I. GENERAL PROVISIONS
- These rules for the purchase and sale of digital content goods/services, hereinafter referred to as the Goods, hereinafter referred to as the Rules, constitute a legally binding document for the Parties, which establishes the rights, obligations, and liability of the Buyer and the Seller when the Buyer purchases goods in the online store www.emclt.lt.
- The Seller reserves the right to amend, correct, or supplement the Rules at any time, taking into account the requirements established by legal acts. The Buyer is informed about changes on the website of the online store. When the Buyer shops in the online store, the Rules valid at the time of placing the order apply.
- The following persons have the right to use the services of the online store:
3.1. legally capable natural persons who are at least 18 years of age;
3.2. legal entities;
3.3. authorized representatives of all the persons listed above.
- In order to use the services of the online store, the Buyer must choose the purchase method with registration.
- The personal data provided by the Buyer — first name, last name, email address, authentication data, personal identification number, login password — when registering in the online store are stored and processed in accordance with the Law on Legal Protection of Personal Data of the Republic of Lithuania and Annex 1 to these Rules, “Privacy Policy,” which is also published on the Seller’s website www.emclt.lt.
- The prices of the Goods indicated in the online store’s product catalog are valid only when purchasing these Goods in the online store. The prices of Goods in the online store are indicated inclusive of VAT.
- The purchase and sale agreement between the Buyer and the Seller is deemed concluded from the moment when the Buyer, in the online store, after forming a shopping cart, entering the delivery address, choosing the payment method, and becoming familiar with these Rules by reading them and clicking the button “I agree with the Rules,” clicks the “Save” button. The agreement concluded electronically between the Buyer and the Seller is stored in the online store and may be available to you in electronic form.
- The Buyer is informed about the conclusion of the purchase and sale agreement by a notification sent to the specified email address.
- The agreement between the Buyer and the Seller is deemed concluded from the moment when the Buyer, in the online store, after forming a shopping cart, choosing the payment method, and becoming familiar with the Seller’s rules, clicks the “Confirm order” button — see Section IV, “Ordering Goods and Payment for Goods.”
II . RIGHTS AND OBLIGATIONS OF THE BUYER
- The Buyer may choose and order any product from the goods presented in the online store catalogs.
- By using the services of the online store, the Buyer agrees to these purchase and sale agreement rules and must comply with them.
- The Buyer must provide complete and correct data in the online store registration form. If the Buyer’s personal data changes and the Seller is not informed about this, the Buyer assumes all risk of losses arising from this.
- The same person is prohibited from registering and using the services provided by the online store under several names.
- The Buyer undertakes not to transfer their registration and login data to third parties. If the Buyer loses their login data, they must immediately inform the Seller by email at info@emclt.lt. The Seller is not liable for the actions of third parties using the Buyer’s login data before the moment of notification.
- The Buyer is responsible for all actions performed using the online store.
- The Buyer has the right to withdraw from the purchase and sale agreement with the online store by notifying the Seller in writing — by email, indicating the product to be returned and its order number — no later than within 14 fourteen working days from the day of delivery of the Goods, except in cases where the agreement cannot be withdrawn from under the provisions of the Civil Code. The list of non-returnable goods is provided in Article 6.228-10, paragraph 2 of the Civil Code.
- The Buyer undertakes to comply with these Rules and the procedure established by the legal acts of the Republic of Lithuania.
III. RIGHTS AND OBLIGATIONS OF THE SELLER
- Under the conditions provided for in the Rules, the Seller undertakes to accept Goods returned by the Buyer in accordance with these Rules and the rules for returning Goods.
- The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer does not pay for the Goods using the chosen payment method within 3 three working days. Note: the Lithuanian text says “3 (five) working days,” which is internally inconsistent.
- If uncertainties arise regarding the information provided in the order, the Seller has the right to contact the Buyer using the details specified in the order. In such a case, the delivery period for the Goods begins to be calculated from the day of contact with the Buyer. The Seller has the right to cancel the Buyer’s order without prior notice:
20.1. if the Seller fails to contact the Buyer within 1 one working day after submission of the order;
20.2. if the Buyer does not provide the Seller with the requested information within the period specified by the Seller;
20.3. if the Buyer does not provide the Seller with consent to verify their personal data.
- If false, inaccurate, misleading, or incomplete requested data are provided during registration or later, or if the Buyer fails to comply with other obligations provided for in these Rules, the Seller has the right to immediately cancel the registration and delete the Buyer’s data or restrict the Buyer’s right to use the services provided by the online store. Only the Buyer is responsible for the consequences caused by incorrect data provided by the Buyer.
- The Seller reserves the right, without prior warning, to suspend or terminate the Buyer’s registration and use of the online store services if there is reason to believe that the Buyer is engaging in unauthorized activity or otherwise attempting to harm the operation or stable functioning of the online store.
- The Seller has the right to cancel the concluded purchase and sale agreement if the stock of the Goods specified in the agreement has run out, as well as if the agreement was concluded by a person who, under these Rules, did not have the right to conclude it.
- If unforeseen circumstances arise and the Seller is unable to deliver the Goods to the Buyer, the Seller undertakes to offer an analogous product or a product that is as similar as possible in its characteristics. If the price of the analogous or similar product offered by the Seller differs from the price of the original product, the Buyer must pay the difference, or the Seller must refund the Buyer the difference in the price paid. If the Buyer refuses to accept the product offered as analogous or similar, the Seller undertakes to refund the money paid by the Buyer within 14 fourteen working days, if advance payment was made, and in all cases to cancel the order.
- The Seller is not liable for the actions of third parties when, using the Buyer’s banking system, they conclude purchase and sale agreements using the services of the online store.
- The Seller undertakes to provide all conditions for the Buyer to use the services provided by the online store.
- The Seller undertakes to respect the Buyer’s privacy. The Seller must process the Buyer’s personal data only in accordance with these Rules, the Privacy Policy, and the legal acts of the Republic of Lithuania.
IV. ORDERING GOODS AND PAYMENT FOR GOODS
- In this store, the Buyer may purchase 24 hours a day, 7 days a week.
- The agreement enters into force from the moment when the Buyer clicks the “Confirm order” button.
- The prices of Goods in the online store and in the formed order are indicated in euros, EUR, including VAT.
- The Buyer may pay for the Goods:
31.1. using the online banking system Paysera;
32.2. by advance bank transfer. Note: the numbering in the Lithuanian text appears to contain an error; this should likely be 31.2.
- The Buyer undertakes to pay for the Goods immediately. Only after payment for the Goods has been received does the provision of the digital content Goods begin, or the delivery period for the Goods start to be calculated. Note: the Lithuanian text repeats numbering “31.”
- In all cases, the Seller is released from liability for breach of the deadlines for providing the Goods if the Goods are not provided to the Buyer or are provided late due to the Buyer’s fault or due to circumstances beyond the Seller’s control.
V. RETURN OF GOODS AND MONEY
- The Buyer has the right to return the purchased digital content Goods within 14 calendar days from the date of conclusion of the agreement if such Goods are provided within the established period.
- The Buyer has the right to withdraw from the purchase and sale agreement by notifying the Seller about this in writing by email at info@emclt.lt. Buyers who are natural persons purchasing not for consumer purposes but for purposes related to their business, trade, craft, or profession — for example, a self-employed designer purchasing design software or professional video training — do not have the right to withdraw from the agreement.
- Rules for refunding money after purchasing Goods
35.1.1. If the Buyer, having paid the full price of the Goods under the concluded agreement, refuses the paid Goods before their delivery, the money is refunded to them within 14 fourteen days to the same bank account from which the payment was received.
35.1.2. If the Buyer refuses the Goods under the concluded agreement later, that is, within 14 calendar days, the amount paid by the Buyer is refunded according to the established procedure, meaning that the Seller deducts the amount for actually incurred expenses from the refundable amount, and the remaining amount is returned to the recipient of the service within 14 fourteen days from the day such refusal, or termination of the agreement, is received, to the same bank account from which the payment was received.
35.1.3. The Buyer must immediately notify the Seller when, if, the quality of the Goods is unsatisfactory. After delivery of the Goods under the agreement, the Seller reserves the right not to accept any claims regarding the quality of the Goods and not to refund the amount paid for the Goods. Legal basis: Article 6.228-10, paragraph 2, item 1 of the Civil Code of the Republic of Lithuania. In such a case, the Buyer has the right to contact the State Consumer Rights Protection Authority regarding the quality of the service provided.
35.1.4. The Buyer must express their free-form withdrawal from the agreement clearly and unambiguously and submit it to the Seller in writing, including by email at info@emclt.lt, indicating their first name, last name, VAT invoice number, and the date of purchase of the Goods.
35.1.5. Before contacting the State Consumer Rights Protection Authority, the Buyer must contact the Seller in writing, indicating their claim. The Seller will examine such a request from the Buyer within 14 fourteen days. If the Seller does not satisfy the Buyer’s claim, satisfies it partially, or does not provide a response within 14 days, the Buyer has the right to contact the State Consumer Rights Protection Authority for dispute resolution out of court. More information can be found at: https://www.vvtat.lt/vartotojams/kaip-pateikti-prasyma/431
VI. LIABILITY OF THE BUYER AND THE SELLER
- 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 liable for the consequences arising from this and acquires the right to demand compensation from the Buyer for direct losses incurred.
- The Buyer is responsible for their actions performed using this online store.
- A registered Buyer is responsible for transferring their login data to third parties. If the services provided by the online store are used by a third party who logs in to the online store using the Buyer’s login data, the Seller considers this person to be the Buyer.
- The Seller is released from any liability in cases where losses arise because the Buyer, despite the Seller’s recommendations and the Buyer’s obligations, did not become familiar with these Rules, although such an opportunity was provided to them.
- If the Seller’s online store contains links to websites of other companies, institutions, organizations, or persons, the Seller is not responsible for the information or activities found there, does not maintain or control those websites, and does not represent those companies or persons.
- In the event of damage, the guilty Party compensates the other Party for direct losses incurred.
VII. FINAL PROVISIONS
- The Seller reserves the right to suspend, supplement, or amend these Rules and other documents related to the Rules at its discretion, informing the Buyer about this in the online store. Supplements or amendments to the Rules enter into force from the date of their publication, that is, from the day they are placed in the online store system.
- If, after amendments to the Rules, the Buyer continues to use the services provided by the online store, it is considered that the Buyer agrees to the new version of the Rules, partial amendments, or supplements.
- The trademarks and logos, domain name, the website itself, as well as all its individual elements used in this online store, including texts, photographs, illustrations, drawings, and all material contained on the website, the layout, appearance, and design of any page of the website, and all intellectual property rights to them, belong exclusively to the operator of this website and/or other persons. You undertake not to copy, modify, or otherwise use these intellectual property objects without the separate written consent of the rights holder.
- Our Goods are marked with trademarks and/or other marks that belong to us and/or other persons and are protected by law. All intellectual property rights to the Goods and their individual parts also belong to us and/or other persons.
- All disagreements regarding the implementation of these Rules shall be resolved through negotiation. If no agreement is reached within 30 thirty days, disagreements shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
- These Rules are governed by the law of the Republic of Lithuania.
