Terms and Conditions
Provisions of Sale-Purchase Contract for the ordered car parts and maintenance materials.
1.1. Executor – JSC “Autobrava Motors”, enterprise code 302792561, headquarters address is Žalgirio g. 112a, 09300 Vilnius.
1.2. Customer – a natural person or legal entity, or enterprise that does not possess the rights of a legal entity, indicated in the order.
1.3. Part – a Part (-s) indicated in the order, corresponding to a functional and/or decorative part (-s) of a car, or/and maintenance material (-s), including car paraphernalia that usually are not considered to be inseparable parts of cars.
1.4. Name of Part – a combination of words (letters), indicating the kind of Part (model, etc.)
1.5. Manufacturer – the supplier of original parts or, in case of parts (for example, tires, some of the maintenance liquids) provided by partners – a manufacturer or authorized wholesaler, residing in any country, that the Executor itself obtains the parts from.
1.6. Order – the total list of Parts chosen to buy by the Customer and their prices, sent to the Executor.
1.7. Order confirmation – an E-mail letter by the Executor, sent to the E-mail address provided by the Customer. This letter is the confirmation of the total list of Parts chosen to buy by the Customer and their prices.
1.8. Part delivery period – the period of time within which the Customer must take the Part. It equals to 2 months after receiving of the verbal or written notice of the Executor about sending of the Part..
Subject of the Sale-Purchase Contract
2.1. The Executor undertakes to transfer the Part to the Customer within the period indicated in this Contract, and the Customer undertakes to accept it and to pay the amount of money indicated in the Order.
2.2. This Contract is valid irrespective of whose recommendation made Customer order the Part and irrespective of who will install this Part into a certain car.
2.3. This Contract does not change or overrule other contracts concluded by the Customer and the Executor, if parties did not agree otherwise in a written form.
Conclusion of the Sale-Purchase Contract
3.1. The Sale-Purchase Contract is concluded by the Customer filling in and sending the order on the Executor’s website. When the Order is sent, the provided data cannot be modified. Conclusion of the Sale-Purchase Contract is confirmed automatically, by sending a message with Order confirmation to the E-mail address provided by the Customer.
3.2. If the person filling in the order is acting on behalf of another person, sending the order of such person means his confirmation that he is duly authorized to make decisions about amount and price or purchase, to conclude this contract, to take the Part.
Part Delivery Period
4.1. The Executor undertakes to deliver the Part to the Customer within 2 working days after payment for the Order, if the ordered part is in stock at the Executor’s warehouse, and within 8 working days after the payment for the Order if the Executor does not have the ordered Part in stock and needs to order it.
4.2. If the Executor does not deliver the Part because it was not sent by the Manufacturer on time, the Part Delivery Period is extended to its receipt from the Manufacturer, without additional agreements, but not longer than 30 days. In such case, upon the request of the Customer, the Executor shall provide the Manufacturer’s confirmation about late sending of the Part.
4.3. If the Executor does not deliver the Part due to the fault of third parties, other than the Manufacturer (for example, due to transportation problems, fault of post office or courier organization), the Part Delivery Period is extended to its receipt from the Manufacturer, without additional agreements, but not longer than 21 days. In such case, upon the request of the Customer, the Executor shall provide the confirmation from the respective third party about late sending of the Part due to fault of such third party.
4.4. The Customer shall accept the Part delivered by the Executor, irrespective of these circumstances: within delivery period this Part became unnecessary to the Customer, the Customer can get an analogous Part for a lower price, the Customer sold the car that the Part was ordered for or otherwise lost the rights to it, etc. The Customer must also accept the Part in cases when it appears that a different Part to the one ordered is necessary because of incorrect diagnostics of the car failure. The Customer has the right not to accept the Part and to demand refund of the paid advance if the mentioned diagnostics was performed and the Part was recommended by the Executor.
Handover – Acceptance of Part
5.1. The Part is delivered to the Customer through a courier or at the headquarters of the Executor. The method of Part delivery is chosen by the Customer when filling in the order.
5.2. When taking the Part at the headquarters of the Executor, if the Executor did not by additional agreement undertake to install the Part into the car indicated by the Customer, the Customer must take the Part from the Executor within three working days after receiving of the verbal or written notice of the Executor about sending of the Part. If he is not able to do it due to objective reasons, he undertakes to do it within the shortest term possible, but not later than on the last day of the Part Delivery Period.
5.3. When delivering through a courier, the Executor by a verbal or written notice informs the Customer about the sending of the Part and arranges the day when the Part may be delivered through a courier to the address indicated by the Customer. If the ordered Part is of large dimensions or weight, the Executor has the right to change the delivery price by arranging it with the Customer. If the courier on the arranged date does not find the person that had confirmed the Order at the indicated address of the Customer, the ordered Part is returned to the Executor and the Customer can take it at the headquarters of the Executor not later than on the last day of the Part Delivery Period and shall have to pay for the damages encountered by the Executor due to the courier returning of the Part to the Executor.
5.4. The Part is transferred to the person indicated in the Order, when the following documents are presented:
Natural person shall present: (a) order confirmation; (b) power of attorney, confirmed by a Notary Public (if the Part is taken not by the person indicated in the Order); (c) document confirming the identity of the person;
A representative of a Legal Entity shall present: (a) order confirmation; (b) power of attorney (head of the Legal Entity shall provide the document confirming the appointment to head), (c) document confirming the identity of the person.
5.5. If the Customer does not take the Part on time, he shall pay a fine to the Executor, 0.5 LTL for every delayed day.
5.6. If, according to a separate agreement between the Customer and the Executor, the Executor undertakes to install the Part into the car indicated by the Customer, the Executor does not have to transfer or show the Part to the Customer prior to installation of the Part. In such case the Executor is entitled to unpack the Part and to install it into the car, to dismantle the Part if necessary, to carry out the necessary testing of the operation of the Part. Upon the request of the Customer the Executor undertakes to transfer the package of the Part to him, as well as contained instruction manuals-descriptions.
5.7. The Part is transferred to the ownership of the Customer, formalizing it by an invoice, at the moment of the Part handover or upon returning of the car with the Part installed.
Warranties and Claim Handling
6.1. If, according to a separate agreement between the Customer and the Executor, the Executor undertakes to install the Part into the car indicated by the Customer, the issues concerning the warranty of quality of the Part are regulated by a respective contract regarding the repair services of that car.
6.2. The warranty of quality of 24 (twenty four) months is given by the Executor to the Part that the Executor did not undertake to install into a car indicated by the Customer. The Customer is entitled to submit claims regarding visible externally established defects within 24 hours after the receipt of the Part.
6.3. Warranty period and the Executor’s liability does not include:
a) failures or defects occurring not due to a fault of the Executor (for example, due to incorrect maintenance or car accidents; due to incorrect installation of the Part when it was carried out not by the Executor; etc.);
b) non-original or/and not new Part that the Executor provided upon the consent of the Customer;
c) other cases, discussed in the order signed by the parties.
6.4. The Executor does not warrant and is not responsible for a Part that is an object of increased wear and tear because of its functional purpose (for example, tires, glass, chocks, etc.) and have become unusable or partly usable due to intense usage.
6.5. When handling reasonable claims by the Customer regarding the quality of the Part, the Executor is entitled to first of all replace the Part with an analogous part of good quality within the period arranged by the parties, or to eliminate the defects at its own expense and by its own means.
6.6. The Part purchased at the E-store can be returned within 2 weeks after the day of purchase. Solely unused and clean spare parts in original undamaged packages can be returned. A purchase document (invoice received upon purchasing) must be provided when returning the Part. When the Part is returned, full amount paid for it can be returned or the unsuitable part can be replaced by the necessary part (covering the price difference).
Price and Payment Conditions
7.1. The price of the Part is indicated on the Executor’s website. The price of the Part is tentative and can be decreased or increased at the discretion of the Executor under objective circumstances (change of customs, excise duties or other respective duties, currency rates, etc.), but not by more than 20 per cent.
7.2. The buyer pays for items by one of the following methods:
7.2.1. Payment through online banking – it is advance payment through online banking system used by the Customer. Paying for items in this way, a payment is generated in the online banking system according to the order paid for. The Customer transfers the money to the account of the Executor. In this case a respective bank is responsible for data protection, because all monetary operations are performed in the online banking system of the bank;
7.2.2. Payment through credit card service system – it is advance payment through credit card service system PayPal. In this case the PayPal company (Europe) S. à.r.l. & Cie, S.C.A., administrating credit card service systems, is responsible for data protection;
7.2.3. Payment through payment system PayPal. In this case the PayPal company (Europe) S. à.r.l. & Cie, S.C.A., administrating credit card service systems, is responsible for data protection;
7.2.4. Payment by bank transfer – it is advance payment when the Customer transfers money to the bank account of the Executor. The Customer has to indicate the Order number in the “Details of payment” box.
7.3. When paying using the payment methods described in Clauses 7.2.1., 7.2.2. and 7.2.3., the Customer undertakes to pay instantly. In these cases the parcel of items is started to be formed and the delivery period starts as soon as the payment for items is received.
7.4. When using the payment method described in Clause 7.2.4., the Customer undertakes to pay within 3 (three) days after receipt of the confirmation of the concluded contract. If the Customer does not pay within the indicated period, the Executor is entitled to cancel the Customer’s order without prior notice.
7.5. If the Executor and the Customer have concluded a respective long-term contract, payments are made in accordance with the provisions of that contract.
8.1. The Executor is entitled to terminate this contract or to refuse to provide the Part if it occurs that this Part cannot be provided by the Manufacturer on time or cannot be provided at all. In such case the Executor has to refund the payment made for the Part, but is not responsible for failure to provide the Part.
8.2. This contract can be modified or complemented by written consent of the parties.