The Terms and Conditions (hereinafter the “Terms”) are a legally binding agreement between you as a user of and/or customer (hereinafter “you”) on this website http://www.elensen.com (hereinafter the “Site”).
The Site belongs to a private limited liability company “UAB NMF Metal” registered under number 300110478 in the Republic of Lithuania with the following address: J. Basanavičiaus g. 131, Šiauliai, LT-76129, Lithuania (hereinafter the “Company” or “we”).
You shall read the Terms and Data Protection Policy on the Site before using the Site. When you access, use or make an order on the Site, you agree to be bound by the Terms and the Data Protection Policy. Otherwise, you shall not access or use the Site.
You shall print out a copy of the Terms.
The Terms and Site provide the following:
information about the Company;
main characteristics of the Goods;
the selling price of the Goods;
price of delivery of the Goods;
procedure of payment, delivery and provision;
procedure for exercising the your rights to repudiate the Terms;
rates of charges for the use of means of communication, when calculated otherwise than in the regular manner;
period of validity of the offer and price.
Any data collected and processed by us which was provided by you shall be treated in accordance with our Data Protection Policy.
Your use of this Site constitutes the fact that you give explicit consent to the processing of your personal and any other related data and you state that all information and details provided are accurate, complete, and updated.
By using the Site you shall:
be entitled by the applicable laws to enter into contracts;
respect the applicable law including, but not limited to, intellectual property, privacy and consumer protection laws;
provide accurate, complete, and updated information;
not show inappropriate content;
not violate or assist in violations of the Terms or applicable laws;
not confuse us by ordering.
In case if you do not provide accurate, complete, and updated information we may suspend or disable your access to the Site.
The Company offer furniture, furniture items, and other goods made available on the Site (hereinafter the “Goods”) to our potential customers.
All the Goods orders are limited to the availability principle. In case if there are difficulties with regard to the delivery of the Goods or there is a limited amount of the Goods, we will reimburse the amount you have paid.
The Goods offered on the Site are available for delivery in the countries of the European Union unless other countries are indicated on the Site or the Company restricts a delivery to a country of the European Union (hereinafter the “Territory”).
You may purchase Goods on the Site. To make an order, you must follow the online purchasing procedure and click on applicable buttons placing an order. After doing so, you will receive a notification confirming receipt of your order.
We reserve the right to remove any Goods from the Site at any time and to remove or modify any material or content. We may, under exceptional circumstances, refuse to process an order after having sent the notification.
We shall not be liable to you or to any third party for removing any Goods from the Site for removing or modifying any material or content from the Site, or not processing an order once we have sent the notification.
The price of the Goods will be indicated on the Site, except in the case of an obvious error. We make every effort to ensure that the prices featured on the Site are correct though it is natural that an error may occur. If we discover an error in the price of any of the Goods that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any Goods at the incorrect lower price (even when we have sent the notification) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the Site include VAT, but exclude delivery fees, which are added to the total price.
Prices may change at any time. The changes shall not affect the orders for which we have sent a notification.
Once you have selected all Goods that you wish to purchase, they will be added to your shopping basket and the next step will be to process the order and make payment. You shall follow the steps of the purchase process, filling up or verifying the information requested in each element.
You may use available payment methods indicated at the respectful pages on the Site. We use encryption to make the security of the payment methods higher. Once we receive your order, we will make a pre-authorization on your source of funds to ensure that there are sufficient funds to complete the transaction.
Your source of funds are subject to verification and authorization by the issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any order with you.
We include the price of the delivery to the prices for the Goods. In any case, the Company covers the price for the delivery and no additional fees shall be imposed on you.
We use third party delivery providers which shall deliver the Goods you ordered. We cannot guarantee the exact time of the delivery. The exact time of the delivery shall be defined with third party delivery providers. We may, at our discretion, estimate an approximate time of a delivery.
There may be delays for reasons such as the customization of Goods, the occurrence of unforeseen circumstances or the delivery distance.
If for any reason we cannot comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
We shall not begin to deliver the Goods you ordered if such a request is submitted on Saturdays or Sundays or public holidays as these days are not our business days.
For the purposes of these Terms, the term "delivery" shall be understood to have taken place when you or a third party entitled by you receives the Goods, which shall be evidenced by the signing of the receipt of the order at the agreed delivery address.
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day.
If after 30 (thirty) days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the order and it will be terminated. As a result of the termination of the order, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 (fourteen) days of the date on which we deem this order to have been terminated.
Please keep in mind that transport derived from the termination of the order may have an additional cost which we will be entitled to pass on you.
You will take ownership of the Goods when we receive full payment of all amounts due in relation to the same or at the moment of delivery, if that were to take place at a later time.
If you are contracting as a consumer, you have the right to withdraw from the order, within 30 (thirty) days, without giving any reason.
The withdrawal period will expire after 30 (thirty) days from the day on which you receive, or a third party other than the carrier and indicated by you receives, receipt of the Goods or in case of multiple Goods in one order delivered separately, after 30 (thirty) days from the day on which you receive, or a third party other than the carrier indicated and by you receives, physical possession of the last Goods.
To exercise the right of withdrawal, you shall contact us via contact information available on the Site.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this order, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this order. We will perform such reimbursement using the same means of payment as you used for the initial transaction. Notwithstanding the foregoing, we may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Your right to cancel the order shall apply exclusively to the Goods that are returned in the same condition in which you received them. No reimbursement will be made if the Goods are used once they were disclosed, for the Goods that are not in the same condition as when they were delivered or if they were damaged. When returning the Goods you shall use and include all their original package and documentation. You shall send the Goods with the receipt that you received when the Goods had been delivered.
After checking the Goods, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund shall be paid within 14 (fourteen) days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we receive the Goods back, or until you show proof that you have sent the Goods back, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase unless there are other available payment means.
All rights provided in the applicable legislation shall be, in any case, guaranteed.
We provide guarantees for the Goods in cases provided by applicable legislation.
The Goods shall be understood to fit the Terms if (i) the Goods match their description and characteristics available on the Site, (ii) the Goods may be used in the context of a normal use of the goods of the similar kind, and (iii) the Goods meet requirements to be expected from goods of similar kind.
Unless otherwise mentioned in the Terms, our liability regarding the Goods sold on the Site shall be limited to the mount of the price of the sale of the Goods.
Our liability shall not be waived and limited in cases when the applicable law does not allow such waivers and limitations.
We will not accept a liability for loss of income, profit, or sales; loss of job or business; loss of savings; loss of information or data; and loss of your time. If the applicable law does not allow any of these limitations, they shall not apply to you.
The terms in this clause shall not affect your rights as a consumer.
We may not guarantee the security and accuracy of the information present on the Site.
You recognize and agree that objects of intellectual property and intellectual property rights to any content of the Site belong the Company.
You may not use this content unless you are expressly authorized by us. We allow you to use the Site to the extent necessary to copy the information regarding your use of the Site and access to the Goods.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, or war, alterations in technologies or any other force outside of our control.
You shall comply with all applicable import, export, re-import, and re-export compliance and laws, including country or individual-specific economic sanctions.
The Company may provide any notice under the Terms to you by sending or posting a notice on the Site, through available means of communication including, but not limited to, email. Notices the Company provides by posting on the Site shall be effective upon being published and notices the Company provides by communication means shall be effective upon being sent.
To send the Company a notice under the Terms, you shall contact the Company via available means of communication. Notices sent by you to the Company shall be deemed effective one business day after such notices are sent.
You may not assign any rights or obligations arising from the Terms, or sublicense or delegate any of your rights or obligations under the Terms.
If any part of the Terms is announced to be void or unenforceable, the remaining parts of the Terms shall remain in force. Any void or unenforceable portions shall be interpreted to have the same effect of the intent of the original parts. If this is not possible, the void or unenforceable part shall be excluded. In this case other parts and sections of the Terms shall remain in force.
The Terms shall be the entire agreement between you and the Company. This Terms supersede all prior communication, representations, understandings, or agreements between you and the Company, whether written, electronic, online or verbal.
The Company may modify the Terms. The modified Terms shall become effective when you are informed of the modified Terms.
The use of the Site and the Goods purchase orders through the Site shall be governed by Lithuanian legislation.
Any controversy that arises or is related to the use of the Site or orders shall be subject to the non-exclusive jurisdiction of the Lithuanian courts.
If you are entering into the order as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in effect.
In this regard, if the purchase from us was concluded online via the Site, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek the consumer dispute with us out-of court, through the online dispute resolution platform accessible at http://ec.europa.eu/consumers/odr/.
In accordance with the applicable law the institution dealing with consumer claims by extra-judicial order is the State Consumer Rights Protection Authority, address Vilniaus g. 25, 01402 Vilnius, accessible at www.vvtat.lt
If the Site contains links to other websites and third-party content, these links are provided for information purposes only and we cannot control whatever over the content of those websites, links, or content.
If you have any questions, you can contact us via contact information available on the Site.