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MZR
Baltic

Terms and Conditions of Sale

1. DEFINITIONS

1.1. Terms and Conditions of Sale means these distance purchase and sale terms that set 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 provisions related to the purchase and sale of goods in the www.mzrbaltic.lt online store.

1.2. Online store means the online shop available at www.mzrbaltic.lt where the Buyer, whether registered or not registered in the online store system, may purchase goods offered by the Seller.

1.3. Seller means MZR Baltic, MB, registered and operating under the laws of the Republic of Lithuania, registration No. 302582926, with its address at Atgimimo g. 45, LT-68149, Marijampolė, website address www.mzrbaltic.lt.

1.4. Buyer means a person who meets the requirements provided in clause 2.2 of these Terms and Conditions of Sale and has purchased goods in the online store.

1.5. Purchase and sale agreement means the agreement for the sale and purchase of goods concluded between the Buyer and the Seller, consisting of the order submitted by the Buyer through the online store and these Terms and Conditions of Sale together with any later amendments and supplements.

1.6. Third country means a country that is not a member state of the European Union or another state of the European Economic Area.

2. GENERAL CONDITIONS

2.1. Under this purchase and sale agreement, the Seller undertakes to sell and deliver the product to the Buyer, and the Buyer undertakes to accept the product, pay the specified amount for it, reimburse delivery costs, and pay customs duties (where applicable in the Buyer’s country) under the terms set out in these Terms and Conditions of Sale.

2.2. Registered and unregistered customers of the online store system who are the following persons have the right to purchase goods in the online store:

  • 2.2.1. capable natural persons, i.e. persons who are 18 years of age or older whose legal capacity has not been restricted by a court;
  • 2.2.2. natural persons aged 14 to 18;
  • 2.2.3. legal entities.

2.3. The minors specified in clause 2.2.2 of the Terms and Conditions of Sale may purchase in the online store only with the consent of their parents, adoptive parents, or other authorized persons, except where they independently dispose of their earnings or personal funds.

2.4. Commercial activity in the online store is carried out from the Republic of Lithuania.

2.5. Together with the order submitted by the Buyer, these Terms and Conditions of Sale become a purchase and sale agreement concluded between the Buyer and the Seller and constitute a legally binding document for both parties.

3. BUYER’S RIGHTS

3.1. The Buyer has the right to purchase goods in the online store in accordance with these Terms and Conditions of Sale and the procedures established by the online store.

3.2. The Buyer has the right to withdraw from the purchase and sale agreement concluded in the online store by notifying the Seller and sending back the goods no later than within 14 (fourteen) calendar days from the date of delivery to the Buyer, in accordance with the Civil Code and these Terms and Conditions of Sale.

3.3. The right to withdraw from the concluded purchase and sale agreement does not apply to legal entities and their authorized representatives.

4. BUYER’S OBLIGATIONS

4.1. After placing an order in the online store, the Buyer must pay for the goods and accept them in accordance with these Terms and Conditions of Sale.

4.2. The Buyer undertakes not to transfer login details to third parties. If the Buyer loses their login details, they must notify the Seller no later than within 1 calendar day.

4.3. The Buyer must immediately update any changed data in the Buyer account information form.

4.4. When using the services of the online store, the Buyer undertakes to comply with these Terms and Conditions of Sale, with other conditions explicitly specified in the online store, and not to violate the laws of the Republic of Lithuania.

4.5. A Buyer from a third country undertakes to pay the customs duties applicable in their country.

5. SELLER’S RIGHTS

5.1. The Seller has the right to set, at its own discretion, a minimum cart size, i.e. the minimum amount required for the Buyer’s order to be processed. The amount of this minimum is indicated in the online store.

5.2. If the Buyer attempts to harm the stability or security of the online store or violates the obligations specified in section 4 of the Terms and Conditions of Sale, the Seller has the right to immediately and without notice restrict or suspend the Buyer’s ability to use the online store or cancel the Buyer’s registration.

5.3. The Seller has the right to suspend or terminate the operation of the online store temporarily or permanently without prior notice to the Buyer.

5.4. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, having chosen the payment methods specified in clauses 8.2.1 and 8.2.2 of the Terms and Conditions of Sale, does not pay for the goods within 3 (three) business days.

6. SELLER’S OBLIGATIONS

6.1. Under the conditions established in these Terms and Conditions of Sale and in the online store, the Seller undertakes to provide the Buyer with the opportunity to use the services of the online store (register in the online store system, create a shopping cart, place an order, pay for the order, and ship the goods specified in the order).

6.2. 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 9 of the Terms and Conditions of Sale.

6.3. If the Seller is unable to deliver the ordered product to the Buyer, the Seller undertakes to offer the Buyer an equivalent product or a product as similar as possible in its characteristics. If the Buyer refuses to accept the equivalent or most similar product, the Seller undertakes to refund the money paid for the goods within 5 (five) business days, provided that the Buyer had paid for the goods in advance.

7. BUYER REGISTRATION AND CONCLUSION OF THE PURCHASE AND SALE AGREEMENT

7.1. The Buyer may purchase goods either by registering in the online store system at www.mzrbaltic.lt or without registering, in accordance with the Rules provided on this website.

7.2. The agreement between the Buyer and the Seller is considered concluded from the moment the Buyer, having selected the product(s), formed a shopping cart, entered the required information in the order form, and chosen a payment method, confirms the order by clicking the “Continue” button.

7.3. Each purchase and sale agreement concluded between the Buyer and the Seller is registered and stored in the online store database. A Buyer who has created an account in the online store may view their purchase history after logging in to the online store system.

8. PRODUCT PRICES, PAYMENT PROCEDURE, AND DEADLINES

8.1. Product prices in the online store and in the completed order are indicated in euros including VAT. For buyers participating in the loyalty program, prices are shown with the applicable discount already applied. Product prices do not include delivery costs or customs duties applicable in the Buyer’s country. Delivery costs are paid by the Buyer according to the selected delivery method, unless the Seller applies promotions or a minimum free delivery basket. Delivery costs are indicated in euros in the order form.

8.2. The Buyer may pay for the goods using one of the following methods:

  • 8.2.1. by using electronic banking, where advance payment is made using the electronic banking system used by the Buyer. For a Buyer who has an electronic banking agreement, a payment is generated in the electronic banking system according to the order being paid for. The Buyer transfers the money to the online store account held with the bank chosen by the Buyer. Responsibility for data security in this case lies with the relevant bank, as all monetary transactions take place within the bank’s electronic banking system;

8.3. A foreign Buyer and a Buyer who has chosen the delivery method specified in clause 9.1.2 of the Terms and Conditions of Sale may pay for ordered goods only by the payment methods specified in clause 8.2.1.

8.4. If the Buyer chooses the payment methods specified in clause 8.2.1 of the Terms and Conditions of Sale, the Buyer undertakes to pay for the goods in advance. When these payment methods are chosen, the shipment begins to be prepared and the delivery term starts to run from the day the payment is credited to the Seller’s account.

8.5. The Seller is not responsible for the execution of payment transfers under clause 8.2.1 of these Terms and Conditions of Sale or for the timely crediting of such payments to the Seller’s account.

8.6. The Buyer is informed about the order fulfillment deadline by email.

9. DELIVERY OF GOODS

9.1. When ordering goods, the Buyer must specify in the order form:

  • 9.1.1. the delivery address for the goods, where the product is delivered to the Buyer by courier service;
  • 9.1.2. the name of the terminal where the Buyer indicates that the product will be collected;
  • 9.1.3. the address of the MZR Baltic, MB store in Marijampolė, where the Buyer indicates that the product will be collected from the specified store.

9.2. If the Buyer chooses to collect goods in the manner specified in clause 9.1.3 of the Terms and Conditions of Sale, once the goods are delivered to the selected branch, the Buyer is informed by SMS. If the Buyer chooses to collect goods in the manner specified in clause 9.1.2, once the goods are delivered to the selected terminal, the Buyer is informed by SMS with a code which the Buyer uses at the terminal to independently collect the goods in accordance with the terminal instructions.

9.3. Goods are handed over to the person specified in the order form. If that person is unable to accept the goods, and the goods were delivered to the address specified by the Buyer and based on other data provided by the Buyer, the Buyer has no right to raise claims against the Seller regarding delivery to an improper recipient or other delivery discrepancies.

9.4. Goods are delivered by the Seller or its authorized representative. Before delivering the goods, the Seller or its authorized representative contacts the Buyer and reconfirms the delivery conditions (delivery place and time, and the person collecting the goods).

9.5. Goods are delivered to the Buyer within the term individually agreed by the carrier and the Buyer. The carrier contacts the Buyer using the phone number provided in the order form. The Buyer agrees that due to unforeseen circumstances beyond the Seller’s control, the delivery term may differ from the term agreed by the Buyer and the carrier. In such circumstances, the carrier immediately contacts the Buyer and re-coordinates the delivery term and other delivery-related matters.

9.6. In cases where the required goods are not available in the Seller’s warehouse, the Buyer is informed about the shortage of the ordered goods and the delivery terms.

9.7. In all cases, the Seller is released from liability for breach of delivery deadlines if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or force majeure circumstances.

9.8. Upon delivery of the goods, the product is handed over to the Buyer together with an invoice (waybill) or another document confirming the transfer and acceptance of the shipment.

9.9. At the time of delivery, the Buyer must inspect the condition of the shipment together with the Seller or its authorized representative. Once the Buyer signs the invoice (waybill) or another document confirming transfer and acceptance of the shipment, the shipment is deemed to have been delivered in proper condition. If the Buyer notices that the packaging of the delivered shipment is damaged (crumpled, wet, or otherwise externally damaged), the Buyer must note this on the invoice (waybill) or other transfer and acceptance document and, in the presence of the Seller or its representative, draw up a free-form shipment damage report. If the Buyer fails to draw up such a report in the manner specified above, the Seller is released from liability to the Buyer for damage to the goods if such damage was caused by packaging damage or arose at the time it occurred.

9.10. The fee for goods delivery (transportation) services is as follows: for deliveries in Lithuania (except the Curonian Spit), from EUR 4 to EUR 8; for deliveries to the Curonian Spit, EUR 35. For deliveries to other countries, the shipping fee is calculated according to courier rates.

9.11. For deliveries outside Lithuania, the cost of delivery is agreed separately after contacting the administration of UAB “BALT TRANSPORT”.

9.12. When goods are delivered to third countries, the Buyer must pay customs duties if they apply in the Buyer’s country and complete the customs procedures applicable in the Buyer’s country.

10. PRODUCT QUALITY WARRANTY AND USABILITY PERIOD

10.1. The characteristics of each product sold in the online store are provided in the product description published on the website www.mzrbaltic.lt.

10.2. The Seller is not responsible for any differences in the color, shape, or other parameters of goods shown in the online store compared with the actual size, shape, or color of the goods due to the characteristics of the Buyer’s display device.

10.3. The Seller provides a product quality warranty for a period of 1 (one) year.

10.4. If the Seller does not provide a quality warranty for certain types of goods, the statutory quality warranty established by law for such goods shall apply.

10.5. Warranty service for goods is handled by the Seller.

10.6. Where legal acts establish a usability period for specific goods, the Seller undertakes to sell such goods to the Buyer in a manner that gives the Buyer a real opportunity to use them before the end of that period.

10.7. The warranty for goods applies only when the Buyer installs the parts at a car service center and has documents proving this, namely a VAT invoice and a document proving payment. If the VAT invoice does not include the following information: vehicle make, model, year of manufacture, engine type, engine capacity, VIN number, and mileage, the customer must additionally provide a service report or defect sheet containing this information. The warranty does not apply if the parts were installed independently or by an unqualified person.

10.8 MZR Baltic, MB undertakes within 6 months from the submission of the required data and the defective part to assess whether the warranty applies and provide a conclusion to the customer.

11. RETURN AND EXCHANGE OF DEFECTIVE GOODS

11.1. Defects in sold goods are remedied, and defective goods are exchanged or returned, in accordance with the Retail Trade Rules approved by Resolution No. 738 of the Government of the Republic of Lithuania of July 22, 2014, amending Resolution No. 697 of June 11, 2001 on the approval of the Retail Trade Rules.

11.2. When the Buyer returns goods in the case specified in clause 11.1 of the Terms and Conditions of Sale, the following conditions must be met:

  • 11.2.1. The returned product must be in its original, tidy, undamaged, and clean packaging.
  • 11.2.2. the returned product must be complete in the same way it was received by the Buyer;
  • 11.2.3. the returned product must be clean and uninstalled;
  • 11.2.4. the return period for the product must not have expired;
  • 11.2.5. a written request must be submitted indicating one selected remedy from the following: free repair of product defects, free replacement of a defective product with a product of proper quality, a proportional reduction in the product price due to defects, unilateral termination of the contract, and refund of the price paid for the product;
  • 11.2.6. a document confirming the purchase of the product must be provided (cash receipt, invoice, or document confirming receipt of the product).

11.3. Shipping or delivery costs when the Buyer sends goods to the Seller for return, exchange, defect removal, or inspection are covered by the Seller if defects are found in the returned or exchanged goods. If no defects are found, shipping costs are covered by the Buyer. In the case of exchange for a different size, color, or model, repeated delivery is paid. Repeated delivery or pickup is agreed between the Buyer and the Seller by email or phone.

11.4. If the Buyer wishes to exchange returned goods for other goods, the Buyer must indicate in the online store system the desired goods and the reasons for returning the goods in accordance with clause 12.2 of the Terms and Conditions of Sale. If the replacement goods are of higher value than the returned goods, the Buyer shall pay the price difference using one of the methods specified in section 8 of the Terms and Conditions of Sale. If the replacement goods are of lower value than the returned goods, the Seller shall refund the difference in price to the Buyer.

12. RETURN OF GOODS UPON WITHDRAWAL FROM THE CONTRACT

12.1. The Buyer, if a natural person, has the right to withdraw from the concluded contract within fourteen days without giving any reason and without incurring any costs other than those established in Article 6.22811 of the Civil Code, except for the exceptions provided in Article 6.22810(2) of the Civil Code. The Seller does not grant such a right to Buyers that are legal entities.

12.2. The Buyer’s right to withdraw from the concluded contract does not apply to the following contracts: service contracts under which the services have been fully provided to the Buyer, where before the provision of the services the Buyer gave explicit consent and acknowledged that they would lose the right to withdraw once the Seller fully performed the contract; contracts for goods made to the Buyer’s special instructions that are not pre-manufactured and are produced according to the Buyer’s personal choice or instruction, or goods clearly tailored to the Buyer’s personal needs; contracts for perishable goods or goods with a short shelf life; contracts for sealed goods that were unsealed after delivery and are unsuitable for return for reasons of health protection or hygiene; contracts for sealed audio or video recordings or sealed software which were unsealed after delivery; contracts for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for such publications; and contracts for the supply of digital content where the supply began with the Buyer’s prior explicit consent and acknowledgment that they would thereby lose the right to withdraw from the contract.

12.3. To return a product in the case specified in clause 12.1 of the Terms and Conditions of Sale, the Buyer must submit a clear statement of decision to the email address [email protected]. In the “Subject” line of the email, the Buyer must indicate the VAT invoice number for the purchased goods and the note “Returned goods”. A copy of the document confirming the purchase of the product (VAT invoice) must be provided when returning the product. (return procedure for goods from another online store is provided).

12.4. When the Buyer returns goods after termination of the purchase and sale agreement, the following conditions must be met:

  • 12.4.1. the returned product has not been installed or used;
  • 12.4.2. the returned product has not been damaged;
  • 12.4.3. the returned product is in its original and undamaged packaging, except for changes to the appearance of the packaging that were necessary to inspect the product.
  • 12.4.4. the original labels have not been removed from the returned product;
  • 12.4.5. the returned product is complete in the same way it was received by the Buyer;
  • 12.4.6. the returned product must not have lost its commercial appearance due to the Buyer’s fault (except for changes in appearance that are unavoidable when inspecting the product). The Seller informs the Buyer by email within 14 days whether the returned product met the conditions listed above.

The customer may not write on or attach delivery-related stickers to the original packaging. The customer must additionally use plastic wrapping or pack the returned product in an extra box before attaching a label or writing on that package.

12.5. Upon receiving the Buyer’s statement referred to in clause 12.1 of the Terms and Conditions of Sale, the Seller must immediately confirm on a durable medium to the Buyer that it has received the withdrawal from the purchase and sale agreement. The burden of proving compliance with the withdrawal requirements lies with the Buyer.

12.6. The withdrawal period for the purchase and sale agreement expires after fourteen days: in the case of a purchase and sale agreement, from the day on which the Buyer or a person indicated by the Buyer, other than the carrier, receives the ordered product; if the Buyer ordered more than one product in a single order and the products are delivered separately, from the day on which the Buyer or a person indicated by the Buyer, other than the carrier, receives the last product; and if the product is delivered in different lots or parts, from the day on which the Buyer or a person indicated by the Buyer, other than the carrier, receives the last lot or part.

12.7. The burden of proving compliance with the legal requirements for withdrawal from the contract lies with the Buyer.

12.8. Once the Buyer exercises the right to withdraw from the contract referred to in clause 12.1, the parties’ obligations to perform a distance or off-premises contract, or to conclude such a contract if the Buyer had made an offer to do so, come to an end.

12.9. The Seller must reimburse the Buyer without delay and no later than fourteen days from the day it received the Buyer’s notice of withdrawal, including the delivery costs paid by the Buyer. When reimbursing the Buyer, the Seller must use the same payment method used by the Buyer, unless the Buyer explicitly agreed otherwise and provided that the Buyer does not incur any additional costs.

12.10. If the Buyer returns only one or several, but not all, delivered goods, delivery costs are not refunded if the delivery amount does not depend on the quantity, value, or other characteristics of the delivered goods. If the delivery amount depends on the quantity, value, or other characteristics of the delivered goods, the Buyer is refunded the part of the delivery fee by which the delivery charge increased compared with the amount the Buyer would have paid without ordering the returned good(s).

12.11. The Seller is not obliged to reimburse the Buyer for additional costs incurred because the Buyer explicitly chose a delivery method other than the cheapest standard delivery method offered by the Seller.

12.12. The Seller may withhold reimbursement until the goods have been returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first. The Buyer is informed by email when the Seller has received the returned goods.

12.13. The Buyer must send or hand over the goods to the Seller or another person authorized by the Seller without delay and no later than fourteen days from the date on which the notice of withdrawal was submitted to the Seller. When exercising the right of withdrawal, the Buyer bears the direct cost of returning the goods.

12.14. If, at the time of concluding an off-premises contract, the product was delivered to the Buyer’s place of residence, then if the Buyer withdraws from the contract, the Seller must collect the product at its own expense where, due to the nature of the product, it cannot normally be returned by post.

12.15. The Buyer is liable only for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product. The Buyer is not liable for a diminished value of the product if the Seller did not provide information about the right of withdrawal in accordance with Article 6.2287(1)(7) of the Civil Code.

12.16. When the Buyer exercises the right to withdraw from the concluded contract, any ancillary contracts are automatically terminated without any cost to the Buyer, except for the costs provided for in this article or Article 6.22812 of the Civil Code. Ancillary contracts are contracts under which the Buyer acquires goods or services related to the concluded contract, and those goods are supplied or services provided by the Seller or another person under an arrangement with the Seller. The Buyer must promptly notify the other party to the ancillary contract in writing about its termination and provide details of the withdrawal from the distance or off-premises contract. A separate notice from the Buyer is not required where the ancillary contract was concluded with the same Seller who was notified of the withdrawal under Article 6.22810 of the Civil Code.

ELECTRICAL GOODS, OILS, FLUIDS, TOOLS, AND BATTERIES CANNOT BE RETURNED.

13. LIABILITY

13.1. The Buyer is responsible for the accuracy of the data provided in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not liable for the consequences arising from this.

13.2. The Buyer is responsible for actions performed using the online store system.

13.3. The Buyer is responsible for transferring login details to third parties. If a third party uses the services of the online store by logging in with the Buyer’s login details, the Seller will regard that person as the Buyer.

13.4. The Seller is released from any liability in cases where the Buyer, despite having had the opportunity, failed to familiarize themselves with the Terms and Conditions of Sale, disregarding the Seller’s recommendations and their own obligations.

13.5. The Seller is not responsible for customs procedures applied in third countries, meaning the Seller does not influence customs processing times, duties, or other third-country charges related to customs. The Buyer must assess additional time and financial costs that may arise when shipping goods to a third country.

13.6. If the Buyer does not pay customs duty and for this reason cannot collect or receive the goods, the Seller is deemed to have properly fulfilled the purchase and sale agreement.

13.7. The Seller is not responsible for links in the online store to websites of other companies, institutions, organizations, or persons, nor for the information contained there or the activities carried out there. The Seller does not supervise, control, or represent the above-mentioned websites, companies, institutions, organizations, or persons.

13.8. In the event of non-performance or improper performance of the purchase and sale agreement, the party at fault shall compensate the other party for direct losses, i.e. the expenses incurred due to the actions of the party at fault.

14. FINAL PROVISIONS

14.1. Communication between the Buyer and the Seller, including but not limited to notices and correspondence, shall take place in writing. Notices sent by email are also considered written notices. An email notice is deemed received when 96 hours have passed from the moment it was sent.

14.2. The Seller reserves the right to change, amend, or supplement the Terms and Conditions of Sale at any time in accordance with the requirements of legal acts. A Buyer registered in the online store system is informed of any changes, amendments, or supplements upon login. A Buyer purchasing goods in the online store agrees to the amended, corrected, or supplemented Terms and Conditions of Sale. The Buyer’s agreement is expressed by placing an order with the Seller. The possibility to purchase goods in the online store is granted only to Buyers who agree to the valid Terms and Conditions of Sale.

14.3. Disputes related to the purchase and sale of goods in the online store are resolved through negotiations. If the parties fail to reach an agreement through negotiations, disputes are resolved by the courts of the Republic of Lithuania in accordance with the law of the Republic of Lithuania.

These provisions are governed by the laws of the Republic of Lithuania.