms and Conditions.

5.3 If the Buyer refuses to accept the goods at the time of delivery without valid reasons, the Buyer shall be obliged to bear all costs of returning the goods upon the Seller's request. 

5.4 At the time of delivery of the Goods to the Buyer, the Buyer shall inspect the condition of the consignment and of the Good(s) together with the person delivering the consignment. The Buyer must inspect the goods to ensure that they are undamaged, complete and in the correct condition. The Buyer must note and describe any discrepancies observed in the handover document and, in the presence of the person who delivered the consignment, draw up a report.

  1. SELLER'S RIGHTS

6.1 The Seller may temporarily or permanently suspend the operation of the Online Shop without prior notice to the Buyer.

6.2 The Seller reserves the right to make changes to the products, descriptions, prices, etc., in the Online Shop catalogue.

6.3 If there is reason to believe that the Buyer is attempting to undermine the security of the Online Shop, the operation of the Online Shop, or is in breach of his/her obligations, the Seller shall have the right to restrict or suspend the Buyer's access to the Online Shop without any notice.

  1. OBLIGATIONS OF THE SELLER

7.1 The Seller undertakes to provide all facilities for the smooth use of the Online Shop and for the purchase of the goods therein, the conditions of operation of which are set out in these Conditions.

7.2 The Seller undertakes to deliver the Goods purchased by the Buyer to the address specified by the Buyer in accordance with the delivery method chosen by the Buyer on the terms and conditions set out in these Conditions.

7.3 Where, due to unforeseen circumstances, the Seller is unable to deliver the Goods ordered in the Online Shop, the Seller shall be entitled to terminate the Contract by giving prior notice to the Buyer. In this case, the Seller may offer to purchase a similar product. If the Buyer refuses, the Seller undertakes to refund the money paid to the Buyer's account within 14 calendar days.

7.4 If the Buyer cancels a Special Order within 24 hours, the Seller undertakes to refund the Buyer all monies paid within 14 calendar days, unless the Seller and the Buyer agree otherwise. 

7.5 The Seller may not refund the amount paid by the Buyer until the Goods have been returned to the Seller. 

7.6 The Seller undertakes to provide the Buyer with the information set out in Article 6.228-7 of the Civil Code of the Republic of Lithuania in a clear and understandable manner.

7.7 The Seller undertakes to respect the Buyer's privacy and to process the Buyer's personal data only in accordance with the Terms and Conditions, the Privacy Policy, and the laws of the Republic of Lithuania and the European Union.

7.8 The Seller undertakes to inform the Buyer prior to the placing of the order of any suspension or termination of functions essential to the execution of the order. If the Buyer's order has already been accepted for fulfilment, the Buyer will be informed of the suspension or termination of the essential functions by one of the contact details provided by the Buyer (by telephone, by SMS or by e-mail).

7.9 The Seller undertakes to deliver the Goods ordered by the Buyer and to accept the Buyer's return of the Goods in accordance with the terms and conditions set out in the Conditions. 

  1. PRICES AND PAYMENTS FOR GOODS

8.1 The prices of the Goods in the Online Shop shall be quoted in Euros, including VAT applicable at the time in accordance with the laws of the Republic of Lithuania. 

8.2 Payment for the Goods may be made in one of the following ways:

8.2.1 By credit card. 1.1.1.1.1 When ordering goods in the Online Shop, you may pay by entering the details of your VISA or MASTERCARD payment card.

8.2.2 Electronic Banking. The following electronic banking systems are used to pay for goods in the Online Shop.

8.2.3 Bank transfer. The Buyer may pay for the goods by making a transfer to the bank account of UAB "Qbuild". The Buyer must specify the order number or the prepaid invoice number in the purpose of payment. Qbuild UAB bank account details:

Recipient: UAB "Qbuild"

Bank account number: LT813250062684737448

Bank: UAB "Revolut Bank"

SWIFT / BIC: REVOLT21

Company code: 306632903

Purpose of payment: order or prepaid invoice number

8.2.4 by using the consumer credit agreement service provided by leasing companies.

8.2 Once the order has been confirmed, the delivery and payment methods are visible at the time of order creation.

8.3 By accepting the Terms and Conditions, the Buyer agrees that the documents of purchase of the Goods, i.e. the VAT invoices, which also act as guarantee documents, may be submitted to him electronically to the e-mail address indicated in the Buyer's registration form immediately after the order has been completed. The VAT invoices shall contain the details of the Seller, the goods selected, the quantity, the discounts granted (if any), the final price of the goods, including all taxes, and any other data required by the legislation governing accounting records.

8.4 The Buyer is aware that some of the quantities and prices of the goods displayed in the Online Shop are directly linked to third parties (i.e. suppliers), and that the Seller has limited control over them. The Buyer accepts the risk of possible non-fulfilment of the order if the prices and/or quantities of the goods indicated at the time of ordering are incorrect and it is not possible to purchase them under the conditions indicated. In such cases, the Seller reserves the right to offer similar goods to the Buyer. If the Buyer does not accept the offer of analogous or similar goods, the Buyer grants the Seller the right to terminate the execution of such orders with restitution, i.e. by refunding to the Buyer all monies received, and by reimbursing the Buyer for the costs incurred in the confirmation of the order. 

8.5 The Seller shall be entitled to charge an additional administration fee if the amount of the order is less than the minimum amount specified. The amount of the fee and the minimum basket amount shall be provided at the time of placing the order. 

  1. DELIVERY OF GOODS

9.1 The Buyer must specify the exact delivery address when ordering the Goods.

9.2 Upon receipt of payment, the Seller shall confirm the Buyer's order and commence execution. The Buyer shall be notified of the dispatch of the order by e-mail or SMS.

9.3 The Buyer must collect the Goods himself or must specify in advance that another person will collect the Goods and provide his name. If the Buyer is unable to collect the goods himself or the additional person specified in the comments, but the goods have been delivered to the address specified by the Buyer, the Buyer shall not be entitled to make any claim in respect of the delivery of the goods to the wrong person. In all cases, a valid proof of identity (identity card, passport or new driving license) must be presented at the time of acceptance.

9.4 The Seller undertakes to send to the Buyer goods that are in working order, undamaged and correspond to the description of the goods. The Seller shall not be liable for any damage to the Goods on delivery and shall pass this liability to the delivery company.

9.5 The Seller shall deliver the Goods to the Buyer in accordance with the terms set out in the descriptions of the Goods and the information provided by the Buyer at the time of ordering. 

9.6 The characteristics of all Goods sold shall be set out in the description accompanying each Good. The Seller shall not be liable for the fact that the color, shape or other parameters of the goods in the Online Shop may not correspond to the actual size, shape and color of the goods due to the characteristics of the screen used by the Buyer.

9.7 When ordering the Goods, the Buyer must specify the method of delivery in the Application Form. The Buyer may choose from the following delivery methods:

9.7.1. the Goods may be delivered to the address specified by the Buyer via a courier service ("Omniva" or "DPD");

9.7.2. the Goods may be collected by the Buyer from the Omniva or DPD self-service terminal of the Buyer's choice;

9.7.3. the Buyer may collect the Goods from the Seller's physical premises located at [address]. This method of delivery is available only after receiving an SMS notification that the order is ready for collection. The recommended pick-up time is between 16:00 and 20:00. 

  1. PRODUCT GUARANTEES 

10.1 All goods are subject to the manufacturer's warranty periods. The manufacturer provides a 2-year warranty for each part of the computer and an additional 1-year warranty from Qbuild Ltd. for computers. The warranty period is specified in the warranty certificate or other document confirming the warranty issued to you ("Warranty Document").

10.2 Repairs to Goods that are defective during the warranty period shall be free of charge.

10.3 In the event of a defect, you may contact us for warranty repairs by telephone at +370 (6) 694 4108 or by email at service@qbuilds.lt. 

10.4 When submitting the product for repair, you must present a valid Warranty document and a proof of purchase (invoice).

10.5 The Goods are covered by a legal warranty under the law (under the conditions set out in the Civil Code), which does not limit the terms and conditions of the manufacturer's warranty.

10.6 For further provisions, please refer to the separate document Warranty service rules. 

  1. RETURN OF DEFECTIVE GOODS, RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT

11.1 The return of goods under these Terms and Conditions shall be determined in accordance with the provisions of the Civil Code of the Republic of Lithuania and the Retail Trade Rules.

11.2 Where goods are returned in poor quality, the Seller undertakes to accept them and, if the Buyer does not object, to replace them with similar goods. If the Buyer does not agree to the replacement of the faulty product with a quality product, we will refund the amount paid within 72 (seventy-two) hours. If it turns out that the Seller does not have a similar product, the money paid for the product will be refunded to the Buyer within 72 (seventy-two) hours of this fact.

11.1 Goods that are of good quality, unused, undamaged or have not changed the original appearance of the product may be returned within 14 (fourteen) days from the date of receipt of the Goods (right of withdrawal). However, if the goods sold are found to be of poor quality, non-working or defective and these defects are not due to improper delivery, they shall be rectified, replaced and returned.

11.2 The following conditions must be complied with when returning the goods:

11.2.1 The returned goods must be in their original packaging in good working order (this clause does not apply in the case of returns of faulty goods);

11.2.2 The Goods must be undamaged by the Buyer, unused and in good condition: no damaged labels, no torn protective film, etc. (this clause does not apply to the return of low-quality Goods);

11.2.3 The Goods must be in the same condition as when received from the Buyer (this clause does not apply in the case of returns of defective Goods);

11.2.4 The Goods, in the case of a computer, must not contain any personal information, software or personal settings left by the Buyer. The computer must be restored to factory settings;

11.2.5 The Buyer shall be fully responsible for the smooth and safe delivery of the Goods to the Seller when returning the Goods.

11.3 The Seller shall have the right to refuse to accept the Buyer's return of the goods if the conditions for the return of the goods listed above have not been met.

11.4 Returns shall be made in the manner prescribed by the Seller within 14 (fourteen) days from the date of receipt of the Goods (this clause shall not apply if the return is for goods of poor quality, in which case the return shall be made within the statutory warranty period);

11.5 Money paid for goods accepted by the Buyer but subsequently rejected shall be refunded to the Buyer's account no later than 14 (fourteen) days from the date of the return of the goods to the Seller, unless the Seller and the Buyer agree otherwise. 10.6 If the Buyer, as a consumer, withdraws from the contract in accordance with Article 6.22810, paragraph 9 of the Civil Code, the Buyer shall be obliged to pay to the Seller a pro-rata amount for the services provided up to the moment of the notification of withdrawal, as provided in Article 6.22811, paragraph 9 of the Civil Code.

11.7 The right of withdrawal shall not apply in the following cases:

11.7.1 contracts for packaged goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;

11.7.2. contracts for goods which, by their nature, are indistinguishable from other goods after delivery;

11.7.3. service contracts where the services have been fully provided to you;

11.7.4. contracts for perishable goods or goods with a short shelf life;

11.7.5. contracts for packaged video or audio recordings or packaged software that have been unpacked after delivery;

11.7.6. in other cases, provided for in the Civil Code of the Republic of Lithuania. 

  1. PROCESSING OF PERSONAL DATA AND PRIVACY POLICY

12.1 The Seller shall process the Buyer's personal data in accordance with the Privacy policy. As the Privacy Policy contains important provisions of the Terms and Conditions, it is recommended that the Buyer reads it carefully and makes sure that all the provisions of the Privacy Policy are understood and accepted by him.

  1. LIABILITY OF THE PARTIES

13.1 The Buyer shall be liable for all of his/her actions performed using the Online Shop www.qbuilds.lt.

13.2 When accepting or returning goods, the identity document and the personal data contained therein provided to the Seller's representative by the person accepting or returning the goods shall only be used for the purpose of proper identification of the person.

13.3 The Buyer is responsible for the accuracy of the personal and other data provided at the time of purchase. If the data provided by the Buyer is incorrect or inaccurate, the Buyer shall be solely responsible for the consequences of providing such data and shall be liable to pay all damages incurred by the Seller as a result of the incorrectness or inaccuracy of such data provided by the Buyer.

13.4 If the Buyer accesses other websites via links on the Seller's online shop, the Seller shall not be responsible for, supervise, control or represent the information contained on such other websites or the activities of such other companies, institutions, organizations or any other third parties.

13.5 The Seller shall not be liable for the fact that the size, color, shape or other parameters of the goods in the online store www.qbuilds.lt may not correspond to the actual size, shape, color or other parameters of the goods due to the characteristics of the display (monitor) used by the Buyer.

13.6 The Seller shall be exempt from any liability in cases where the Buyer, regardless of the Seller's requirements and his/her (the Buyer's) own obligations, has not read these Terms and Conditions, although such obligation was foreseen and the opportunity to do so was given to him/her. 

  1. TRANSMISSION OF INFORMATION, COMMUNICATION BETWEEN THE PARTIES

14.1 As used in these Terms and Conditions, the term "in writing" includes e-mails.

14.2 The Buyer shall send an email to the Seller at service@qbuilds.lt to contact the Seller in writing or, where the Terms and Conditions require the Buyer to contact the Seller in writing. The Seller will inform the Buyer of the receipt of the notification in writing (usually by email). Such notification shall also apply to the exercise of the right to withdraw from the distance contract.

14.3 The Seller shall send all notifications to the Buyer to the email address provided by the Buyer in the purchase form.

  1. FINAL PROVISIONS

15.1 These Rules are drawn up in accordance with the legislation of the Republic of Lithuania.

15.2 These Terms and Conditions and the relationship between third parties shall be governed by and construed in accordance with the laws of the Republic of Lithuania.

15.3 Any contract between the Seller and the Buyer shall be subject to these Terms and Conditions together with the documents expressly referred to herein. Any deviation from these Terms and Conditions shall only be valid if it is documented in writing.

15.4 All disputes arising out of the performance of these Conditions shall be settled by negotiation. In the event of failure to reach an agreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.

15.5 In the event that the Buyer disagrees with the Seller's response to the Buyer's written complaint, the Buyer (natural person, consumer) may submit his/her request or complaint regarding the goods purchased at www.qbuilds.lt/en from the Seller to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, telephone: 85 262 67 51, fax: (85) 279 1466, website: www.vvtat.lt), as well as the territorial units of the State Consumer Rights Protection Service in the districts, or fill in the request form on the EGS platform https://ec.europa.eu/odr.

15.6 The Parties shall be excused from the performance of their obligations under these Terms and Conditions if they cannot be performed due to unforeseeable circumstances beyond the control of the Parties (Force majore).

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