Terms of service
1. GENERAL PROVISIONS
1.1. These terms and conditions for the purchase and sale of goods, together with the other documents referred to in these terms and conditions (hereinafter referred to as the Terms and Conditions), are a legal document that is binding on the Parties and establishes the rights, obligations and liability of the Buyer and the Seller when the Buyer purchases Products from the www.gydantysnamai.lt electronic store (hereinafter referred to as the eShop). In accordance with the procedure established in these Terms and Conditions, the Seller undertakes to transfer the Products to the Buyer, and the Buyer undertakes to accept the ordered Products and pay for them in accordance with the procedure provided for in the Terms and Conditions.
1.2. By using the eShop and ordering the Products therein, as well as by creating an Account, you confirm that you have read these Terms and Conditions and the rights and obligations of the Buyer established therein, and agree to adhere to them unconditionally and irrevocably. If a Buyer does not agree to assume and adhere to all of the obligations set forth in these Terms and Conditions, said Buyer shall not have the right to use the eShop or register an Account and purchase Products therein.
1.3. Capitalised terms used in these Terms and Conditions shall have the following meanings:
- Terms and Conditions – the Terms and Conditions set out in this eShop are a legal document that is binding on the Parties and establishes the terms and conditions for the use of the eShop and the purchase and sale of the Products therein, as well as the rights, obligations and liability of the Parties for violation of these Terms and Conditions.
- Products – items that are offered for purchase or that are sold to the Buyer via the eShop administered by the Seller.
- Seller – the entity selling the Products and administering and maintaining the eShop, MB „Gydanti lėkštė“, legal entity code 305558058, store address Kalno g. 13, Slikiai, LT-58147 Kėdainių r., Lithuania. Data about the Seller are collected and stored in the Register of Legal Entities, Registrar State Enterprise Centre of Registers. Seller’s VAT identification number – LT100014905119. More information about the Seller is provided on the eShop in the About Us and Contacts sections.
- Buyer – a natural person who uses the eShop and acquires Products therein for purposes not related to his or her business, trade, craft or profession (for consumption purposes).
- Account – the result of the Buyer’s registration with the eShop, which creates a personal account for the Buyer that stores his or her Personal Data and order history.
- Personal Data – any information collected by the Seller about the Buyer or representative thereof (natural person) as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Parties – the Seller and the Buyer.
1.4. The purchase and sale agreement for the purchase of a specific Product shall be deemed concluded from the moment that the Buyer, after filling the shopping cart on the eShop and specifying a delivery address, or logging into his or her Account, selecting a payment method and confirming that he or she has read these Terms and Conditions, confirms the Product order and pays for it in accordance with the procedure provided for in these Terms and Conditions.
1.6. These Terms and Conditions have been prepared in accordance with the Republic of Lithuania Civil Code (Official Gazette, 2000, No 74-2262), the Republic of Lithuania Law on Consumer Protection (Official Gazette, 1994, No 94-1833; 2000, No 85-2581; 2007, No 12-488), the Retail Trade Rules approved by Resolution No 697 of 11 June 2001 of the Government of the Republic of Lithuania ‘On the Approval of the Retail Trade Rules’ (Official Gazette, 2001, No 51-1778; Register of Legal Acts, 28-Jul-2014, No 2014-10565), and other legislation of the Republic of Lithuania as well as established good business practice for the purchase and sale of goods. If any provision of these Terms and Conditions contradicts the legislation of the Republic of Lithuania or becomes invalid in whole or in part for any reason, it shall not invalidate the remaining provisions of the Terms and Conditions.
1.7. The Seller reserves the right to change, amend or supplement these Terms and Conditions at any time. Buyers shall be informed about changes to the Terms and Conditions via the eShop. Changes to the Terms and Conditions shall take effect after their publication on the eShop. When placing an order on the eShop, the Buyer shall be subject to the version of the Terms and Conditions in force at the moment the Product order is confirmed.
2. PRODUCTS, THEIR PRICE, AND THE PROCEDURE FOR PAYMENT AND DELIVERY
2.1. All information about a Product, its price and the manufacturer’s warranty period applicable to the Product, if any, is specified in the Product description provided in the eShop. The photographs of the Products presented in the eShop are for illustrative purposes only and the colours, inscriptions, parameters, dimensions, sizes, functions, packaging and/or any other properties of the Products indicated in them may look different than in reality due to their visual features, so when planning to purchase a Product, the Buyer should in all cases be guided by the information about the Product that is specified in the description of the specific Product offered in the eShop.
2.2. The price of the Product is shown in the eShop in euros and includes the amount of VAT applicable at that time according to legislation and other taxes, if any; any discounts applicable to the price of the Product are also shown.
2.3. The Buyer can pay for the Product when placing the order by choosing one of the following methods:
- using Swed, Seb, Luminor, Citadel, Šiaulių bankas electronic banking services;
- and Visa / MasterCard payment cards;
- other methods specified on the eShop.
2.3.1. Settlements are possible in euro currency. Payments are processed using MakeCommerce.lt and Stripe payment platforms.
2.4. The Seller shall confirm the Product order when the Buyer pays for it by a method specified in item 2.3. of the Terms and Conditions, and shall inform the Buyer about confirmation of the Product order by the e-mail specified in the Buyer’s Account.
2.5. By approving the Terms and Conditions, the Buyer agrees that in exceptional cases, the Seller may refrain from confirming a Product order or cancel a confirmed Product order if, due to a technical error in the eShop’s information systems, the rectification of obvious errors (mistakes), or other objective substantive reasons beyond the control of the Seller (with evidence supporting these reasons), the Product specified in the Product description is not available in the Seller’s warehouses and its delivery from the manufacturer will take a disproportionate amount of time, and/or the said Product is no longer being manufactured, and/or the price of the Product has changed. The Buyer shall immediately be informed about the termination of fulfilment/cancellation of confirmation of a Product order, or about changes in the delivery terms, price or other conditions of a Product, by the e-mail in the Buyer’s Account or specified when ordering the Product. If there are changes in the delivery terms, price or other conditions of a Product, the Seller undertakes to contact the Buyer immediately and agree on the delivery terms and other conditions for the Product. If an order is cancelled in accordance with the procedure provided for in this item, the Seller undertakes to refund the Buyer all amounts paid for the cancelled Product order.
2.6. By approving the Terms and Conditions, the Buyer agrees that the Product purchase documents – the VAT invoice – may be physically issued thereto at the time of delivery of the Product. The VAT invoice shall include the Seller’s company details, the Products selected as well as their quantity and discounts applied, the final Product price, including all taxes, and other necessary data approved by accounting legislation.
2.7. The Product shall be delivered to the Buyer in one of the following ways, selected at the time of placing the Product order:
- parcel locker delivery;
- home delivery.
2.8. The delivery price is specified at the time of placing the Product order.
2.9. If the Buyer selects home delivery when placing the Product order, he or she undertakes to indicate the precise delivery address for the Product. If the Buyer does not personally sign for the Product when it is delivered to the address specified by the Buyer, the Seller has the right to leave the Product with a third party present at the address specified by the Buyer, in which case the Buyer does not have the right to make claims to the Seller regarding delivery of the Product to the wrong person.
2.10. The Seller shall deliver the Products to the Buyer in accordance with the terms specified in the Terms of Delivery section of the eShop. Delivery terms do not apply in cases when the required Products are not available in the Seller’s warehouse and the Buyer has been informed about the shortage of the Products ordered. By approving these Terms and Conditions, the Buyer agrees that in exceptional cases, delivery of the Products may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to immediately contact the Buyer and agree on the delivery terms and other conditions for the Product.
2.11. During handover of the Products to the Buyer, the Buyer, together with the Seller’s representative or courier, must inspect the condition of the package and the Goods and sign the package handover certificate. Once the Buyer signs the package handover certificate, the Goods shall be deemed to have been delivered in good condition, without any damage attributable to non-factory defects, with no discrepancies in the Product composition (such that can be identified during external inspection of the Products). Upon noticing that the Product packaging is damaged (crumpled, wet or otherwise externally damaged) or that the Product is damaged and/or is not properly composed, the Buyer must note this, in the presence of the courier in the Product handover certificate and compose a free-form package and/or Product damage/non-conformity report. If the Buyer fails to perform these actions, the Seller is released from liability for damage to the Products when the cause of such damage is not a factory defect, as well as for discrepancies in the composition of the Products if these discrepancies can be identified during external inspection of the Products.
2.12. The risk of accidental loss or damage to the Products shall be transferred to the Buyer from the moment the Products are transferred to the Buyer.
2.13. If the Buyer has paid for the Products and delivery of the Products and Products cannot be delivered to the Buyer, the Parties shall agree on another delivery time and / or delivery method within 5 working days (in this case, any additional delivery costs (if any) are paid by the Buyer). In case the Seller are not able to contact the Buyer within 5 working days or the Products cannot be delivered to the Buyer again, or the Buyer repeatedly does not collect the Products, the order of Products is automatically cancelled, and the Buyer is refunded the money paid for the Products, after deducting the bank fee for the transfer (if applicable) and the delivery fee for the products (if applicable).
2.14. If the Buyer has not paid for the Products and does not collect the Products within the set deadline or the Products cannot be delivered to the Buyer, the order for the Products is considered automatically cancelled.
3. PRODUCT ORDER AND MOMENT OF CONCLUSION OF THE PURCHASE AND SALE AGREEMENT
3.1. The purchase and sale agreement for the purchase of a specific Product shall be deemed concluded from the moment that the Buyer, after filling the shopping cart on the eShop and specifying a delivery address, or logging into his or her Account, selecting a payment method and confirming that he or she has read these Terms and Conditions, confirms the Product order and pays for it in accordance with the procedure provided for in these Terms and Conditions. If the Buyer fails to pay for the Product order, the Product purchase and sale agreement shall be deemed to have not been concluded.
3.2. By ordering Products and confirming that he or she has read these Terms and Conditions, the Buyer declares that he or she has the right to purchase Products on the eShop in accordance with the procedure provided for in these Terms and Conditions, and confirms that the Personal Data that he or she provided in the Product order are correct.
3.3. The procedure for ordering Products established by the Seller gives the Buyer the opportunity to check and correct errors before submitting the Product order for fulfilment. The Seller recommends that the Buyers carefully check the Product order submitted for fulfilment.
3.4. Once the Buyer submits a Product order for fulfilment and pays for it in accordance with the procedure provided for in item 2.3. of these Terms and Conditions, the Seller shall send the Buyer a confirmation of the fulfilment of the Product order by e-mail and/or SMS, using the address and/or number specified in the Account.
3.5. Once the Seller fulfils the order, the Buyer shall be informed by e-mail and/or SMS, using the address and/or number specified in the Account, about fulfilment or dispatch of the Product order.
3.6. Product orders are registered and stored in the eShop’s database and can be viewed in the Buyer’s Account.
3.7. The Buyer understands that the confirmed orders for the Products are prepared for delivery immediately, therefore the cancellation or any adjustment of the paid orders for the Products is not possible.
3.8. Unpaid orders are cancelled automatically after 24 hours after placing such order if the Buyer does not contact the customer service department and does not agree on the payment for the Products within this time.
3.9. The Seller reserves the right to reject a Product order submitted by the Buyer to the Seller for fulfilment or an individual Product in a multiple Product order if it is unable to sell said Product for the reasons listed below; in this case, it must immediately inform the Buyer thereof by e-mail and telephone or SMS, using the address and/or number specified in the Buyer’s Account, and refund the Buyer the price paid for the Product within 14 (fourteen) calendar days:
- the Product is not available in the Seller’s warehouses or is no longer being sold due to circumstances beyond the Seller’s control;
- due to a technical error in the eShop’s information systems related to the price of the Product shown in the eShop.
4. PRODUCT QUALITY GUARANTEE AND SHELF LIFE
4.1. The Seller guarantees that the Products offered for purchase on the Seller’s eShop are of suitable quality, i.e. they:
- correspond to the Product description provided by the Seller and have the same properties as the product provided by the Seller as an example or model when advertising or offering this Product for purchase on the eShop;
- are fit for the purpose for which products of this type are normally used;
- meet the quality indicators normally associated with products of the same nature and which the Buyer can reasonably expect regarding the specific properties of the item based on the nature of the product and the public statements made by the manufacturer of the item, its representative or the Seller, including advertising and labelling.
4.2. The Seller is not responsible for the fact that in photographs, the Products offered for purchase on the eShop may not correspond in their size, shape, colour or other parameters to the actual size, shape, colour or other parameters of the Products due to the features of the monitor used by the Buyer or other technical reasons. When planning to purchase a Product, the Buyer should in all cases be guided by the information about the Product that is specified in the description of the specific Product offered in the eShop (see Part 2 of the Terms and Conditions for details).
4.3. The quality guarantee provided by the Seller does not limit or restrict the rights that are established for consumers by the legislation of the Republic of Lithuania upon purchasing a good or service of inappropriate quality.
5. RIGHTS AND DUTIES OF THE PARTIES
5.1. The Buyer has the right to use the eShop and purchase the Goods therein in accordance with the procedure established in these Terms and Conditions, as well as to demand from the Seller fulfilment of the obligations assumed by these Terms and Conditions.
5.2. The Buyer, by using the eShop, creating an Account, and purchasing the Products offered in the eShop, confirms that he or she is a capable natural person and/or is legally representing a third party on whose behalf he or she is acting, and undertakes to:
- provide a correct e-mail address, contact telephone number and other contact information necessary to use the eShop as a registered user or to form and submit a Product order for fulfilment. Using other people’s data to register an Account with the eShop is prohibited;
- not violate the obligations set forth in these Terms and Conditions and not abuse the rights of the Buyer set forth in these Terms and Conditions;
- use the eShop lawfully and fairly and not harm its functioning and stable operation, not copy the contents of the eShop, not remove authors or trade marks from any copies of the eShop content, not create an electronic or manually created database based on the content of the eShop, not post the contents of the eShop on other websites, and not change the content in a document downloaded from the eShop;
- not use any automated means and/or additional computer equipment and/or software for reviewing and/or storing data, and not use any means for processing the eShop’s content and/or design and/or Product descriptions and photographs, or for copying, encrypting, reprogramming, moving or directing them in a manner other than that permitted by the functionality of the eShop;
- protect the Buyer’s login details from third parties, except for persons whom the Buyer authorises to represent the Buyer in using the eShop and purchasing Products therein, and inform the Seller immediately if the login details are lost or if they become known to third parties and/or have been unlawfully disclosed, stolen or misused;
- inform the Seller about changes to any of the data provided by the Buyer for eShop registration purposes or update them independently in the Buyer’s eShop Account;
- pay the Seller for the Products and other paid services ordered from the eShop in accordance with the procedure established in these Terms and Conditions;
- inspect the purchased Product and make sure that the Product received is the Product that was ordered by the Buyer before using it, including its assembly, installation, etc. (see item 2.11. of the Terms and Conditions for details);
- comply with other obligations established in these Terms and Conditions and the legislation of the Republic of Lithuania.
5.3. The Seller undertakes to comply with the obligations set forth in these Terms and Conditions, create conditions for the Buyer to use the eShop properly, and make every effort to ensure that the eShop operates without interruption and is always available to the Buyers.
5.5. The Seller has the right, at its own discretion, to temporarily restrict or terminate the Buyer’s use of the eShop and the purchase of Products, including by modifying any information provided by the Buyer in the eShop, deleting the Buyer’s eShop Account, and prohibiting the Buyer from re-registering with the eShop, when:
- the Buyer violates these Terms and Conditions and/or performs any other prohibited actions that are contrary to the legislation of the Republic of Lithuania and/or good morals and ethical norms, or otherwise violate the rights of third parties;
- the Seller needs to perform technical maintenance and/or updates on the eShop;
- by using the eShop, the Buyer may cause (preventively) or do harm to the Seller, its reputation, other Buyers and/or third parties, and/or when it is necessary to protect the rights and legitimate interests of the Seller, other Buyers and/or third parties.
5.6. The Seller has the right, without separate notice to the Buyer, to use third parties to perform any actions related to these Terms and Conditions, and to transfer its rights and obligations arising from these Terms and Conditions to third parties.
6.1. The Seller shall only be liable for the operation of the eShop and disruptions in the provision of services and the resulting damage to the Buyer or third parties if such damage was caused by the Seller’s intentional actions.
6.2. The Buyer is responsible for illegal actions performed using the eShop, including, but not limited to, the correctness of the Personal Data provided thereby when registering an Account and/or ordering Products. The Buyer understands and acknowledges that he or she is responsible for the transfer of his or her data, including Personal Data, to third parties. If the eShop is used by a third party (using the Buyer’s data), the Seller shall consider this person to be the Buyer and all related obligations shall lie with the Buyer.
6.3. The Seller shall not be liable for the non-functioning of the eShop and the non-provision or improper provision of services and/or damage caused to the Buyer if this is due to the fault of third parties or due to circumstances which the Seller could not control, reasonably foresee, or prevent the occurrence or consequences of.