1. CONCEPTS
1.1. Seller – GETPADEL.EU-UAB “PRS Sportas”, a company established and operating under the laws of the Republic of Lithuania, legal entity code 305832139, registered office address: 8, Visorių g. 8, LT – 08300 Vilnius, Republic of Lithuania, VAT taxpayer code LT100014266711, the data on the company is collected and stored in the Register of Legal Entities of the Republic of Lithuania.
1.2. Customer – a person who buys goods or services in the Store, or uses the Store. A consumer buyer is a natural person, aged 18 years, intending to purchase goods or services from getpadel.eu Lithuania. A business buyer is a natural or legal person intending to purchase goods or services from getpadel.eu Lithuania for purposes related to business or profession. If the Buyer is a legal person, he acts through an authorised representative registered in the Shop in accordance with the procedure set out in the Shop.
1.3. Shop – the electronic shop of GETPADEL.EU, available at www.getpadel.eu.
1.4. Purchase and sale agreement – the contract for the sale of the goods between the Buyer and the Seller in accordance with the rules of sale and purchase of goods in the Shop.
1.5. Terms and Conditions – these distance sale and purchase of goods and services rules, which set out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and services offered by the Seller and the conditions for payment for them, the procedure for delivery and return of goods and services, the liability of the parties and other provisions relating to the purchase and sale of goods and services in the Shop.
2. GENERAL PROVISIONS
2.1.These Terms and Conditions are a binding legal document that sets out the rights, duties and responsibilities between the Buyer and the Seller and other provisions related to the purchase of goods and services offered by the Seller when the Buyer purchases goods or services in the Shop.
2.2. The Buyer can purchase goods and services in the Store only after having read and agreed to these Rules. By confirming acquaintance with the Rules, the Buyer commits to adhere to and implement them. By purchasing goods and services in the Store, the Buyer agrees to the application of the Rules and confirms understanding them. In the event that the Buyer has not read and/or understood the Terms and Conditions or has not agreed to them, the Buyer may not purchase goods and services in the Shop.
2.3. Commercial activities in the Store are conducted from the territory of the Republic of Lithuania.
2.4. The Seller has the right to change the Rules. Changes to the Rules come into effect after their publication in the Store and apply only to orders placed by the Buyer after the amendment of the Rules. The Seller will inform the Buyer about the changes to the Rules (e.g., by email or by providing information in the Buyer’s account in the Store, or by publishing information in the Store, etc.). If the Buyer uses the Store in any way after the publication of the changes to the Rules, it is considered that they agree with all changes to the Rules.
2.5. In these Rules, the term ‘goods’ includes both goods and services, unless clearly specified otherwise or apparent from the context.
3. CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
3.1. The Rules form the basis for making and executing one-time goods purchase-sale agreements. Upon conclusion of a Contract of Sale and Purchase of a particular item in accordance with the Rules, the terms of the Rules shall become the terms of the Contract of Sale and Purchase of such item.
3.2. Goods in the Store can be purchased only by registered Buyers. Before registration, the Buyer must also familiarize themselves with the Store’s Privacy Policy. Once the Customer has registered in the Shop, he/she is deemed to have read the Privacy Policy.
3.3. Registration is performed by filling out a registration form and providing the necessary data (hereafter – Registration Data). The Buyer is responsible for the accuracy, confidentiality, and (or) preservation of Registration Data.
3.4. To purchase goods, the Buyer submits an order in the Store by filling out an electronic order form in the Store and submitting it to the Seller.
3.5. The purchase-sale agreement between the Buyer and the Seller is considered concluded when the Buyer, having acquainted with the Rules, submits an order for goods and pays for it. Failure to pay for an order will result in the contract being deemed not to have been concluded.
3.6. The purchase-sale agreement is valid until the complete fulfillment of obligations. The Purchase and Sale Agreement shall be deemed to be fulfilled when the goods are handed over to the Buyer in accordance with the procedure set out in the Rules and the legislation of the Republic of Lithuania.
3.7. By entering into a purchase-sale agreement, the Buyer commits to pay the price of the goods and accept the goods ordered in the Store. After paying for the order, you will not be able to add more goods to the same order. To order additional goods, you must submit a new order to the Seller. To order additional items, you must place a new order with the seller.
4. BUYER’S RIGHTS AND DUTIES
4.1.The Buyer has the right to:
4.1.1. to purchase in the Shop in accordance with the Rules, other instructions of the Seller and the legislation of the Republic of Lithuania;
4.1.2. The Buyer (in the case of a consumer) shall have the right to withdraw from the Purchase and Sale Agreement concluded in the Shop by notifying the Seller in writing within 14 (fourteen) days at the latest in accordance with the procedure set out in the Civil Code and the present Rules;
4.1.2.1.1.3. to request the Seller to repair or replace goods that are of poor quality and/or incorrectly assembled, or to terminate the Purchase and Sale Agreement and return the goods, to benefit from the warranties applicable to the goods;
4.1.4. to exercise any other rights provided for in the Regulations and/or applicable legislation.
4.2 The Buyer undertakes:
4.2.1. to pay the price of the ordered goods and their delivery, as well as other payments (if any, specified at the time of conclusion of the contract) and to accept the ordered goods;
4.2.2. to inspect and check the ordered goods when accepting them, and to inform the Seller in accordance with the procedure set out in the Regulations of any damage to the consignment, any visible defects in the goods, or any discrepancy in the model or the delivery of goods from that specified in the Order of the Buyer;
4.2.3. to check the quality of the purchased goods and to inform the Seller (by phone +370 678 45112 or by e-mail: info@getpadel.eu) about any defects in the quality of the goods that could not be observed at the time of delivery;
4.2.4. having chosen the delivery service or other services offered by the Seller, to make the conditions for such services available, as well as to pay for such services properly;
4.2.5. to pay the costs of returning the goods, if they are borne by the Buyer according to the procedure established by law;
4.2.6. promptly update the information in case of any change in the Buyer’s Registration Data, delivery details;
4.2.7. not to use the Shop in an unlawful manner, including but not limited to in a manner that may jeopardise the proper functioning, security, integrity or restrict the ability of others to use the Shop;
4.2.8. To comply with other requirements set out in the Rules and the laws of the Republic of Lithuania.
5. SELLER’S RIGHTS AND DUTIES
5.1.The Seller shall have the right to:
5.1.1. cancel the Buyer’s registration if the Buyer violates the essential Rules, in particular – by his actions or inactions endangers or harms the Seller, other Buyers or third parties, the stability or security of the Store;
5.1.2. restrict or prohibit wholesale purchases;
5.1.3. temporarily or permanently discontinue the operation of the Shop, modify the Shop or parts thereof, the whole and any of its contents, change the web address of the Shop’s operation and/or, taking into account the technical capacity of the Shop’s system, have the right to limit the number of registered Buyers; however, this will not affect the Purchase and Sale Agreements entered into and the performance thereof prior to the Seller’s decision to take such actions;
5.1.4. change the Terms and Conditions, prices, conditions of purchase and/or any other instructions relating to the Shop by posting the changes on the Shop; however, the changes will not affect the Purchase-Sale Agreements concluded by the Buyer and their implementation prior to the Seller’s decision to perform these actions;
5.2. The Seller undertakes to respect the Buyer’s privacy and protect his data confidentiality, except in cases specified by the laws of the Republic of Lithuania or the Store’s Privacy Policy.
6. PRICES OF GOODS AND PAYMENT
6.1.The prices of the goods in the Shop and/or on the order are quoted in euros including value added tax.
6.2. Goods are sold to the Buyer at prices valid in the Store at the moment of placing the order. The specific price of the goods and the amount payable by the Buyer are shown after forming the shopping cart. If the Buyer does not agree with the quoted price, he/she may not proceed with the ordering procedure and order the goods.
6.3. The price of goods does not include the cost of goods delivery and services that the Buyer may order separately from the Seller. The delivery service and other services are subject to payment, unless otherwise expressly stated in the Shop.
6.4. Goods purchase documents—order information, VAT invoices—are provided to the Buyer electronically on a durable medium. These electronic purchase documents are valid without the signature of the Seller or the Buyer.
7. DELIVERY OF GOODS
7.1. Goods are delivered in Lithuania, Latvia, and Estonia. The possible methods of delivery of the goods to the Buyer shall be indicated to the Buyer in the Shop by creating a shopping cart and specifying the delivery address.
7.2. Goods delivery service is payable.
7.3. When the Buyer chooses the goods delivery service, the delivery price for the Buyer is indicated at the end of the goods ordering process, before choosing the payment method and/or making the payment. The delivery price shall be paid in advance, together with the payment for the goods.
7.4.When ordering the delivery service, the Buyer must specify the exact place of delivery and provide the appropriate conditions for unloading the goods (unlocking the gates, raising the barrier, opening the door, etc.).
7.5. Before concluding the purchase-sale agreement, the Buyer is informed in advance about the specific goods delivery time. The exact goods delivery date and time interval may be further informed to the Buyer by email and/or phone.
7.6. If the goods are not met by the Buyer at the delivery address specified in the Buyer’s order at the agreed delivery time and within ten minutes after the agreed delivery time, the goods are considered undelivered due to the Buyer’s fault. In such a case, the goods ordered by the Buyer are returned to the Goods Warehouse, and the Seller’s representative agrees on another nearest delivery date with the Buyer.
7.7. Upon receiving the goods, the Buyer must inspect the condition of the shipment’s packaging. If any damage to the shipment’s packaging is found, the Buyer must note this on the delivery confirmation or in the forms provided by the person delivering the shipment. In this case, the goods shall be deemed to have been delivered in damaged packaging, but the delivery has been made properly.
7.8. If a discrepancy in the quality and/or assortment of the goods is found, the Buyer cannot accept the goods that do not meet the quality and/or assortment requirements. The Buyer must note the refusal to accept the goods and any defects found on the delivery confirmation and/or by filling out the forms provided by the person delivering the shipment. If a discrepancy in the quantity of goods is determined, the Buyer must also note the deficiency on the delivery confirmation and/or by filling out the forms provided by the person delivering the shipment.
7.9. If the Buyer accepts the shipment without any remarks, it is considered that the goods were delivered in an undamaged shipment packaging. 7.10. In the case where the Buyer has chosen for the goods to be delivered by the Seller, once the goods are delivered to the address specified by the Buyer, it is considered that the goods have been delivered to the Buyer, regardless of whether the goods are actually received by the Buyer or another person who accepted the goods at the specified address. In the case where the Buyer cannot receive the goods himself, and the goods are delivered to the specified address, the Buyer has no right to claim against the Seller for delivery to the wrong entity. If the goods are not delivered on the scheduled delivery date due to the Buyer’s fault (e.g. the Buyer or another person is not present at the place of delivery at the agreed time), the Buyer shall inform the Seller immediately, but not later than the day after the scheduled delivery date, and the Buyer shall agree with the Seller on a new delivery time.
7.11. The Seller is relieved from liability for failing to meet the delivery terms if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to circumstances dependent on the Buyer.
8. PRODUCT QUALITY AND WARRANTY
8.1.The Buyer is informed that due to the characteristics of the electronic devices used by the Buyer, the technical parameters of the electronic devices (e.g.,
8.2. Goods purchased by consumers are subject to a statutory warranty for goods quality. The Seller also has the right to apply a commercial warranty to specific goods. The term and other conditions of the commercial guarantee are set out in the descriptions of the individual products.
8.3 If the Buyer purchases a defective product, the Buyer shall have the right to choose:
8.3.1. to have the product repaired; or
8.3.2. to require replacement, unless it would be impossible to comply with such a requirement or would cost the Seller a disproportionate amount of money compared with complying with another requirement, taking into account all the circumstances, including the value of the goods (if they are not defective), the significance of the defect and whether the application of a different requirement would cause inconvenience to the Customer.
8.3.3. exercise the right to claim a proportionate reduction in the price of the goods or terminate the Sale and Purchase Agreement in accordance with the conditions set out in Clause 8.8 of the Conditions.
8.4. The Buyer, wishing to utilize the options under section 8.3.1 or 8.3.2 of the Rules, returns the product to the Seller for it to be repaired or replaced. The Buyer, when returning defective goods to the Seller, must provide the Seller with documents confirming the purchase of the goods (receipt or other document confirming the purchase).
8.5. Before returning or exchanging low-quality goods, as well as in cases where high-quality goods are not returned due to withdrawal from the contract, the Buyer (consumer) shall contact the Seller by phone or e-mail (+370 678 45112 or info@getpadel.eu ) and agree on the conditions for returning or exchanging goods.
8.6 The Seller warrants that the repair or replacement of defective goods will be carried out under the following conditions:
8.6.1. free of charge – without any charges for the costs of labour or materials necessary to repair or replace the goods;
8.6.2. within a reasonable time after the Buyer has notified the Seller of the defective quality;
8.6.3. without causing the Buyer significant inconvenience, having regard to the nature of the goods and the purpose for which the Buyer needs the goods.
8.7 The Seller has the right to refuse to ensure the satisfactory quality of defective goods if it is not possible to repair or replace them or if it would incur disproportionate costs to do so, having regard to all the circumstances, including the value of the goods (if they were not defective), the significance of the defect.
8.8 The Buyer shall be entitled to demand a proportionate reduction in the price of the Goods or to terminate the Contract of Sale and Purchase if:
8.8.1. the Seller has failed to repair or replace the Goods or to carry out the repair or replacement in accordance with the requirements of Clause 8.4 of the Regulations or the Seller has refused to ensure that the Goods are of satisfactory quality in accordance with the provisions of Clause 8.8 of the Regulations.7;
8.8.2. the defect has occurred although the Seller has attempted to remedy the defect;
8.8.3. the defect is material;
8.8.4. the Seller has stated, or it is clear from the circumstances, that it will not ensure that the goods are of satisfactory quality within a reasonable period of time or that it will cause the Buyer serious inconvenience.
8.9 The Buyer shall exercise its right to terminate the Sale and Purchase Agreement by giving the Seller a statement expressing its decision to terminate the Sale and Purchase Agreement.
8.10. In the event of termination of the Sale and Purchase Agreement by the Buyer:
8.10.1. the Buyer shall return the Goods to the Seller;
8.10.2. the Seller, upon receipt of the returned Goods or evidence provided by the Buyer that the Goods have been dispatched, shall, not later than 14 (fourteen) days, refund to the Buyer the price paid for the Goods;
8.11. The Buyer shall not be entitled to terminate the Sale and Purchase Agreement if the defect is minor.
8.12. If the Buyer exercises the option to reduce the price of the defective Goods, the reduction shall be made in proportion to the reduction in the value of the Goods received by the Buyer as compared to the value the Goods would have had if the defect had not occurred.
8.13. The Buyer, in order to implement the rights set out in section 8.5 of the Rules, must notify the Seller about the non-conformity of the product’s quality requirements no later than two (2) months from the date of discovery of the non-conformity.
9. RIGHT TO WITHDRAW FROM THE AGREEMENT. RETURN OF GOODS
9.1. The Buyer (consumer) has the right to withdraw from the purchase-sale agreement without stating a reason within 14 (fourteen) days from the day of receiving the goods, or, if the Buyer (consumer) ordered more than one item in a single order and the items are delivered separately, from the delivery (receipt) of the last item, or if the goods are delivered in different batches or parts, from the delivery (receipt) of the last batch or part. This right to withdraw does not apply to contracts specified under article 6.22810 section 2 of the Civil Code. The Buyer can withdraw from the agreement by returning the goods and notifying the Seller via electronic communication means (e.g., email), sending an email to info@getpadel.eu indicating the withdrawal from the purchase-sale agreement. The Buyer’s intent to withdraw must be clear from their message. Buyer must also provide the purchase document (invoice, receipt, etc.) If the Buyer purchased multiple items under one contract, their right of withdrawal applies to all, individually or collectively. Subsequent conditions specified in Rules sections 9.2 to – The conditions set out in clauses 9.13 apply when the goods are returned by the Buyer who is a consumer.
9.2. Goods must be returned to the Seller no later than 14 (fourteen) calendar days after the notice of withdrawal from the purchase-sale agreement has been issued to the Seller. The Buyer is responsible for properly packaging the goods for return. A good is considered properly packaged when it is placed into an additional external package (e.g., a box, bag, wrapped in paper) and this package is securely closed (e.g., taped). The Buyer shall bear the direct costs of returning the goods, unless the Seller, after the receipt of the notice of withdrawal, indicates to the Buyer that the costs of returning the goods shall be borne by the Seller.
9.3. Goods can be returned through intermediaries (couriers) chosen by the Buyer, who must deliver them to the warehouse. Before returning the goods via intermediaries (couriers), the Buyer must contact the Seller by phone or e-mail (phone +370 678 45112 or e-mail info@getpadel.eu) and agree on the return of the goods.
9.4. The Buyer’s payment for the returned goods, including amounts paid for delivery, will be refunded after the goods are returned to the Seller. If only part of the purchased goods is returned, the Buyer will be refunded for the delivery costs proportional to the ratio of returned goods to the non-returned goods prices. The refund will be made in the same manner as the original payment was made (e.g., if the payment was made via bank transfer, the refund will be transferred back to the bank account from which the payment was made), unless the Buyer agrees to a different method of refund proposed by the Seller.
9.5. The Seller shall not be deemed to be in breach of the refund conditions if the Seller is unable to transfer the money due to the Buyer’s fault (delay in returning the goods, inaccurate data, etc.).
9.6. In any case of refund, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer as a result of the Buyer’s having chosen a method of delivery which is different to the cheapest usual method offered by the Seller.
9.7. In cases other than contract withdrawal, when the Buyer is dissatisfied with the goods’ shape, size, color, model, or completeness, goods can be returned according to the rules and laws of the Republic of Lithuania. Certain high-quality goods and services properly provided are non-returnable. A list of such goods is specified in the Government of the Republic of Lithuania’s resolution No. 738 dated July 22, 2014, amending the resolution No. 697 dated June 11, 2001, Amendment of Resolution No 697 “On Approval of Retail Trade Rules”.
9.8. In the case of defective goods sales, the Buyer has the right to exercise the rights set out in section 8.3 the rights set out in point 9.
9.9.When returning goods of suitable quality to the Buyer, the following conditions must be complied with:
9.9.1. the returned goods must be in the original or other kind of neat packaging;
9.9.2. the goods must be undamaged by the Buyer;
9.9.3. the goods must be unused, without loss of merchandiseable appearance (labels intact, protective films not torn off etc.);
9.9.4. The returned good must be in the same set as it was received by the Buyer;
9.9.5. the returned goods do not show any signs of use (e.g. the racket has not been fitted with protective windings or additional accessories and protections);
9.9.6. when returning the goods, it is necessary to present the VAT invoice confirming the purchase of the goods, and to fill in the return request form;
9.10.9, the Seller, upon acceptance of the goods, shall also be entitled to claim from the Buyer a pro rata amount for the decrease in the value of the goods caused by the Buyer’s actions not necessary to determine the nature, characteristics and performance of the goods.
9.11. The Buyer may not return such goods, the possibility of which is not provided for by the legislation of the Republic of Lithuania.
9.12. In case of poorly provided services, the Buyer has the right to demand the elimination of defects in the provision of services, a refund of the price paid for the services, or a reduction in the price of the services.
9.13. Business Buyers return and exchange goods in accordance with the Seller’s confirmed return policies.
10. DISCOUNTS AND PROMOTIONS
10.1.The Seller may, at its sole discretion, initiate various promotions and discounts in the Shop.
10.2. Detailed information related to discounts or promotions is provided in the Store during the specific promotion or when applying the discounts.
10.3. When a Buyer purchases a product for which the Seller provides a certain discount or gift, and the Buyer uses the right to return the product, the Buyer is refunded only the amount actually paid for the product.
10.4. The Seller has the right to unilaterally change or cancel the conditions of promotions or discounts without separate notice. Any changes or cancellations of the terms of promotions and discounts are effective from the moment of their announcement and do not apply to purchase-sale agreements already entered into with the Buyer and their execution.
11. LIABILITY OF THE PARTIES
11.1. When registering in the store, the Buyer must provide their personal data. The Buyer is responsible for the accuracy of the registration data. If the Buyer does not provide his/her personal data and/or does not provide accurate Registration Data and/or does not update it in a timely manner, the Seller shall not be liable for any consequences for the Buyer or any third parties resulting therefrom.
11.2. The Buyer is responsible for transferring registration data to third parties. If a third party uses the services or purchases goods or services using the Buyer’s login data, the Seller considers this person as the Buyer and all related obligations fall on the Buyer.
11.3. The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer’s failure to read the Terms and/or the Purchase and Sale Agreement, despite having been given the opportunity to do so, in accordance with the Seller’s recommendations and obligations.
11.4. If the Seller’s unlawful actions cause damage to the Buyer who is a consumer, the Seller commits to compensating all losses incurred by such Buyer. If the unlawful actions of the Seller have caused damage to a Buyer who is not considered a consumer, the Seller shall only be liable to compensate for the direct damages suffered by such Buyer.
11.5. The Seller is not responsible for the non-fulfillment of the purchase-sale agreement and/or the non-delivery or late delivery of goods if it occurred due to the fault of third parties or due to circumstances that the Seller could not reasonably foresee at the time of concluding the purchase-sale agreement and could not prevent the occurrence of such circumstances or their consequences (force majeure). If the specified circumstances last longer than 1 (one) month, the parties may mutually agree to terminate the purchase-sale agreement.
12. PROVIDING INFORMATION
12.1. The seller sends all notices and other information to the buyer at the email address specified by the buyer. It shall be deemed to have been received by the Buyer 3 (three) hours after it has been sent.
12.2.The Seller shall not be liable for any disruptions in the networks of Internet connection, e-mail service providers, which result in the Buyer not receiving e-mails from the Seller.
12.3. All notices, demands, requests, and questions from the buyer are sent using the contacts specified in these rules.
13. FINAL PROVISIONS
13.1 All information provided on the Seller’s Shop website, including but not limited to these Terms and Conditions, information about the Seller, the goods and services offered and their features, the procedure for exercising the Buyer’s right to withdraw from the Sale and Purchase Agreement, the Seller’s product maintenance services and warranties (if any), shall be deemed to be provided to the Buyer in writing.
13.2 The Terms and Conditions and the Sale and Purchase Agreement between the Buyer and the Seller shall be governed by the law of the Republic of Lithuania.
13.3 The Seller may at any time assign its rights and obligations under these Terms and Conditions to third parties without the Buyer’s consent, but with the Buyer’s consent, provided that if the Seller does so assign, the Buyer’s position shall not be impaired or the scope of the rights and obligations of the Buyer affected by the assignment shall remain unchanged.
13.4. All disputes between the buyer and the seller regarding the rules are resolved through negotiations. If the parties fail to resolve the dispute by negotiation within 15 (fifteen) days, the disputes shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
13.5. The buyer (consumer) may submit a request or complaint regarding goods or services purchased in the store to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax 8 5 279 1466, email tarnyba@vvtat.lt, website www.vvtat.lt, or its regional branches) or fill out a request form on the Online Dispute Resolution platform, accessible at http://ec.europa.eu/odr. This clause does not apply to Business Buyers.
13.6. These rules were updated on February 13, 2023.