Terms and conditions of use

TERMS AND CONDITIONS OF USE 

1. General provisions.
1.1. These Rules for the purchase of goods (hereinafter - the Rules) are a legal document binding the Parties, which determine the rights, duties and responsibilities of the Buyer and the Seller when the Buyer purchases goods through the online store.
1.2. The seller reserves the right to change, amend or add to the rules at any time, considering the requirements set by legal acts. The buyer is informed by the online store's website. When the buyer is shopping in the online store the store applies the Rules valid at the time of placing the order.
1.3. The following persons have the right to buy in the online store:
1.3.1. able-bodied natural persons, i.e. persons who have reached the age of 18, whose capacity is not limited by court order;
1.3.2. minors between the ages of 14 and 18, only with the consent of their parents or guardians, except in cases where they dispose of their income independently;
1.3.3. legal entities;
1.3.4. authorized representatives of all the above persons.
1.4. By approving the rules, the seller also guarantees that, based on the rules in the 1.3. point, the Buyer has the right to purchase goods in the online store.
1.5. The contract between the Buyer and the Seller is considered concluded from the moment the Buyer created a shopping cart in the online store, specified the delivery address, choose the payment method and familiarized themselves with the Seller's rules, pressed the "Confirm order" button (see point 5 "Ordering goods, prices, payment procedure, deadlines").
1.6. Each contract concluded between the Buyer and the Seller is stored in the online store.

2. Protection of personal data.
2.1. To order goods from the online store, the Buyer can:
2.1.1. register in the online store - by entering the data requested during registration;
2.1.2. without registering in the online store.
2.2. Buyer, when ordering goods in the ways provided in the 2.1. point, in the relevant information fields provided by the Seller, must indicate the personal data of the Buyer necessary for the proper fulfillment of the goods order: name, surname, delivery address for the goods, telephone number and e-mail address.
2.3. By approving these rules, the Buyer agrees that the personal data of the Buyer in the 2.2. point provided would be processed in the electronic sales of goods and services in the online store, for the purposes of analysis of the Seller's activity and direct marketing.
2.4. By agreeing to the Buyer's personal data being processed in the Seller's online store for the sale of goods and services, the Buyer also agrees that the specified e-mail address and phone number would be used by the Seller to be able to send informational messages necessary to fulfill the order of goods.
2.5. The Buyer, registering by e-mail in the store and when ordering goods, undertakes to not disclose login data to anyone.

3. Buyer's rights and obligations.
3.1. The buyer has the right to buy goods from the online store while following the Purchase Rules and other provisions of this online store according to the procedure specified in the store information sections.
3.2. The Buyer has the right to refuse the goods purchase - sales contract with the online store, notifying the Seller about this in writing (by e-mail info@e-orto.lt, indicating the item you wish to return and its order number) no later than within 14 (fourteen) days from the day of delivery of the item, except in cases where the contract cannot be canceled according to the laws of the Republic of Lithuania (e.g. when the contract is concluded for the sale of hygiene products, foot care products, underwear, compression socks or pantyhose; see information: Item 25 of the Retail Trade Rules, which were approved by the resolution of the Government of the Republic of Lithuania on June 11, 2001 No. 697 (redaction of Resolution No. 738 of the Government of the Republic of Lithuania of July 22, 2014).
3.3. In the 3.2. point of the rules the Buyer can exercise the right only if the product has not been damaged or its appearance has not fundamentally changed, nor has it been used.
3.4. The buyer undertakes to accept the ordered goods and pay the agreed price for them.
3.5. If the data provided in the Buyer's registration form changes, the Buyer must update them immediately.
3.6. The buyer undertakes not to transfer his login data to third parties. If the Buyer loses their login data, they must immediately inform the Seller about this via the means of communication specified in the "Contacts" section.
3.7. The Buyer, while using the online store, agrees with these Purchase Rules and undertakes to comply with them and not to violate the legal acts of the Republic of Lithuania.

4. Seller's rights and obligations.
4.1. The Seller undertakes to provide all conditions for the proper use of the online store for the Buyer.
4.2. If the Buyer tries to harm the Seller's stability and security of the online store's work or violates its obligations, the Seller has the right to immediately and without warning limit or suspend the Buyer's ability to use the online store or, in exceptional cases, cancel the Buyer's registration.
4.3. The Seller undertakes to respect the Buyer's privacy right to the Buyer's personal information specified in the in the online store registration form.
4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer.

5. Ordering goods, prices, payment procedure, deadlines.
5.1. In the online store, the Buyer can buy 24 hours a day, 7 days a week.
5.2. The contract comes into force from the moment the Buyer clicks the "Confirm order" button, and after receiving the order, the Seller confirms it - sends a confirmation letter to the e-mail specified by the Buyer.
5.3. Product prices in the online store and in the formed order are indicated in euros, including VAT.
5.4. The buyer pays for the goods in one of the following ways:
5.4.1. payment using electronic banking means advance payment using the electronic banking system used by the Buyer. To use this form of payment, the Buyer must be signed by electronic banking agreement with one of the serviced banks. The Buyer transfers the money to the current online store account. The responsibility for data security in this case rests with the respective bank, since all monetary transactions take place through the bank's electronic banking system.
5.5. The Buyer undertakes to pay for the goods immediately. Only after receiving the payment for the goods, the formation of the goods parcel begins and the calculation of the delivery term of the goods begins.

6. Delivery of goods.
6.1. When ordering goods, the Buyer can choose one of the methods of delivery/collection of goods: home delivery, collection of goods at physical Ortopedijos centras stores, delivery of goods by Omniva post machines, DPD Pick-up and LP Express parcel self-service terminals:
6.2. If the Buyer chooses the home delivery service during the order:
6.2.1. The buyer undertakes to indicate the exact place of delivery of the goods.
6.2.2. The buyer undertakes to accept the goods himself. In the event that the Buyer cannot accept the goods himself, and the goods are delivered to the specified address, the Buyer has no right to make claims to the Seller regarding the delivery of the goods to the wrong entity. When picking up the goods, it is necessary to present a valid personal identification document (passport, personal identification card, driver's license) to the courier/seller. If this is not done, the goods are returned to e-orto.lt. In this case, the Buyer does not have to make claims for goods not delivered on time.
6.3. The buyer can pick up the goods free of charge at Ortopedijos centras stores in Vilnius, Kaunas and Klaipėda. If the Buyer chooses the following method when placing an order:
6.3.1. The ordered goods must be collected no later than within 5 (five) working days after the Seller informed the Buyer by e-mail or phone call that the goods can be collected.
6.3.2. The goods can only be collected by the person who placed the order or the person indicated at the time of placing the order. When picking up the goods, it is necessary to have with you and provide the Ortopedijos Centras employee with a valid identity document (identity card, passport or new model driver's license).
6.4. If the Buyer chooses the delivery of the goods to the Omniva postal machine, DPD Pick-up or to the self-service terminal of LP EXPRESS parcels when placing the order:
6.4.1. Goods weighing less than 30 kg can be picked up at Omniva post terminals, DPD Pick-up or LP EXPRESS parcel self-service terminals. Goods heavier than 30 kg are not delivered to postal and parcel self-service terminals. Items longer than 60 cm, such as crutches and canes, cannot be sent through post machines and parcel terminals.
6.4.2. The parcel must be collected from the Omniva post machine and the DPD Pick-up parcel self-service terminal within 7 (seven) calendar days after the parcel service informed the Buyer by SMS message that the item can be collected. The parcel must be collected from the LP EXPRESS parcel self-service terminal within 5 (five) calendar days after the parcel service informed the Buyer by SMS message that the item can be collected.
6.4.3. The terms of delivery and the fee applicable to the Buyer are described HERE.
6.5. In exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller, which the Seller could not control and reasonably foresee at the time of the purchase - sale agreement. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery terms and other conditions.
6.6. 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 unrelated and/or independent of the Seller or due to circumstances beyond the control of the Buyer.
6.7. During the delivery of the goods to the Buyer, the Buyer must check the condition of the shipment and the product(s) together with the courier, and in the case of physical collection of the goods in the Store, with an employee of the Ortopedijos Centras or their authorized representative and sign the document of delivery of the shipment - acceptance. After the buyer signs the consignment transfer-acceptance document, it is considered that the goods have been handed over in a suitable condition, without damages, the basis of which cannot be attributed to a factory defect, and there are no inconsistencies in the product(s) assembly (such as can be determined during an external inspection of the goods). Having noticed that the packaging of the delivered product is damaged (crumpled, wet or otherwise externally damaged), the product(s) is damaged and/or the product(s) is not complete, the Buyer must note this in the product transfer - acceptance document and , in the presence of the courier, and in the case of physical collection of the goods in the Store, by an employee of the Ortopedijos Centras or their representative, to draw up a free-form report of violation/inconsistencies of the shipment and/or product(s). 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 product package only if these discrepancies can be determined during an external inspection of the goods.
6.8. 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.
6.9. If, based on Clauses 6.2 - 6.3 of the Rules, the Buyer does not pick up the goods within the specified time or fails to deliver them to the Buyer and the Buyer has paid for the goods and their delivery, the staff of the Ortopedijos Centras will contact the Buyer regarding another time and/or method of delivery of the goods. If the Buyer still does not pick up the goods within the next additional 5 (five) working days or fails to deliver them, such goods are returned to the Seller, the order is cancelled, and the money paid for the goods is returned to the Buyer, after deducting the bank fees applied to the Seller for the bank transfers made and the goods delivery fee , if it was applied.

7. Product quality, guarantees.
7.1. The details of each good sold in the online store www.e-orto.lt are generally indicated in the description of each product.
7.2. The seller is not responsible for the fact that the color, shape, or other parameters of the goods in the online store may not correspond to the real size, shape and color of the goods due to the characteristics of the display used by the Buyer.
7.3. The seller is responsible for product quality defects that become apparent within two years of the delivery of the product.
7.4. If product defects become apparent within 6 months from the delivery of the item, then they are considered to have existed at the time of delivery, unless this is incompatible with the nature of the item or its defect.
7.5. The seller provides a quality guarantee valid for a certain period of time for certain types of goods, the specific term and other conditions of which are indicated in the descriptions of such goods.
7.6. In all cases, the seller guarantees the quality of the goods, and the quality guarantee for all goods is valid for two years from the date of purchase of the goods (Article 6.363, paragraph 1 of the Civil Code).

8. Return and exchange of goods.
8.1. Goods of unsuitable quality are exchanged for goods of suitable quality. Goods of inappropriate quality and/or of appropriate quality, but not suitable, are returned in the cases and conditions set forth in Articles 6.363 and 6.364 of the Civil Code. Money is returned for returned goods immediately and no later than within 14 (fourteen) days, always transferred only to the same bank account of the payer from which the payment was made, unless there is no other clear agreement. The costs of returning goods of unsuitable quality are borne by the seller (Article 6.363, Clause 8 of the Civil Code), and the costs of returning goods of appropriate quality, but not suitable, are borne by the Buyer (Civil Code, Article 6.22811, Clause 6).
8.2. In order to return the product(s) based on 8.1 of the Purchase Rules, the Buyer can do this within 14 (fourteen) days from the day of delivery of the goods to the Buyer, by informing the Seller by e-mail info@e-orto.lt, indicating the name of the returned product and order number.
8.3. The buyer's right to withdraw from the concluded contract (return the product(s)) does not apply to the following exceptions provided for in Article 6.22810, Part 2 of the Civil Code:
8.3.1. for goods individually manufactured according to the specific instructions of the user, which are not pre-made, and which are manufactured according to the user's personal choice or instruction, or for goods that are clearly adapted to the user's personal needs, e.g. individually made brace, individual insoles incl. similar goods;
8.3.2. for packaged goods that have been unpacked after delivery and are unsuitable for return due to health or hygiene reasons, e.g., underwear, compression socks and pantyhose, foot care products such as silicone toe pads or insteps, etc.; Quality items such as tights, socks, stockings, bras, waist corsets, knee braces, arm braces, insoles, silicone toes cannot be returned.
8.4. When returning goods to the buyer, it is necessary to comply with the following conditions:
8.4.1. the returned product must be in a neat package and securely packed;
8.4.2. the product must be undamaged by the Buyer;
8.4.3. the product must be unused, without losing its appearance as a product (authentic label intact, protective film not torn off, etc.) (this clause does not apply in the case of returning a defective product);
8.4.4. the returned product must be in the same configuration as the Buyer received it;
8.4.5. when returning the product, it is necessary to present the purchase document or its copy and a completed product return form. For the Goods return form, apply by e-mail info@e-orto.lt or by downloading it.
8.5. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with 8.4. the procedures for returning goods.
8.6. When returning the wrong product and/or low-quality product, the Seller undertakes to take back such products and replace them with similar, suitable products.
8.7. If a price difference occurs when exchanging goods, the Buyer must settle with the Seller according to the recalculated prices.
8.8. In the event that the Seller does not have goods suitable for replacement, the Buyer shall be refunded the full amount paid immediately and no later than within 14 (fourteen) days from the day he received the consumer's notice of withdrawal from the contract (Article 6.22811, Paragraph 2 of the Civil Code).

9. Liability of buyer and seller.
9.1. The Buyer is fully responsible for the correctness of the personal data provided by the Buyer. If the Buyer does not provide accurate personal data in the registration form, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation from the Buyer for direct losses incurred.
9.2. The Buyer is responsible for the actions performed using this online store.
9.3. After registering, the Buyer is responsible for transferring their login data to third parties. If the services provided by the online store are used by a third person who is connected to the online store using the Buyer's login data, the Seller considers this person to be the Buyer.
9.4. The Seller is released from any responsibility in cases where losses arise because the Buyer, regardless of the Seller's recommendations and the Buyer's obligations, did not familiarize themself with these Rules, although they were given such opportunity.
9.5. If the Seller's online store contains links to the online stores of other companies, institutions, organizations or individuals the Seller is not responsible for the information or activities there, does not supervise or control those websites and does not represent those companies and individuals.
9.6. In the event of damage, the guilty Party compensates the other Party for direct losses.

10. Marketing and Information.
10.1. The Seller may, at its discretion, initiate various promotions in the online store.
10.2. The Seller has the right to unilaterally, without separate notice, change the conditions of a sale, as well as to cancel them. Any change or cancellation of the terms and conditions of a sale is valid only going forward, i.e. from the moment of their execution.
10.3. The Seller sends all messages using the means of communication specified in the Buyer’s registration form.
10.4. The Buyer sends all messages and questions to the Seller’s phone and e-mail specified in the “Contacts” section of the online store.
10.5. The Seller is not responsible if the Buyer does not receive the sent informational or confirming messages due to disruptions in the internet connection, e-mail service providers’ networks.

11. Final Provisions.
11.1 The contract is concluded, executed and all communication between the Buyer and e-orto.lt takes place in the national language.
11.2. These rules for the purchase of goods are drawn up in accordance with the laws and regulations of the Republic of Lithuania.
11.3. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania. You can submit a request/complaint about a product purchased on our website:
11.3.1. To the State Office for the Protection of Consumer Rights (Vilniaus St. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. 8 5 262 67 51, fax (8 5) 279 1466, website www.vvtat.lt).
11.3.2. State Consumer Rights Protection Service for territorial divisions in counties.
11.3.3. Also fill out the application form on the EGS (Electronic Dispute Resolution) platform http://ec.europa.eu/odr/".