Terms and Conditions

Car parts, accessories and consumables purchase contract terms and conditions.

1. Definitions
1.1. Contractor – JSC "Krasta Auto", company code: 121981098, office address: Ozo g. 10A, 08200, Vilnius.
1.2. Customer – an individual or a legal person or a company without a legal person status, indicated in the order. 
1.3. Goods – car parts specified in the order (car functional and/or decorative and/or consumables, including parts that are usually not considered to be a mandatory integral part of the car) and the car manufacturer accessories (clothing, shoes, souvenirs, etc.). 
1.4. Name of goods – a combination of words (letters) used to mark the type of the item (model, etc.). 
1.5. Manufacturer – the supplier of the original BMW car parts or accessories. In case of supply of production from the partners of the above mentioned manufacturers (i.e. tires, or consumables such as technical liquids) – a car part producer in any country of the world and/or his entrusted wholesale dealer from whom the Contractor buys the parts. 
1.6. Purchase order – a list of goods chosen by the Customer and their final price-list that is sent to the Contractor. 
1.7. Order confirmation - an email sent from the Contractor to the e-mail address specified by the Customer in his order, by which the Contractor confirms the list and prices of the goods chosen by the Customer. 
1.8. Goods delivery terms - the term for the Customer to claim his goods is equal to 2 (two) months since the Contractor has informed (verbally or in written) the Customer that his goods has arrived at the Contractor‘s disposition. 

2. Purchase contract subject
2.1. The Contractor undertakes to provide the Customer with the goods according to the terms and conditions of this contract and the Customer undertakes to accept the goods and pay the cost, indicated in the purchase order. 
2.2. This contracted applies without regard to whose recommendation the Customer orders the goods and regardless of who will install the goods into any car. 
2.3. This contract does not change/amend/cancel any other agreements between the Contractor and the customer, unless both parties agree otherwise in written. 

3. Becoming a party in the purchase contract
3.1. A Purchase contract is concluded after the Customer fills in and sends the purchase order to the Contractor by the use of his webpage. After the purchase order has been sent, the data it contains cannot be amended. The purchase contract conclusion is confirmed automatically, by sending a confirmation letter to the email that the Customer specified. 
3.2. If the person filling out the purchase order is doing so in any other person‘s name, the purchase order sending confirms, that he is properly entrusted and granted enough legal power to decide on the matters of quantity and price of the goods and is properly empowered to enter this contract and claim the goods. 

4. Goods delivery terms
4.1. The Contractor undertakes to present the Customer with his chosen goods during the term of 2 (two) working days from the day the purchase has been paid for, if the goods are currently at the Contractors storage facility. In case the ordered goods are not in the Contractor‘s disposition and he needs to order them himself, the term is prolonged to 8 (eight) working days. 
4.2. If the Contractor fails to deliver the goods on time, due to the Manufacturers failure to send the goods to him on time, the goods delivery terms are prolonged without any additional agreements, until the Contractor obtains them. This term, however, can not exceed 30 days. In such a case, the Contractor is obliged to provide proof of the Manufacturers failure to provide the goods, upon the Customer‘s asking. 
4.3. If the Contractor fails to deliver the goods on time, due to third-party failure excluding the Manufacturer (i.e.: transportation, post or courier company failure), the goods delivery terms are prolonged without any additional agreements, until the Contractor obtains them This term, however, can not exceed 21 days. In such a case, the Contractor is obliged to provide proof of the third party failure to provide the goods, upon the Customer‘s asking. 
4.4. The Customer is obliged to accept the goods provided by the Contractor, regardless if the goods became unnecessary to the Contractor, if the Contractor can obtain the same or similar goods for a lower price, if the Customer has sold, or lost whatever rights he had for the car, for which the goods were initially intended, etc. The Customer is obliged to accept the goods in cases when it becomes clear, that because of the inappropriate car fault diagnostics, the goods that he ordered are not needed to repair the car. The Customer has the right not to accept the goods and claim the paid advance payment if the diagnostics were carried out and the goods were recommended by the Contractor. 

5. Acceptance of goods
5.1. Goods are delivered to the Customer by courier services or handed out in the Contractor‘s office. The customer decides which delivery type he prefers while filling out the purchase order. 
5.2. The Customer is obliged to claim the goods he ordered from the Contractor‘s office in 3 (three) working days’ time after the Contractor has informed him, that the goods are in his position (verbally or in written). This does not apply if the Customer and the Contractor have agreed that the Contractor will install the arrived parts in the car specified by the Customer. If there are any objective reasons why the Customer can not claim his goods in the above mentioned term, he accepts them as soon as possible, but not later than the last goods delivery term day. If the Customer did not acquire the Contractor‘s message, he is obliged to claim his goods until the last goods delivery term day. 
5.3. In case of courier delivery, the Contractor informs the Customer verbally or in written, regarding the delivery of goods and they agree on the day, time and place of courier delivery. If the goods are exceptionally large or heavy, the Contractor has the right to change the price of delivery if he acquires the Customer‘s consent. If the courier fails to deliver the goods due to the Customer being absent on the specified date, time and in the specified place, the Customer is obliged to claim his goods in the Contractor‘s office until the last day of the goods delivery term and is obliged to compensate the Contractor‘s financial losses due to charges for the courier delivery of the goods back to the Contractor. 
5.4. The goods are handed out to the person specified in the purchase order, who has the following: (a) order confirmation; (b) notarized power of attorney (if the goods are being claimed by the person unspecified in the purchase order; (c) personal identification document. In case of a legal person representative, he must have the following: a) order confirmation, (b) power of attorney (if the head of the company claims the goods, he must have a document confirming his appointment as the head of the company); (c) personal identification document. 
5.5. If the Customer does not claim his goods in time, he is obliged to pay a fine of 1 EUR per day to the Contractor. 
5.6. If the Customer and Contractor have signed a separate agreement, according to which, the Contractor is obliged to install the ordered item in the Customer‘s car, the Contractor is not obliged to show or display the goods to the Customer before installation. The Contractor has the right to open the package and install the goods in the customer‘s car, dispatch parts of the goods if such a need arises and test the goods functionality. The Contractor is obliged to hand over the goods packages and the instructions/specifications contained in them, to the Customer if he asks to do so. 
5.7. The Goods are considered to be the Customers property from the time they, or the car they are installed in are handed over and an invoice is signed. 

6. Warranties and claims
6.1. If the Customer and the Contractor have a separate agreement (contract), according to which, the Contractor is obliged to install the goods in the car, specified by the Customer, the goods guarantee issues are governed by the specified car repair agreement (contract). 
6.2. The goods, which should not be installed by the Contractor, are subjects to 24 (twenty four) month quality guarantee. Claims regarding the obvious, easily detectable and seen defects, are accepted within 24 (twenty four) hours from the moment the goods were delivered. 
6.3. The guarantee period and the Contractor‘s liability do not cover: a) faults or any defects, that have appeared and/or happened without any fault of the Contractor (i.e. faults caused by wrong car use and car crashes; improper installation works carried out by third party car shops, etc.); b) non-original and/or used goods, that the Customer knowingly accepted from the Contractor; c) other cases, stated in separate agreements of the parties. 
6.4. The Contractor does not take responsibility for and does not guarantee any quality of the goods that are expendables by default (i.e. tires, window shields, brake pads, etc.) and became fully or partially unusable due to intensive use. 
6.5. The Contractor retains the right to change the faulty goods with similar quality goods or to repair the goods for free as a primary action while taking a decision regarding the Customer‘s claims due to the goods quality. 
6.6. The Customer may withdraw from the agreement without stating the reason therefor and without incurring any expenses whatsoever (except for the costs in connection with sending the Item back to the seller, unless agreed otherwise) within a time limit of 14 (fourteen) days from the day the goods were received. The Customer must dispatch or transfer the Goods to the Contractor or another person authorised by it in the agreed manner without delay, but not later than within 14 (fourteen) days from the submission of the notice on the withdrawal from the agreement to the Contractor. When the Goods have been returned, not later than within 14 (fourteen) days from the withdrawal from the agreement the Contractor shall return all amounts paid by the Customer in the established manner or the faulty Goods may be replaced with fit ones (covering the price difference). The Customer bears all direct costs in connection with having the Goods returned, except for the cases where the Contractor assumes such expenses under the agreement. Only unused and unstained Goods in their original packaging may be returned. A purchase document (an invoice received upon purchase) has to be provided when returning the Goods.

7. Price and payment arrangements
7.1. The price of the Goods shall be indicated on the Contractor’s website. The price of the Goods shall be provisional and under certain objective circumstances (such as changes of applicable customs duties, excise duties and other respective tax rates, changes of the currency exchanges rates, etc.) it may be reduced or increased by the Contractor’s discretion, but not more than in 20%.
7.2. The Client shall pay for the Goods by one of the following methods:
7.2.1. By transferring the funds through the electronic banking system – this is an advance payment through the electronic banking system used by the Customer. In order to use this form of payment, the Customer should have an electronic banking agreement signed with one of the below-indicated banks: AB bankas Swedbank; AB SEB bankas. Where the payment for the goods is made using this method, the Customer’s electronic banking system shall generate the payment according to the order to be paid up. The Customer shall transfer the funds to the Contractor’s account. The liability for data security shall be borne by the respective bank, as all monetary transactions shall be carried out in the bank’s electronic banking system;
7.2.2. Payment by a bank payment card – this is an advance payment made while ordering the goods using the Customer’s bank debit or credit card. The Customer’s payment card data shall be entered directly to the secure bank server, therefore the liability for data security shall be borne by the Contractor’s servicing bank and the bank which has issued the card;
7.2.3. Payment through the PayPal system – this is an advance payment made using PayPal credit card service system. In this case the liability for data security shall be borne by the company administrating the credit card service systems PayPal (Europe) S.à.r.l & Cie, S.C.A.;
7.2.4. Payment by a bank transfer – this is an advance payment made by the Customer by transferring the funds to the Contractor’s bank account No. LT327044060001087571 with the bank AB bankas "SEB". The Customer should indicate the Order’s number as the payment purpose;
7.2.5. Payment by cash or by bank payment card upon the delivery of the goods – this is a payment made to the courier who has delivered the goods.
7.3. Where the payment is made in one of the methods indicated in Clauses 7.2.1.–7.2.3 above, the Customer shall be obliged to make the payment without delay. In the aforementioned cases, the formation of the Goods parcel shall start, and the delivery time limit shall commence only upon the receipt of the payment for the Goods.
7.4. Where the payment is made by the method indicated in Clause 7.2.4, the Customer undertakes to pay within 3 (three) days after the receipt of the confirmation of the entry into the contract. If the Customer does not make the payment within the aforementioned time limit, the Contractor shall have the right to cancel the Order without giving advance notice to the Customer.
7.5. The method of payment indicated in Clause 7.2.5 may be used for the settlement of accounts only where the courier offers the respective service. 
7.6. If the Customer and the Contractor have other, appropriate long-term contracts, the payments are being sent according to those contracts. 

8. Privacy policy
8.1. The Contractor shall ensure the Customer's privacy and the adequate protection of personal data (including the rights of data subjects) in accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and the Council (hereinafter - the Regulation) and other legislation regulating the personal data protection.
8.2. The customer confirms that they are familiar with the privacy policy of the online store and are informed how the Contractor processes the personal data provided directly and/or indirectly by the Customer when visiting the Contractor's online store and/or when placing orders for Goods.

9. Contract termination 
9.1. The Contractor has the right to terminate this contract or to refuse to provide the goods if it becomes clear that the Manufacturer does not have the possibility to provide the goods or to provide the goods on time. In such case, the Contractor is obliged to return the Customer the money he paid for the goods, but holds no responsibility for not providing the goods. 
9.2. This contract can be changed and amended according to the written agreements of both parties.

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