Terms of Service
Last updated: January 05, 2025
§ 1: Scope of application
(1) The present Terms and Conditions (T&Cs) are applicable to all business dealings and contracts between the
Seller and the Customer concluding sales contract via the website https://bategra.com/.
(2) The Seller reserves the right to change the Products or the present T&Cs at any time without prior notice
except for the display of a notification on the Website. The T&Cs shall apply as displayed on the Website of the
time of conclusion of a Sales Contract. Conclusion of the Sales Contract via the Website correlates with the
Customer’s acceptance of the present T&Cs as an integral part of the Sales Contract.
§ 2: Definitions
Capitalized terms used in these T&Cs shall have the following meanings, unless otherwise expressly stated
elsewhere:
Customer Any (1) natural person, who have reached the age of majority, whose capacity is not
limited by court order; or (2) legal entity; or (3) authorized representative of any the above
persons, who uses the Website in connection with reviewing and/or purchasing the
Products.
The Customer in the sense of the following T&Cs can be either a ‘businessman’ or a
‘consumer’. The term ‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of his/its
independent professional or commercial activity. A ‘consumer’ refers to a natural person
who concludes a legal transaction which, to an overwhelming extent, cannot be attributed
to either his commercial or independent professional activities. When explicitly indicated,
some T&Cs are applicable to the Customers who are ‘consumers’.
Guarantee Guarantee declaration made by the Seller and/or manufacturer, shaping the rights and
obligations in the case of discovering faults in the Products.
Products Movables offered for sale on the Website, including the associated computer software,
which are intended for the construction of photovoltaic panel mounting systems or
photovoltaic installations.
Sales Contract Sales agreement, concluded through the Website, under which the Seller undertakes to
transfer ownership of the Products to the Customer and to deliver the Products and the
Customer undertakes to collect the Products and pay the Seller the price as well as costs
of transporting, when applicable.
Seller UAB Dirita.
T&Cs This document stipulating the rights and obligations of both the Seller and the Customer,
specifying the manner of concluding Sales Contracts as well as their content, among
others.
User Account A collection of data relating to the specific Customer after successful completion of
registration on the Website.
Website A set of web pages belonging to the Seller and administrated by it, accessible
at https://bategra.com/, allowing Customers to become familiar with the Products
marketed by the Seller and with its product range, as well as allowing for selecting the
Products for order and concluding the Sales Contract between the Seller and the
Customer.
§ 3: Using the Website
(1) The use of the Website including buying the Products does not require to create the User Account, it is
voluntarily activity of the Customer for more convenient track of all Sales Contracts and can be done as described
in § 4.
(2) Access to the Website is permitted on a temporary basis and the Seller reserves the right to withdraw or
amend the Website without notice. The Seller will not be liable or responsible if for any reason the Website is
unavailable at any time or for any period.
(3) The Customer may occasionally print individual webpages on the Website for private non-commercial use,
provided that such printing is not substantial or systematic and copyright notices are not removed.
(4) Unless otherwise stated in these T&Cs, the Customer must not (whether directly or indirectly): (a) distribute,
transmit, sell or offer to sell or otherwise make available all or any part of the Website or any content, files, feeds or
data from the Website, whether publicly available or not; (b) copy, download, or store any content, files, feeds or
data from the Website, whether publicly available or not, to make or populate a database or publication of any kind
whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part
of any such material.
(5) The Customer should be aware that content and resources may be removed from the Website with or without
notice at any time and the Seller accepts no responsibility or liability for any reliance by the Customer on the
continued availability of any content or resources on the Website.
§ 4: User Account
(1) To create the User Account, the Customer must provide the requested information and the necessary
verification – in particular with regard to the Customer’s commercial or freelance activities (in case of a
businessman). The Customer undertakes to provide accurate and complete information and to update the
information independently in the event of any changes.
(2) The Customer’s application is checked and approved after a positive evaluation by the Seller. Should the
Customer not receive communication from the Seller regarding notification/activation, the Customer can get in
contact with the Seller by email info@bategra.com.
(3) During the registration process, the Customer receives an e-mail with a link to the login page with their user
name and must set their own password when using the User Account for the first time (hereinafter referred to as
access data).
(4) The Customer is personally responsible for keeping their access data confidential and protecting it against
access by unauthorised persons. The loss of a password or the improper use of an account should be reported
immediately. The Customer undertakes to obligate their employees accordingly. The Customer is principally
responsible for the actions carried out in the User Account, in particular for orders.
(5) By creating the User Account the Customer also agrees that correspondence with the Seller can be conducted
via the e-mail address specified in the application. The Customer will ensure the availability of the specified e-mail
address.
(6) If the Customer breaches one of the above-mentioned obligations, the Seller entitled but not obliged to
request that the Customer complies with their contractual obligations or to supplement or correct their data. The
Seller is also entitled but not obliged to block the User Account – depending on the severity of the breach –
whereby this power may not be exerted unreasonably.
§ 5: Conclusion of the Sales Contract
(1) The Products presented on the Website are not binding sales offers on the Seller’s part.
(2) The Customer can make a binding purchase offer (order) via the online shopping cart system on the Website.
In doing so, the Products intended for purchase are stored in the “shopping cart”. The Customer can use the
corresponding button in the navigation bar to call up the “shopping cart”” and make changes there at any time.
After clicking the button “Checkout” or “Proceed to order” (or similar designation) and entering the personal data as
well as the payment and shipping terms, the order data will finally be displayed to the Customer as an order
overview.
(3) Before submitting the order, the Customer have the option once more to review or change (the Customer may
also use the “Back” button) any information on the order summary page, or to cancel the purchase.
(4) By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with
obligation to pay” or similar designation) the Customer submits a binding purchase offer to the Seller.
(5) The Customer then receives an automatically-generated email regarding the receipt of the Customer’s order.
This email does not yet lead to the conclusion of the Sales Contract.
(6) The acceptance of the offer (and with it, the conclusion of the Sales Contract) takes place within a period of 2
business days via a textual confirmation (e.g. email) in which the Customer receives confirmation (order
acknowledgement) regarding the execution of the order or the delivery of the products in question.
(7) If the Customer did not receive any corresponding message within this deadline or is informed that the Seller
has declined the order, the Customer is no longer considered to be bound by the order. Under such circumstances,
any services that have already been provided are restored without undue delay.
(8) The execution of the order and the sending of all the details necessitated by the conclusion of the Sales
Contract take place via e-mail, in a partially-automated manner. Consequently, the Customer has to ensure that
his/its e-mail address is the correct one, and that the receipt of the respective e-mails is guaranteed.
§ 6: Prices and payment arrangements
(1) Advance payment is due with order. The Seller returns the advance payment within 1 business day in case the
Seller does not confirm the purchase order as described in § 6 Subparagraph (7).
(2) The prices placed on the Website represent total prices of the Products. They include all the price
components, including all the incidental taxes within European Union.
(3) The dispatch costs that are incurred are not included in the Product price. They can be viewed by clicking the
appropriate button on the Website or in the respective quote, are shown separately over the course of the order
transaction and must additionally be borne by the Customer, insofar as free delivery is not confirmed.
(4) If delivery is made to countries outside of the European Union, the Seller may incur unreasonable additional
costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks). In
such cases those costs must be borne by the Customer.
(5) The Customer must also bear the costs arising from money transfers in cases in which the delivery is made to
an European Union member state, but the payment is initiated outside of the European Union.
(6) The payment methods that are available to the Customer are shown by clicking the appropriate button on the
Website or are disclosed in the respective quote.
(7) Unless otherwise specified for the respective payment methods, the payment claims arising from the Sales
Contract that has been concluded become payable immediately.
(8) The Sales Contract parties mutually declare that e-mails and digital data suffice as a proof of purchase. All
other conditions of these T&Cs shall remain unchanged.
§ 7: Delivery conditions
(1) The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking
the appropriate button on the Website or in the respective quote.
(2) Shipping address: the Customer indicates the shipping address of his/its choice as well as a phone number to
coordinate appointments with the forwarding company when ordering. In the event of the absence of the Customer
(or its representative) upon delivery, the Customer shall contact the forwarding company in order to set another
appointment. The forwarding company reserves the right (in some rare cases) to refuse a second delivery until the
additional transport fees are paid.
(3) Risk is transferred to the Customer as soon as the Product has left the Seller’s factory or shipping warehouse.
This also applies to partial deliveries, subsequent deliveries and further services performed by the Seller,
particularly forwarding charges or delivery to the Customer’s premises.
(4) If the Customer is consumer, the following is statutorily regulated: the risk of the sold Products accidentally
being destroyed or degraded during shipping only passes over to the Customer when the Products in question is
delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if the
Customer has independently commissioned a transport company that has not been specified by the Seller or a
person who has otherwise been appointed to execute the shipping operation.
(5) Delivery time: the Seller informs the Customer upon confirmation of the order of an estimated delivery time.
The Seller shall inform the Customer of any delay in delivery occurring without fault.
§ 8: Right of revocation for consumers within the European Union
(1) In case the Sales Contract is concluded between the Seller and the Customer who is a consumer residing in
the European Union member state, the consumer reserves the right to withdraw from the Sales Contract without
giving reasons within 14 calendar days starting from the day the consumer or a third party appointed by him (not
the forwarding company) receives the purchased Products or, if multiple Products are purchased and shipped
separately, receives the last Product or, if one Products is purchased and split into different elements for shipping,
receives the last element of the purchase. The Consumer suffers no harm in the event of a withdrawal, which
cannot be sanctioned with a penalty.
(2) The Customer must give prior notice to the Seller through the Website of his intention to withdraw from the
Sales Contract. After withdrawing from the Sales Contract, the Customer is responsible for returning the purchased
Product(s) at his own expense and at its own risk to the warehouse of the Seller. The Product(s) must be returned
in their original packaging and in perfect condition, together with the respective bill and delivery note. The
Customer is to be held accountable of any damages and depreciation of the Product(s).
(3) The Customer shall return the goods within 14 days starting on the date the withdrawal from the Sales
Contract was announced and thus effective.
(4) If the Customer returns the Product(s) in their original packaging, in due time, in perfect condition and
unused, the Seller shall reimburse the full purchase price to the Customer within 14 days after reception of the
return delivery.
§ 9: Warranty
(1) The statutory warranty rights are applicable.
(2) Warranty claims are only admissible if the Customer kept the bill and delivery note in the original. The
manufacturer warranty is described in the product Guarantee.
(3) The Customer who is a consumer is requested to promptly check the Product(s) for completeness, visible
defects and transport damage as soon as it is delivered, and promptly disclose complaints to the Seller and the
shipping company in writing. Even if the consumer does not comply with this request, it shall have no effect on the
cunsumer’s legal warranty claims.
§ 10: Force majeure
(1) In the event of force majeure, the Seller shall not be liable for non-performance of the Sales Contract.
(2) Being non-performance of a Sales Contract between the Seller and the Customer (businessman), the Seller
shall not be liable for any damages directly or indirectly deriving from the non-performance, including but not limited
to operating loss, lost profit, other loss, damage or costs.
§ 11: Data protection
The conclusion of the Sales Contract via the Website requires the Customer to share personal data with the Seller
to enable order processing. The Seller reserves the right to use information that was shared by Customers or
visitors of the Website who shared their e-mail address in order to contact them with spontaneous offers or
business information. The Seller commits itself to the non-disclosure of personal data to a third party, legal or
natural person. According to the copyright and author’s rights law currently in force, the Customer reserves the
right to access, correct, delete the personal data he shared with the Seller at any time.
§ 12: Company address
(1) Headquarters of the Seller: Draugystės pr. 13-15, Šiauliai.
(2) This is NOT the contact address of customer service. Please contact the customer service of the Seller:
in the “contact“ section of the Website;
via e-mail: info@bategra.com.
§ 14: Applicable law and competent jurisdiction
The present T&Cs are governed by Lithuanian law. Any dispute relating to the validity, applicability, interpretation,
implementation and/or exclusion of the present T&Cs is governed by Lithuanian law and comes under the
jurisdiction of the city of Vilnius (Lithuania). Legal competence remains unaffected in the event of several
defendants, incidental claims, third-party proceedings and appeal proceedings.
§ 15: Information on online dispute resolution for consumers
(1) The EU Commission’s online dispute resolution platform is available on the Internet at the following
link: https://ec.europa.eu/odr.
(2) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer
arbitration board.