Terms and conditions
RULES
Rules for the purchase and sale of goods in the fitsport.lt online store
1. Definitions
1.1. Seller – UAB “Aivaro sportas”, a legal entity registered with the Kaunas branch of the Register of Legal Entities of the Republic of Lithuania, legal entity code 303190860, VAT payer code LT100009207214, registered address Aitvarų g. 14, Gindulių k., LT-91276 Klaipėdos r., Lithuania.
1.2. Fitsport.lt – the online store available at fitsport.lt.
1.3. Buyer – 1) a legally capable natural person, i.e. a person of full age whose legal capacity has not been restricted by a court; 2) a minor from fourteen to eighteen years of age who has the consent of parents or guardians, except where the minor is emancipated; 3) a legal entity; 4) duly authorised representatives of all the persons specified above.
1.4. Personal Data – the Buyer’s first name, surname, delivery address, telephone number and email address.
1.5. Rules – these rules for the purchase and sale of goods in the fitsport.lt online store.
1.6. Account – the result of the Buyer’s registration on the fitsport.lt website, where the Buyer’s personal data and order history are stored.
2. General provisions
2.1. Once approved by the Buyer (after becoming familiar with the Rules and ticking the statement “I have read and agree to the Purchase Rules”), these Rules constitute a legally binding document for the parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for purchasing and paying for goods, the procedure for delivery and returns, the liability of the parties and other terms related to the purchase and sale of goods in the fitsport.lt online store.
2.2. The Seller has the right to amend, correct or supplement the Rules at any time. A new version of the Rules comes into force when it is published on fitsport.lt. Only Buyers as defined in Clause 1.3 of the Rules have the right to purchase from the fitsport.lt online store. By accepting the Rules, the Buyer confirms that they have the right to purchase goods from the fitsport.lt online store.
3. Protection of Personal Data
3.1. The Buyer’s first name, surname, email address and telephone number are processed by fitsport.lt for lawful purposes. Personal Data is processed for direct marketing purposes only in accordance with applicable law and, where required, after obtaining the Buyer’s separate consent.
3.2. The Buyer has the following rights:
3.2.1. to know (to be informed) about the processing of their Personal Data;
3.2.2. to access their Personal Data and information on how it is processed;
3.2.3. to request the correction or deletion of their Personal Data or suspension of Personal Data processing where the data is processed in breach of applicable personal data protection laws, except in the cases provided for in the Rules.
3.3. The Seller has the right to retain the Buyer’s data for as long as necessary for a lawful data-retention purpose or as required by law where (i) the data provided by the Buyer has been used in unlawful activity, (ii) identity theft or another infringement is suspected and an investigation by the relevant law enforcement authorities has been or will be conducted, (iii) the Seller has received complaints relating to the relevant Buyer or has identified breaches of the Rules committed by the Buyer, or (iv) there are other lawful purposes for retaining Personal Data.
3.4. An identity document presented to the Seller or to an employee of a courier service, and the Buyer’s data contained therein, shall be used only for proper identification of the person where such identification is required.
3.5. In order to provide the Buyer with full use of the fitsport.lt online store, the Seller uses cookies. Necessary cookies are used to ensure the operation of the website, while non-essential cookies are used only in accordance with applicable law and, where required, after obtaining the Buyer’s consent. The Buyer may change their cookie choices in the cookie settings provided on the website.
3.6. Any request or instruction relating to the processing of Personal Data may be submitted by the Buyer to the Seller in writing, by delivering it directly to Taikos pr. 58, Klaipėda, Lithuania, by post, or by email to [email protected]. Upon receiving such a request or instruction, the Seller shall respond within the time limits established by applicable law.
4. Ordering goods and formation of the purchase and sale relationship
4.1. The Buyer may order goods from the fitsport.lt online store by registering on fitsport.lt (entering their registered username and password) or by shopping as a guest (i.e. without creating an Account).
4.2. When ordering goods, the Buyer must provide in the relevant information fields the Personal Data necessary for proper fulfilment of the order: first name, surname, delivery address, telephone number and email address. The Buyer agrees that informational messages necessary for fulfilment of the order may be sent to the email address and telephone number provided by the Buyer. The Buyer also agrees that the Buyer’s Personal Data or part thereof may be transferred to the Seller’s partners for the purpose of properly fulfilling the order and/or providing the ordered services.
4.3. From the moment the Buyer has selected the product(s), created a shopping cart and clicks “Confirm order”, the legal purchase and sale relationship between the Seller and the Buyer is considered to have arisen.
4.4. Each Buyer’s order is stored in the fitsport.lt online store database.
5. Rights of the Buyer
5.1. The Buyer has the right to purchase goods and order services from the fitsport.lt online store in accordance with these Rules. When services are ordered, the terms of service established by the Seller’s partners may also apply to the Buyer.
5.2. The Buyer has the right to cancel an order in accordance with these Rules.
5.3. The Buyer has the right to return purchased goods in accordance with the Rules.
5.4. The Buyer also has other rights established in these Rules.
6. Obligations of the Buyer
6.1. When using the fitsport.lt online store, the Buyer undertakes to comply with these Rules, other terms clearly stated in the online store, and the laws of the Republic of Lithuania.
6.2. After registering on fitsport.lt, the Buyer undertakes to ensure that the information and Personal Data provided are not misleading or incorrect.
6.3. If the Personal Data provided by a registered Buyer changes, the Buyer must update it without delay.
6.4. The Buyer undertakes to keep their Account login details secure, not to transfer them to third parties and not to enable third parties to obtain the Buyer’s login details. The Buyer understands that they are directly responsible for losses resulting from unauthorised use of the Buyer’s Account where the Buyer failed to protect their login details and they became known and/or accessible to third parties.
6.5. If the Buyer’s login details become known to third parties, the Buyer must inform the Seller without delay, no later than within one business day.
6.6. Where the Buyer’s Account login details have become known to third parties, the Seller shall delete such Account and allow the Buyer to create a new Account.
6.7. The Buyer must pay for the ordered goods and accept them in accordance with these Rules.
7. Rights of the Seller
7.1. The Seller has the right to change or suspend functions of fitsport.lt, change the arrangement of elements on the website and discontinue certain website functions.
7.2. The Seller has the right to suspend or discontinue the operation of the fitsport.lt online store.
7.3. The Seller has the right to change the scope or method of services provided in the fitsport.lt online store, suspend or discontinue the provision of services or part thereof, and introduce charges for services or part thereof.
7.4. The Seller has the right, at its discretion, to establish and change the minimum shopping cart value, i.e. the minimum amount at which the Buyer’s order will be fulfilled. This amount is displayed when viewing the shopping cart.
7.5. If the Buyer attempts to harm the stability or security of fitsport.lt or fails to fulfil their obligations, the Seller has the right, without prior notice, to restrict or suspend the Buyer’s ability to use fitsport.lt or, in exceptional cases, to delete the Buyer’s Account.
7.6. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, having selected the payment method provided for in Clause 9.2.1 of the Rules, does not pay for the goods within 3 (three) business days.
8. Obligations of the Seller
8.1. The Seller undertakes to provide the Buyer with the possibility to use the services of the fitsport.lt online store under the conditions set out in these Rules and in the online store.
8.2. The Seller undertakes to respect the Buyer’s right to privacy in relation to personal information belonging to the Buyer, i.e. to process the Buyer’s Personal Data only in accordance with Section 3 of the Rules and the laws of the Republic of Lithuania.
8.3. The Seller undertakes to inform the Buyer about the changes referred to in Clauses 7.1–7.4 of the Rules.
8.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions set out in Section 10 of the Rules.
8.5. The Seller undertakes to accept goods returned by the Buyer under the conditions set out in Section 12 of the Rules.
8.6. If, due to important circumstances, the Seller is unable to deliver the ordered goods to the Buyer, the Seller undertakes to offer the Buyer an analogous product or a product with characteristics as similar as possible. If the Buyer refuses to accept a product offered as analogous or similar, the Seller undertakes to refund the amount paid by the Buyer within 10 (ten) business days if advance payment was made, and in all cases to cancel the order.
9. Prices of goods, payment procedure and terms
9.1. Prices of goods in the fitsport.lt online store and in the order are stated in euros, including the VAT rate applicable under the law at that time.
9.2. The Buyer may pay for the ordered goods using one of the following methods:
9.2.1. online banking;
9.2.2. payment card, Google Pay, Apple Pay or other electronic payment methods displayed in the online store at the time of placing the order.
9.3. Once the Seller receives payment for the goods or the payment is successfully confirmed, preparation of the shipment begins and the delivery period starts to be calculated.
10. Delivery of goods
10.1. When ordering goods, the Buyer may choose one of the delivery methods referred to in Clauses 10.2–10.4 of the Rules. Delivery conditions and charges are provided on the Delivery methods page. Clicking “Confirm order” means that the Buyer has become familiar with the delivery conditions and charges and agrees to them.
10.2. If the Buyer chooses delivery to a home or workplace:
10.2.1. The Buyer undertakes to provide the exact delivery location.
10.2.2. The Buyer undertakes to accept the goods personally. When accepting the goods, a valid identity document (identity card, passport or a new-format driving licence) must be presented. If the Buyer cannot accept the goods personally and the goods are delivered to the address specified by the Buyer, the Buyer shall not be entitled to make claims against the Seller regarding delivery of the goods to an improper person.
10.2.3. The goods are delivered by the Seller or its authorised representative.
10.3. If the Buyer chooses delivery to an Omniva parcel locker:
10.3.1. The Buyer selects the preferred Omniva parcel locker when placing the order.
10.3.2. The Buyer is informed of delivery to the parcel locker by a carrier notification using the contact details provided when placing the order.
10.3.3. The shipment must be collected from the parcel locker within the period specified in the carrier’s notification.
10.4. If the Buyer chooses delivery to an LP EXPRESS parcel locker:
10.4.1. The Buyer selects the preferred LP EXPRESS parcel locker when placing the order.
10.4.2. Shipments delivered to LP EXPRESS parcel lockers must comply with the carrier’s applicable size, weight and other requirements.
10.4.3. The Buyer is informed of delivery of the shipment and the collection deadline by a carrier notification.
10.5. The Seller dispatches the goods to the Buyer within 1–2 business days after payment is received. This period is approximate and does not apply where the required goods are not available in the Seller’s warehouse and the Buyer is informed of the shortage. By accepting these Rules, the Buyer agrees that in exceptional cases delivery may be delayed. In such a case the Seller undertakes to contact the Buyer without delay and agree on the delivery period and other conditions.
10.6. The Seller is not liable for a breach of delivery deadlines where the goods are not delivered or are delivered late due to circumstances attributable to the Buyer or other circumstances beyond the Seller’s control for which the Seller is not liable under applicable law.
10.7. Upon delivery of the goods, the Buyer is advised to inspect the condition of the shipment and the product(s) together with the Seller or its authorised representative. If the packaging is damaged (crushed, wet or otherwise visibly damaged), the product(s) are damaged and/or the contents are incomplete, the Buyer should record this in the delivery/acceptance document, where such a document is provided, and inform the Seller. This does not limit the Buyer’s rights in relation to defects that could not have been identified by an external inspection.
10.8. If, under Clauses 10.2–10.4 of the Rules, the Buyer fails to collect the goods within the specified period or the goods cannot be delivered to the Buyer and the Buyer has paid for the goods, the Seller’s representatives shall contact the Buyer regarding another delivery time and/or method. If the Buyer still fails to collect the goods or delivery remains impossible, the goods shall be returned to the Seller, the order shall be cancelled and the amount paid for the goods shall be refunded to the Buyer.
10.9. If, under Clauses 10.2–10.4 of the Rules, the Buyer fails to collect the goods within the specified period or the goods cannot be delivered to the Buyer and the Buyer has not paid for the goods, the goods shall be returned to the Seller and the order shall be cancelled.
11. Quality guarantee and shelf life
11.1. The characteristics of each product sold by fitsport.lt are specified in the description of the respective product.
11.2. The Seller is not responsible if the size, shape, colour or other parameters of the goods displayed in the online store do not correspond exactly to the actual size, shape, colour or other parameters of the goods due to the characteristics of the Buyer’s display device or other technical reasons. The Buyer is advised to read the product description.
11.3. For different types of goods, the Seller provides a quality guarantee valid for a certain period, the specific duration and other conditions of which are stated in the descriptions of such goods.
11.4. Any quality guarantee provided by the Seller does not limit or restrict the consumer rights granted by law in the event of purchasing goods or services of inadequate quality.
11.5. Where applicable law establishes a specific shelf life for certain goods, the Seller undertakes to sell such goods to the Buyer in a manner that provides the Buyer with a real opportunity to use the goods before the end of their shelf life.
12. Returns and exchanges
12.1. When returning goods purchased from the fitsport.lt online store, the following should be taken into account:
12.1.1. A Buyer who is a consumer may withdraw from a contract for the purchase and sale of goods concluded online or by telephone within 14 days from the date of receipt of the goods, without giving any reason, except for the exceptions established by law. Withdrawal from a distance contract is exercised in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania.
12.1.2. The Buyer must notify the Seller of the return by email at [email protected] within 14 days from the date of receipt of the goods. The notification must identify the goods being returned. When exercising the statutory right to withdraw from a distance contract, the Buyer is not required to state the reason for the return.
12.1.3. Goods of inadequate quality purchased both online and in a physical store are exchanged or returned: where the reason for the return is inadequate quality (for example, damaged packaging, expired shelf life, etc.) or the Buyer received a product other than the one ordered, we undertake at our expense to replace the product of inadequate quality with a product of adequate quality or refund the amount paid for the product and reimburse reasonable shipping costs incurred by the Buyer where required by law. Goods of inadequate quality are exchanged or returned in accordance with the Retail Trade Rules and the cases and conditions established in Articles 6.3641–6.3643 of the Civil Code of the Republic of Lithuania.
12.1.4. Return of goods of satisfactory quality.
12.1.5. Goods of satisfactory quality purchased online are returned in accordance with the cases and conditions established in Articles 6.22810 and 6.22811 of the Civil Code of the Republic of Lithuania.
12.1.6. Goods purchased online must be returned to the address specified by the Seller in the electronic message confirming the return.
12.1.7. Returned goods must be sent only to the address specified by the Seller. Shipments sent to another parcel locker or a Lithuanian Post branch will not be collected unless the Seller has specified such a return method in advance.
12.1.8. For goods purchased in a physical store, the return or exchange of goods is possible only in accordance with Article 6.362 of the Civil Code of the Republic of Lithuania and the Retail Trade Rules approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001.
12.1.9. The Buyer pays the return costs for goods of satisfactory quality where the goods are returned because the Buyer has changed their mind. If the goods were purchased in our physical store and their return is permitted by law, the Buyer may return them to the store and receive a refund. If the goods were purchased remotely, the refund is made to the Buyer’s bank account within 1–7 business days. If goods purchased remotely are returned at a physical store, the refund is likewise made by bank transfer to the bank account.
12.2. When returning goods of satisfactory quality, the following conditions must be observed:
12.2.1. It is recommended that the goods be returned in their original, undamaged packaging where it is possible to preserve it.
12.2.2. The goods must not have been damaged by the Buyer.
12.2.3. The goods must not have been used more than necessary to establish their nature, characteristics and functioning. The Buyer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
12.2.4. The returned goods must have the same components/accessories as when received by the Buyer.
13. Liability
13.1. The Buyer is fully responsible for the accuracy of the Personal Data provided. If the Buyer provides incorrect or inaccurate Personal Data, the Seller is not responsible for the consequences arising from this and has the right to claim compensation from the Buyer for direct losses incurred.
13.2. The Buyer is responsible for actions carried out using the fitsport.lt online store.
13.3. A registered Buyer is responsible for keeping their login details secure and/or for transferring them to third parties. If a third party uses the services provided by fitsport.lt by logging in to the online store using the Buyer’s login details, the Seller shall treat that person as the Buyer.
13.4. The Seller shall be released from liability in cases where losses arise because the Buyer, despite the Seller’s recommendations and the Buyer’s obligations, failed to become familiar with these Rules although the Buyer was given the opportunity to do so. This provision does not limit the Seller’s liability established by applicable law.
13.5. If the Seller’s fitsport.lt online store contains links to third-party websites, the Seller does not guarantee that the information accessible through such links is correct, complete or accurate. Third parties are responsible for the content, correctness, completeness and accuracy of information provided by them. The Seller is not obliged to verify external information transmitted or stored or to identify unlawful activities.
13.6. Where damage arises due to failure to perform or improper performance of obligations relating to a purchase and sale order, the party at fault shall compensate the other party for the direct losses incurred.
14. Exchange of information
14.1. The Seller sends all notices to the email address provided by the Buyer.
14.2. The Buyer sends all notices and questions using the contact details specified in the “Contacts” section of the Seller’s online store.
15. Final provisions
15.1. These Rules have been drawn up in accordance with the laws of the Republic of Lithuania.
15.2. Relations arising under these Rules are governed by the law of the Republic of Lithuania.
15.3. Any disagreements arising from the implementation of these Rules shall be resolved through negotiations. If the parties fail to reach an agreement, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.
A consumer may submit a request or complaint regarding goods or services purchased from our online store to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, A. Goštauto g. 12, 01108 Vilnius, Lithuania, email [email protected], tel. +370 5 262 6760, website vvtat.lrv.lt) or via the Consumer Rights Information System (VTIS).
