Terms of service

Updated: 2021.12.07.

1.1 These terms and conditions of sale and purchase of goods (hereinafter referred to as the Rules) are a legally binding document for the Parties, which sets out the rights and obligations of the Parties when the Buyer purchases Goods from the Seller in the online store www.rustile.lt (hereinafter referred to as the eShop). Under these Rules, the Seller undertakes to deliver, and the Buyer to pay for and accept the Goods ordered in the eShop.
1.2 Before registering a Buyer Account and starting to use the eShop (placing the first order), the Buyer must read these Rules and agree to comply with them. If the Buyer does not agree to these Rules, the Buyer Account will not be registered and the Buyer will not be able to use the eShop.
1.3 The terms written with a capital letter in these Rules have the following meanings:
(a) Goods – tangible items offered for purchase by the Buyer through the eShop administered by the Seller.
(b) Seller – the company selling the Goods and administering and maintaining the eShop, UAB Rustilė, company code 300082566, VAT code LT100001728518, address Jankiškių g. 43A, LT-02300 Vilnius. Data about the Seller is collected and stored in the Register of Legal Entities. More information about the Seller is provided in the eShop sections https://rustile.lt/pages/apie-mus and https://rustile.lt/pages/kontaktai.
(c) Buyer – a natural or legal person who uses the eShop and purchases Goods in it.
(d) Account – the result of the Buyer's registration in the eShop, which creates a personal section in the eShop that stores the Buyer's personal data, messages, and order history.
(e) Personal data – any information collected by the Seller about the Buyer or their representative (a natural person) as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(f) Parties – the Seller and the Buyer.
1.4 The sale and purchase agreement for a specific Good is considered concluded from the moment when a registered Buyer in the eShop, having selected the Goods (added them to the cart) and specified the delivery method, confirms the order and pays for the ordered Goods in accordance with the procedure set out in these Rules.
1.5 The Seller processes the Buyer's Personal data in accordance with the Seller's approved https://rustile.lt/policies/privacy-policy. Personal Data Protection and Privacy Policy, which contains important provisions of the Rules, so the Buyer must read them carefully and ensure that all provisions of the Privacy Policy are clear and acceptable.
1.6 These Rules are prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on Consumer Protection of the Republic of Lithuania, other legal acts of the Republic of Lithuania, and established good business practices for the sale and purchase of goods. If any provision of these Rules contradicts the laws of the Republic of Lithuania or for any reason becomes wholly or partially invalid, this does not invalidate the remaining provisions of the Rules.
1.7 The Seller reserves the right to change, amend, or supplement these Rules at any time. Buyers are informed about changes to the Rules in the eShop. Amendments to the Rules come into force after their publication in the eShop. When shopping in the eShop, the version of the Rules valid at the time of order confirmation applies. The Buyer must act diligently and check the applicable Rules before ordering Goods.

2.1 All information about the Good, its price and additional costs (if any), the manufacturer's warranty period (if applicable), and other characteristics of the Goods are provided in the product descriptions in the eShop. The product photos displayed in the eShop are for illustrative purposes only, and the appearance or related features of the Goods shown may differ visually from reality. When ordering a Good, the Buyer should always refer to the product description provided in the eShop.
2.2 The price of the Goods in the eShop is indicated in euros, including the VAT rate valid at the time according to legal acts and other taxes (if applicable), as well as any discounts applied to the price of the Goods (if applicable).
2.3 The Seller confirms the order of the Good to the Buyer at the email address specified in their Account after the Buyer pays for the ordered Goods by credit card, electronic banking, or other methods specified in the eShop and according to the instructions provided at the time of order.
2.4 By confirming the Rules, the Buyer agrees that in exceptional cases the Seller may not confirm the order or may cancel and annul a confirmed order if, due to a technical error in the eShop's information systems, obvious (mistaken) errors, or other objective essential reasons beyond the Seller's control, such as the specific Good not being in the Seller's warehouse and/or its delivery from the manufacturer taking disproportionately long, and/or the Good is no longer produced, the price or related costs have changed, or the Seller has lost the right to sell the Goods. The Buyer is immediately informed about the termination of the order or cancellation of confirmation, or about a changed delivery time, price, or other conditions, in their Account or at the email address provided at the time of order. If the delivery times, price, or other conditions change, the Seller undertakes to contact the Buyer immediately and agree on the delivery terms and other conditions. If the order is cancelled as provided in this clause, the Seller undertakes to refund the Buyer all amounts paid for such cancelled order.
2.5 By confirming the Rules, the Buyer agrees that the purchase documents for the Goods – the VAT invoice – will be provided only in electronic form, sent to the Buyer's email address specified at the time of order. The VAT invoice will indicate the Seller's details, selected goods, their quantity, discounts granted, the final price including all taxes, and other data required by accounting regulations.
2.6 The method of delivery of tangible Goods (postal delivery, courier delivery, pickup at the Seller's location) is chosen by the Buyer at the time of order, and the Seller delivers the ordered Goods accordingly.
2.7 The price of the delivery service (if applicable) is indicated at the time of placing the order.
2.8 When choosing delivery to a specified address at the time of order, the Buyer undertakes to provide the exact delivery address. If the Buyer does not personally accept the Goods when delivered to the specified address, the Seller has the right to hand over the Goods to another third party at the address provided by the Buyer, and the Buyer has no right to make claims to the Seller regarding delivery to the wrong person.
2.9 The Seller delivers the Goods to the Buyer in accordance with the terms and conditions specified in the eShop section https://rustile.lt/policies/shipping-policy. Delivery times do not apply if the Seller does not have the required goods in stock, and the Buyer is informed about the shortage of the ordered Goods. By confirming these Rules, the Buyer agrees that in exceptional cases delivery may be delayed due to unforeseen circumstances beyond the Seller's control. In such cases, the Seller undertakes to contact the Buyer immediately and agree on the delivery terms and other conditions.
2.10 Upon receipt of the Goods, the Buyer must check the condition of the shipment and the Goods. If the Buyer notices that the packaging is damaged (crumpled, wet, or otherwise externally damaged), the Good is damaged and/or is of incorrect composition, the Buyer must note this in the delivery-acceptance document in the presence of the courier, or in the case of physical pickup at the Seller's store, in the presence of the Seller's representative, and draw up a free-form report of the shipment and/or Good's damage/discrepancies. If the Buyer fails to do so, the Seller is released from liability for damage to the goods not caused by manufacturing defects, as well as for discrepancies in the composition of the goods that could be determined by external inspection.
2.11 The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the Buyer.

3.1 The sale and purchase agreement for a specific Good is considered concluded from the moment when the Buyer, having formed a cart in the eShop and confirmed that they have read these Rules, confirms the order and pays for it in accordance with the procedure set out in these Rules. If the Buyer does not pay for the order, the sale and purchase agreement is considered not concluded.
3.2 By ordering Goods and confirming that they have read these Rules, the Buyer declares that, in accordance with the procedure set out in these Rules, they have the right to purchase Goods in the eShop and confirms that the personal data provided in the order is correct.
3.3 The order procedure established by the Seller allows the Buyer to check and correct errors before submitting the order for processing. The Seller recommends that Buyers carefully check the order before submitting it for processing.
3.4 After the Buyer submits the order for processing and pays for it as provided in clause 2.3 of these Rules, the Seller sends a confirmation of order processing to the Buyer's email address specified in the Account and/or by SMS.
3.5 Once the order is fulfilled, the Buyer is informed by email specified in the Account and/or by SMS about the fulfillment (delivery) of the order.
3.6 The order is registered and stored in the eShop database and can be viewed in the Buyer's Account.
3.7 The Seller reserves the right to reject the Buyer's order or a specific Good in a combined order if it is not possible to sell the Good, and immediately informs the Buyer by email specified in the Account and/or by SMS, and no later than within 14 (fourteen) calendar days refunds the Buyer the amount paid for the Goods.

4.1 The Seller guarantees that the Goods offered for purchase in the Seller's eShop are of appropriate quality:
(a) they correspond to the description provided by the Seller and have the same characteristics as the sample or model presented by the Seller in advertising or in the eShop;
(b) they are suitable for the purposes for which such goods are normally used;
(c) they meet the quality indicators that are usually characteristic of goods of the same type and which the Buyer can reasonably expect according to the nature of the goods and the public statements made by the manufacturer, its representative, or the Seller, including advertising and labeling, regarding the specific characteristics of the goods.
4.2 The Seller is not responsible if the Goods offered for purchase in the eShop differ in size, shape, color, or other parameters from the actual goods due to the Buyer's equipment or other technical reasons. When purchasing a Good, the Buyer should always refer to the information provided in the specific product description in the eShop.
4.3 The quality guarantee provided by the Seller does not limit or restrict the consumer rights established by the laws of the Republic of Lithuania when purchasing goods or services of inadequate quality.

5.1 The Buyer has the right to use the eShop and purchase Goods in accordance with these Rules and to require the Seller to fulfill the obligations assumed under these Rules.
5.2 By using the eShop, creating an Account, and purchasing Goods offered in the eShop, the Buyer confirms that they are a legally capable natural person and/or are lawfully representing a third party on whose behalf they are acting, and undertakes to:
(a) provide correct email address and contact phone number, as well as other contact information required to use the eShop as a registered user or to place and submit an order for processing. It is prohibited to register an Account in the eShop using someone else's data;
(b) not violate the obligations set out in these Rules and not abuse the rights granted to the Buyer under these Rules;
(c) use the eShop honestly and correctly, not harm its operation and stable functioning and/or not copy the content of the eShop, not remove authorship or trademarks from any copies of the eShop content, not create an electronic or manually reconstructed database based on the eShop content, not place the eShop content on other websites, and not alter the content in any document downloaded from the eShop;
(d) not use any automated means and/or additional computer hardware and/or software to view and/or save data, as well as not use any means to process the content and/or design of the eShop and/or product descriptions and photos, or to copy, encrypt, reprogram, transfer, redirect them in any way other than as allowed by the eShop functionalities;
(e) keep the Buyer's login data safe from third parties, except for persons authorized by the Buyer to represent them in using the eShop and purchasing Goods, and in case of loss or if they become known to third parties and/or in case of unauthorized disclosure, theft, or illegal use of login data, immediately inform the Seller;
(f) inform the Seller about any changes to the Buyer's data provided for registration in the eShop or update them independently in the Buyer's eShop Account;
(g) pay the Seller for the Goods and other paid services ordered in the eShop in accordance with these Rules;
(h) inspect the purchased Good and ensure that the received Good is the one ordered before starting to use it;
(i) comply with other obligations set out in these Rules and the laws of the Republic of Lithuania.
5.3 The Seller undertakes to comply with the obligations set out in these Rules and to ensure that the Buyer can properly use the eShop, and to make every effort to ensure that the eShop operates without interruptions and is always accessible to Buyers.
5.4 The Seller undertakes to respect the privacy of Buyers and to process their Personal data strictly in accordance with legal requirements and the Seller's approved Privacy Policy.
5.5 The Seller has the right, at its discretion, to temporarily restrict or terminate the Buyer's use of the eShop and purchase of Goods, including changing any information provided by the Buyer in the eShop, or canceling the Buyer's eShop Account and prohibiting the Buyer from re-registering in the eShop, when:
(a) the Buyer violates these Rules and/or performs any other prohibited actions that contradict the laws of the Republic of Lithuania and/or good morals and ethical standards, or otherwise violates the rights of third parties;
(b) the Seller needs to perform technical maintenance and/or updates of the eShop;
(c) the Buyer, by using the eShop, may cause or causes damage to the Seller, its reputation, other Buyers and/or third parties, and/or when it is necessary to protect the rights and legitimate interests of the Seller, other Buyers and/or third parties.
5.6 The Seller has the right, without separate notice to the Buyer, to engage third parties for any actions related to these Rules, as well as to transfer its rights and obligations arising from these Rules to third parties.

6.1 The Buyer has the right, without giving a reason, except for the exceptions specified in clause 6.9 of these Rules, to withdraw from the sale and purchase agreement and return or exchange Goods of suitable quality within 14 (fourteen) calendar days, following the procedure for exercising this right set out in this section of the Rules.
6.2 The Buyer's right to withdraw from the contract and return or exchange Goods of suitable quality does not apply to sale and purchase agreements (orders) for:
(a) Goods made to the Buyer's special instructions, which are not pre-manufactured and are made according to the Buyer's personal choice or instruction, or Goods that are clearly tailored to the Buyer's personal needs according to specific consumer requirements, non-returnable under Article 6.228(10) part 2 of the Civil Code.;
(b) packaged Goods that have been unsealed after delivery and are not suitable for return due to health protection or hygiene reasons;
(c) Goods which, after delivery, due to their nature, become inseparably mixed with other items;
(d) Goods specified in Article 6.228(10) part 2 of the Civil Code.
6.3 The Buyer wishing to exercise the right of withdrawal provided in clause 6.1 of these Rules must, no later than within 14 (fourteen) days from the day the Buyer receives the ordered Good (if more than one Good was ordered in a single order, then from the day the Buyer receives the last item), submit to the Seller a free-form request for the return or exchange of the Good by email specified in the eShop, together with a copy of the document confirming payment for the Good (VAT invoice or payment transaction statement), indicating the bank account to which the Seller must transfer the refunded funds (if any).
6.4 Upon the Buyer exercising the right of withdrawal as set out in clause 6.3 of these Rules, the Parties' obligations to perform the sale and purchase agreement end, except for the Buyer's obligation to return the Good to the Seller as set out in clauses 6.5–6.6 (if the Goods were received before exercising the right of withdrawal) and to pay the Seller for services provided or goods acquired under additional agreements (if services were provided or goods acquired before withdrawal), and the Seller's obligation to refund the Buyer for the Good as set out in clause 6.7.
6.5 Upon the Buyer exercising the right of withdrawal as set out in clause 6.3 of these Rules, any additional agreements related to the sale and purchase agreement under which the Buyer acquires additional goods or services provided by the Seller or another person by agreement with the Seller are automatically terminated without any additional cost to the Buyer. The Buyer must compensate the Seller proportionally for services or goods acquired under additional agreements provided up to the moment the Buyer submitted the notice of withdrawal as set out in clause 6.3.
6.6 If tangible Goods are being returned, the Buyer, having submitted a request for return or exchange as set out in these Rules, must immediately, but no later than within 14 (fourteen) days from the date of submitting the request to the Seller, at their own expense, send or deliver the returned Goods to the Seller.
6.7 The Seller, no later than within 14 (fourteen) days from the receipt of the properly returned Goods, refunds the Buyer the amount paid for the Goods, except for the exceptions specified in clause 6.9 of these Rules. The money is refunded to the Buyer's bank account, which must be specified in the Buyer's request under clause 6.3.
6.8 The Good returned by the Buyer must be undamaged, in its original neat packaging (with authentic labels, protective measures, and complete with all accessories as sold, with instructions and documents if provided with the Good), not lost its commercial appearance or properties, and unused.
6.9 The Seller has the right to refuse to accept the Good returned by the Buyer if the returned Good does not meet the requirements set out in clause 6.8 of these Rules due to the Buyer's actions not necessary to determine the nature, characteristics, and functioning of the Good, or if the Good is not suitable for return on the grounds specified in clause 6.2 of these Rules.
6.10 If the Buyer has purchased Goods of inadequate quality, their defects are eliminated, defective goods are exchanged or returned in accordance with the procedure set out below and in accordance with the requirements of the laws of the Republic of Lithuania.
6.11 If the Buyer has purchased a Good of inadequate quality and has informed the Seller about it or the inadequate quality is due to a manufacturing defect present at the time of purchase or non-compliance with the manufacturer's specifications, the Buyer may return the Good and, at their choice, require the Seller to:
(a) eliminate the defects of the Good free of charge within a reasonable time, if the defects can be eliminated;
(b) appropriately reduce the price of the Good;
(c) replace the Good with an identical Good of suitable quality, except in cases where the defects are minor or occurred due to the Buyer's fault;
(d) refund the price paid for the Good and withdraw from the sale and purchase agreement if the sale of Goods of inadequate quality is a material breach of the sale and purchase agreement;
(e) unilaterally terminate the sale and purchase agreement, except in cases where the defect is minor, and demand a refund of the price paid.
6.12 The Buyer may choose only one of the remedies specified in clause 6.11 of these Rules and must inform the Seller of their choice as set out in clause 6.13. If the Seller is unable to implement the remedy chosen by the Buyer under clause 6.11, the Seller will offer an alternative remedy specified in clause 6.11. The Buyer does not have the right to change the chosen remedy. The Buyer does not have the right to unilaterally terminate the sale and purchase agreement if the defect is minor.
6.13 The Buyer wishing to exercise the right to return a Good of inadequate quality as set out in clause 6.11 of these Rules must submit to the Seller a free-form request for the return of the Good of inadequate quality by email specified in the eShop, indicating their chosen remedy under clause 6.11, and together with the request provide a copy of the document confirming payment for the Good (VAT invoice or payment transaction statement).

7.1 The Seller is liable for the operation of the eShop and service disruptions and for any resulting damage to the Buyer or third parties only if such damage was caused by the Seller's intentional actions.
7.2 The Buyer is liable for illegal actions performed using the eShop, including but not limited to the accuracy of statements and confirmations provided during Account registration and/or order placement, and the accuracy of Personal data. The Buyer understands and acknowledges that they are responsible for the transfer of their data, including Personal data, to third parties. If a third party uses the eShop (using the Buyer's data), the Seller considers this person to be the Buyer and all related obligations fall on the Buyer.
7.3 The Seller is not liable for the non-operation of the eShop and non-provision or improper provision of services and/or damage caused to the Buyer if this occurred due to the Buyer's or third parties' fault or due to circumstances beyond the Seller's control that could not have been reasonably foreseen or prevented.
7.4 The Seller is released from any liability if the Buyer suffers losses because they did not actually read these Rules, the Privacy Policy, and/or other information provided in the eShop in the description of a specific Good.

8.1 The Parties may exchange information electronically, and such exchange of information will be considered valid and equivalent to written documents. All communication related to the use of eShop services and/or the performance of sale and purchase agreements for Goods is carried out as follows:
(a) The Buyer sends all notifications, requests, demands, and questions via the eShop environment to the email address specified at https://rustile.lt/pages/kontaktai;
(b) The Seller sends all notifications and other information to the Buyer at the email address specified in the Account or at the time of order, which is considered received by the Buyer 12 hours after it is sent;
(c) The Buyer is also considered properly informed about the Seller's notifications under these Rules if the relevant information is provided to the Buyer by phone call and/or SMS to the phone number specified in the Account or at the time of order.
8.2 The Rules are drawn up in accordance with the laws of the Republic of Lithuania.
8.3 All disputes arising from the performance of these Rules shall be resolved through negotiations. If no agreement is reached within 14 (fourteen) calendar days, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.
8.4 The Buyer (if a consumer) who does not agree with the Seller's response to a written complaint may submit a request/complaint regarding a Good purchased in the eShop to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. 85 262 67 51, fax (85) 279 1466, website www.vvtat.lt (also to the territorial divisions of the State Consumer Rights Protection Authority in the counties) or fill in the application form on the ODR platform https://ec.europa.eu/odr/ .
8.5 This version of the Rules is considered the first (original) version.