1. Validity
1. For any business relationship between UAB Totem Technology (further Totem) and the customer starting from 2018-04-01 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
2. The customer recognizes the exclusive validity of Totem’s General Terms and Conditions for the entire business relationship. Totem will not recognize any different conditions of the customer unless the management of Totem has expressly agreed in writing to their validity. If the customer enters into a business relationship with Totem by using the website, he/she recognizes the General Terms and Conditions as the basis for the entire business relationship between the customer and Totem.
2. Closure of purchase contract and cancellation
1. The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalog without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket.
2. You have the possibility of making the purchase contract in English. The ordering and transaction language is also English.
3. If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
4. Totem reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
5. All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case, you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday and Sunday not being considered a business day) of or set against other products.
6. Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.
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CANCELLATION POLICY
Cancellation rights
You have the right to cancel this contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.
This cancellation rights must be exercised by informing us:
| UAB Totem Technology Sauletekio av. 15-709, LT-10224, Vilnius, Lithuania | or |
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by means of an unequivocal declaration (e.g. by a letter sent by post, e-mail) of your decision to cancel this contract. To observe the cancellation period, it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within 14 (fourteen) days from the day on which notice of your cancellation of this contract was received by us.
For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you informed us of the cancellation of this contract, to:
UAB Totem Technology
Sauletekio av. 15-709,
LT-10224, Vilnius, Lithuania
The time limit is observed if you dispatch the goods before the end of the fourteen day period.
The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.
You bear the direct costs of the return of goods.
The place of delivery for company business is our company location.
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3. Delivery
1. Most of our orders are shipped within 2 business days from the purchase. Please allow 2-14 business days for your package to arrive.
2. Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
3. Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.
4. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
5. The customer takes over the risk once he/she takes possession of the item.
6. Delivery and service delays due to Force Majeure are not the responsibility of Totem. Such events give Totem the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Force Majeure include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Totem or distributors of Totem.
7. In the case of effects of Force Majeure which will cause a delay of a delivery, we will of course inform the customer without delay.
8. Deliveries are made worldwide, although for certain countries more information than standard is needed. In this case we will contact the customer by the e-mail provided.
4. Payments and late payment
1. All product prices shown at Totem for customers from EU countries are gross prices, include the current rate of VAT (21 percent).
New Value-Added Tax (VAT) rules for online shopping enter into force from July 1st 2021. That means that e-shops charge the VAT rate of the EU country where the customer lives. Thus the price in the checkout will change according to the customers countries VAT (more information here).
2. Customers from non EU countries order at Totem minus VAT. The VAT will be deducted from a product price in a checkout. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of Totem. Any customs duties that may arise have to be paid by the customer.
3. Settlement is made in Euro. In case you’re paying with a different currency, additional cost may be incurred.
4. The retail price is payable upon placement of an order.
5. The customer can pay the purchase price by credit card (for your security we use Braintree – a Pay Pal service) and Pay Pal. The customer has the possibility at all times of requesting the Totem to follow up his/her order.
5. Invoke a withholding right after notification of defects
1. A right to withhold may be invoked by the customer only when his complaints have been recognized legally or by Totem. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
6. Proprietary rights
1. All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Totem.
7. Guarantee
1. The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.
2. Claims against Totem which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a other than Totem manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
3. The guarantee is not valid in following: a.) Against normal depreciation caused by use of a product; b.) Repairs will not be provided for parts damages arising from man-made reasons, including but not limited to falling, crash, tear, soaking and improper strength; c.) Repairs will not be provided for consumables, including but not limited to screw and battery; d.) Repairs will not be provided for damages arising from miss operation, including operation not under the manual; e.) 4. Repairs will not be provided for damages other than natural damages in the opinion of Totem.
4. Should a defect in a purchased item be the responsibility of Totem, then Totem is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Totem is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Totem or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
5. If a guarantee claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Totem will bill the customer for any expenses incurred.
6. Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
8. Disclaimer
1. Claims by the customer other than the guarantee claims laid down in paragraph 7, especially damages claims, are excluded, in as far as this is legally permissible. Thus Totem accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Totem is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
2. The liability limitation defined in paragraph 8 sec.1 does not apply in as far as the damage/harm is the result of intentional or gross negligence or personal injury has occurred.
3. Totem accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
9. Links and references
1. The links to outside pages made by Totem are only signposts to these sites; therefore, they are presented in specific browser windows by means of external links. Totem does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
10. Information obligations
1. On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Totem of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Totem may withdraw from the contract, in as far as such a contract has been made.
11. Idea submission policy
1. By making any suggestions for Totem (by email, social networks or in www.totemmaker.net), you agree that: (1) your submissions and their contents will automatically become the property of Totem, without any compensation to you; (2) Totem may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Totem to review the submission; and (4) there is no obligation to keep any submissions confidential.
12. Applicable law and jurisdiction
1. Lithuanian law applies.
13. Data protection
1. All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our Privacy Policy.
14. Severability clause
1. Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
Latest update: 07-10-2019
Do you still have questions? Contact our customer services at support@totemmaker.net