1. DEFINITIONS
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: Kęstučio g. 59, LT – 08124 Vilnius, Republic of Lithuania, VAT payer code LT100014266711, data about the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania.
1.2. Buyer – a person buying goods or services in the Store or using the Store. Buyer – consumer is a natural person who has reached the age of 18, intending to purchase goods or services from getpadel.eu Lithuania. Buyer – businessperson 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 entity, it acts through an authorized representative registered in the Store in the established procedure.
1.3. Store – the electronic GETPADEL.EU store, accessible at www.getpadel.eu.
1.4. Purchase–sale agreement – a goods purchase-sale agreement concluded between the Buyer and the Seller in accordance with the Store purchase-sale rules.
1.5. Rules – these distance goods purchase-sale rules, which establish the rights and obligations of the Buyer and the Seller, the conditions for the purchase and payment for the goods and services offered by the Seller, the procedure for delivery and return of goods and services, the liability of the parties, and other provisions related to the purchase-sale of goods and services in the Store.
2. GENERAL PROVISIONS
2.1. These Rules are a mandatory legal document that establishes the mutual rights, obligations and liability of the Buyer and the Seller, and other provisions related to the purchase-sale of the goods and services offered by the Seller when the Buyer purchases goods or services in the Store.
2.2. The Buyer may purchase goods and services in the Store only after having familiarized himself/herself with and agreed to these Rules. By confirming that he/she has familiarized himself/herself with the Rules, the Buyer undertakes to comply with and follow them. By purchasing goods and services in the Store, the Buyer agrees to the application of the Rules and confirms that he/she has understood them. In the event that the Buyer has not read and/or understood the Rules or has not agreed to them, he/she may not purchase goods and services in the Store.
2.3. Trading activities in the Store are carried out from the territory of the Republic of Lithuania.
2.4. The Seller has the right to change the Rules. Amendments to the Rules enter into force after their publication in the Store and apply only to those orders which the Buyer places after the amendment of the Rules. The Seller will inform the Buyer about amendments to the Rules (e.g., by e-mail and/or by providing information in the Buyer’s account in the Store, and/or by publishing information in the Store, and/or otherwise). If, after the publication of amendments to the Rules, the Buyer uses the Store in any way, it is deemed that he/she agrees with all amendments to the Rules.
2.5. Hereinafter in the Rules, the term “goods” includes both goods and services, unless otherwise expressly stated or clearly evident from the context.
3. CONCLUSION OF THE PURCHASE-SALE AGREEMENT
3.1. The Rules are the basis for the conclusion and performance of one-time purchase-sale agreements for goods. Upon concluding the purchase-sale agreement for a specific item in accordance with the procedure established by the Rules, the terms of the Rules become the terms of that purchase-sale agreement for such item.
3.2. Only registered Buyers may purchase goods in the Store. Before registration, the Buyer must also familiarize himself/herself with the Store’s Privacy Policy. Once the Buyer has registered in the Store, it is deemed that he/she has familiarized himself/herself with the Privacy Policy.
3.3. Registration is performed by filling in the registration form and providing the necessary data therein (hereinafter – Registration data). The Buyer is personally responsible for the correctness, confidentiality and/or preservation of the Registration data.
3.4. In order to purchase goods, the Buyer places an order in the Store by filling in the electronic order form available in the Store and submitting it to the Seller.
3.5. The purchase-sale agreement between the Buyer and the Seller is deemed concluded when the Buyer, having familiarized himself/herself with the Rules, places an order for the item and pays for it. If the order is not paid for, the agreement is deemed not concluded.
3.6. The purchase-sale agreement is valid until full performance of the obligations. The purchase-sale agreement is deemed performed when the goods are transferred to the Buyer in accordance with the procedure established by the Rules and the legal acts of the Republic of Lithuania.
3.7. By concluding the purchase-sale agreement, the Buyer undertakes to pay the price of the goods and accept the goods ordered in the Store. After paying for the order, you will no longer be able to add more goods to the same order. If you wish to order additional goods, you must submit a new order to the Seller.
4. BUYER’S RIGHTS AND OBLIGATIONS
4.1. The Buyer has the right to:
4.1.1. purchase in the Store, complying with the Rules, other instructions of the Seller and the legal acts of the Republic of Lithuania;
4.1.2. the Buyer (when he/she is a consumer) has the right to withdraw from the purchase-sale agreement concluded in the Store by notifying the Seller in writing no later than within 14 (fourteen) days in the manner established by the Civil Code and these Rules;
4.1.3. request the Seller to repair or replace defective and/or improperly completed goods, or to terminate the purchase-sale agreement and return the item, use the warranties applicable to the goods;
4.1.4. other rights provided for in the Rules and/or applicable legal acts.
4.2. The Buyer undertakes to:
4.2.1. pay the price of the ordered goods and their delivery, as well as other payments (if such are specified when concluding the agreement) and accept the ordered goods;
4.2.2. upon accepting the goods, inspect and check them, and also inform the Seller in accordance with the procedure established by the Rules about damage to the shipment, clearly visible defects of the goods, mismatch of the model or configuration of the goods with the Buyer’s order;
4.2.3. check whether the purchased item is of good quality and inform the Seller (tel. +370 678 45112 or by e-mail: info@getpadel.eu) about any observed quality defects of the item that could not be noticed at the time of transfer of the item;
4.2.4. if the delivery service of goods or other services offered by the Seller is chosen, create the conditions for their provision, as well as properly pay for such services;
4.2.5. pay the costs of returning the item if, in accordance with legal acts, they are borne by the Buyer;
4.2.6. immediately update the information if the Buyer’s Registration data or goods delivery data have changed;
4.2.7. not use the Store unlawfully, including, but not limited to, in a way that may endanger the proper operation, security, integrity of the Store or limit the ability of other persons to use the Store;
4.2.8. comply with other requirements established in the Rules and the legal acts of the Republic of Lithuania.
5. SELLER’S RIGHTS AND OBLIGATIONS
5.1. The Seller has the right to:
5.1.1. cancel the Buyer’s registration if the Buyer violates the essential Rules, first and foremost – by his/her actions or omissions poses a threat or causes damage to the Seller, other Buyers or third parties, to the stability or security of the Store;
5.1.2. limit or prohibit wholesale purchases;
5.1.3. temporarily or permanently discontinue the operation of the Store, change the Store or individual parts thereof, all and any of its content, change the internet address of the Store’s operation and/or, taking into account the technical capacity of the Store system, has the right to limit the number of registered Buyers; however, this will not affect the purchase-sale agreements concluded by the Buyer prior to the Seller’s decision to take these actions and their implementation;
5.1.4. change the Rules, prices of goods, purchase conditions and/or any other instructions related to the Store by publishing the changes in the Store; however, the changes will not affect the purchase-sale agreements concluded by the Buyer prior to the Seller’s decision to take these actions and their implementation;
5.2. The Seller undertakes to respect the Buyer’s privacy, to protect the confidentiality of his/her data, except in the cases established by the laws of the Republic of Lithuania and/or the Store’s Privacy Policy.
6. PRICES OF GOODS AND PAYMENT
6.1. The prices of goods in the Store and/or in the order are indicated in euros, including value added tax.
6.2. The goods are sold to the Buyer at the prices valid in the Store at the moment the order is submitted. The specific price of the goods and the amount payable for the goods are shown to the Buyer after the shopping cart is formed. If the Buyer does not agree with the indicated price, he/she may not continue the goods ordering procedure and order the goods.
6.3. The price of the goods does not include the delivery price of the goods and the price of services which the Buyer may order separately from the Seller. The goods delivery service and other services are paid, unless otherwise clearly indicated in the Store.
6.4. Documents for the purchase of goods – order information, VAT invoices – are provided to the Buyer in electronic form on a durable medium. These electronic purchase documents are valid without the signature of the Seller and/or the Buyer.
7. DELIVERY OF GOODS
7.1. Goods are delivered in Lithuania, Latvia and Estonia. The available methods of delivery of goods to the Buyer are indicated to the Buyer in the Store after the shopping cart is formed and the delivery address is specified.
7.2. The goods delivery service is paid for.
7.3. If the Buyer chooses the goods delivery service, the delivery price is indicated to the Buyer at the end of the goods ordering process, before choosing the payment method and/or making the payment. The goods delivery price is paid in advance, together with the payment for the goods.
7.4. When ordering the goods delivery service, the Buyer must specify the exact place of delivery of the goods and create suitable conditions for unloading the goods (unlock gates, raise a barrier, open doors, etc.).
7.5. Before concluding the purchase-sale agreement, the Buyer is informed in advance about the delivery time of the specific goods. The Buyer may additionally be informed by e-mail and/or by phone about the exact date and time interval of delivery of the goods.
7.6. If, at the agreed delivery time and within a period of 10 (ten) minutes after the agreed delivery time, the Buyer does not meet the Seller’s representatives at the delivery address specified in the Buyer’s order, the goods are deemed not delivered 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 with the Buyer on the next nearest delivery date.
7.7. Upon accepting the goods, the Buyer must check the condition of the shipment packaging. If damage to the shipment packaging is detected, the Buyer must note this in the delivery confirmation or in the forms provided by the person who delivered the shipment. In such a case, it is deemed that the goods were delivered in damaged packaging, but the delivery of the goods was properly completed.
7.8. If a mismatch in the quality and/or assortment of the goods is detected, the Buyer may not accept the goods that do not comply with the quality and/or assortment. The Buyer must note the refusal to accept the goods and the detected violations in the shipment delivery confirmation and/or by filling out the forms provided by the person who delivered the shipment. If a mismatch in the quantity of goods is detected, the Buyer must also note the shortage of goods in the shipment delivery confirmation and/or by filling out the forms provided by the person who delivered the shipment.
7.9. If the Buyer accepts the shipment without remarks, it is deemed that the goods were delivered in undamaged shipment packaging. 7.10. In the event that the Buyer chose that the goods be delivered by the Seller, once the goods are delivered to the address specified by the Buyer, it is deemed that the goods have been transferred to the Buyer, regardless of whether the goods are actually accepted by the Buyer or by any other person who accepted the goods at the specified address. In the event that the Buyer himself/herself cannot collect the goods, and the goods are delivered to the specified address, the Buyer has no right to make claims against the Seller regarding delivery of the goods to an improper recipient. If, on the planned day of delivery of the goods, the goods are not delivered due to the Buyer’s fault (e.g., the Buyer or another person is not at the delivery location at the agreed time), the Buyer shall immediately, but no later than the next day after the planned day of delivery of the goods, inform the Seller thereof and the Buyer and the Seller shall agree on a new delivery time.
7.11. The Seller is released from liability for breach of the deadlines for the delivery of goods 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. QUALITY OF GOODS 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., the screen resolution of the computer used by the Buyer or other) or other technical reasons and reasons beyond the Seller’s control, the goods displayed in the Store and visible through the Buyer’s electronic devices may not fully correspond in their parameters to the actual characteristics of the goods specified in the Store (e.g., shades), taking into account minor possible discrepancies in the appearance of the goods.
8.2. The statutory quality guarantee for goods applies to goods purchased by Buyers (consumers). The Seller also has the right to apply a commercial guarantee to specific goods. The term of the commercial guarantee and other conditions are specified in the descriptions of the specific goods.
8.3. If the Buyer purchases a defective item, the Buyer has the right to choose:
8.3.1. to demand that the item be repaired; or
8.3.2. to demand that it be replaced, except in cases where such a demand would be impossible to fulfill or the Seller would incur disproportionate costs in comparison with the implementation of another demand, taking into account all circumstances, including the value of the item (if it had no defects), the significance of the item’s defect, and whether the application of another demand would cause inconvenience to the Buyer.
8.3.3. under the conditions set out in point 8.8 of the Rules, exercise the right to demand a proportionate reduction in the price of the item or to terminate the purchase-sale agreement.
8.4. In order to make use of point 8.3.1 or 8.3.2 of the Rules, the Buyer returns the item to the Seller so that it can be repaired or replaced. When returning defective goods to the Seller, the Buyer must provide the Seller with documents confirming the purchase of the item (a receipt or another document confirming the purchase).
8.5. Before returning or replacing defective goods, as well as in cases where quality goods are returned not due to withdrawal from the agreement, the Buyer (consumer) contacts the Seller by the telephone number or e-mail specified by him/her (tel. +370 678 45112 or e-mail info@getpadel.eu ) and agrees on the conditions for returning or replacing the goods.
8.6. The Seller ensures that the repair or replacement of defective goods will be carried out under the following conditions:
8.6.1. free of charge – without charging fees for labor or materials necessary to repair or replace the goods;
8.6.2. within a reasonable period of time from the moment the Buyer informed the Seller about the improper quality;
8.6.3. without causing major inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the item is needed by the Buyer.
8.7. The Seller has the right to refuse to ensure the proper quality of a defective item if it cannot be repaired or replaced, or if this would incur disproportionate costs, taking into account all circumstances, including the value of the item (if it had no defects), the significance of the item’s defect.
8.8. The Buyer has the right to demand a proportionate reduction in the price of the item or to terminate the purchase-sale agreement if:
8.8.1. the Seller did not repair or replace the item or did not carry out the repair or replacement in accordance with the requirements set out in point 8.4 of the Rules, or the Seller refused to ensure the proper quality of the item in accordance with point 8.7 of these Rules;
8.8.2. the defect arose even though the Seller attempted to eliminate the defect in the item;
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 the proper quality of the item within a reasonable period of time or that this will cause major inconvenience to the Buyer.
8.9. The Buyer exercises the right to terminate the purchase-sale agreement by submitting to the Seller a statement expressing the decision to terminate the purchase-sale agreement.
8.10. If the Buyer terminates the purchase-sale agreement:
8.10.1. the Buyer must return the item to the Seller;
8.10.2. the Seller, upon receiving the returned item or evidence provided by the Buyer that the item has been sent, must return the price paid for the item to the Buyer no later than within 14 (fourteen) days.
8.11. The Buyer has no right to terminate the purchase-sale agreement if the defect is minor.
8.12. If the Buyer uses the option of reducing the price of a defective item, the reduction in price is carried out proportionally to the decrease in the value of the item received by the Buyer, compared with the value the item would have if it had no defects.
8.13. In order to exercise the rights set out in point 8.5 of the Rules, the Buyer must notify the Seller about the non-conformity of the item to the quality requirements no later than within 2 (two) months from the day of detection of the non-conformity.
9. RIGHT TO WITHDRAW FROM THE CONTRACT. RETURN OF GOODS
9.1. The Buyer (consumer) has the right, without stating a reason, within 14 (fourteen) days from the day of delivery (receipt) of the item, or if the Buyer (consumer) ordered more than one item in one order and the items are delivered separately, from the day of delivery (receipt) of the last item, or if the item is delivered in different batches or parts, from the day of delivery (receipt) of the last batch or part, to withdraw from the purchase-sale agreement concluded by means of electronic communication, except for agreements specified in Article 6.22810(2) of the Civil Code. The Buyer may withdraw from the agreement by returning the item and notifying, by means of electronic communication (e-mail, etc.), by sending an e-mail to info@getpadel.eu a notice of withdrawal from the purchase-sale agreement to the Seller. The Buyer’s intention to withdraw from the agreement must be clear from the notice. The Buyer must also submit the purchase document (invoice, receipt, etc. If the Buyer has purchased several goods under one agreement, the right of withdrawal applies both with respect to all goods and with respect to one or several goods. The conditions specified in points 9.2. – 9.13 of the Rules below apply when the goods are returned by a Buyer who is a consumer.
9.2. Goods are returned to the Seller no later than within 14 (fourteen) calendar days from the submission of the notice of withdrawal from the purchase-sale agreement to the Seller. The Buyer is responsible for proper packaging of the item for return. The item is deemed properly packaged when it is placed in additional outer packaging (placed in a box, bag, wrapped in paper, etc.) and this packaging is tightly closed (for example, sealed). The Buyer bears the direct costs of returning the item, unless the Seller, after receiving the notice of withdrawal from the agreement, informs the Buyer that he/she will bear the return costs himself/herself.
9.3. Goods may be returned via 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 the specified telephone number or e-mail (tel. +370 678 45112 or e-mail info@getpadel.eu) and agree on the return of the goods.
9.4. The money for the returned item, including the sums paid by the Buyer for delivery, is returned to the Buyer after the goods are returned to the Seller. If only part of the purchased goods is returned, the Buyer is refunded the delivery costs proportionate to the ratio of the prices of the returned goods and the goods not returned. The money is refunded to the Buyer in the same way as the Buyer purchased the goods (e.g., if payment for the goods was made by bank transfer, the money is returned to the Buyer by bank transfer to the bank account from which the payment was received), unless the Buyer agrees to another refund method proposed by the Seller.
9.5. The Seller is not considered to have violated the refund conditions if he/she cannot transfer the money due to the Buyer’s fault (delay in returning the goods, inaccurate data, etc.).
9.6. In any return case, the Seller is not obliged to reimburse the Buyer for additional costs incurred because he/she chose a different delivery method than the cheapest standard delivery method offered by the Seller.
9.7. In cases other than withdrawal from the agreement, when the Buyer does not like the shape, size, color, model or completeness of the goods, the goods may be returned in accordance with the procedure established by the Rules and the legal acts of the Republic of Lithuania. Some quality goods and properly provided services cannot be returned. The list of such goods is specified in Resolution No. 738 of the Government of the Republic of Lithuania of 22 July 2014 “On Amendment of Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001 “On Approval of Retail Trade Rules””.
9.8. In the case of the sale of defective goods, the Buyer has the right to exercise the rights set out in point 8.3 of the Rules.
9.9. When returning quality goods, the following conditions must be observed:
9.9.1. the returned item must be in its original or other tidy packaging;
9.9.2. the item must not be damaged by the Buyer;
9.9.3. the item must be unused, retaining its commercial appearance (labels intact, protective films not removed, etc.);
9.9.4. the returned item must have the same configuration as that received by the Buyer;
9.9.5. there are no signs of use on the returned item (e.g. no protective grip or additional accessories and protections were placed on the racket);
9.9.6. when returning the item, it is necessary to provide the VAT invoice confirming its purchase and fill in the goods return request;
9.10. The parties agree that in the event that a returned quality item does not comply with the conditions for return of the item set out in point 9.9 of the Rules, the Seller, upon accepting the item, also has the right to demand from the Buyer reimbursement of a proportionate amount for the decrease in the value of the item resulting from actions of the Buyer that were not necessary to determine the nature, characteristics and functioning of the item.
9.11. The Buyer may not return such goods whose return is not provided for by the legal acts of the Republic of Lithuania.
9.12. In the case of improperly provided services, the Buyer has the right to demand the elimination of deficiencies in the provision of services, the return of the price paid for the services, and a reduction in the price of the services.
9.13. Buyers – businesspersons return and exchange goods in accordance with the Seller’s approved goods return rules.
10. DISCOUNTS AND PROMOTIONS
10.1. The Seller may, at its discretion, initiate various promotions and apply discounts in the Store.
10.2. Detailed information related to discounts or promotions is provided in the Store when carrying out a specific promotion or applying discounts.
10.3. When the Buyer purchases an item for which the Seller grants a certain discount or gift, and the Buyer uses the right to return the item provided for, only the amount actually paid by him/her for the item is refunded to the Buyer.
10.4. The Seller has the right, unilaterally and without separate notice, to change the conditions for the application of promotions or discounts, as well as to cancel them. Any changes to or cancellation of the procedure for the terms of promotions and discounts are valid from the moment of their publication and are not applied to purchase-sale agreements already concluded with the Buyer and their performance.
11. LIABILITY OF THE PARTIES
11.1. When registering in the Store, the Buyer must provide his/her personal data. The Buyer is responsible for the correctness of the Registration data. If the Buyer provides personal data that is not his/her own and/or does not provide accurate Registration data and/or does not update them in time, the Seller is not responsible for the consequences arising therefrom for the Buyer or third parties.
11.2. The Buyer is responsible for transferring the Registration data to third parties. If a third party uses the services provided by the Store or purchases goods or services by logging into the Store using the Buyer’s login data, the Seller considers this person to be the Buyer and all obligations related thereto are borne by the Buyer.
11.3. The Seller is released from any liability in cases where losses arise because the Buyer, despite the Seller’s recommendations and his/her obligations, did not familiarize himself/herself with the Rules and/or the purchase-sale agreement, although such an opportunity was provided to him/her.
11.4. In the event that damage to a Buyer who is a consumer arises due to the unlawful actions of the Seller, the Seller undertakes to compensate all losses suffered by such Buyer. If damage arises to a Buyer who is not considered a consumer due to the unlawful actions of the Seller, the Seller undertakes to compensate only the direct losses suffered by such Buyer.
11.5. The Seller is not responsible for non-performance of the purchase-sale agreement and/or non-delivery or late delivery of goods if this occurred due to the fault of third parties or due to circumstances beyond the Seller’s control and which could not reasonably have been foreseen at the time of conclusion of the purchase-sale agreement and could not have been prevented from arising or from their consequences (force majeure circumstances). If the specified circumstances last longer than 1 (one) month, the parties may terminate the purchase-sale agreement by mutual agreement.
12. PROVISION OF INFORMATION
12.1. The Seller sends all notices and other information to the Buyer at the e-mail address specified by him/her. This shall be deemed received by the Buyer after 3 (three) hours from the moment of sending.
12.2. The Seller is not responsible for any disruptions in internet connections or e-mail service providers’ networks that prevent the Buyer from receiving e-mails from the Seller.
12.3. The Buyer sends all notices, demands, requests and questions to the contacts specified in these Rules.
13. FINAL PROVISIONS
13.1. All information provided on the Seller’s Store website, including but not limited to these Rules, information about the Seller, the goods and services offered and their characteristics, the procedure for exercising the Buyer’s right to withdraw from the purchase-sale agreement, the goods maintenance services and warranties provided by the Seller (if any are provided), is deemed to have been provided to the Buyer in writing.
13.2. The law of the Republic of Lithuania applies to the Rules and the purchase-sale agreement between the Buyer and the Seller.
13.3. The Seller may at any time assign its rights and obligations arising from these Rules to third parties without the Buyer’s consent, while ensuring that the Buyer’s position does not worsen and that the scope of rights and obligations remains unchanged upon the Seller’s assignment of its rights and obligations to third parties.
13.4. Any disputes arising between the Buyer and the Seller regarding the Rules are resolved through negotiations. If the parties do not resolve the dispute by negotiation within 15 (fifteen) days, the disputes shall be finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
13.5. The Buyer (consumer) may submit a request and/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, by e-mail tarnyba@vvtat.lt, website www.vvtat.lt, its territorial divisions in the counties) or fill in the request form on the Electronic Consumer Dispute Resolution Platform, accessible at http://ec.europa.eu/odr/. This condition does not apply to Buyers – businesspersons.
13.6. These rules were updated on 13 February 2023.
