Terms of sale

Definitions

1. These e-commerce Terms of sale (hereinafter referred to as the – „Terms“) are mandatory and integral part of the purchase and sale agreement concluded between UAB Novastar LT online store https://www.novastar.lt (hereinafter referred to as the „Seller“) and the customer (hereinafter referred to as the „Buyer“), which acquaint the Buyer with the terms and conditions for the purchase from the Seller and define the rights and obligations of the Seller and the Buyer in connection with the purchase and sale of goods in the online store.
2. Privacy policy - regulates the principles and procedure for the collection, processing and storage of personal data by UAB Novastar LT online store and the Buyer.
3. Buyer - a person who has committed a purchase at the online store www.novastar.lt (hereinafter referred to as „Online store“) and complies with the provisions of clause 2.3 of these Terms.
4. Seller - legal entity UAB "Novastar LT", registered with the Republic of Lithuania state enterprise "Centre of Registers". Legal entity code 304781485, address Kareivių g. 12, Vilnius. VAT payer code LT100011570117.
5. Parties - Buyer and Seller together.
6. Online store - under link www.novastar.lt accessible online store managed by the Seller.
7. Purchase and sale agreement - distance purchase and sale contract concluded between the Buyer and the Seller, which is considered to be concluded from the moment when the Buyer at the Online store www.novastar.lt, having formed a basket of goods, has indicated the delivery address, has chosen the payment method and has agreed (by ticking "I agree to the Terms of sale and Privacy Policy" after having read them) with these Terms and Privacy Policy, click the purchase button.

General provision

1. The Purchase and sale agreement obliges the Seller to sell and deliver the item to the Buyer for the price announced at the Online store, and the Buyer to pay for the item and its delivery in accordance with the conditions stipulated in the Terms.
2. Only those persons who agree to these Terms and Privacy Policy may purchase items in the Online store. The Buyer confirms that he has read the Terms and agrees with them by ticking "I agree to the Terms of sale and Privacy Policy". The Terms thus approved become the legal document defining the relations between the Parties. The Seller has the right to change the Terms, therefore the Buyer must re-familiarize himself with the Terms before purchasing another time. Changes to the Terms take effect from the moment they are posted in the Online Store.
3. The right to shop in the Online store is reserved to:
   1. Capacitated natural persons, i .e. adults who have reached eighteen years of age and whose capacity is not restricted by court.
   2. Minors from the age of fourteen to eighteen with parent consent.
   3. Legal persons.
   4. Authorised representatives of afforementioned persons.
4. By confirming the Terms, the Buyer confirms that he has the right to shop in the Online store.
5. Buyer must familiarize himself with the Privacy Policy published by the Seller before purchasing goods in the Online Store. Buyer expresses his consent / disagreement with the processing of personal data in the manner provided for in the Privacy Policy by ticking / not ticking “I agree to the Terms of Sale and Privacy Policy” checkbox. Buyer cannot shop in the Online store if he doesn’t express his consent with Privacy Policy.

Order of goods, conclusion of Purchase and sale agreement

1. Goods at the Online store can be ordered both by registered and unregistered Online store users.
2. The Buyer has the right to select and order any item from the catalogs of the Online store. Information about the product, its stock and the estimated time of delivery are presented on the product card in the Online store.
3. When ordering a product from the Online store, the Buyer must provide the complete and correct information in the order window. If the Buyer’s personal data has changed and the Seller hasn’t been informed about it, the Buyer assumes all the consequential risk of losses.
4. The Purchase and sale agreement is considered concluded when the Buyer concludes this sequence of actions:
   1. Selected goods are added to the basket.
   2. Delivery method is chosen.
   3. Method for payment of the goods is chosen.
   4. The order is confirmed by the Buyer. If the prepayment method is chosen, the order is paid and the Seller receives the payment.
   5. The Buyer receices a confirmation email letter for the order formulated from the Seller.
5. The Seller, having received the Buyer’s order, has the right to refuse to approve it in cases where any of the Terms are violated and in other cases, the reasons of which are indicated individually to the Buyer.
6. All Purchase and sale agreements concluded between the Buyer and the Seller are stored in the Seller's database and upon Buyer’s request can be provided to him in electronic form.

Buyer‘s rights and obligations

1. The Buyer has the right to in the Online store in accordance with the Rules.
2. The Buyer, using the Online Store, undertakes to comply with these Terms and not to violate the legal acts of the Republic of Lithuania.
3. Buyers have the right to change the purchased item or to cancel the Purchase and sale agreement according to conditions outlined in parts 8-9 of these Terms and in accordance with the procedure provided for in the Civil Code of the Republic of Lithuania.
4. The Buyer has the right to use the warranty for the purchased goods, to change or return the defective goods and other rights enshrined in these Terms and related legal acts of the Republic of Lithuania.
5. The Buyer undertakes to pay for the goods and services purchased in the Online store and receive them in accordance with the procedure provided by the Terms, i.e. be in a specified place at the specified time and accept ordered goods.
6. Buyer is obliged to provide correct data when purchasing or registering in the Online store. If the Buyer’s personal data changes, the Buyer undertakes to update this information without delay.
7. The Buyer undertakes not to transfer its Online store login data to third parties. Upon loss of login data, the Buyer undertakes to inform the Seller not later than within one calendar day.
8. It is forbidden for the same Buyer to register and use several different names in the online store.
9. The Buyer is responsible for all of his actions committed using the Online store. The consequences of the incorrect data provided by the Buyer are the sole responsibility of the Buyer.

Seller‘s rights and obligations

1. The Seller undertakes to provide the Buyer with all conditions for use of the Online store services in accordance with the procedure stipulated by these Terms.
2. The Seller reserves the right, without separate notice, to cancel the Buyer’s order and / or his account and restrict the use of the Online store in cases where the Buyer violates these Terms or legal acts of the Republic of Lithuania and when the Buyer's activities are directed against the safe and stable operation of the Online store.
3. The Seller has the right, without a separate notice, to cancel the Buyer’s order, if chosen the payment methods provided for in Clause 6.2 of the Terms, he does not pay for the goods within three working days.
4. The Seller has the right to change the information provided in the Online Store, including these Terms. The Seller informs about such changes in the Online Store.
5. The Seller undertakes to deliver the goods ordered by the Buyer to the provided address as well as to accept the goods returned by the Buyer in accordance with the Terms.
6. The Seller undertakes to offer to the Buyer an analogic product or a similar product as far as possible comparable to its characteristics in cases where, due to important circumstances, the Seller can not deliver the goods ordered by the Buyer. If the Buyer refuses to accept the proposed similar product, the Seller undertakes to return to the Buyer the money paid for the item (if the Buyer has made an advance payment) within 5 business days.
7. The Seller is not responsible for the actions of third parties when using the Buyer's electronic banking system they enter into the Purchase and sale agreement using Online store services.
8. The Seller is not liable for the actions of third parties using the Buyer’s login data until the Buyer informs the Seller about the loss of his login data. In this case, the Seller has the right to consider that the actions on the Online store were performed by the Buyer.

Price of goods, order of payment and terms

1. The prices of goods on the Online store are indicated in Euro with the current value added tax (VAT).
2. The Buyer can pay for the ordered goods in one of the following ways:
   1. Using Paysera BankLink service;
   2. By enterring a leasing agreement with a company providing leasing services;
   3. By making a bank transfer to the Seller‘s bank account;
   4. By cash at the time of delivery;
   5. By cash or bank card at the pick-up point.
3. Delivery time starts to run from order confirmation. The order is confirmed by informing the Buyer by e-mail: a) after the completion of the order procedure, when Buyer chose to pay during handover of the purchased items; b) upon receipt of the advance payment by the Seller or the approval of the leasing company regarding the financing of the purchase of the goods.
4. The price of the item can not be changed after the confirmation of the order, unless it is adjusted due to technical information systems or evident human error or other objective reasons beyond the control of the Seller. If the Buyer does not agree to purchase the item at a new price, the Buyer has the right to cancel his order within 2 days informing the Seller and recovering the money paid for the item.
5. Purchase documents are submitted to the Buyer by e-mail indicated on the registration or purchase form. These documents, if the Buyer is registered in the Onlince store, are also placed in his personal account.

Delivery of goods

1. Delivery of goods is carried out only in the territory of the Republic of Lithuania.
2. The delivery of the goods to the Buyer is payable. The service price is not included in the price displayed near the item. Shipping rates and conditions are listed here. Parcels up to 30kg are delivered to Buyer's door. Parcels weighing more than 30kg are delivered to the first door.
3. The Buyer has the right to purchase a goods carriage upstairs service separately. The rates and conditions for this service are listed here.
4. The Buyer may choose one of the following offered methods of goods delivery:
   1. Home delivery. Delivery of goods is carried out by the Seller or his authorized partner. By choosing this delivery method, the Buyer undertakes to provide accurate shipping address at the time of ordering the product and be present himself in the designated place and receive the goods at the agreed time. When accepting the goods, the Buyer must provide a personal identity document. The Buyer is not entitled to make any claims to the Seller regarding delivery of goods to another person or other inaccuracies related to the delivery of goods, if the Buyer himself can not accept the goods personally and they have been delivered to the address indicated by the Buyer.
   2. Delivery to self-service parcel terminal. Only shipments weighing less than 30 kilograms can be delivered to Omniva self-service parcel terminals. The parcels in Omniva self-service terminals are stored for 7 days, during which the Buyer undertakes to pick them up upon receipt of the notification about the delivery of the parcel. More information on delivering goods to Omniva self-service parcel terminals is listed here.
   3. Delivery to Novastar pick-up point. Only the Buyer or the person specified by him at the time of making the order can pick up the purchased item in this manner. Having chosen this method of delivery, the Buyer or a person specified by him must present a valid identity document when picking up the item. The Buyer undertakes to pick up the goods ordered in this manner within 3 business days from the moment when the Seller informs by e-mail that the goods are ready for pick up. In the absence of a timely pick up of the item from the pick up point, it will be kept for no longer than 3 (three) business days. To agree on new time for goods pick up the Buyer undertakes to contact the Seller in advance. If the Buyer doesn’t pick up his ordered item within 14 (fourteen) days, the Seller sends the Buyer a message notifying him about intention to cancel Purchase and sale agreement within the next 7 (seven) days. If the Buyer fails to respond to the notice, the Seller terminates the Purchase and sale agreement, deducts from the Buyer’s paid amount the costs associated with storing his ordered item and returns the remaining amount to the Buyer in the bank account indicated by him.
5. The Seller informs the Buyer about the estimated time of delivery of the item in item’s description. The specified terms are preliminary. The specified terms do not apply in cases where goods are not in stock and the Buyer is informed about the lack of goods ordered by him. The Buyer agrees that the delivery terms indicated may vary in the unforeseen and non-Seller related conditions. In such cases, the Seller undertakes to immediately contact the Buyer, inform him about the situation and agree on the new delivery term and other conditions related to the delivery of the goods.
6. The Seller is released from liability for violation of the terms of delivery if, due to the fault of the Buyer or due to factors beyond the Seller, the goods are not delivered to the Buyer or not delivered in a timely manner.
7. The Buyer must check the condition of the shipment with the Seller or his authorized partner at the moment of the delivery of the goods. By signing the delivery document, the Buyer confirms that he has no complaints about the condition of the parcel and its contents and that there are no damages to the items the nature of which is not attributable to the factory defect. The Buyer must leave his notes in the delivery document and, in the presence of the Seller or his authorized partner, to draw up a free-form shipment defect act when it has been affixed that the package has been damaged (wrinkled, wet or externally damaged) and / or the package is incorrect. The Seller is relieved of responsibility for product defects, the cause of which is not due to factory defect or non-conformity of the product, if such defects can be noticed during the inspection of the goods during the transfer of the goods.
8. Goods are delivered to the home of the Buyer and handed over to him upon signing in the dedicated device of the authorized transportation partner. After the Buyer signs for the delivery in the dedicated transportation partner device it is considered that the parcel has been properly delivered and the risk of its failure or breakage is passed to the Buyer.
9. If the goods delivery to the Buyer cannot be performed or if the Buyer doesn’t come to pick them up as specified in paragraph 7.4 of the Terms, the goods are returned to the Seller, the order is cancelled and they Buyer is given back his paid sums except amount paid for the delivery of the goods.

Quality warranty

1. The features of the products sold on the Online store are listed in the description of each item. The product is of adequate quality and complies with the Purchase and sale agreement if:
   1. The product is in accordance with the description given by the Seller and has the same characteristics as the item provided by the Seller as an example or model in the Online Shop.
   2. The product is suitable for uses which that type of product is commonly used for.
   3. The item meets the quality indicators that are commonly common to the items of the same nature and which the Buyer can reasonably expect based on the nature of the item and statements made publicly by the manufacturer, his representative or the Seller, including advertising and item labeling, for the specific characteristics of the product.
2. The Seller is not liable for the fact that the products sold in the Online store do not correspond to the actual shape, size, color or other characteristics of the goods received by the Buyer if the difference is caused due to the features of the display device used by the Buyer.
3. The products purchased by the Buyer are covered by the quality warranty and terms that are stipulated in relevant legal acts.
4. The Seller may provide an additional warranty, the conditions and the duration of which in such cases are indicated in the product description or warranty document. The additional warranty does not in any way change the Buyer's rights by purchasing a product of inappropriate quality.
5. The warranty period starts to run from the time the goods are transferred to the Buyer.
6. In the event of a defective product, for warranty service the Buyer may contact the warranty service providers listed on this page. This information is also provided by e-mail aptarnavimas@novastar.lt and telephone +370 5 214 2939.
7. When submitting the product for repair, the Buyer must provide a document certifying the purchase of a good (a check, an invoice or a leasing contract).
8. In cases where warranty service provider has repaired or changed the product or parts of it quality warranty coverage period continues running from the date of initial purchase.
9. After warranty service the item is stored at the warranty center for three months after the first notification to the Buyer of the completion of the warranty service. The customer is notified by method chosen at the warranty service provider. The Seller or warranty service provider has the right not to store repaired items when three months after first notification to the Buyer have passed. All losses related to this shall be borne by the Buyer.
10. In cases where the legislation denotes the term of use of the products, the Seller undertakes to sell such products to the Buyer in such a way that the Buyer has a real opportunity to use such products before the expiry date.

Right to cancel Purchase and sale agreement, returns and changes of products

1. Defects of the products sold are eliminated, non-quality goods are changed and returned in accordance with the procedure established by the Law on Retail Trade of the Republic of Lithuania.
2. The Buyer wishing to return the item must inform the Seller by e-mail aptarnavimas@novastar.lt and fill out a return document provided by the Seller. The Buyer must deliver to the Seller a completed return document along with the products complete with the equipment and / or parts supplied with the products and a document confirming the purchase.
3. Natural persons who shop in the Online store have the right, without giving a reason, within 14 (fourteen) days of receipt of the goods, to cancel a distance contract or contact concluded not in commercial premises except for the exceptions provided for in paragraph 6.22810 of the Civil Code of the Republic of Lithuania. Returned product must be packed in original packaging, unused, intact and without deterioration in appearance - the product and its packaging must be clean with original undamaged labels, protective bags and films. In any case, the goods may be returned only with such changes as were necessary to inspect the product.
4. The term of cancelation of the contract concluded in the Online store expires after 14 (fourteen) days from the day on which the Buyer or person specified by the Buyer, other than the carrier, receives the ordered item or: a) if the Buyer has ordered more than one item per order and the goods are delivered separately - from the day the Buyer or the person specified by the Buyer, other than the carrier, receives the last item; (b) if the item is delivered in different lots or parts, from the date on which the Buyer or the person named by the Buyer, other than the carrier, receives the last lot or part.
5. In the event of disagreement as to the condition of the returned goods, the Seller has the right to apply to the State Consumer Rights Protection Authority for the examination of the goods. The cost of examining the goods is borne by the guilty party.
6. The Buyer must, without delay and not later than within 14 (fourteen) days after notifying the Seller of the cancelation of the Purchase and sale agreement, send or transfer the goods, gifts that accompanied the goods and any other additional benefits that were gained as a result of sale (if they are of returnable nature) to the Seller or another person authorized by him. The direct cost of returning the goods to the Seller is paid by the Buyer.
7. The Seller must, within 14 (fourteen) days from the day on which he received the Buyer's notice of the cancellation of the Purchase and sale agreement, return the amounts paid for the goods to the Buyer. The seller has the right not to return to the Buyer the amounts paid to him until the goods have been returned and verified by the Seller.
8. The Seller is not obliged to reimburse the Buyer for any additional costs incurred due to the fact that the Buyer has clearly chosen alternative to the cheapest regular shipping method offered by Seller.
9. If the Buyer returns only part of the goods in the purchase document, the part of the delivery fee that is returned to the Buyer is calculated in proportion to the value of the returned goods throughout the value of the purchase document.
10. In case of the Buyer returning goods not at the premises of the Seller, in all cases the money is returned to the Buyer by bank transfer. In case of the Buyer returning good at the premises of the Seller, money can be returned to the Buyer by bank transfer or cash.
11. Upon the Buyer's exercise of the right to cancel the Purchase and sale agreement, the obligations of the Parties to the Purchase and sale agreement expire.
12. After the Buyer cancels the Purchase and sale agreement, additional contracts associated with that agreement are automatically terminated. Additional contracts include contracts whereby the Buyer acquires goods or services related to the Purchase and sale agreement, and these goods are supplied or services provided by the Seller or another person in agreement with the Seller. The Buyer must immediately inform the other contracting party in writing of the termination of the supplementary agreement and provide details of the cancellation of the Purchase and sale agreement.
13. A separate Notice by the Buyer is not required in cases where an additional contract has been concluded with the same Seller who has been notified of the cancellation of the Purchase and sale agreement in accordance with Article 6.228¹⁰ of the Civil Code.

Responsibility

1. The Buyer is responsible for the actions taken using the Online store.
2. The Buyer is responsible for the accuracy of the data submitted on the registration form or during the purchase. The Seller is not liable for the consequences arising from the submission of false or incorrect information by the Buyer.
3. The Buyer is responsible for not transferring his / her login data to third parties. If the Online store services are used by a third party, having logged in the Online store using the Buyer’s login data, the Seller considers this person to the Buyer, except in cases where the Buyer has informed the Seller about the loss of his login data.
4. The Seller is exempted from any liability in cases where the Buyer did not comply with the Seller's recommendations and his own obligations to read the Terms and the Privacy Policy although the Buyer was given such an opportunity.
5. In cases where weblinks to third-party websites are provided on the Online Store, the Seller is not responsible for the accuracy of the information provided on these websites. The Seller is not and can not be held responsible for the content on third-party websites.

Final provisions

1. The Seller reserves the right to suspend, at his own discretion, to supplement, change these Terms and other documents related to the Terms, informing the Buyer thereof in the Online store. The additions or amendments to the Terms come into force from the day of their publication, i.e. from the day they are posted on the Online store.
2. If the Buyer does not agree with the new version of the Terms, with partial additions, amendments, the Buyer has the right to refuse them, provided that the Buyer loses the right to use the Online store services.
3. If after the changes to the Terms the Buyer continues to use the services of the Online store, it is considered the Buyer agrees with the new version of the Terms, amendments or additions.
4. All disagreements regarding the implementation of these Terms shall be resolved by negotiation. Failing to reach an agreement within 30 (thirty) days, disagreements shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
5. These rules are governed by the law of the Republic of Lithuania.