Buying rules

Rules for buying and selling goods in the electronic store mark24.lt

1. Definitions

1.1. The Seller means UAB Pakmarkas, company code 122590280, VAT payer code LT225902811, address Minsko pl. 95, Daržininkų k., Vilnius District.

1.2. mark24.lt means an electronic store at www.mark24.lt.

1.3. The Buyer means 1) a natural person who has full legal capacity, i.e. a person who has reached the age of majority, whose capacity is not limited by court order; 2) a minor between fourteen and eighteen years of age who has the consent of parents or guardians; 3) a legal entity; 4) duly authorized representatives of all the above-mentioned persons.

1.4. The Parties means the Buyer and the Seller collectively.

1.5. Personal Data means any information related to a natural person – a data subject whose identity is known or can be directly or indirectly determined using data such as a personal number, one or more signs of physical, physiological, psychological, economic, cultural or social nature characteristic of a person.

1.6. The Rules means these “Rules for buying and selling goods in the mark24.lt electronic store”.

1.7. Account means the result of the Buyer’s registration on mark24.lt, which creates an account where his/her personal data and order history are stored. 1.8. Privacy Policy means document approved by the Seller, which contains the basic rules for the collection, accumulation, processing and storage of Personal Data when using mark24.lt.

2. General Provisions

2.1. The Buyer approves the Rules after familiarizing himself with them and ticking the box next to the statement “I have familiarized myself with the rules for buying and selling goods in the electronic store mark24.lt and I agree with them.” The Rules approved in this way are a binding legal document for the Parties, determining the rights and obligations of the Buyer and the Seller, the terms of purchase and payment for the goods, the procedure of delivery and return of the goods, the responsibility of the Parties and other conditions related to the purchase and sale of goods on mark24.lt.

2.2. Only Buyers, as defined in Clause 1.3 of the Rules, have the right to buy on mark24.lt. By approving the Rules and having familiarized him/her with the Privacy Policy (Clause 2.4 of the Rules), the Buyer confirms that he has the right to buy goods on mark24.lt.

2.3. When necessary, or in the presence of circumstances provided for in the legislation of the Republic of Lithuania, the Seller has the right to change, amend or supplement the Rules. Buyers will be informed about this upon logging in to mark24.lt, when purchasing goods for the first time after the entry into force of the new version of the Rules. The new version of the Rules enters into force after its publication on mark24.lt.

2.4. The Buyer must familiarize him/her with the Privacy Policy approved and published by the Seller. The Buyer shall express consent or disagreement with specific ways of using the Buyer’s Personal Data in accordance with the procedure provided for in the Privacy Policy.

2.5. If the Seller has the right or obligation to provide the Buyer with information or documents by email, the Buyer shall be in all cases responsible for providing the Seller with a working email address of the Buyer.

3. Ordering Goods, the Moment of Creation of Legal Relations of Purchase and Sale

3.1. The Buyer can order goods on mark24.lt by choosing one of the following ways:

3.1.1. by registering online at mark24.lt (by entering his/her registration name and password);

3.1.2. without registering online at mark24.lt;

3.2. When ordering goods in one of the ways specified in Clauses 3.1.1 – 3.1.2 of the Rules, the Buyer must specify his/her Personal Data provided for in the Privacy Policy and required for the proper execution of the order in the relevant information fields provided by the Seller.

3.4. When the Buyer, after choosing the goods or services to be purchased and creating a basket of goods, completes all the steps of the order, the last of which is the selection of the payment method and the confirmation of the payment to the Seller’s account, it is considered that the legal relationship of purchase and sale has arisen between the Seller and the Buyer and the purchase and sale contract has been concluded.

3.5. Each order of the Buyer is stored in the mark24.lt database for 24 months.

3.6. The Seller is not responsible for the layouts provided by the Buyer for production, as well as for the material provided by the Buyer, in which any copyright object is used. The Seller does not check the layouts provided. Before submitting the layout, the Buyer shall make sure that there are no spelling, punctuation or grammatical errors, that there are no images of inappropriate quality or too low resolution in the layout of the future print, that there are no other layout errors in the layout of the future print, that the layout is prepared in accordance with good practice. The Buyer, who has prepared and uploaded to mark24.lt the layout of the print he wants to be printed, confirms that the submitted layout has been correctly prepared for printing. mark24.lt will not check the suitability for printing of the files uploaded by the customer.

3.7. The Seller reserves the right to check the content and, depending on its context, to cancel orders that use, e.g. content prohibited by the laws of the Republic of Lithuania, uncensored, violent content, pornography or other types of content unacceptable to society. If the orders made through the mark24.lt self-service system do not meet the content standards of LR and the mark24 printing house, the printing house reserves the right to cancel the order without prior notice and return the money to the customer’s account within 20 working days.

3.8. The Seller is not responsible for the fact that the Buyer made a mistake in choosing finishing methods, quantity or product type.

4. Buyer’s Rights

4.1. The Buyer has the right to buy goods and order services on mark24.lt in accordance with the procedure established by these Rules.

4.2. The Buyer has the right to refuse the order in accordance with the procedure established by these Rules.

4.3. The Buyer has the right to withdraw from the contract in accordance with the procedure established by these Rules.

4.4. The Buyer has the right to replacement or returning of the purchased goods in accordance with the procedure established in the Rules.

4.5. The Buyer has other rights established in these Rules, the Privacy Policy and the legislation of the Republic of Lithuania.

5. Buyer’s Obligations

5.1. The Buyer, using mark24.lt, must fulfil his/her obligations, comply with these Rules, the Privacy Policy, other conditions clearly indicated by mark24.lt, and not violate the laws of the Republic of Lithuania.

5.3. The buyer must fill in all the information necessary to complete the order correctly. If the buyer provides incorrect information, the order may not be executed or delivered.

5.4. The buyer must pay for the ordered goods or services and accept them in accordance with the procedure established by these Rules.

6. Seller’s Rights

6.1. The Seller has the right to change, suspend or terminate the operation of certain functions of mark24.lt or part of them, as well as to change the arrangement of elements on mark24.lt.

6.2. The Seller has the right to suspend or terminate the activity of mark24.lt. In this case, all accepted and confirmed orders of Buyers will be completed and new orders will not be accepted.

6.3. The Seller has the right to change the scope or method of the services provided by mark24.lt, to suspend or terminate the provision of services or part of them, to charge the services or part of services.

6.4. If the Buyer attempts to harm the stability and security of mark24.lt’s work or fails to fulfil his/her obligations, the Seller has the right to immediately and without prior warning limit or suspend the Buyer’s ability to use mark24.lt or, in exceptional cases, cancel the Buyer’s Account.

6.5. The Seller has other rights established in these Rules, Privacy Policy, other mark24.lt documents and the legislation of the Republic of Lithuania.

7. Seller’s Obligations

7.1. The Seller undertakes to enable the Buyer to use the services provided by mark24.lt under the conditions set out in these Rules and other mark24.lt documents.

7.2. The Seller undertakes to clearly provide the Buyer with clear and comprehensive information on mark24.lt as stipulated in Article 6.2287 of the Civil Code of the Republic of Lithuania.

7.3. The Seller undertakes to respect the Buyer’s privacy. The Buyer’s Personal Data shall be processed only in accordance with the Rules, Privacy Policy and legislation of the Republic of Lithuania.

7.4. To inform the Buyer before submitting the order about the suspension or termination of functions of mark24.lt that are significant for the fulfilment of the order, as well as the changes specified in Clauses 6.2 – 6.3 of the Rules. Submitting information on mark24.lt is considered appropriate information.

7.5. The Seller undertakes to provide the goods ordered by the Buyer and to accept the goods returned by the Buyer under the conditions stipulated in the Rules.

7.6. If, due to important circumstances, the Seller is unable to deliver the ordered goods to the Buyer, he undertakes to offer the Buyer analogous or similar goods as far as possible. If the Buyer refuses to accept the goods that were offered as analogous or similar, the Seller undertakes to return the money paid to the Buyer within 14 (fourteen) working days, if prepayment was made, and in all cases to cancel the order.

7.7. If the Seller disagrees with the Buyer’s requirements, he must provide the customer with a detailed, motivated written answer no later than within 20 (twenty) working days from the date of receipt of the Buyer’s application, unless the legislation of the Republic of Lithuania and the European Union stipulate otherwise.

7.8. The Seller undertakes to fulfil other obligations established for the Seller in the Rules, Privacy Policy and legislation of the Republic of Lithuania.

8. Product Prices, Payment Procedure and Terms

8.1. The prices of the goods in the order are indicated in euros, including the amount of VAT valid at that time according to the legislation.

8.2. The Buyer can pay for the ordered goods in one of the following ways:

8.2.1. using electronic banking;

8.3. By confirming the Rules, the Buyer agrees that the documents for the purchase of goods – VAT invoices – will be submitted electronically to the email address specified in the Buyer’s registration form no later than before the goods are handed over to the Buyer. VAT invoices indicate the selected goods, their quantity, discounts granted, the final price of the goods, including all taxes, and other data hat shall be provided in accordance with the legislation regulating accounting.

8.4. The Seller shall also place the VAT invoices for the goods purchased by the Buyer in the “My Account” section of mark24.lt. After placing the order, the Buyer will be able to see and print the order invoice in the “My Account” section.

8.5. The price of the goods cannot change after the Seller has confirmed the order, except in cases where the price of the goods has changed due to a technical error in the information systems or other objective reasons beyond the Seller’s control. If in this case the Buyer does not agree to purchase the product at a new price, the Buyer may cancel the order by informing the Seller about this within 2 (two) business days by email. Upon cancellation of the order in accordance with the procedure provided for in this Clause, all amounts paid by the Buyer will be returned to the Buyer.

9. Delivery of Goods

9.1. When ordering goods, the Buyer can choose one of the methods for delivery of the goods, specified in Clauses 9.2 – 9.3 of the Rules. The terms and prices of delivery of the goods are specified in the order confirmation.

9.5. The Seller provides the goods to the Buyer within the deadlines specified in the descriptions of the goods. These deadlines are preliminary. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery deadlines and other conditions.

9.5. The Seller is released from responsibility for the violation of the deadlines for the delivery of the goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties or due to circumstances beyond the control of the Buyer.

9.6. During the delivery of the goods to the Buyer, the Buyer must together with the Seller or his authorized representative check the condition of the shipment and the goods and sign the shipment transfer and acceptance document. After the Buyer signs the shipment transfer and acceptance document, it is considered that the goods have been handed over in a suitable condition, without any damage, the basis of which cannot be attributed to a factory defect, and without any inconsistencies in the completeness of the goods (such as can be determined during the external inspection of the goods). Having noticed that the packaging of the delivered goods is damaged (crumpled, wet or otherwise externally damaged), the goods are damaged and/or not complete, the Buyer must note this in the product transfer and acceptance document and, in the presence of the Seller or his representative, must draw up a free-form document of damage/nonconformity of the shipment and/or goods. If the Buyer does not perform these actions, the Seller is released from responsibility for damage to the goods, when the basis for the occurrence of such damage is not a factory defect, and for discrepancies in the completeness of the goods only if these discrepancies can be determined during an external inspection of the goods.

9.7. The risk of accidental loss or damage of the goods passes to the Buyer from the moment the goods are handed over to the Buyer.

9.8. If, based on Clauses 9.2 – 9.4 of the Rules, the Buyer does not pick up the goods within the specified period or fails to accept delivered goods, and the Buyer has paid for the goods and their delivery, the representatives contact the Buyer regarding the time and/or method of re-delivery of the goods. If the Buyer still does not pick up the goods or fails to accept delivered goods again, the order is cancelled and the money paid for the goods is not returned to the Buyer.

10. The product quality guarantee and expiration date are indicated on the packaging.

10.1. The characteristics of the goods sold on mark24.lt are indicated in the description attached to the goods.

10.3. The Seller is not responsible for the fact that the size, shape, colour or other parameters of the goods on mark24.lt may not correspond to the real size, shape, colour or other parameters of the goods due to the characteristics of the display used by the Buyer or other technical reasons. The Buyer is recommended to read the product description.

11. The Right to Withdraw from the Purchase and Sale Contract, the Procedure for Returning and Replacement of Goods

11.1. The right to withdraw from the purchase and sale contract

11.1.1. The Buyer cannot use the right to withdraw from the purchase and sale contract, because all contracts concluded by mark24.lt correspond to the cases listed in Article 6.22810 Part 2 of the Civil Code of the Republic of Lithuania, i.e. for contracts for goods manufactured according to the user’s special instructions, which are not pre-manufactured and which are manufactured taking into account the user’s personal choice or instruction, or for goods that are clearly adapted to the user’s personal needs, the right to withdraw from the purchase and sale contract is excluded.

11.2. Rules for replacing and returning of goods of suitable quality:

11.2.1. If the Buyer does not like the shape, size, colour, model or completeness of the goods purchased on mark24.lt, the goods cannot be replaced and returned in accordance with the Retail Trade Rules approved by the Resolution No. 738 of the Government of the Republic of Lithuania of 22 July 2014, which stipulates that printed books, reproductions and other articles of the printing industry are not returnable.

11.3. Rules for replacing and returning goods of inadequate quality:

11.3.1. Defects in the sold goods are eliminated, low-quality goods are replaced, returned in accordance with the procedure laid down in the Rules and taking into account the requirements of the legislation of the Republic of Lithuania.

11.3.2. If the Buyer purchased goods of inadequate quality and noted this in the document of transfer and acceptance of the goods, or the inappropriate quality of the goods is manifested by a manufacturing defect that existed at the time of purchase of the goods, or non-compliance with the specifications specified by the manufacturer, the Buyer may return the goods and, at his/her option, may demand:

11.3.2.1. that the Seller removes the defects of the goods free of charge within a reasonable period of time, if the defects can be removed;

11.3.2.2. that the goods are replaced with an analogous goods of suitable quality, except in cases where the defects are minor or were caused by the fault of the Buyer;

11.3.2.3. to return the price paid and to withdraw from the sales contract, when the sale of goods of inadequate quality is a fundamental violation of the order.

11.3.3. The Buyer can choose only one of the remedies provided for in Clause

11.3.2 of the Rules. The Buyer must declare his/her choice when returning the goods. If, after the Buyer chooses the method provided for in Clause

11.3.2, the Seller does not have the opportunity to implement it, the Seller offers an alternative method provided for in Clause

11.3.2. The Buyer does not have the right to change the chosen remedy. The Buyer has no right to terminate the purchase and sale contract if the product meets the Seller’s quality standard.

11.3.4. The Buyer who wishes to return the goods shall comply with the following conditions:

11.3.4.1. notify the Seller about this by email to info@mark24.lt, the returned goods must be indicated in the message;

11.3.4.2. submit the purchase document of the goods;

11.3.4.3. submit a completed return form.

11.3.5. The Buyer can exercise the right to return goods of inadequate quality within 14 (fourteen) calendar days from the day the goods were handed over to him/her.

11.3.6. The Seller has the right not to accept the goods returned by the Buyer, if the Buyer does not follow the procedure for returning the goods specified in the Rules.

11.3.7. The Buyer must pay for the costs of delivering the goods and the costs of returning the goods, and the Seller, who is convinced that the goods were returned due to inadequate quality, must reimburse the Buyer for the costs of delivery and return incurred by him/her, subject to the exceptions provided for in the Rules. Clause 11.5 of the Rules applies to the return of goods.

11.3.8. The money is returned to the Buyer within 20 (twenty) working days after the Seller received the Buyer’s notification about the goods of inadequate quality, and if the goods have not been returned by the Buyer to the Seller, the term provided for in this Clause shall be calculated from the day the Goods are returned to the Seller. By approving these Rules, the Buyer agrees that the money will be returned to the Buyer’s bank account, unless the Buyer and the Seller agree otherwise.

11.3.9. Money will not be returned for those goods that have been damaged intentionally or due to negligence (affected by chemicals, water, open fire, high temperature, sharp objects, etc.), or if the rules of use or storage of the goods have been violated, or the goods have been used improperly or not for their intended purpose.

11.4. Replacing and returning of goods after delivery of the wrong goods

11.4.1. If wrong goods were delivered to the Buyer, the Buyer must immediately, but no later than within 2 (two) working days, inform the Seller about this by email info@mark24.lt or by calling the phone number +370 683 00024. The Seller undertakes to pick up such goods at his own expense and replace them with suitable goods. In the event that the Seller does not have the ordered goods, he shall return to the Buyer the money paid for the goods. The money shall be returned to the Buyer within 20 (twenty) working days after the Seller has received the Buyer’s notice of withdrawal from the contract, and if the goods have not been returned by the Buyer to the Seller, the term provided for in this Clause shall be calculated from the day the goods are returned to the Seller. By approving these Rules, the Buyer agrees that the money will be returned to the Buyer’s bank account, unless the Buyer and the Seller agree otherwise.

11.4.2. The procedure for returning goods and money is provided for in Clause 11.5 of the Rules.

11.5. Procedure for returning goods and repayment of money:

11.5.1. The Buyer can exercise the right to return the goods only if the deadline for returning the goods has not been missed, the goods have not been damaged or their appearance has not fundamentally changed, and they have not been used.

11.5.2. All gifts that were presented together with the purchased item must be returned at the same time.

11.5.3. When returning goods, the Buyer must indicate the sender’s address and properly pack the goods so that they are not damaged during shipping. Seller will not refund the money for the goods damaged during shipping. The Seller is not responsible for parcels that were sent improperly packed, with an incorrect address, as well as if parcels were lost or damaged during shipping.

11.5.4. If the Buyer has purchased a set of goods on mark24.lt, he/she must return the entire set of goods to the Seller, i.e. the Buyer may exercise the rights provided for the return of goods only in relation to all the goods in the set. In the event that at least one of the goods in the set does not meet the requirements stipulated in Clause

11.5.1 of the Rules, the Seller has the right to refuse to accept the whole set of goods being returned.

11.5.5. After using the rights provided for in Clauses 11.1-11.4 of the Rules, the Buyer must fulfil the requirements for the return of the goods provided for in the Rules and follow the procedure provided herein.

11.5.6. The Buyer can return the goods either by delivering them in person, returning them via couriers or sending them by post. The goods must be returned to the Seller at the address specified by the Seller in the confirmation sent to the Buyer about the receipt of the notification regarding the return of the goods.

11.5.7. If the Buyer has used the rights established in Clauses 11.3-11.4 of the Rules, the money shall be returned to him/her within 20 (twenty) working days after the Seller has received the Buyer’s notification, and if the goods are not returned by the Buyer to the Seller, the term provided for in this Clause shall be calculated from the day the goods are returned to the Seller.

11.5.8. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer’s bank account.

11.5.9. After using the rights established in Clauses 11.3-11.4 of the Rules, the following shall be returned to the Buyer: the price of the goods, the costs of delivering the goods, the costs of returning the goods.

11.5.10. Product delivery costs are not refunded if the Buyer has chosen a different method than the cheapest method of delivery offered by the Seller.

11.5.11. The Seller has the right not to return the sums paid by the customer until the goods are returned to the Seller and checked for compliance with Clause 11.5.1 of the Rules.

11.5.12. If a price difference occurs when replacing goods, the Buyer must settle with the Seller according to the recalculated prices.  

12. Liability

12.1. The Buyer is responsible for his/her actions performed using mark24.lt.

12.2. After registering, the Buyer is responsible for storing and/or transferring his/her login data to third parties. If the services provided by mark24.lt are used by a third party who has logged in to mark24.lt using the Buyer’s login data, the Seller considers this person to be the Buyer.

12.3. The Seller is released from any liability in cases where the losses arise because the Buyer, regardless of the Seller’s recommendations and his obligations, did not familiarize him/her with these Rules, the Privacy Policy, although he was given such an opportunity.

13. Exchange of information

13.1. The Seller sends all notifications in accordance with the procedure provided for in these Rules and Privacy Policy to the Buyer’s specified email address or SMS message to the Buyer’s specified phone number during registration or when ordering goods.

13.2. The Buyer sends all messages and questions using the means of communication indicated by the Seller in the “Contacts” section of mark24.lt.

14. Final Provisions

14.1. These Rules have been drawn up in accordance with the legislation of the Republic of Lithuania.

14.2. Relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.

14.3. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If it is not possible to reach an agreement within 20 (twenty) calendar days, disputes are resolved in accordance with the procedure established by the legislation of the Republic of Lithuania.