1. Definitions

1.1. These E-commerce Terms and Conditions (hereinafter – the Terms) are a mandatory and integral part of the purchase–sale agreement concluded between the online store SWIMBOBO.LT / www.swimbobo.lt, operated by UAB “VALmarket” (hereinafter – the Seller), and the customer (hereinafter – the Buyer). The Terms inform the Buyer about the conditions of purchasing goods in the Online Store and define the rights and obligations of the Seller and the Buyer related to the purchase and sale of goods in the Online Store.

1.2. Privacy Policy – a document regulating the main principles and procedures for the collection, processing and storage of personal data by the online store SWIMBOBO.LT, operated by UAB “VALmarket”, and the Buyer.

1.3. Buyer – a person who has made a purchase in the online store www.swimbobo.lt (hereinafter – the Online Store) and meets the provisions of Clause 2.3 of these Terms.

1.4. Seller – the legal entity UAB “VALmarket”, registered in the State Enterprise Centre of Registers of the Republic of Lithuania. Legal entity code: 136006675, address: Kalniečių g. 219-222, Kaunas, VAT payer code: LT360066716.

1.5. Parties – the Buyer and the Seller together.

1.6. Online Store – the electronic store available at www.swimbobo.lt, operated by the Seller.

1.7. Purchase–sale agreement – a distance purchase–sale agreement concluded between the Buyer and the Seller, which is considered concluded from the moment when the Buyer, in the Online Store www.swimbobo.lt, forms a shopping cart, provides a delivery address, selects a payment method, reads these Terms and the Privacy Policy, ticks the statement “I agree with the shopping terms and privacy policy” and clicks the purchase button.

2. General Provisions

2.1. The purchase–sale agreement obliges the Seller to sell the goods to the Buyer at the price indicated in the Online Store and to deliver them, while the Buyer undertakes to pay for the goods and their delivery under the conditions set out in these Terms.

2.2. Goods in the Online Store may only be purchased by persons who have agreed to these Terms and the Privacy Policy. The Buyer confirms that they have read and agree with the Terms by ticking the statement “I agree with the shopping terms and privacy policy”. Once confirmed in this way, the Terms become a legal document defining the relationship between the Parties.

2.3. The Seller has the right to change the Terms, therefore the Buyer must read the Terms again before making each purchase. Changes to the Terms come into force from the moment they are published in the Online Store.

2.4. The right to shop in the Online Store belongs to:

2.4.1. legally capable natural persons, i.e. adults whose legal capacity has not been restricted by court;

2.4.2. minors from fourteen to eighteen years of age who have the consent of their parents or guardians;

2.4.3. legal entities;

2.4.4. authorised representatives of all persons listed above.

2.5. By confirming the Terms, the Buyer confirms that they have the right to shop in the Online Store.

2.6. Before purchasing goods in the Online Store, the Buyer must read the Privacy Policy established and published by the Seller.

2.7. The Buyer expresses their consent or refusal to the processing of personal data in the ways provided for in the Privacy Policy by ticking or not ticking the statement “I agree with the shopping terms and privacy policy”.

2.8. The Buyer cannot shop in the Online Store without agreeing to these Terms and the Privacy Policy.

3. Ordering Goods and Conclusion of the Purchase–Sale Agreement

3.1. Goods in the Online Store may be ordered by both registered and non-registered users.

3.2. The Buyer has the right to select and order any goods from the catalogues available in the Online Store.

3.3. Information about the product, its available stock and the estimated delivery time is provided in the product card in the Online Store.

3.4. When ordering goods in the Online Store, the Buyer must provide complete and correct personal data in the order form.

3.5. If the Buyer’s provided data changes and the Seller is not informed about this, the Buyer assumes all risk of losses that may arise as a result.

3.6. The purchase–sale agreement is considered concluded when the Buyer performs the following actions:

3.6.1. adds the selected goods to the shopping cart;

3.6.2. selects the delivery method;

3.6.3. selects the payment method;

3.6.4. confirms the order;

3.6.5. if advance payment is selected – pays for the order and the Seller receives the payment;

3.6.6. receives the Seller’s confirmation of the placed order by the email address provided by the Buyer.

3.7. Upon receiving the Buyer’s order, the Seller has the right not to confirm it in cases where any provision of these Terms is violated, as well as in other cases where the Buyer is informed individually about the reasons.

3.8. All purchase–sale agreements concluded between the Buyer and the Seller are stored in the Seller’s database and may be provided to the Buyer in electronic form upon request.

3.9. The colour shade of the product may differ from what is shown in the photo. The product description is general in nature and may not include all product features.

3.10. In exceptional cases, the stock of goods in the warehouse and in the Online Store may not match, therefore delivery terms may differ from those indicated at the time of placing the order and / or the order may not be fulfilled, or may be fulfilled only partially.

4. Rights and Obligations of the Buyer

4.1. The Buyer has the right to shop in the Online Store in accordance with the procedure set out in these Terms.

4.2. When using the Online Store, the Buyer undertakes to comply with these Terms and not to violate the laws of the Republic of Lithuania.

4.3. The Buyer has the right to replace the purchased goods or withdraw from the purchase–sale agreement in accordance with Sections 8–9 of these Terms and the Civil Code of the Republic of Lithuania.

4.4. The Buyer has the right to use the warranty applicable to the purchased goods, to replace or return goods of improper quality and to exercise other rights established in these Terms and related legal acts of the Republic of Lithuania.

4.5. The Buyer undertakes to pay for the goods and services purchased in the Online Store and to accept them in accordance with the procedure set out in these Terms, i.e. to be at the specified place at the specified time and accept the ordered goods.

4.6. When purchasing or registering in the Online Store, the Buyer undertakes to provide correct data.

4.7. If the Buyer’s data changes, the Buyer undertakes to update it immediately or inform the Seller.

4.8. The Buyer undertakes not to transfer their login details to third parties.

4.9. If the Buyer loses their login details, they undertake to inform the Seller no later than within one calendar day.

4.10. The same Buyer is prohibited from registering and using several different accounts in the Online Store if this is done in order to abuse the services, promotions or other conditions of the Online Store.

4.11. The Buyer is responsible for all actions performed using the Online Store.

4.12. The Buyer is responsible for the consequences caused by incorrect data provided by the Buyer.

5. Rights and Obligations of the Seller

5.1. The Seller undertakes to provide the Buyer with the opportunity to use the services of the Online Store in accordance with these Terms.

5.2. The Seller reserves the right, without separate notice, to cancel the Buyer’s order and / or account and restrict the use of the Online Store in cases where the Buyer violates these Terms or the laws of the Republic of Lithuania, as well as when the Buyer’s activity is directed against the safe and stable operation of the Online Store.

5.3. The Seller has the right to cancel the Buyer’s order without separate notice if the Buyer, having selected the payment methods provided for in Clause 6.2 of these Terms, fails to pay for the goods within two business days.

5.4. The Seller has the right to change the information provided in the Online Store, including these Terms. The Seller informs about such changes in the Online Store.

5.5. The Seller undertakes to deliver the ordered goods to the address provided by the Buyer in accordance with these Terms, and to accept returned goods from the Buyer in accordance with these Terms.

5.6. The Seller undertakes to offer the Buyer an identical or as similar as possible product in cases where, due to important circumstances, the Seller cannot deliver the ordered product to the Buyer.

5.7. If the Buyer refuses to accept the offered similar product, the Seller undertakes to refund the money paid by the Buyer for the goods, if the Buyer had made an advance payment, within 5 business days.

5.8. The Seller is not responsible for the actions of third parties when they, using the Buyer’s electronic banking system, conclude purchase–sale agreements through the services of the Online Store.

5.9. The Seller is not responsible for the actions of third parties performed using the Buyer’s login details until the moment when the Buyer informs the Seller about the loss of their data. In such a case, the Seller has the right to consider that the actions in the Online Store were performed by the Buyer.

6. Prices of Goods, Payment Procedure and Terms

6.1. Prices of goods in the Online Store are indicated in euros, including the value added tax (VAT) applicable at that time.

6.2. The Buyer may pay for the ordered goods in one of the following ways:

6.2.1. using the Paysera BankLink service;

6.2.2. by signing a leasing agreement with a leasing service provider;

6.2.3. by making a bank transfer to the Seller’s bank account;

6.2.4. in cash at the time of delivery;

6.2.5. in cash or by bank card when collecting the goods at the goods collection point.

6.3. The delivery term of goods begins to be calculated from the confirmation of the order.

6.4. The order is confirmed by informing the Buyer by email:

6.4.1. after completion of the order procedure, when payment upon collection of the goods is selected;

6.4.2. when the Seller receives advance payment or confirmation from the leasing company regarding the financing of the purchase.

6.5. The price of the goods cannot be changed after the order is confirmed, except in cases where it is adjusted due to a technical error in information systems, an obvious mistake or other objective reasons beyond the Seller’s control.

6.6. If the Buyer does not agree to purchase the goods at the new price, the Buyer has the right to cancel the order within 2 days by informing the Seller and to recover the money paid for the goods.

6.7. Purchase documents are provided to the Buyer by email specified in the registration or purchase form.

6.8. If the Buyer is registered in the Online Store, purchase documents may also be provided in the Buyer’s personal account.

7. Delivery of Goods

7.1. Delivery of goods is carried out only within the territory of the Republic of Lithuania.

7.2. The delivery service of goods to the Buyer is paid. The price of this service is not included in the product price indicated next to the product.

7.3. Delivery rates and conditions are provided in the Online Store.

7.4. Goods weighing up to 30 kg are delivered to the Buyer’s door. Goods weighing more than 30 kg are delivered to the first entrance door.

7.5. The Buyer has the right to purchase an additional carrying service separately, if such service is provided. The rates and conditions of this service are provided in the Online Store or agreed individually with the Seller.

7.6. The Buyer may choose one of the delivery or collection methods offered in the Online Store.

7.7. Home delivery is carried out by the Seller or its authorised partner. By selecting this delivery method, the Buyer undertakes to provide an accurate delivery address when ordering goods and to be at the specified place at the agreed time to accept the goods.

7.8. When accepting the goods, the Buyer may be asked to provide an identity document.

7.9. The Buyer has no right to make claims against the Seller regarding delivery of goods to another person or other inaccuracies related to delivery if the Buyer cannot personally accept the goods and the goods were delivered to the address specified by the Buyer.

7.10. Delivery of goods to a selected parcel locker is possible only for goods that meet the size and weight requirements of parcel lockers. Only goods weighing less than 30 kg can be delivered to LP Express parcel lockers.

7.11. Parcels are stored in LP Express parcel lockers for 7 days. During this period, the Buyer undertakes to collect the parcel after receiving an information notice about its delivery.

7.12. More information about delivery of goods to parcel lockers is provided in the Online Store or on the delivery service provider’s website.

7.13. Collection of goods at the goods collection point is possible only if this method is offered in the Online Store.

7.14. Goods may be collected in this way only by the Buyer or by the person specified by the Buyer when placing the order.

7.15. The Buyer or the person specified by the Buyer, having selected collection at the collection point, must present a valid identity document when collecting the goods.

7.16. The Buyer undertakes to collect goods ordered in this way within 3 business days from the moment when the Seller informs by email that the goods are ready for collection.

7.17. If the Buyer fails to arrive at the specified time to collect the goods, they are stored for no longer than 3 business days, and a new collection time must be agreed in advance with the Seller.

7.18. If the Buyer is more than 14 days late in collecting the goods, the Seller sends the Buyer a warning about the intention to terminate the purchase–sale agreement within the next 7 days.

7.19. If the Buyer does not respond to the warning, the Seller has the right to terminate the purchase–sale agreement, deduct storage costs from the amount paid by the Buyer and return the remaining amount to the Buyer’s specified bank account.

7.20. The Seller informs the Buyer about the estimated delivery term in the product description or during the order process. The indicated terms are preliminary.

7.21. The indicated delivery terms do not apply in cases where the goods are not in stock and the Buyer is informed about the shortage of the ordered goods.

7.22. The Buyer agrees that, in the event of unforeseen circumstances beyond the Seller’s control, the indicated delivery terms may change.

7.23. In such cases, the Seller undertakes to contact the Buyer immediately, inform them about the situation and agree on a new delivery term and other conditions related to delivery of the goods.

7.24. The Seller is released from liability for violation of delivery terms if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to factors beyond the Seller’s control.

7.25. During delivery, the Buyer must inspect the condition of the parcel together with the Seller or its authorised partner.

7.26. By signing the parcel handover document or the marking device provided by the transport partner, the Buyer confirms that they have no complaints regarding the condition and completeness of the parcel and have not noticed any damage that is not attributable to a manufacturing defect.

7.27. If the Buyer notices that the parcel packaging is damaged, crushed, wet or otherwise externally damaged, or that the parcel contents are incomplete, the Buyer must note this in the parcel handover document and, in the presence of the Seller or its authorised partner, draw up a free-form parcel damage report.

7.28. The Seller is released from liability for product defects whose cause is not a manufacturing defect or a mismatch in completeness if such defects could have been noticed during inspection of the goods at the time of handover.

7.29. After the Buyer’s signature, the parcel is considered properly delivered, and the risk of damage or breakage passes to the Buyer.

7.30. If delivery to the Buyer fails or the Buyer fails to collect the goods under the conditions specified in these Terms, the goods are returned to the Seller, the order is cancelled and the Buyer is refunded the amount paid for the goods, but the delivery fee is not refunded.

8. Quality Warranty

8.1. The characteristics of goods sold in the Online Store are provided in each product description.

8.2. Goods are considered to be of proper quality and in conformity with the purchase–sale agreement if:

8.2.1. the goods correspond to the description provided by the Seller and have the same characteristics as the goods presented by the Seller as a sample or model in the Online Store;

8.2.2. the goods are suitable for the purpose for which goods of this type are normally used;

8.2.3. the goods meet the quality indicators normally characteristic of goods of the same type and which the Buyer may reasonably expect according to the nature of the goods and public statements made by the manufacturer, its representative or the Seller, including advertising and labelling.

8.3. The Seller is not responsible if the shape, size, colour or other features of goods sold in the Online Store do not match the actual shape, size, colour or other features of the goods due to the characteristics of the display or other image-transmitting device used by the Buyer.

8.4. Goods purchased by the Buyer are subject to the quality warranty and warranty terms provided for by the laws of the Republic of Lithuania.

8.5. The Seller may provide an additional warranty. In such cases, the conditions and duration of the additional warranty are specified in the product description or in the document defining the warranty.

8.6. The additional warranty does not change or limit the Buyer’s rights applicable when purchasing goods of improper quality.

8.7. The warranty period begins from the day the goods are handed over to the Buyer.

8.8. If the goods become defective, the Buyer may contact the warranty service addresses indicated on this page or contact the Seller by email at [email protected] and by phone at +370 687 76172.

8.9. When submitting goods for warranty repair, the Buyer must provide a document confirming the purchase of the goods: a receipt, invoice or leasing agreement.

8.10. Goods after warranty service are stored at the service centre for three months from the first notification to the Buyer about the completed warranty service.

8.11. The Buyer is informed about the completed warranty service by the method selected at the service centre.

8.12. After three months from the first notification to the Buyer, the Seller has the right to stop storing the repaired goods. All related losses are borne by the Buyer.

8.13. In cases where legal acts provide for an expiry date for certain goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer has a real opportunity to use them before the expiry date.

9. Right to Withdraw from the Purchase–Sale Agreement, Returns and Exchanges

9.1. Defects of sold goods are removed, and goods of improper quality are replaced and returned in accordance with the Retail Trade Rules of the Republic of Lithuania and other applicable legal acts.

9.2. The Buyer wishing to return goods must inform the Seller by email at [email protected] and complete the return form sent by the Seller.

9.3. The Buyer must provide the completed return document to the Seller together with the goods, all equipment and / or parts supplied with the goods, and the document confirming the purchase.

9.4. Natural persons who have purchased goods in the Online Store have the right, without giving any reason, to withdraw from a distance contract or an off-premises contract within 14 days from the receipt of the goods, except for the exceptions provided for in Article 6.22810(2) of the Civil Code of the Republic of Lithuania.

9.5. Returned goods must be packed in the original packaging, unused, undamaged and not have lost their merchantable appearance. The goods and their packaging must be clean, with original undamaged labels, protective bags and films.

9.6. Goods may be returned only with such changes as were necessary in order to inspect the goods.

9.7. The withdrawal period for a contract concluded in the Online Store expires after 14 days from the day on which the Buyer or a person specified by the Buyer, other than the carrier, receives the ordered goods.

9.8. If the Buyer ordered more than one item in a single order and the goods are delivered separately, the withdrawal period is calculated from the day on which the Buyer or a person specified by the Buyer, other than the carrier, receives the last item.

9.9. If the goods are delivered in different batches or parts, the withdrawal period is calculated from the day on which the Buyer or a person specified by the Buyer, other than the carrier, receives the last batch or part.

9.10. In the event of disagreements regarding the condition of returned goods, the Seller has the right to contact the State Consumer Rights Protection Authority so that it may carry out an expert examination of the goods. The costs of the expert examination are paid by the party at fault.

9.11. The Buyer must send or hand over the goods, gifts supplied with the goods and any additional values granted due to the purchase, if they are returnable, to the Seller or another person authorised by the Seller without delay and no later than within 14 days from the date of submitting the notice of withdrawal to the Seller.

9.12. The direct costs of returning the goods to the Seller are paid by the Buyer, except in cases where the goods are returned due to the Seller’s fault or where otherwise provided by law.

9.13. The Seller must return to the Buyer all amounts paid for the goods no later than within 14 days from the day on which the Seller received the Buyer’s notice of withdrawal from the purchase–sale agreement.

9.14. The Seller has the right not to refund the amounts paid by the Buyer until the goods have been returned and inspected by the Seller.

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

9.16. If the Buyer returns only part of the goods included in the purchase document, the part of the delivery fee refunded to the Buyer is calculated proportionally according to the value of the returned goods in the total value of the purchase document.

9.17. When the Buyer returns goods outside the Seller’s commercial premises, the money is always refunded by bank transfer.

9.18. When goods are returned at the Seller’s commercial premises, the money may be refunded by bank transfer or in cash.

9.19. When the Buyer exercises the right to withdraw from the purchase–sale agreement, the Parties’ obligations to perform the purchase–sale agreement expire.

9.20. When the Buyer exercises the right to withdraw from the purchase–sale agreement, additional agreements are automatically terminated.

9.21. Additional agreements are agreements under which the Buyer purchases goods or services related to the purchase–sale agreement, and those goods are supplied or services are provided by the Seller or another person under an agreement with the Seller.

9.22. The Buyer must immediately notify the other party to the agreement in writing about the termination of the additional agreement and provide data on the withdrawal from the purchase–sale agreement.

9.23. A separate notice from the Buyer is not required in cases where the additional agreement was concluded with the same Seller who was notified about the withdrawal from the agreement under Article 6.22810 of the Civil Code of the Republic of Lithuania.

10. Liability

10.1. The Buyer is responsible for actions performed while using the Online Store.

10.2. The Buyer is responsible for the correctness of the data provided in the registration form or during the purchase.

10.3. The Seller is not responsible for consequences arising from incorrect data provided by the Buyer.

10.4. The Buyer is responsible for ensuring that their login details are not transferred to third parties.

10.5. If a third party uses the services of the Online Store by logging in with the Buyer’s login details, the Seller considers this person to be the Buyer, except in cases where the Buyer has informed the Seller about the loss of their login details.

10.6. The Seller is released from any liability in cases where the Buyer, despite the Seller’s recommendations and their own obligations, did not read these Terms and the Privacy Policy applied by the Seller, although the Buyer was given the opportunity to do so.

10.7. In cases where the Online Store contains links to third-party websites, the Seller is not responsible for the correctness of the information provided on those websites.

10.8. The Seller is not and cannot be considered responsible for the content provided on third-party websites.

11. Final Provisions

11.1. The Seller reserves the right to suspend, supplement or amend these Terms and other documents related to the Terms by informing the Buyer in the Online Store.

11.2. Supplements or amendments to the Terms come into force from the date of their publication, i.e. from the day they are posted in the Online Store.

11.3. If the Buyer does not agree with the new version of the Terms, partial supplements or amendments, the Buyer has the right to refuse them; however, in such case the Buyer loses the right to use the services of the Online Store.

11.4. If, after changes to the Terms, the Buyer continues to use the services provided by the Online Store, it is considered that the Buyer agrees with the new version of the Terms, partial changes or supplements.

11.5. All disputes regarding the implementation of these Terms are resolved through negotiations.

11.6. If no agreement is reached within 30 days, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

11.7. These Terms are governed by the law of the Republic of Lithuania.