Rules

I. Main Provisions

The purchase and sale rules (hereinafter referred to as the “Rules”) shall establish the mutual rights, duties and liability of the person purchasing goods in the e-store www.alikante.lt (hereinafter referred to as the “Purchaser”) and AMARIVUS UAB (hereinafter referred to as the “Seller”). By purchasing the goods in the e-store the Purchaser shall accept application of these Rules.

II. Conclusion of the Contract

2.1. The purchase-sale contract between the Purchaser and the Seller shall be deemed to be concluded from the moment when, having formed a basket in the e-store, having indicated the delivery address, having chosen the method of payment and having familiarised with these Rules, the Purchaser clicks on the button “Order” and shall remain in force till full performance of the duties hereunder. In cases where the Purchaser does accept all or any Rules, he must not place an order.

III. Rights and Duties of the Seller

3.1. Rights of the Seller:

3.1.1. If the Purchaser attempts to undermine the operation or stable functioning of the e-store or breaches his obligations, the Seller shall be entitled to restrict, suspend (terminate) the granted access to the e-store without a prior notice and shall not be liable for any related losses incurred by the Purchaser.

3.1.2. The Seller shall be entitled to terminate operation of the e-store on a temporary basis or for an indefinite period of time without a separate notice and shall not be liable for any related losses incurred by the Purchaser.

3.1.3. The Seller shall have the right to unilaterally amend these Rules publishing the new amended Rules on the website of the e-store. The amendments shall come into force from the moment of publication thereof and shall be applicable to all transactions entered into after the publication.

3.1.4. The Seller shall have other rights provided for in these Rules and the legal acts of the Republic of Lithuania.

3.2. Duties of the Seller

3.2.1. The Seller shall undertake to make every effort to create conditions for the Purchaser to properly use the services provided in the e-store. The Seller shall not provide any guarantees that the e-store operates on an uninterrupted basis or that transmission of data is without fault. The Seller shall not be held liable for any losses of the Purchaser in relation to any malfunctions of the e-store and/or faults in transmission of data.

3.2.2. If the Seller cannot provide the ordered good to the Purchaser due to serious circumstances, it shall undertake to offer an analogous good or return the amount paid by the Purchaser within 14 business days. In this case, the Seller shall be released from liability for a failure to deliver the goods.

3.2.3. The Seller shall undertake to comply with the requirements provided for herein.

IV. Rights and Duties of the Purchaser

4.1. Rights of the Purchaser:

4.1.1. The Purchaser shall have the right to purchase goods in the e-store in accordance with these Rules and the legal acts of the Republic of Lithuania.

4.1.2. The Purchaser (customer) shall be entitled to withdraw from the contract of purchase and sale of goods concluded with the Seller in the e-store by giving a written notice to the Seller and delivering the goods within 30 days from the date of delivery of the goods. The Purchaser shall be entitled to withdraw from the contract of purchase and sale of goods with the Seller only if the goods are of high quality, have not been damaged or their appearance has not significantly changed.

4.1.3. The Purchaser shall be entitled to return the goods in any store belonging to ALIKANTE network by logging in to his account and printing the invoice. The goods may also be returned through a courier, the Purchaser should contact by the customer service e-mail or telephone.

4.1.4. The Purchaser shall have other rights provided for in the Rules and the legal acts of the Republic of Lithuania.

4.2. Duties of the Purchaser

4.2.1. The Purchaser shall be obliged to pay the price of the goods and delivery thereof and make other payments (if such payments are indicated at the moment of conclusion of the contract) and accept the ordered goods. The Purchaser shall pay for the goods using his online banking to which a link is provided in the e-store (in case if the Seller and the Purchaser’s bank have concluded the respective agreement) or by making a payment from any other bank to the Seller’s account indicated in the Company’s Details.

4.2.2. In the event of any changes in the data indicated in the Purchaser’s registration form, the Purchaser shall be obliged to immediate update such data.

4.2.3. The Purchaser shall be obliged to confirm the payment order using the Purchaser’s online banking to which a link is provided in the e-store (in case if the Seller and the Purchaser’s bank have concluded the respective agreement) or by making a payment from any other bank and send a notification of the effected payment to the Seller by a separate e-mail immediately after clicking of the button “Order”. If the Seller does not receive information on the payment, the Seller shall be entitled to consider that the Purchaser has withdrawn from the purchase-sale contract. The goods chosen by the Purchaser shall be reserved and the Seller shall start performing the purchase-sale contract only when the Seller receives a notification from the Purchaser’s bank or the Purchaser’s payment for the chosen goods.

4.2.4. When the customer places the goods in the basket, he may use not more than one discount voucher per purchase on the website www.alikante.lt.

4.2.5. The Purchaser shall be obliged to comply with the requirements set forth in the Rules and the legal acts of the Republic of Lithuania.

V. Delivery of the Goods

5.1. The goods shall be delivered in the territory of Lithuania at the expense of the Seller or the Purchaser by the courier company indicated by the Seller.

5.2. The precise delivery price shall depend on the amount of the order and the place; thus, the final amount shall be automatically calculated by the system. Should you have any questions or would like to reach some agreement, do not hesitate to contact by the customer service e-mail info@alikante.lt.

5.3. As a rule, the goods shall be delivered to the address indicated by the Purchaser within 1–3 business days from the receipt of the payment for the goods and transportation of the goods if the goods are available in the Seller’s storehouses. During the festive season, due to an increase in the quantities of delivered goods, the term may be up to 10 business days. The Seller shall not guarantee that, in all cases, the goods shall be delivered during the afore-mentioned time limit, in particular, if the ordered goods are not available in the Seller’s storehouses. Delivery of the goods shall be carried out in the whole territory of the Republic of Lithuania, including the Curonian Spit (Kuršių nerija).

5.4. The exact date and time of delivery of the goods shall be indicated in the notification given by the Seller to the Purchaser by the e-mail address indicated by the Purchaser in the registration form. Thus, by concluding the purchase-sale contract the Purchaser shall undertake to check the mailbox of the afore-mentioned e-mail on a daily basis till receipt of the notification of delivery of the goods.

5.5. At the moment of delivery of the parcel the Purchaser or the Purchaser’s representative, as the case may be, shall be obliged to check the condition of the packaging of the parcel, quantity, quality and range of the goods together with a representative of the transport company.

5.6. After delivery of the goods at the address indicated by the Purchaser, the goods shall be deemed to be transferred to the Purchaser irrespective of whether the goods are actually accepted by the Purchaser or any other person accepting the goods at the indicated address. If the goods are not delivered on the date of delivery of the goods, the Purchaser shall immediately, but not later than on the day following the date of the scheduled date of delivery of the goods notify the Seller. Otherwise, the Purchaser shall be deprived of the right to bring claims in relation to non-delivery or delayed delivery of the goods against the Seller.

VI. Return of the Goods

6.1. If the Purchaser (customer) withdraws from the contract of purchase and sale of the good as provided for in paragraph 3.2 herein above, the good shall be returned at the Purchaser’s expense and the amount paid by the Purchaser for the good shall be repaid within 14 business days from the Purchaser’s written notification of withdrawal of the purchase-sale contract.

6.1.1. The goods shall be returned in the original packaging of the good and parcel together with the documents concerning the good. Prior to returning the goods, the Purchaser must contact the Seller by the indicated telephone or by e-mail info@alikante.lt.

6.1.2. Proper completion and packaging of the goods being returned shall fall within the liability of the Purchaser. If the good is not complete and/or is not properly packaged, the Seller shall not accept the good being returned.

6.1.3. The goods shall not be accepted back if they were used and/or were damaged and/or have lost their commercial appearance (changes in the appearance of the good or packaging thereof necessary for examination of the good shall not be deemed to be material changes in the appearance of the good).

6.2. If the delivered good does not meet the quality requirements and the Purchaser (customer) does not like the shape, size, colour, model or completeness of the purchased good (except for the goods set out in the legal acts which may not be replaced (returned) by the Purchaser by reason that the latter does not like the shape, size, colour, model or completeness of the good), the Purchaser shall be entitled to return the good and recover the paid amount.

6.3. In all cases of returning the goods, the Purchaser shall first apply according to the indicated contact details and, only upon receipt of information from the manager of the store, return the goods through a courier or bring the goods to the indicated ALIKANTE store. In case of bringing the shoes to the store, the invoice must be printed (by logging in to own account). The amount for the goods being returned shall be transferred to the account indicated by you within 10 business days.

VII. General Liability

7.1. The Purchaser shall be liable for correctness of the data provided in the registration form. The Purchaser shall assume liability for the consequences arising as a result of false or inaccurate data provided in the registration form.

7.2. The parties shall be liable for a breach of the purchase-sale contract concluded using the e-store in accordance with the procedure prescribed in the legal acts of the Republic of Lithuania.

7.3. Following the provisions of paragraph 3 of Article 8 of the Republic of Lithuania Law on Electronic Signature, the Purchaser and the Seller shall agree that confirmation of the Purchaser’s actions in the e-store using the data of login to the e-store (identification number) shall have the legal force of electronic signature set forth in paragraph 1 of Article 8 of the Law on Electronic Signature (i.e. shall have the same legal force that a hand-written signature in written documents has and shall be admissible as evidence in court). The Purchaser shall be obliged to keep his data of login to the e-store confidential and not to disclose it, ensure that the data was known only to him and only he used the data, not to transfer the data and not to otherwise provide the possibility to other persons to access or use such data. In case of any suspicions that the login data could be found out by another person, the Purchaser shall immediately notify the Seller of a breach or publication of the data of login to the e-store. All actions carried out using the Purchaser’s identification number shall be deemed to be carried out by the Purchaser and the Purchaser shall assume all liability for the consequences of such actions.

7.4. The Seller shall not be liable for information provided on the websites of other companies even if the Purchaser gets to such websites via the links available in the Seller’s e-store.

7.5. The Seller shall not be liable if the colour, shape or other parameters of the goods displayed in the e-store do not correspond to the real size, shape or colour of the goods due to the properties of the display used by the Purchaser.

VIII. Personal Data Processing

8.1. By clicking the button “Order”, the Purchaser shall certify that he and his representatives (the Purchaser has his representatives’ consents) consent to provide his personal data to the Seller and does not object that the Seller processed the data provided by the Purchaser and/or his representatives for the purposes of identification of the Purchaser and/or his representatives, conclusion and performance of contracts (online trade) and direct marketing. The Seller shall agree that the Purchaser shall not process the personal identification numbers of the Purchaser (if he is a natural person) and his representatives for direct marketing purposes.

8.2. By ticking the box “News subscription” the Purchaser shall state that he and/or his representatives (the Purchaser shall have his representatives’ consents) consent that their personal data provided to the Seller was provided to the third parties chosen by the Seller for direct marketing purposes as described in the sentence below. By ticking the box “News subscription” the Purchaser shall state that he and/or his representatives (the Purchaser shall have his representatives’ consents) agree to receive information and advertising material on the services and goods from the Seller and/or third parties chosen by it to the address and/or by SMS and/or telephone call to the mobile telephone number and/or e-mail address indicated in the registration form and/or another address and/or by SMS and/or telephone call to the mobile telephone number and/or e-mail address indicated by the Purchaser and/or his representatives.

8.3. By clicking the button “Order” the Purchaser shall certify that he (if the Purchaser is a natural person) and his representatives are notified of their right to access their personal data processed by the Seller and know how such data is processed, request to rectify, destroy their personal data or suspend their personal data processing actions where the data is processed not in accordance with the provisions of the laws, object to processing of their personal data.

8.4. By clicking the button “Order” the Purchaser shall certify that he and his representatives are aware that they have the right to refuse to provide their personal data, but they understand that their personal data is necessary and required for unambiguous identification of the Purchaser and/or his representatives for the purposes of conclusion and performance of contracts (online trade) and in the event of a failure to provide personal data and/or consent that the data was processed for the afore-mentioned purposes, the contract cannot be concluded and/or performed.

IX. Communication of Information

9.1. The Seller shall send all notices to the e-mail address indicated in the Purchaser’s registration form.

9.2. The Purchaser shall send all notices and questions by the means of communication indicated in the Seller’s e-store (telephone +370 651 21161 and e-mail info@alikante.lt). Consultations shall be provided during business days from 8:30 to 16:30.

X. Final Provisions

10.1. The Purchaser and the Seller shall agree that all information provided on the website of the Seller’s e-store (including, but not limited to these Rules, information on the Seller, the offered goods and services and properties thereof, the procedure for exercise of the Purchaser’s right to withdraw from the purchase-sale contract, the good care services provided by the Seller and the guarantees (if any) is deemed to be provided to the Purchaser in writing.

10.2. All disagreements arising out of or related to the purchase-sale contract between the Purchaser and the Seller shall be resolved by negotiations. In the event of a failure to reach an agreement, the disagreement shall be resolved under the procedure established in the legal acts of the Republic of Lithuania.

10.3. All textual and graphical information published in the e-store www.alikante.lt shall be stored under the procedure established in the laws of the Republic of Lithuania and shall be deemed to be the intellectual property of the Seller.