Purchase terms of service

I. General provisions 

1.1. These purchase Terms of Service (hereinafter – Terms) determine the rights, obligations and responsibilities of the customer, purchasing goods in www.herosbags.com online store (hereinafter – Customer), and “HEROS” UAB (hereinafter – Seller) when Customer is buying goods in www.herosbags.com online store. When buying goods in the online store, the Customer agrees to these Terms.

1.2. Customer during order confirmation procedure by pressing button “I confirm my order” confirms, that he has carefully read all of the Terms of Service, understood their content and unconditionally agree to all of the provisions and terms in the Terms of Service and undertakes to comply with them. If Customer does not agree unconditionally and irrevocably to accept and comply with all the obligations imposed by these Terms, he is not entitled to any of Seller's online store’s services.

1.3. Seller is exempt from any liability in case of damage caused by the fact that Customer, regardless of the recommendations given and his commitment, did not get acquainted with the Terms of Service, even though he has been given such an opportunity.

1.4. Seller reserves the right at any time to change the Terms. Customer is the subject to the Terms, which were in force at the time of purchase.

 

II. Privacy policy 

2.1. Customer’s registration data will be used only by Seller and its partners, which are providing services related to the goods order, purchase and delivery.

2.2. By registering the Customer is not entitling the Seller to use Customer’s e-mail, phone number, address and other personal data for marketing purposes unless the Customer is opting to receive such information in the registration form.

2.3. The Customer confirms Seller’s right to collect, organize, manage and use personal data of the Customer, in ways not prohibited by any legislation of the Republic of Lithuania, which is provided directly or indirectly during Customer’s usage of online store’s services presented in the Terms of Service.

2.4. The Seller is committed not to disclose information about the Customer to third parties other than the Seller's partners, providing Customer’s order delivery and/or management services. Customer’s personal data may be disclosed to third party only in the cases provided by the legislation of the Republic of Lithuania.

2.5. Customer commits not to disclose registration credentials of www.herosbags.com online store. Also after completing the work with our online store, Customer undertakes to log out from our online store to be sure that none else can access his data, especially in the cases when public computer is used (such as University, internet cafes and others alike). If the Customer discloses his registration credentials or doesn’t log out of our online store after completing the work, the Seller is not responsible for any liability in respect thereof.

2.6. Seller has the right at any time, without prior notice, to suspend or restrict the Customer's access to the Services. It also has the right to terminate the operations of the online store without informing the customer.

 

III. Award of the contract

3.1. Purchase and sale contract between the Customer and the Seller is considered to be formed from the moment Customer has formed an online store shopping cart, specified delivery address, selected payment method and got acquainted to these Terms, clicked the "I confirm my order" button and is valid until the full execution of the obligations under this contract. In cases where the buyer does not agree to all or a particular part of the rules, he must not confirm the order.

 

IV. Goods and their prices 

4.1. The Seller reserves the right at any time to change the supply of goods in the online store.

4.2. Public presentation of the goods does not obligate the Seller to sell them.

4.3. All possible measures are taken to ensure that the descriptions and colors of the products would be as accurate as possible. The colors seen on display are highly dependent on the Customers monitor, therefore the Seller cannot guarantee that the colors of the goods purchased will match the colors seen on Customers monitor. Weight, size and capacity are indicated with a 2% margin of error. The collection of goods and their descriptions are changed regularly. Seller shall not be liable to any person for any loss or damage that would result from use of the information provided on this website.

4.4. Product price is deemed to be the price that is indicated in the Customer’s shopping cart at the time of confirming the order. Product prices in the online store may be changed without prior notice, but all purchases made ​​on a certain time will be subject to the prices in force at the time of order. The indicated price does not include shipping and packing fees which are estimate at the time of order and added to the final price.

4.5. During the sale period the discounts cannot be combined, for the goods on sale additional are not applied. At one time, only one discount code may be applied.

4.6. The Seller does not guarantee that all items included in the HEROS online store are in stock at the time of your order. In the event that an item is unavailable, the Seller will contact you shortly by phone or by e-mail. The Seller cannot promise that the content of the online store is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. 

 

V. Customer rights 

5.1. The Customer has the right to purchase goods in the HEROS online store in accordance with these Terms and the Lithuanian legislation.

5.2. The Customer has the right to refuse the purchase and sale agreement formed in the online store with the Seller using a written notice to the Seller no later than 14 days from order delivery date. The Customer has the right to refuse the purchase and sales contract with the Seller only if the product is of good quality, has not been damaged and has not changed its appearance from when it was new.

5.3. The Customer has also other rights indicated in these Terms and laws of the Republic of Lithuania.

 

VI. Customer’s obligations 

6.1. The Customer must pay for the goods and the costs of delivery as well as other payments (if any specified in a contract) and receive the goods ordered. Customer pays for goods using their internet banking, to which the link is provided from the online store (if the Seller has an agreement with the Customers bank), via credit card or a bank transfer from any other bank to the Seller’s bank account indicated in the "Contacts".

6.2. Customer must provide complete and accurate data in the online store’s registration form. If the Customer’s personal data has changed, and the Seller is not informed nor the personal data is updated in the Customer’s account of the online store, the Customer is liable for any loss in respect.

6.3. Customer is responsible for all his actions carried out in an online store.

6.4. Customer is obligated not to give third parties his registration and login details. If the Customer loses his registration and/or login details, he must immediately inform the Seller by e-mail info@herosbags.com.

6.5. Seller is not responsible for any actions of third parties using Customer’s login details until the moment of information. In such a case, the Seller assumes that the actions carried out in the online store are Customer’s.

6.6. Customer must comply with the other rules and legal requirements set in the Terms and the legislation of the Republic of Lithuania.

 

VII. Seller’s rights 

7.1. The seller has the right to unilaterally terminate the purchase - sale contract and cancel the order if the Customer chooses to pay for the order via bank transfer and fails to make the payment within 7 (seven) working days from the date of the order.

7.2. If Customer provides false, inaccurate, misleading, or not at all required to submit data, or the Customer fails to comply with other obligations under these Terms, the Seller has the right to immediately cancel the registration, order and delete Customer’s data, or limit the Customer’s rights to use online store services. Customer is solely responsible for the possible consequences due to the incorrectly provided data.

7.3. The Seller reserves the right, without prior notice, to suspend or terminate the registration of the Customer and the use of online store services, if there is reason to believe that the buyer is engaged in unauthorized activities or other attempts to undermine the work of online store from stable operations.

7.4. The Seller has the right not to accept returned goods if the Customer fails to comply with the procedure for returning the goods set in these Terms.

7.5. The seller has the right to unilaterally terminate the purchase - sale contract and cancel the order if the goods being ordered are physically out of stock in the warehouse or the price in the system has been indicated incorrectly. In such case the Customer would be refunded, if the payment had been already made.

7.5. The Seller has also other rights indicated in these Terms and laws of the Republic of Lithuania.

 

VIII. Seller’s obligations 

8.1. The Seller commits to put in all efforts in order to enable the Customer to use the online store services appropriately.

8.2. When the Seller is not able to deliver the goods ordered by the Customer, Seller is committed to offer a similar product. If a product offered is not suitable for the Customer and he refuses to accept the proposed product, the Seller is obligated to fully refund the Customer for the purchased item within 7 working days.

8.3. Seller is obligated to comply with the other requirements set out in these Terms.

 

IX. Delivery of the goods 

9.1. The goods are delivered either by the Seller or by the authorized representative of the Seller – Courier (AB Lithuanian Post, Omniva, DPD).

9.2. Seller agrees to deliver the goods ordered by the Customer to the address indicated in Lithuania within 1-7 working days from the date of the payment for the goods and the delivery period to other countries depends on the delivery periods indicated by the Sellers authorized representative Lithuanian Post. The customer also agrees that in rare cases the delivery may be delayed due to unforeseen circumstances.

9.3. At the time of the delivery of the goods, the Customer must, together with the Courier, check the status of the parcel if the parcel is not crumpled, wet, torn or otherwise damaged externally. If the parcel is damaged, the Customer shouldn’t accept the delivery and indicate in the delivery document the damages identified. If the Customer fails to inspect the parcel with the courier and accepts the delivery - Customer does not have any right to make claims for delivered damaged goods and the Seller is exempt from any liability for failing to complete this procedure.

9.4. When the Courier delivers the goods to the Customer, it is considered that the goods have been received by the Customer, regardless of whether the goods are received by the Customer himself or any other person at the address indicated in the order. If the goods are not delivered on the date indicated by the Courier, the Customer shall immediately, but no later than the day after the indicated date of delivery, notify the Seller. Otherwise, the buyer loses the right to make claim to the Seller due to the failed delivery or late delivery.

 

X. Returns of the goods 

10.1. Return procedure is organized in line with these legislations: 2001 June 29th Lithuanian Minister of Economy no. 217 “Approval of goods return and exchange rules” and the Lithuanian Minister of Economy No. 258 “Sale of the goods and provision of the services, which are provided by means of communication, rules".

10.2. The returned item must be in its original state and with purchase of the good receipt. The Customer is responsible for packaging the goods in their original state. If the product is not in its original state (is missing parts or has other deficiencies) and properly packed, the Seller or Seller's representative has the right to decline the return.

10.3. The Customer returns the goods at his own expense. When returning by mail, goods must be in their original packaging and sent to UAB “Heros”, Šaulių 19, LT-92233 Klaipėda.

10.4. The goods being returned will not be accepted if they have been used, and (or) have been damaged, and (or) lost visual appeal (product or its packaging appearance changes that were necessary in order to inspect the product, are not considered substantial changes in appearance).

10.5. In all cases, the Customer must first contact the Seller with regards to the possible return. And only after the Seller agrees to accept the return may the Customer send it to the Seller via courier or post services.

 

XI. Responsibility 

11.1. For breaching the purchase and sale agreement, concluded through the online store, party shall be held responsible according to the laws of the Republic of Lithuania.

11.2. Taking into account the LR Law on Electronic Signature Section 8, 3 d. provisions, the Customer agrees with the seller that the Customer’s login to the online store using personal identification code has the legal binding power of the electronic signature defined in the Electronic Signature Law Section 8, 1 d. (has the same legal effect as a written signature and is admissible as evidence in court). Customer must keep their login details to the online store confidential and not disclose them, to ensure that the login details are known only to himself and the login details are used only by himself, not to transfer or otherwise make opportunity for other person access the personal login details and use them. If suspicious that login details might have leaked to another person, the Customer must immediately notify the Seller and immediately inform that the login details to the online store have been disclosed. All actions carried out through the login details of the Customer shall be deemed made ​​by the Customer, and the Customer liable for full responsibility for the consequences of such action.

11.3. If the online store contains links to other companies, organizations or individual’s websites, the Seller is not responsible for the information contained therein or activities of those sites as the Seller does not monitor, control, and doesn’t represent those companies and/or individuals.

11.4. In case of damage, the guilty party shall compensate the other party for the related direct losses.

 

XII. Final provisions 

12.1. Customer and the Seller agree that all information contained in Seller's online store website (including but not limited to these Terms, the information about the Seller, the proposed goods and services and their characteristics, the Customer’s right to withdraw the purchase and sale contract procedure, maintenance and guarantee services of the goods provided by the Seller (if applicable)) are deemed to be submitted to the Customer in writing.

12.2. These Terms are subject to the law of the Republic of Lithuania.

12.3. All disputes are dealt with mutual agreement. If mutual agreement is not reached – then according to the law of the Republic of Lithuania.