Terms and Conditions
1. DEFINITIONS
Capitalized terms used in these Terms shall have the following meanings unless the context requires otherwise:
1.1. Account – the Buyer's personal Buyer account for shopping in the Electronic Store on the Website and/or App.
1.2. Agreement – a purchase and sale agreement concluded between the Buyer and the Seller when the Buyer is shopping in the Electronic Store.
1.3. Buyer – any person who purchases Goods in the E-Store or uses other services provided by the E-Store.
1.4. Commercial Offer means a written offer from time to time provided by the Seller to the Buyer concerning commercial terms and conditions of supply of Goods, which, after the Seller provides it to the Buyer, becomes an integral part of the Agreement.
1.5. Delivery shall mean (i) loading of the Goods into the vehicle at the premises of the Seller, where delivery is through collection by the Buyer, or (ii) the delivery as specified in the STC and (or) the Order.
1.6. Durable Medium shall mean e-mail notification with enclosure or any other the instrument, which enables the Buyer to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information delivered and which allows the unchanged reproduction of the information stored.
1.7. Electronic Store or E-Store means this online shop located on the website at https://premiumlogcabins.co.uk (the Website) and/or on the Mobile application.
1.8. Goods shall mean the materials for warehouses, garden houses, summer houses, garages, offices or and any other Goods which are being sold by the Seller in the E-Store.
1.9. Intellectual Property or Intellectual Property Rights – (i) trademarks, other marks, trade names, utility models, patents, topography rights, design rights and rights in databases, copyrighted objects (including software), know-how, trade secrets, other content, concepts or information, including any confidential technical, economic and business information, processes, methods, plans, designs, innovations; (ii) other objects of intellectual property, whether registered or unregistered, any extensions or renewals thereof; (iii) all proprietary and non-proprietary rights associated or pertaining thereto; and (vii) all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
1.10. Log-in Data shall mean data used to access a particular Account on the Website or App.
1.11. Order shall mean purchase order issued by the Buyer to the Seller for purchase of Goods;
1.12. Party or Parties shall mean, respectively, the Buyer and (or) the Seller;
1.13. Privacy Policy shall mean the Seller’s privacy policy, as indicated below.
1.14. Quality Specification shall mean quality specification of the Goods that is specifically agreed by the Buyer and the Seller (in the annexes of the STC, Order or otherwise), and in the absence of any agreed written specification, this shall be the Seller’s currently applicable standard quality specification for the specific type of Goods.
1.15. Seller – JANOLEX, UAB, registered office address Ilgoji st. 54, LT-14181, Lindiniskes, Vilnius District, Lithuania, legal entity code 302689223.
1.16. Terms shall mean these terms for using, buying and selling in this Electronic Store.
1.17. VAT shall mean value added tax.
1.18. Warranty Period shall mean a guaranteed quality period of the Goods.
1.19. Working days shall mean weekdays from Monday to Friday inclusive, except for official holidays according to the applicable law, provided in this Agreement.
1.20. Works shall mean the works provided for and agreed between the Parties in the Order that are required to be carried out in order for the Goods to be properly operational and fully usable, which may include design, preparation, instalment, testing and validation of the Goods.
2. GENERAL PROVISIONS
2.1. These Terms ensure the rights of the Buyer and the Seller, determine the duties and responsibilities of both parties and other rules related to the purchase and sale of Goods in the Electronic Store.
2.2. The Terms determine the conditions and procedures for ordering, purchasing, and returning Goods in the Electronic Store, the procedure for paying for Goods, as well as the rules on the use of the E-Store,. The Terms also specify the information that must be provided to the Buyer in accordance with the legal acts of the Republic of Lithuania.
2.3. The Seller and its service providers collect and store the personal data, which is necessary to provide the E-Store, Website Mobile Application services, as well as to process related transactions. The Seller observes the legal requirements during collection and further processing of the personal data. Privacy policy, applicable to the Website (the Privacy Policy).
2.4. Before creating an Account as well as before purchasing Goods, the Buyer must carefully read these Terms, as well as other information presented on the App and Website. When an Account is created and the Buyer is registered, it shall be regarded that the Buyer is familiar with applicable terms and conditions and has duly accepted them. Furthermore, by accessing and using the E-Store, the Buyer accepts the application of these Terms each time. Therefore, please read these Terms carefully before accessing, registering for, or using the Website and App services.
2.5. These Terms establish the functions and services of the Electronic Store, which you can use when visiting or shopping on our Website and/or Mobile Application. These Terms apply to the registration and use of the Website and/or Mobile Application. We recommend that you print or download and keep a copy of these Terms so that you have the information they contain in case you need them. You can always view the current version of the Terms on our Website or contact us by e-mail to receive a copy of the Terms. This document is a legally binding agreement between the Buyer, as a customer of the Electronic Store, and the Seller, as the manager of the Electronic Store.
2.6. Persons who have not registered on the Website and/or Mobile Application (have not created an Account) will have the opportunity to view and use a limited part of the information provided on the Website and/or Mobile Application and will not be able to use certain services provided by us. Such persons must in any case comply with these Terms, the Privacy Policy and other conditions indicated on the Website and/or Mobile Application, as well as applicable legal acts.
2.7. By making a purchase in the E-Store and ticking the box next to the statement "I have familiarized myself with the Terms for buying and selling Goods in the www.premiumlogcabins.co.uk electronic store and the Privacy policy”, the Buyer confirms that he has read these Terms and the Privacy Policy, agrees with them and undertakes to comply with them. Once the Buyer approves the Terms and Privacy Policy, they become an integral part of this Agreement.
2.8. The Seller does not assume any risk or responsibility and is unconditionally released from it to the maximum extent permitted by law if the Buyer did not familiarize himself with the Terms, although he was given such an opportunity.
2.9. Agreements in the Electronic Store are concluded in electronic form. When concluding Agreements with Buyers, the Seller follows the applicable legal acts regulating the conclusion of remote consumer contract conclusion.
2.10. The following persons have the right to use and buy in the Seller's Electronic Store: able-bodied natural persons of full age; legal entities and their authorized representatives. The Buyer, by agreeing to these Terms, confirms that he has the right to buy in the Electronic Store. In the E-Store, legal entities can purchase Goods only with the purpose of final consumption (i.e., without the purpose of reselling the Goods).
2.11. When shopping in the Electronic Store, the Buyer is subject to the Terms valid at the time of placing the Order.
2.12. The Seller reserves the right to change the Terms from time to time without personally notifying the Buyer in advance. The Buyer will be informed about such changes on the Website. Changes take effect from the moment of publication and are valid for all Agreements concluded after publication.
2.13. The Seller has the right to temporarily or indefinitely suspend (terminate) the operation of the Electronic Store without informing the Buyer.
3. ACCOUNT CREATION AND MANAGEMENT
3.1. The Buyer can purchase Goods in the Electronic Store only by and after creating a personal Account and placing an Order as a registered Buyer.
3.2. The right to create an Account and to use the E-Store is vested in persons who are no younger than 18 years and who have performed the actions indicated in these Terms and meet the requirements set in these Terms.
3.3. When creating an Account (during registration), a person must:
3.3.1. carefully read these Terms, as well as information presented on the App and Website;
3.3.2. confirm their acceptance of the Terms and other documents and information, as applicable;
3.3.3. provide their first name, surname, mobile phone number, e-mail address and perform the required authentication actions (e.g., open the authentication link sent to the Buyer via their indicated email address, etc.);
3.3.4. present other data, information and/or documents that the Seller may reasonably request at the time of registration;
3.4. After successful registration, a personal Account is created, to which the Buyer can log in only after entering the e-mail address and password used during registration.
3.5. It shall be regarded that both where a Buyer creates an Account and each time when they subscribe to Services, Buyer confirms that:
3.5.1. they are of age, making them eligible to create the Account and use the E-Store, as indicated in the Terms;
3.5.2. there are no other reasons, for which they cannot start using the E-Store under applicable legal acts, and no such reason will appear all the time they use the E-Store;
3.5.3. are familiar with the prices applicable for the Goods, other applicable terms and conditions;
3.5.4. consent to collection and processing of personal data, necessary for conclusion and performance of the Agreement and for other purposes, as indicated in the Privacy Policy.
3.6. During registration in the Electronic Store, filling out the Order form or otherwise using the Electronic Store, the Buyer shall present correct, accurate, true, and full information about themselves, including their true first name and surname, their mobile phone number and their e-mail address. It shall be prohibited to create an Account and to perform registration by use of other persons’ data, wrong, falsified or illegally collected data. The Buyer assumes all the risks and liability in connection with incorrect, inaccurate or false data. If the data provided by the Buyer changes, the Buyer must update it immediately.
3.7. If, in the Account creation process, a person fails to perform all the registration actions indicated in these Terms or other actions indicated on the Website and/or the App, the Seller shall have the right to remind said person about it and for these purposes to process data provided by said person and collected about them accordingly, as indicated in the Privacy Policy.
3.8. The Buyer has the right to change and supplement data in their Account at any time or submit a request to the Seller to cancel their Account. After receiving the Buyer's request, access to the Account is cancelled, but the Seller will keep the data provided in the Account for another 6 months after the day of cancellation of access to the Account. During this period, the Buyer has the right to restore his Account at any time without losing any information, by submitting a written request to the Seller using the contacts specified in the Electronic Store.
3.9. The Buyer must diligently, carefully and responsibly keep their Log-in Data, data used for the creation of the Account and their device and not to provide third persons with an opportunity or possibility to access them or use them for creation of an Account or submission of Orders. The Buyer shall be liable for security, secrecy and confidentiality of their Log-in Data and Account.
3.10. The Buyer shall have no right to:
3.10.1. transfer, sell or lease their Account, or otherwise give the right to use their Account to any other person;
3.10.2. create fake, illegal, fraudulent Accounts;
3.10.3. create an Account in the name of another person.
3.11. The Buyer must immediately, after they learn of such a fact, alert the Seller if:
3.11.1. their Log-in Data is lost or becomes otherwise accessible to another person;
3.11.2. Buyer loses control of Account or access to Log-in data;
3.11.3. Buyer loses control of the data used for creation of Account, or the device with the App;
3.11.4. Log-in Data or the data used for creation of Account have been used without the Buyer’s knowledge;
3.11.5. there has been a change in the Buyer’s data;
3.11.6. circumstances indicated in Paragraph 3.11 occur;
3.11.7. other circumstances occur, posing danger to the integrity, confidentiality, accuracy of the Account and/or data therein.
3.12. Having received the Buyer’s notification about the circumstances indicated in Paragraph 3.11, the Seller may block the Account. Nonetheless, the Seller, having itself determined the circumstances indicated in Paragraph 3.11, shall also have the right, at its own discretion, to block an Account.
3.13. Having received the Buyer’s notification indicated in Paragraph 3.11, the Seller shall seek to prevent further illegal use of the Buyer’s Account and Log-in Data, however, it does not assume responsibility for the success of such operation and, therefore, the Seller is not and shall not be held liable for any damages, losses or inconveniences suffered by the Buyer or third parties by reason of disclosure, theft or illegal use of the Account or Log-in Data, except if they are suffered through the fault of the Seller. The Buyer shall be liable for any actions of third parties if they were done by use of the Buyer’s Account or Log-in Data. All the actions performed in the Buyer’s Account and all the consequences, risks and liability arising out of this shall lie with the Buyer. The Buyer is liable to the Seller for all actions, which are carried out using their Account, unless the Buyer is not responsible for such misuse.
3.14. After the cancellation (deletion) of the Account, the information that the Buyer posted publicly remains and is not destroyed, but it will not be possible to identify the Buyer based on the Buyer name with which the information was posted.
3.15. If the Buyer or a visitor does not provide or provides incorrect, inaccurate or incomplete information or terminates the registration process without completing all the specified registration steps or the Buyer abuses the Accounts, the Buyer's registration will not take place and the Buyer's Account will not be created. Abuse is considered to be cases where the Buyer creates accounts in order to avoid his obligations or to circumvent the established restrictions in relations with the Seller.
3.16. By agreeing to these Terms, the Buyer confirms and guarantees that all activities carried out in the Buyer's Account (including, but not limited to, the purchase of Goods, clicks, exchange of information, preferences, submission and execution of Orders and payments, as well as the execution of any other activities) is performed by the Buyer himself.
3.17. By using the Website and/or Mobile Application of the Electronic Store, the Buyer confirms that he will comply with all applicable legal requirements.
3.18. The Seller has the right to suspend the Buyer's right to use the Account at any time if the Buyer violates these Terms, the Privacy Policy or otherwise illegally uses the Electronic Store, Website, Mobile Application or services provided by the Seller. The Buyer will be informed about the suspension of the account and violations committed by the Buyer at the e-mail specified in the Account. In such a case, the Account will be activated only after the Buyer eliminates the violations of these Terms and provides appropriate evidence to the Seller. The Seller reserves the right to delete the Buyer's Account if the Buyer does not remove the violations of the Terms within 30 calendar days of the Account suspension.
3.19. If the Buyer's use of the Account has been suspended, during the period of suspension the Buyer will not be able to purchase Goods in the Electronic Store
3.20. If the Buyer has violated these Terms and the Buyer's use of the Account has been suspended, information about the violation and the status of the Buyer's Account can be obtained by contacting the Seller by e-mail: [email address].
4. ORDER SUBMISSION AND EXECUTION
4.1. Every Buyer can browse the Electronic Store, regardless of whether he has registered an Account or not. However, only registered Buyers (Buyers who have created a personal Account) can place Orders and purchase Goods.
4.2. The first purchase step for Buyers is to log in to the Account by using their Log-in Data.
4.3. When purchasing Goods in the Electronic Store, the Buyer submits an Order in which he indicates the Goods and Works they want to buy, their specifications and modifications, their name and surname, delivery address, e-mail address, telephone number, other additional information. This information may be pre-filled in if it was provided by the Buyer in their Account information.
4.4. The Seller shall review and respond to the Buyer Order without undue delay, either confirming the Order, or providing suggestions and alternatives to the Goods chosen by the Buyer. Where the Buyer orders custom Goods, the procedure set in Section 5 applies.
4.5. The Agreement between the Buyer and the Seller is considered to have been concluded and comes into force from the moment when, after receiving the Buyer's Order and concluding the content of the Order and Goods specifications, the Seller sends the Order confirmation to the e-mail specified by the Buyer, with the advance invoice, the Goods specified, their exact number and prices, and the order number provided.
4.6. Together with the aligned Order, these Terms become an Agreement concluded between the Parties and is a binding legal document for both Parties. The Agreement concluded between the Parties is valid until the Parties' obligations under the Agreement are fully fulfilled or until it expires in the manner specified in these Terms.
4.7. After confirmation, the Order may be modified only with the consent of the Seller. In case the Seller suffers any extra costs due to such updates, these shall be paid by the Buyer. In cases when the Seller cannot make the updates of an Order due to a planned production process or for any other reasons and does not confirm them, the Buyer must accept and pay for the Goods according to a valid Order.
4.8. The Seller has the right to refuse the Order or to extend the terms of performance of the Seller's obligations under the Agreement only if, due to fundamentally changed circumstances and/or due to technical errors (obstacles) and/or the actions of third parties, the Seller does not have reasonable means available to him to fulfil the Agreement. In such cases, the Seller undertakes to inform the Buyer about the situation and to look for ways to fulfil the Agreement that satisfy both Parties.
4.9. The Seller has the right to cancel the Agreement and has no obligation to deliver the ordered Goods or Works in the following cases: (i) the price or assortment of the Goods was displayed incorrectly in the E-Store, or (ii) the final purchase price was displayed incorrectly in the E-Store to a system error. Upon becoming aware of the error, the Seller will immediately notify the Buyer and the Buyer will be entitled to an immediate refund of the price paid using the same means of payment that the Buyer used for the original transaction. Buyer may purchase the same items at the revised price specified in such notice by placing the selected items in a new shopping cart. The Seller shall have no obligation to provide the Buyer with any additional compensation for damages that the Buyer may suffer because of such cancellations of the Agreement.
4.10. The Seller is not responsible for any and all disruptions in the networks of Internet connection, e-mail or electronic signature service providers, as a result of which the Buyer does not receive informative or confirming e-mails or messages from the Seller.
4.11. If the Order submitted by the Buyer contains at least one item that the Seller cannot deliver at the desired quantity to the Buyer within the terms specified in these Terms, the Seller shall immediately notify the Buyer at the e-mail address or phone number specified in his Account and:
4.11.1. present the option to the Buyer to cancel the Order and, within 14 (fourteen) calendar days, return to the Buyer the price of the Goods paid , to the Buyer's bank account from which the payment was made; or
4.11.2. offer another (later) Order delivery (collection) deadline; or
4.11.3. offer to fulfil the Order without the missing item and within 14 (fourteen) calendar days to return the price of the missing item to the Buyer's bank account from which the payment was made.
4.12. If the Buyer does not agree with the methods of execution of the Order proposed in Paragraphs 4.11.2 and 4.11.3 of the Terms, he may refuse the Order. In this case, within 14 (fourteen) calendar days from the cancellation of the Order, the Seller returns to the Buyer the price of the goods paid by him, to the Buyer's bank account from which the payment was made.
4.13. By placing an Order, the Buyer confirms that they agree to receive the Seller's offers and information related to the ordered Goods by e-mail, including, but not limited to, the installation, assembly, maintenance, repair, as well as other related service offers.
5. PRODUCT FEATURES AND PRICES
5.1. The prices of Goods in the Electronic Store are indicated in Pounds. The prices of Goods in the Electronic Store may differ from the prices of the Goods in the physical stores of the Seller. The price valid at the time of submission and confirmation of the Order applies to the Goods.
5.2. Value added tax (VAT) is included in the Goods price.
5.3. The applicable fees for the delivery of Goods may differ from the delivery location outside of United kingdom Mainland and are specified in the Order confirmation notice. Instead of paying the delivery fee, the Buyer can opt to retrieve the Goods from the Seller’s indicated physical location.
5.4. The Seller has the right to change the prices of goods in the Electronic Store at any time without notifying the Buyer. These changes will not affect the execution of the already approved Orders.
5.5. The characteristics of the Goods sold in the electronic store are indicated in the description provided with the respective Goods. The information in the product description is of a general nature, so it may not match the information on the product packaging.
5.6. The photos of the Goods presented in the E-Store may not correspond to the actual appearance, colour, configuration or shape of the Goods and their packaging.
6. PAYMENT PROCEDURE FOR GOODS
6.1. The Buyer can pay for the Goods in one of the following ways:
6.1.1. using electronic banking services;
6.1.2. By Bank Transfer when the Buyer arrives at the Seller’s premises to retrieve the Goods;
6.1.3. according to advance invoice sent to the Buyer.
6.2. Depending on the type of Goods ordered (standard or custom), the Seller may require the Buyer to pay part of the Order price in advance (advance payment). The percentage of advance payment shall be:
6.2.1. 20% (Twenty percent) of the Order price for standard Goods; 30% (Thirty percent) of the order price for Customized Goods.
6.3. The Seller shall initiate the processing of the Order only after the Seller successfully receives the Buyer’s advance payment for the Order and its delivery in accordance with the advance invoice sent to the Buyer with the Order confirmation. The remaining sum of the Order and delivery price shall be paid by the Buyer no later than before the delivery date of the Goods.
6.4. If the Buyer did not pay the full amount for the Goods before the delivery date, the Seller may suspend the delivery of the Goods. If the Buyer continues to not pay for the Goods for longer than 14 (fourteen) calendar days, the Seller may consider the delivery as failed and terminate the Agreement in accordance with Paragraph 8.11 of the Terms.
6.5. If the Buyer unreasonably does not accept the Goods at the time of delivery, the Buyer must compensate the Seller for the losses incurred as a result.
6.6. If the Buyer does not pay for the Goods and/or does not collect (accept) them, it is considered that the Agreement has not been concluded and/or is terminated.
6.7. The VAT invoice is provided to the Buyer by e-mail after the collection (delivery) of the Goods. The Buyer undertakes to contact the Seller for the correction of the VAT invoice issued to him no later than within 1 day of the day of collection (delivery) of the Goods. After this deadline, the Seller reserves the right not to correct the invoice issued to the Buyer. The seller corrects the VAT invoice and submits it to the Buyer by the 15th day of the following month.
6.8. For payment of Goods and their delivery using bank services, the Buyer may be subject to commissions determined by the Bank and/or other fees for the transactions performed.
6.9. The Seller undertakes to provide the Buyer with all the necessary and correct information for the payment of the Goods and their delivery services, but the Seller does not assume any responsibility for the improperly provided services and related losses of the Buyer for using the banks and their services for payment transfer to the Seller. Also, the Seller does not assume any responsibility arising from errors made by the Buyer when forming and executing the payment order (e.g., incorrect indication and/or entry of the account number, incorrectly submitted order code, etc.) and related losses and/or other negative consequences.
7. DELIVERY OF GOODS
7.1. Delivery of Goods is carried out throughout the territories of United kingdom MainLand.
7.2. Delivery of the Goods within the UK is free of charge. For addresses outside the UK, a delivery fee will apply. The exact delivery cost depends on the weight of the ordered Goods and the delivery destination. The applicable fee will be calculated and confirmed after the Order is placed. For more details, please refer to the Delivery Terms page or contact us at info@premiumlogcabins.co.uk.
7.3. When submitting an Order, the Buyer can choose one of the delivery methods offered at the time of ordering:
7.3.1. Free pick-up at the indicated Seller location;
7.3.2. Delivery to the address specified by the Buyer.
7.4. Goods are usually prepared for delivery to the Buyer in the following terms:
7.4.1. within 2 weeks from the confirmation of the Order, when the Goods are in the country where the delivery destination is located;
7.4.2. within 6 weeks from the confirmation of the Order, when the Goods are already manufactured by the manufacturer;
7.4.3. within 12 weeks from the confirmation of the Order, when the Goods have not been manufactured yet.
7.5. Unless otherwise specified in the notification by the Seller, any dates quoted for delivery of the Goods are approximate only, and the Seller shall not be liable for any delays in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence, unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
7.6. The Seller has the right to unilaterally extend the terms of delivery and pick-up of the Goods provided for in Paragraph 8.4, informing the Buyer about this as soon as possible, but no later than 1 (one) calendar day before the end of the deadline for the delivery or pick-up of the Goods. The Seller is not responsible for the delay in the delivery of the Order due to the fault of third parties delivering the Goods.
7.7. After choosing the free pick-up of the Goods in the Seller location, the Seller indicates the approximate date when the Goods shall be ready for collection on Order confirmation, and the Buyer is informed when the Goods are ready for collection by e-mail. If the Buyer does not pick up the Goods within 14 (fourteen) calendar days after receiving the notification about the Goods ready for collection, the Seller cancels the Order and terminates the Agreement without prior notice and within 14 (fourteen) calendar days returns the Order price paid without the deducted advance payment to the Buyer to the Buyer's bank account from which the payment was made. The advance payment in this case shall be considered as fair minimal loss of the Seller.
7.8. The Buyer, who has chosen the method of delivery of the Goods to the Buyer’s indicated location, undertakes to specify the exact delivery address of the Goods when placing the Order, to be at the specified address at the delivery time agreed and to provide the Order information at the time of collection, which will allow the Seller to identify the Buyer. If the ordered Goods will not be collected by the Buyer themselves, they must indicate in the Order the name and surname of the person who will collect the Goods, and such a person must confirm his identity when collecting the Goods.
7.9. If the Buyer does not meet the courier at the delivery address specified in the Buyer's order at the agreed delivery time and 15 (fifteen) minutes after it, the Goods are considered undelivered due to the Buyer's fault and the Seller shall have the right to return the Goods to the Seller’s warehouse. In such a case, the Seller may cancel the Order and terminate the Agreement according to the procedure set out in Paragraph 8.7 or the Parties must agree on a new date of delivery of the ordered Goods, and the Buyer must compensate the Seller for the costs of repeated transportation of the Goods to the Buyer. The repeated delivery in this case cannot be earlier than 4 weeks after the initial failed delivery.
7.10. In all cases, the Seller is released from responsibility for the delay in delivering the Goods, if the Goods are not delivered to the Buyer or are delivered late due to the Buyer's own fault or due to circumstances beyond the Seller’s control.
7.11. If the delivery of the Goods is impossible due to the fault of the Buyer, the Seller may terminate the Agreement without prior notice to the Buyer. In this case, within 14 (fourteen) calendar days, the Seller returns to the Buyer the price of the Goods paid by him to the Buyer's bank account from which the payment was made, deducting the advance payment and costs of delivery of the Goods incurred by the Seller from the failed or impossible delivery, which shall be considered as minimal loss of the Seller.
7.12. The risk of accidental loss and destruction of the Goods is transferred to the Buyer when they or the person indicated by them accepts the Goods.
7.13. During the delivery of the Goods, the Buyer must, together with the courier who delivered the Goods, check the condition of the shipment (whether the package of the shipment is not crumpled, wet, torn or otherwise externally damaged), the assortment, quantity, and quality of the Goods. Having noticed violations of the external appearance of the shipment and/or product, inconsistencies in the assortment and/or quantity of Goods, the Buyer must note this in the shipment delivery confirmation provided by the Seller or courier (in the cargo waybill or other similar document) and write and sign together with the Seller or courier a free-form shipment and/or product violations/inconsistencies act. Violations/inconsistencies recorded during the transfer of Goods are eliminated in accordance with the procedure and terms agreed upon by the Parties.
7.14. If the Buyer does not make any claims to the Seller within 14 (fourteen) calendar days from the moment of delivery of the Goods, it is considered that the packaging of the Goods, the quantity and quality of the Goods comply with the terms of the Agreement.
7.15. Before opening the packaging of the Goods and starting to use the Goods according to their intended purpose, the Buyer must check the serial numbers, colour code, shades and other information of the Goods for consistency with the Order. Upon noticing defects/inconsistencies, the Buyer must contact the Seller for replacement of the Goods.
7.16. Instructions and recommendations for use and maintenance of Goods may be provided in together with the purchased Goods. In the event that the Buyer does not find or loses the above-mentioned instructions, he has the right to contact the Seller by e-mail info@premiumlogcabins.co.uk and request product specific instructions to be provided by e-mail. Such instructions are mandatory to the Buyer and the Goods shall be used in accordance with them. Any deviation from the use of Goods in line with the instructions is done at the Buyer’s risk and the Seller shall not be responsible for any damage or loss incurred by the Buyer thenceforth.
8.INSTALLATION WORKS
8.1. Seller does not directly provide installation or assembly services for the Goods. Instead, the Buyer has the option to engage third-party service providers, including the Seller’s recommended assembly partners, to carry out the installation works.
8.2. If the Buyer chooses to use one of the Seller’s recommended assembly partners, the Seller will provide a rough estimate of the installation costs. The final price and terms for the installation works shall be directly agreed upon by the Buyer and the chosen assembly partner.
8.3. The cost of installation works is not included in the price of the Goods and is not charged by the Seller. The Buyer shall pay for such services directly to the selected third-party service provider.
8.4. During the execution of the installation works by the Seller’s recommended partners, the following conditions shall apply:
8.4.1. The third-party partner will organize and coordinate the installation works with the Buyer, ensuring proper cooperation and communication.
8.4.2. The partner will ensure that a sufficient number of qualified personnel are available to carry out the installation works.
8.4.3. The partner will bring, at its own expense, any necessary materials, machinery, or equipment required for the installation works, unless otherwise agreed with the Buyer.
8.4.4. The partner will keep the Buyer informed of the progress of the installation works.
8.4.5. The partner will, at its own expense, rectify any improperly executed works resulting from its own fault to comply with the agreed standards.
8.5. The Buyer may opt to carry out the installation works themselves or engage any other third-party contractor of their choice. In such cases, the Buyer assumes full responsibility for the execution and quality of the installation works.
8.6. The Seller assumes no liability for the quality, performance, or outcomes of installation works carried out by third-party service providers, whether recommended by the Seller or independently chosen by the Buyer.
8.7. All Goods are delivered with a detailed assembly manual to assist in the installation process. The Buyer is advised to consult professional assistance if necessary.
8.8. The Buyer acknowledges that any damages or defects arising from improper installation are not covered by the Seller’s warranty for the Goods.
9. RIGHT TO WITHDRAW THE AGREEMENT
9.1. The Buyer who, according to the provisions of the applicable law, is considered a consumer, has the right to return the goods purchased in the Electronic Store to the Seller, refusing concluded Agreements. In order to exercise this right, the Buyer must inform the Seller about the cancellation of the Agreement no later than within 14 (fourteen) calendar days from the day of handing over the goods to the Buyer at the e-mail address info@premiumlogcabins.co.uk and submit a free-form request for the cancellation of the Agreement.
9.2. The Seller, upon receiving the Buyer's written notification regarding the cancellation of the Agreement, within 14 (fourteen) calendar days returns the money paid to the Buyer for the Goods to the Buyer's bank account from which the payment was made.
9.3. The Seller shall pick-up the returned Goods from their delivery location within 14 (fourteen) calendar days from the submission of withdrawal from the Agreement. The costs of returning the product to the Seller are paid by the Buyer.
9.4. Returned Goods must be unused, undamaged, in good condition (unremoved and undamaged original labels, untorn protective film, etc.), in neat original packaging and with unchanged properties.
9.5. Buyers who are legal entities or natural persons who purchase Goods for purposes related to their business, trade, craft, or profession, do not have the right to withdraw from their Agreements.
9.6. The Buyer does not have the right to exercise the right to withdraw from the Agreement and return the Goods in the cases specified in applicable regulation, including, but not limited to, if the Goods are pre-made and are produced according to the Buyer's personal choice or instruction (custom Goods).
10. EXCHANGE AND RETURN OF GOODS OF INADEQUATE QUALITY. WARRANTY
10.1. Goods of unsuitable quality are exchanged and returned in accordance with applicable legal acts, in the cases, procedures and conditions established.
10.2. The Seller is responsible for Goods defects that were present during the delivery of the Goods and become apparent within two years of the Goods being delivered to the Buyer (statutory warranty).
10.3. The Seller is responsible for any Goods defects that became apparent to the Buyer within a year of the Goods being delivered to the Buyer. The Seller is also responsible for any quality deficiencies of the Works where they became apparent within 5 years of the Works being handed over to the Buyer.
10.4. The Buyer does not have the right to terminate the Agreement if the incompliance is minor.
10.5. If the Buyer has purchased Goods of inadequate quality, the Buyer may return the Goods within the warranty period and, at his option, may demand:
10.5.1. that the Seller removes the defects of the Goods free of charge within a reasonable period of time, if the defects can be removed;
10.5.2. to reduce the purchase price accordingly;
10.5.3. that the Goods are replaced with an analogous Goods of suitable quality;
10.5.4. return the price paid and cancel the Agreement when the incompliances are significant.
10.6. The Buyer can choose only one of the remedies provided for in Paragraph 11.5 of the Terms. The Buyer must declare their choice when contacting the Seller with their claim. If, after the Buyer chooses the method of defending his rights provided for in Paragraph 11.5, and the Seller does not have the reasonable opportunity to implement it, the Seller can offer an alternative according to Paragraph 11.5.
10.7. The Seller conducts repair works at the location of the Goods at the Seller’s expense when replacement of defective Goods or their details is impossible, uneconomic, disproportionate or difficult.
10.8. If the Buyer terminates the Agreement due to inappropriate quality of the Goods, the Seller must return the price paid to the Buyer. The cost of returning Goods of inappropriate quality is borne by the Seller.
10.9. If a price difference occurs during the exchange of Goods, the Buyer must settle with the Seller according to the recalculated prices of the goods valid at the time of the exchange of Goods.
10.10. The Goods can be exchanged by submitting a free-form request to the Seller at the e-mail address info@premiumlogcabins.co.uk The submitted request should indicate the reason for the return, any supportive evidence (e.g., photos, videos from different angles) and one of the requirements specified in Paragraph 11.5. A code of the requested exchange (code of the building or a particular part) must also be included to the request.
11. LIABILITY
11.1. The Parties are responsible for the violation of the Agreement concluded using the Electronic Store in accordance with the procedure established by the applicable legal acts.
11.2. The Buyer is responsible for the actions performed using the Electronic Store.
11.3. The Buyer is responsible for the correctness of the data provided in the registration form, Order form or otherwise using the Electronic Store and assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the data provided.
11.4. The Buyer is responsible for any actions of third parties, if they were made using the Buyer's Log-in data and/or the Buyer's Account.
11.5. The Seller is released from any responsibility in cases where the Buyer, disregarding the Seller's recommendations and his obligations, did not familiarize himself with these Terms and the Privacy Policy applied by the Seller, although the Buyer was given such an opportunity.
11.6. The Seller is not responsible for the fact that the color, shape or other parameters of the Goods in the Electronic Store may not correspond to the real size, shape and color of the Goods due to the characteristics of the monitor, tablet or mobile phone screen used by the Buyer or other technical reasons, as well as taking into account reasonable possible discrepancies in appearance.
11.7. In cases where the Electronic Store contains links to third-party websites, the Seller is not responsible for the correctness of the information provided on these websites. The Seller is not and cannot be held responsible for the content of third-party websites. Third parties are responsible for the information provided by third parties and the content of websites, their correctness, completeness and accuracy. The Seller is not obliged to check transmitted or stored external information or to detect illegal actions.
12. EVENTS BEYOND SELLER'S CONTROL
12.1. The Seller shall not be liable for non-performance or late performance of the Agreement or any obligations under the Agreement, if such non-performance or delay is due to any act or event beyond Seller's reasonable control (Event beyond Seller’s control). Such events shall include extraordinary governmental or political action, riots, war, embargo, boycott, strikes, lockouts, pandemics, acts of God, epidemics, fire, flood, hurricane, earthquake, lightning, and explosion, or other causes or circumstances beyond Seller’s reasonable control affecting its operation and fulfilment of this Agreement.
12.2. If an Event beyond Seller’s control occurs that affects the proper performance of the Seller's obligations under the Agreement:
12.2.1. The Seller will immediately inform the Buyer; and
12.2.2. The performance of the Seller's obligations arising from the Agreement will be suspended and the deadline for fulfilling the obligations will be extended for the duration of the Event beyond Seller’s control. If said events affect the delivery of the Goods to the Buyer, the Seller will arrange a new delivery date after the end of Events beyond the Seller's control.
12.3. If the Events beyond Seller’s control continue for more than 60 (Sixty) calendar days, either Party shall have the right to unilaterally terminate the Agreement without any adverse consequences.
13. PRIVACY AND PERSONAL DATA
13.1. When processing personal data the Seller undertakes to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to and on the free movement of such data (the GDPR) and other applicable legal acts governing protection of personal data, and provisions concerning processing of personal data.
13.2. The Buyer is aware and agrees that in order to receive Goods provided by the Seller, the Buyer’s personal data is processed by the Seller in accordance with the Privacy policy, available on the Website and/or the Mobile Application.
13.3. The Buyer is aware and agrees that the Seller may contact the Buyer for the purposes of Agreement performance via the email address or telephone number indicated by the Buyer.
13.4. The personal data of the Buyer are processed on a legal basis established by the GDPR – the processing of personal data is necessary for the conclusion and execution of the Agreement and, in the light of a specific personal data processing operation, on a legal basis established by the GDPR – the processing of personal data is necessary to ensure the legitimate interests of the Seller (e.g. to ensure that the natural person is a legal representative of the legal person). Personal data shall also be processed for other purposes specified in the Privacy Policy of the Mobile Application and/or on the Website.
13.5. If the Buyer has any questions or complaints regarding the processing of personal data and wishes to exercise his rights as the data subject, he may contact the Seller using the contact details provided on the Mobile Application and/or on the Website. If the Seller has any complaints, he may also contact the State Data Protection Inspectorate (registered office at L. Sapiegos St. 17, LT-10312, Vilnius, Lithuania, email address: ada@ada.lt, website: https://vdai.lrv.lt/).
14. FEEDBACK, REVIEWS, COMMENTS, MESSAGES AND OTHER CONTENT
14.1. The Seller may grant registered Buyers the right to publish their content (information, content or material in comments and the tool designs and drafts) on the Website or Mobile App. By publishing any content in the E-Store, the Buyer grants the Seller an unlimited right to display, transfer, distribute, publish, copy, adapt, change, translate, create derivative works, transfer to third parties and grant them the published in relation to the content, the analogous rights specified in this point, and otherwise use all and any part of the content published by the Buyer in the ways, purposes and scope chosen by the Seller at the discretion of the Seller in an unlimited territory. If the Buyer does not want the Seller to use the content posted by the Buyer, the Buyer should not post such content.
14.2. Seller is not and will not be subject to the following obligations: (i) to keep the content or thoughts posted by the Buyer confidential; (ii) pay compensation for content or ideas posted by the Buyer; (iii) respond or otherwise reply to content or ideas posted by Buyer.
14.3. The Buyer grants Seller the right to use any name(s) associated with any content or idea that Buyer makes available to Seller, but Seller is not obligated to exercise this right and link to the Buyer.
14.4. The Buyer warrants and represents that Buyer's publicly posted content, post or opinion is: (i) true, accurate and legal; (ii) are not fraudulent, harmful or misleading.
14.5. The Buyer is prohibited from posting any information that is illegal, unfair, threatening, defamatory, infringing intellectual property rights (including rights of publicity) or in any other way that may violate the rights of third parties, as well as posting malicious content that contains software viruses, information that may constitute political campaign, information with signs of commercial activity, mass mailings or information provided in any form of "spam" or unsolicited commercial electronic messages.
14.6. The Buyer content is considered prohibited if:
14.6.1. is false, fraudulent, inaccurate or misleading;
14.6.2. violates the law or may otherwise cause harm;
14.6.3. is protected by law and may infringe the rights of others (including the Seller), including patents, copyrights, trademarks, trade secrets, rights of publicity or privacy or any other proprietary rights, and is used without the express, prior, written and valid consent of the appropriate rights owner consent;
14.6.4. contradicts the principles of good morals, is pornographic or otherwise objectionable;
14.6.5. is humiliating, defamatory, threatening, abusive, hateful or degrading to the honor and dignity of any person or entity;
14.6.6. is of a violent, degrading or intimidating nature towards a person or group of persons because of religion, gender, sexual orientation, race, ethnicity, age or disability;
14.6.7. is of a violent or threatening nature, or promotes cruelty or actions that pose a threat to individuals or groups of individuals;
14.6.8. it contains advertisements, unsolicited descriptions or spam links to other websites or persons without the prior written permission of the Seller;
14.6.9. published on behalf of another business entity or person, including the Seller, its employees and representatives;
14.6.10. is intended to harm, cause damage, disable or otherwise interfere with the operation of the Electronic Store or the Seller's partners.
14.7. If the Buyer publishes the prohibited content, or the Seller or another third party determines that the information published by the Buyer does not meet the criteria set out in Paragraph 15.6 of these Terms, all related responsibility rests with the Buyer, and such a violation will be considered a material violation of the Terms, in which case the Seller reserves the right to delete the Buyer's Account without prior notice. The Buyer will be informed about the deletion of the Account by the e-mail specified in the Account.
14.8. The Seller, without separate notice, reserves the right to delete illegal content posted by the Buyer or content that may violate the rights or legitimate interests of third parties.
14.9. The Seller reserves the right (but not the obligation) at its discretion to monitor, evaluate and analyze the content posted by the Buyer and the use of the Website and Mobile Application and access to them, including determining compliance with these Terms and all other use rules that the Seller may establish.
14.10. The Seller also has the right (but not the obligation) at its discretion to edit, move, delete or refuse to make available the content contained in the E-Store for any reason, including violation of these Terms, regardless of legal or other reasons.
14.11. Notwithstanding this aforementioned right, the Buyer is fully responsible for all content posted by the Buyer and undertakes to indemnify the Seller for any damages caused therein.
15. RESOLUTION OF DISPUTES
15.1. All disagreements between the Parties arising from or related to the Agreement shall be resolved by negotiation. If an agreement cannot be reached, the Buyer can submit a request/complaint regarding the product purchased in the Electronic Store to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. 852626751, fax: (8 5) 2791466, website www.vvtat.lt), or fill out the application form on the EGS platform http://ec.europa.eu/odr/ .
16. FINAL PROVISIONS
16.1. These Terms are drawn up in accordance with the legal acts of the Republic of Lithuania, relations arising on the basis of these Terms are governed by the law of the Republic of Lithuania.
16.2. If any provision of these Terms is recognized by a court as illegal, invalid, or unenforceable, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms, found to be illegal, invalid, or unenforceable only in part or to a certain extent, will remain in effect to the extent to which it was not found to be illegal, invalid, or unenforceable.
16.3. These Terms do not in any way limit and in no case can be understood as limiting the rights of the Buyer (user) established by the legal acts of the Republic of Lithuania.
16.4. The Buyer can send all, inquiries, complaints, and other communication Seller's Electronic Store email address: Info@premiumlogcabins.co.uk . The Buyer has the right to contact the Seller and the Seller's business address at Ilgoji g.54, LT-14181, Lindiniškės, Vilniaus r., Lithuania.
16.5. These Terms come into effect once seller has received advanced payment from the buyer.