The Baltic Store – Terms of delivery and payment

THE BALTIC STORE: Rates and general terms and conditions of sale

Art.1
Application and enforceability

The placement of an order implies that the buyer fully accepts these general terms and conditions of sale without reservation. No special terms can take precedence over these general terms and conditions of sale, unless formally accepted in writing by the seller. Any condition of a contrary nature put forth by the buyer shall, unless explicitly accepted, be unenforceable against the seller, irrespective of the moment when it may be brought to its attention.

Should the seller not avail itself of any one of these general terms and conditions of sale at a given time, this may not be interpreted as constituting renunciation of availing itself of any of the aforementioned conditions whatsoever at a later date.

Art.2
Modifications
In the event that the seller were to grant to other buyers terms which, taken as a whole, in terms of prices, payment conditions, warranty etc., are more favorable than the present general terms and conditions of sale on the basis of similar sums, quantity and quality, which terms are not justified by genuine valuable consideration and which would create a competitive advantage in favor of said purchasers, it shall cause the buyer to benefit therefrom as from the day on which they are applied to the other purchasers.
Art.3
Orders

Any order shall be binding only after written confirmation. Should the order books be full or should it be technically impossible to execute an order, the seller shall have the right to defer or decline an order.

The seller shall only be bound by orders taken by its representatives or employees subject to signed, written confirmation. Acceptance may also arise out of dispatch of the products.

Art.4
Order modifications
Any modification or cancellation of an order requested by the purchaser may be taken into consideration only if it is received in writing prior to shipment of the products.
Art.5
Delivery – Terms
Delivery is made via Lithuanian Post is possible: The fees for this dispatch type shall be borne by the buyer, based on the rates of Lithuanan Post or a similar service provider.
Delivery to Europe – up to 14 working days. Delivery to the USA and other countries – up to 14 – 30 working days.
Art.6
Delivery – Delivery times

The quoted delivery times are for information only, any delay does not give rise to damages or the cancellation of an order if it is beyond our control. Our company shall automatically be released from all its commitments relating to performance periods, especially:

– if the modifications occur during order processing at the request of the buyer;
– in case of unforeseeable circumstances or of force majeure;- if our terms of payment are not met.

Art.7

Delivery – Risks
Whatever the dispatch type, our goods travel at the recipient’s risk, that party being responsible for making any observations required in the event of damage or short shipment as well as for confirming reservations stated via a deed prepared out of court or via a registered letter with acknowledgment of receipt from the carrier within three days of receipt of the goods.
Art.8
Complaints
Without prejudice to the provisions to be made in relation to the carrier, complaints regarding the condition, compliance and quantity of the goods must be made in writing upon reception and at the latest within eight days.
Art.9
Returns – Terms

Returns shall be subject to a formal agreement between the seller and the buyer. Any goods returned without such agreement would be held for the purchaser and would not result in a credit note being issued. The costs and risks involved in such a return shall always be borne by the purchaser.

 

Art.10

Returns – Consequences

All returns accepted by the seller shall result in a credit note being issued in favor of the buyer, once the quality and quantity of the returned products have been inspected.
In the event of an apparent defect or non-compliance of the goods delivered, duly noted by the seller under the conditions set out in article 8, the buyer may obtain a free replacement of the products, any compensation or damages being excluded.

Art.11
Warranty – Scope

The products have a 6-month warranty from the date of delivery. A certificate of origin and a certificate of conformity can be supplied at the buyer’s written request for a fixed fee of EUR 11 excluding taxes.

Under this warranty, the only obligation incumbent on the seller shall be free replacement of a product recognized as being defective by the seller. Any carriage costs shall be borne by the buyer.

Art.12
Warranty – Exclusions

Defects and deterioration due to normal wear and tear or an external accident (incorrect assembly or installation, poor maintenance, poor storage conditions, abnormal use, etc.), or due to a modification of the goods which was neither foreseen nor specified by the seller shall be excluded from the warranty.
Furthermore, the warranty does not cover apparent defects, which the purchaser shall notify under the conditions stated in Article 8.

Art.13
Prices
The prices stated are unit prices in EUR excluding taxes. The rates are those applicable at the time the order is placed.
Art.14
Payment

Invoices shall be payable in cash to the head office of our company within 45 days of the invoice date by bank wire transfer or other means of payment.
In the event of non-payment, the seller reserves the right to suspend any product shipment or any production of orders in progress.
Furthermore, in the event of outstanding payments, the taking of new orders may be subject to their payment by the buyer.

Art.15
Payment – Requirement of guarantees or payment
Any deterioration of the credit of the buyer can justify the requirement of guarantees or cash payment before execution of the orders received. This will be in particular the case if a modification in the buyer’s capacity, in the company form, or if a transfer, lease, charge or mortgage has an adverse effect on the credit of the buyer.
Art.16
Retention of title

Any products delivered remain the property of The Baltic Store until full payment has been received.

The buyer shall ensure that the goods can always be identified, goods in stock being deemed to be unpaid.

In the event of nonpayment by the due date, as in the case of failure of the buyer to meet any of its commitments whatsoever, the sale will be canceled automatically at the seller’s discretion, without the latter having to perform any legal formality.

The buyer shall be liable to pay a fixed indemnity of 10% of the agreed price as a penalty clause, without prejudice to additional damages.

Art.17
Unforeseeable circumstances and force majeure
The Baltic Store cannot be held liable for the partial or full nonperformance of the contract if unforeseeable circumstances or force majeure beyond our control occurs after the conclusion of the contract. The following, in particular, shall fall within this definition: social unrest – fire – requisition – monetary restrictions – lack of transport facilities or energy – mobilization – embargo – bad weather.
Art.18
Disputes and applicable law

In the event of litigation of any sort or a dispute regarding the formation or execution of the order, the courts at the location of the head office of our company alone shall be competent, unless the seller prefers to submit his case to any other competent jurisdiction.

This clause applies even in the case of summary proceedings, incidental claims, or in the event of there being several defenders, regardless of the method and terms of payment.