Terms and conditions of use

1. General provisions:

1.1. These Terms and Conditions of Purchase, together with the documents referred to in these Terms and Conditions, are intended to provide information about Bioenergy LT UAB ("Seller") and to set out the terms and conditions of the sale of the Goods ("Goods") sold in the Online Shop ("Terms") to persons purchasing goods ("Customer") in the Online Shop.

1.2. These Terms shall apply to any contract between the Seller and the Buyer for the sale of the Goods ("Contract"). Please read these Terms carefully to ensure that you have understood them before proceeding with any order for Goods in the Online Shop. Please note that the Buyer must agree to these Terms and Conditions and the Privacy Policy before completing the order, and refusal to do so will result in the order not being completed and the Goods not being ordered.

1.3. The Buyer is encouraged to print these Terms for future reference.

1.4. You are also advised that these Terms and Conditions may be amended in accordance with the procedure set out in paragraph 6. Accordingly, we recommend that you review the Terms and Conditions each time you order Goods to ensure that you fully understand the terms and conditions under which your order will be placed in any particular case. These Terms were last updated on 15 December 2022.

1.5. These Terms and Conditions and any Contract between the Seller and the Buyer are in the national language only.

2. Information about the Seller:

2.1. These Terms and Conditions shall apply to the purchase of Goods at www.bioenergy.lt The Seller is UAB Bioenergy LT, a Lithuanian company duly registered and operating in the Republic of Lithuania, legal entity code 302956352, address: Staniunu str. 83-1, LT-36151 Panevezys. Data about the Seller shall be collected and stored in the Register of Legal Entities, managed by the State Enterprise Centre of Registers. The Seller's VAT payer code LT100007429419.

2.2. More information about the Seller is available in the "About Us" section.

2.3. The Seller's contact information is provided in the "Contact" section.

3. Goods:

3.1. The shades of the Goods received by the Buyer and the Goods displayed in the Online Shop may vary slightly as the colour resolution depends on the Buyer's individual computer characteristics. The images of the Goods in the Online Shop may also contain additional accessories or components of the Goods which are not included in the Goods for sale (the Goods' equipment is specified in the "Product Information" section of the Product's listing). A Product shall be deemed to be in conformity with the quotation provided if it conforms to the sample and/or description provided in the Online Shop.

3.2. The transport packaging of the Goods may differ from that shown in the images on the Online Shop. Changing the packaging of the Goods in order to ensure proper and safe transportation of the Goods does not change the Goods and/or their features and/or functions as displayed in the Online Shop.

3.3. Unless expressly stated otherwise, all Goods displayed in the Online Shop are available. If an ordered Product is unavailable, the Buyer shall be notified immediately by e-mail or other means (call and/or SMS). In this case, the Seller shall offer the Buyer a possible solution to the problem (e.g., refund, additional time for delivery of the Goods, delivery of a similar product, etc.). If the Buyer does not agree with any of the Seller's offers, the order for the Goods shall be terminated.

3.4. The Seller has the right to set a minimum and/or maximum order quantity per order for certain Goods.

4. Processing of personal data:

4.1. The Seller shall process the Buyer's personal data in accordance with the Privacy Policy. Given that the Privacy Policy sets out important provisions of the Terms and Conditions, it is recommended that the Buyer reads the Privacy Policy carefully to make sure that all the provisions of the Privacy Policy are understood and acceptable to the Buyer.

5. Sending information:

5.1. The term "in writing," as used in the Terms and Conditions, includes e-mails.

5.2. In order to contact the Seller in writing, or if the Terms and Conditions provide for the Buyer's obligation to contact the Seller in writing, the Buyer shall send the Seller an e-mail to info@bioenergy.lt or a regular mail to UAB Bioenergy LT, Staniunu str. 83-1, LT-36151 Panevezys, Lithuania. The Seller will inform the Buyer of the receipt of the notification in writing (usually by e-mail). For the purpose of withdrawal from the Contract, the Buyer's procedure for contacting the Seller is set out in Section 7 of these Terms and Conditions

5.3. The Seller shall send all notices to the Buyer to the e-mail address provided by the Buyer in the Purchase Form.

6. Right to change the Rules:

6.1 The Seller shall have the right to amend these Conditions. Each time the Goods are ordered, for the purposes of the Contract between the Seller and the Buyer, the then current version of the Rules shall apply. For Orders placed and pending before the new Terms and Conditions come into force, the version of the Terms and Conditions in force at the time of the Buyer's order and sent to the Buyer together with the order confirmation shall apply.

6.2 Whenever the Terms and Conditions are changed, the Seller will inform the Buyer and notify the Buyer, indicating that the Terms and Conditions have been changed and the date of change will be set out in clause 1.4 of these Terms and Conditions.

7. Return of Goods, Cancellation of Contract:

7.1. The Buyer shall have the right to withdraw from the Contract and return the Goods received (withdrawn) without giving any reason within the period specified in Clause 7.3 of these Conditions. This provision means that the Buyer, having changed his mind or decided to withdraw from the Goods for any other reason within the aforementioned period, shall have the right to notify the Seller in writing of his wish to withdraw from the Contract and return the Goods to the Seller and to receive a refund. The Buyer shall bear the costs of returning the Goods.

7.2. The above right of withdrawal and return shall not apply to Contracts for:

   (a) Goods made to the Buyer's specific instructions, which are not pre-manufactured and which are made in accordance with the Buyer's personal choice or instruction, or Goods which are expressly tailored to the Buyer's personal needs;

   (b) perishable Goods or Goods with a short shelf life;

   (c) packaged Goods that have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;

   (d) Goods which, by their nature, are indistinguishable from other items after delivery.

7.3. The Buyer's right of withdrawal and return shall apply only to natural persons other than farmers and shall arise from the date of conclusion of the Contract as defined in paragraph 5 of the Conditions. The Buyer shall have the right to withdraw from the Contract and return the Goods to the Seller within 14 (fourteen) days of the Goods being handed over to the Buyer and to recover the monies paid for them. In individual cases specified by the Seller, quality Goods may be returned within a longer period of time (such information is provided e.g., in the terms and conditions of the advertised offer/rules, in the rules of the loyalty programme).

7.4. If the Buyer wishes to return the Goods and withdraw from the Contract, the Buyer must contact the Seller by sending the Seller a completed free-form application form setting out the decision to withdraw from the Contract. Upon receipt of the Buyer's notification, the Seller shall promptly send an acknowledgement of receipt.

7.5. The Goods shall be returned to UAB Bioenergy LT's warehouse located at Staniunu str. 83, Panevezys, or handed over to UAB Bioenergy LT's employee or courier.

7.6. The Buyer shall return or hand over the Goods to the Seller or to a person authorised by the Seller to accept the Goods without delay and in any event within 14 (fourteen) days of the date of the notification to the Seller of the Buyer's decision to return the Goods (or to withdraw from the contract). Suppose the Buyer has sent the Goods within 14 (fourteen) days from the date of notification to the Seller of its decision to return the Goods (or to withdraw from the Contract). In that case, the Buyer shall be deemed to have sent the Goods within the specified return period.

7.7. If the Buyer withdraws from the Contract and returns the Goods, the Buyer shall be refunded all or, in the circumstances set out in clause 7.8, part of the money paid for the Goods, including delivery costs. Upon receipt of the Goods and upon evaluation of their quality, the Seller shall refund all or part of the money paid for the Goods no later than 14 (fourteen) days from the date of receipt of the proof of dispatch of the Goods to the Seller or from the date of return of the Goods. The current rates for delivery and handling services are set out in the section "Delivery and Collection". Delivery charges for the Goods shall not be refunded if delivery charges have been applied to the returned Goods. In the event that the Goods are returned due to a defect in their quality, the provisions of Clause 7.11 of these Conditions shall apply.

7.8. The Buyer shall be liable for any diminution in the value of the Goods (including but not limited to the cases referred to in Clause 7.9 of the Conditions) caused by any action unnecessary to determine the nature, characteristics, and performance of the Goods, i.e., the Seller shall have the right to unilaterally reduce the amount of the refund to the Buyer in proportion to the aforementioned diminution in value of the Goods.

7.9. The Buyer shall be liable for the decrease in the value of the Goods if the returned Goods or their packaging is damaged, the Goods have lost their merchantable appearance (damaged labels, protective films, etc.).

7.10. When returning the Goods, the VAT invoice (its number) or any other document confirming the purchase of the Goods from the Seller (e.g., payment card statement) and the order number must be provided.

7.11. If the Buyer returns the Goods due to a defect in the quality of the Goods, the Seller undertakes to fully refund to the Buyer the price paid for the defective Goods and to reimburse the costs of delivery and return. Suppose only part of the Goods are returned. In that case, the delivery costs shall be refunded only if the remaining Goods of the same order, when purchased alone, would have been subject to a lower rate than the rate applicable when the Goods were purchased together with the returned Goods and only to the extent of the difference between the said rates. If a return method other than that offered by the Seller has been chosen that results in disproportionate or higher costs, the Seller shall not be obliged to cover such return costs.

7.12. In the normal course of business, the Seller shall transfer the amounts refunded to the bank account specified by the Buyer in any bank operating in the Republic of Lithuania.

7.13. The Seller shall have the right not to refund the Buyer all or part of the sums paid by the Buyer until the Goods have been returned or the Buyer provides proof that the Goods have been dispatched.

7.14. In the event that the Goods have been delivered to the Buyer after cancellation:

   (a) the Buyer must return the Goods to the Seller immediately;

   (b) except in the case of faulty Goods as provided in clause 7.11, the Buyer will be responsible for the cost of returning the Goods to the Seller;

  (c) the Buyer shall keep the Goods in proper storage until they are returned to the Seller;

  (d) the price of the Goods and the cost of delivery shall be reimbursed to the Buyer in accordance with clause 7.7.

7.15. The Buyer shall, in all cases, have the rights arising from the sale of defective Goods as provided by the legislation of the Republic of Lithuania. The return rules set out in this paragraph 7 or other parts of the Terms and Conditions shall not affect the existence of these rights.

8. Reverse charge of VAT:

8.1. The Goods shall be subject to reverse charge of VAT as provided for in the legislation of the Republic of Lithuania. Reverse charge VAT will not apply if the VAT payer placing the order does not make payment from a bank account belonging to him. No discounts are available for the application of reverse VAT.

9. Payment:

9.1 The Buyer may pay for the Goods by:

   (a) by using electronic banking;

9.2. legal persons and farmers may also pay by bank transfer to the Seller's account indicated on the VAT invoice sent to the Buyer, specifying the order number given to the Buyer as the purpose of payment.

9.2.1. For legal entities paying by bank transfer or electronic banking, it is recommended to include the company code in the transfer information for quicker identification of the payer. This will allow the order to be confirmed and executed more quickly in the system.

9.3 When paying by electronic banking, the Buyer must confirm the payment order with the Buyer's bank no later than 24 (twenty-four) hours after clicking the "Order" button. If the payment order is not confirmed within this period, the Seller shall be entitled to consider that the Buyer has refused to enter into the Contract and to cancel the order.

9.4 The Goods selected by the Buyer shall be reserved in the Seller's system, and the Seller shall proceed with the order:

   (a) when the Seller receives notification from the Buyer's bank that payment has been made for the selected Goods;

9.5 The Online Shop does not provide Tax Free service.

9.6.

10. Obligations of the Buyer:

10.1 The Buyer undertakes to provide only correct and complete information on the purchase form. The Buyer must update the data provided in the Purchase Form immediately if there are any changes.

10.2 The Buyer undertakes to use the Online Shop fairly and correctly and not interfere with its operation or stability. Should the Buyer fail to comply with this obligation, the Seller shall have the right to restrict, suspend (or terminate) the Buyer's access to the Online Shop without prior notice and shall not be liable for any losses incurred by the Buyer in connection therewith

10.3 The Buyer is obliged to pay for the ordered Goods and to accept them in accordance with these Terms and Conditions.

10.4 Notwithstanding the obligations set out in any other clause of these Terms and Conditions, the Buyer undertakes to inspect the Goods before using them and to ensure that the Goods received are those which the Buyer ordered.

10.5 The Buyer shall comply with all other requirements set out in these Conditions and the legislation of the Republic of Lithuania.

11. Manufacturer's Warranty:

11.1 A manufacturer's warranty covers the Goods sold by the Seller. Information about it and the applicable conditions are provided on the labels of the Goods. The period of validity indicated on the label of the Goods shall be identical to the period of the guarantee of the quality of the Goods.

11.2 The manufacturer's warranty shall be in addition to the Buyer's rights in respect of defective Goods.

12. Seller's obligations:

12.1 The Seller shall:

   (a) use its best endeavours to enable the Buyer to make proper use of the services provided by the Online Shop;

   (b) respect the Buyer's privacy and process the Buyer's personal data only in accordance with these Terms and Conditions, the Privacy Policy and the legislation of the Republic of Lithuania.

12.2 The Seller undertakes to comply with all these Terms and Conditions requirements.

13. Product quality:

13.1 The Seller guarantees the quality of the Goods (statutory quality guarantee). The Seller grants a quality guarantee for different types of Goods for a certain period of time, the specific term and other conditions of which shall be specified in the documents accompanying the Goods (e.g., label). The manufacturer's warranty obligations are valid only if the goods' transport and storage conditions have not been violated. Therefore, before using the Goods, the Buyer must read the conditions of transport, storage, and use of the Goods carefully.

13.2 Defects in the Goods shall be rectified, and defective Goods shall be replaced and returned in accordance with the procedure set out in these Terms and Conditions and in accordance with the requirements of the applicable legislation of the Republic of Lithuania.

13.3 The Buyer wishing to submit a complaint regarding defective or incomplete Goods may do so to UAB "Bioenergy LT" at Staniunu str. 83-1, Panevezys, or by e-mail to info@bioenergy.lt .

13.4 When submitting a complaint, the Buyer shall submit the VAT invoice (number) or other document confirming the purchase and sale of the Goods from the Seller (e.g., bank statement) and provide the following information:

   (a) the order number of the Goods;

   (b) identify the defect, fault, or missing part of the Goods;

   (c) provide other evidence, such as a photograph of the Goods, a photograph of the defective area (if it is mechanical damage and it is possible to take a photograph), a photograph of the packaging of the Goods, and other.

13.5 When making a complaint, the Buyer must specify how he wishes the complaint to be resolved:

   (a) by the Seller rectifying the defects in the Goods, free of charge, within a reasonable period of time, if the defects can be rectified;

   (b) by replacing the Goods with similar Goods of equivalent quality;

   (c) by reducing the purchase price accordingly if the Goods cannot be replaced or if this would result in disproportionate costs to the Seller, taking into account all the circumstances, including the value of the Goods if the Goods were not defective, the significance of the defect/non-conformity;

   (d) by way of refund of the price paid for the Goods and termination of the Contract, where the Goods cannot be replaced or where this would result in disproportionate costs to the Seller, taking into account all the circumstances, including the value of the Goods if the Goods were not defective, the significance of the defect/non-conformity.

13.6 After the claim has been investigated, a reply on the decision made and the actions to be taken shall be provided within 14 (fourteen) days from the date of receipt of the Buyer's request.

13.7 For warranty issues, the Buyer may also call +37067446174 or e-mail info@bioenergy.lt .

14. Responsibilities:

14.1 The Buyer is responsible for the actions performed using the Online Shop, including but not limited to the accuracy of the data provided in the purchase form. The Buyer shall be liable for the consequences of any inaccuracy or inaccuracy of the data provided in the purchase form.

14.2 The Online Shop Buyer shall be responsible for the storage and/or transmission of his/her log-in data to third parties. Suppose the services provided by the Online Shop are used by third parties who have logged into the Online Shop via the Buyer's log-in details. In that case, the Seller shall consider such person to be the Buyer, and the Buyer shall be liable for all actions performed by such a third party in the Online Shop.

14.3 To the extent not inconsistent with applicable law, the Seller shall be exempt from any liability in cases where the loss is caused by the Buyer's failure to read these Terms and Conditions, the Privacy Policy and other documents referred to in these Terms and Conditions, without having been given the opportunity to do so, despite the Seller's recommendations and obligations.

14.4 Following the provisions of Article 5(1) of the Law on Electronic Identification and Reliability of Electronic Transaction Services of the Republic of Lithuania, the Buyer and the Seller agree that the confirmation of the Buyer's actions in the online store by the log-in data to the online store (the authentication code) shall have the legal effect of the electronic signature as set out in Article 5(1) of the Law on Electronic Identification and Reliability of Electronic Transaction Services of the Republic of Lithuania (i.e., It has the same legal value as a signature in written documents and is admissible as evidence in court). Therefore, the buyer shall keep his/her log-in data to the online shop secure and shall not disclose them, shall ensure that the data are known and used only by him/her, and shall not transmit or otherwise make the data accessible or available to other persons. If he/she suspects that another person may have accessed his/her log-in data, he/she shall immediately notify the Seller thereof, and shall immediately inform the Seller of any breach or disclosure of his/her log-in data to the online shop. Therefore, all actions carried out using the Buyer's identification code shall be deemed to have been carried out by the Buyer, and the Buyer shall bear all responsibility for the consequences of such actions.

14.5 The parties shall be liable for breach of the Contract concluded through the Online Shop in accordance with the procedure established by the legislation of the Republic of Lithuania.

14.6 In the event that the Seller breaches the provisions of these Terms and Conditions, he shall be liable for any damage or loss suffered by the Buyer as a foreseeable consequence of the breach of these Terms and Conditions. Damage or loss shall be deemed to be foreseeable if it is an obvious consequence of the Seller's breach or if the Seller and the Buyer were aware of such damage or loss at the time of entering into the Contract.

14.7 The Seller shall supply the Goods for household and personal use only. The Buyer agrees not to use the Goods sold for commercial, business, or resale purposes, and the Seller shall not be liable for any loss of profit, loss of business, business disruption, or loss of business opportunity suffered by the Buyer.

14.8 The Seller shall not be liable for any information on other companies' websites, even if the Buyer is directed to such websites through links on the Seller's online shop, except where such websites contain information about the goods and features of the goods sold by the Seller. In this case, the Seller is responsible for providing the necessary, complete, correct and non-misleading information about the Goods offered.

15. Events beyond the Seller's control:

15.1 The Seller shall not be liable for any failure to perform or delay in performing the Contract or any of its obligations under the Contract if such failure or delay is due to force majeure.

15.2 In the event of force majeure affecting the proper performance of the Seller's obligations under the Contract:

   (a) the Seller will immediately inform the Buyer; and

   (b) the performance of the Seller's obligations under the Contract will be suspended, and the time for performance of the obligations will be extended for the duration of the force majeure circumstances. If the force majeure affects the delivery of the Goods to the Buyer, the Seller will agree a new delivery date after the end of the force majeure.

16. Other provisions:

16.1 These Conditions, together with the documents expressly referred to in them, shall apply to any Contract between the Seller and the Buyer. Any deviation from these Conditions shall only be valid if it is documented in writing.

16.2 The Buyer shall have certain rights under the laws of the Republic of Lithuania in respect of Goods of unsatisfactory quality. Nothing in these Terms and Conditions should be construed as restricting or limiting the exercise of such rights.

16.3 The Seller shall have the right to assign its rights and obligations under the Contract to a third person or persons, but such assignment shall not affect the Buyer's rights and the Seller's obligations under these Conditions. In the event of such an assignment, the Seller will inform the Buyer by providing information about the assignment in the online shop.

16.4 The Buyer shall not assign or transfer all or part of its rights and obligations under these Terms and Conditions to any third party or parties without the Seller's written consent.

16.5 If any provision of these Terms and Conditions is found by a court to be unlawful, void, or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions which is held to be illegal, invalid, or unenforceable only in part or to a limited extent shall remain in full force and effect to the extent that it has not been held illegal, invalid, or unenforceable.

16.6 These Terms and Conditions and the relationship between the parties hereunder (including the formation, validity, invalidity, enforceability, and termination of the Contract) shall be governed by and construed in accordance with the laws of the Republic of Lithuania.

16.7 Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions or the breach, termination, or validity thereof shall be finally settled by the procedure set out in the laws of the Republic of Lithuania.

16.8. The Buyer may submit requests or complaints regarding the Goods purchased in the Seller's online store on the electronic consumer dispute resolution platform http://ec.europa.eu/odr/.

16.9. Consumer disputes shall be settled out of court by the State Consumer Rights Protection Service, registered office address Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt.