Terms of sale
- GENERAL PROVISIONS
1.1 These rules for the purchase and sale of goods (hereinafter - the Rules ) are a legal document binding on the Parties, which determine the rights and obligations of the Parties when the Buyer purchases Goods from the Seller in the online store www.kvapunata.lt (hereinafter - the E-shop ). In accordance with the procedure set out in these Rules, the Seller undertakes to transfer, and the Buyer undertakes to pay and accept E-mail. Goods ordered in the store.
1.2 Before the registration of the Buyer's Account and E-mail. at the beginning of using the store (the first order), the Buyer must familiarize himself with these Rules and agree to comply with them. If the Buyer does not agree to comply with these Rules, the Buyer's Account will not be registered, and the Buyer will not be able to use E-mail. in the store.
1.3 Capitalized terms in these Rules have the following meanings:
Goods - material items that are offered to the Buyer for purchase through the Seller's administered e-mail. shop.
Seller - the person selling the goods and E-mail. administrating and maintaining the store https://www.kvapunata.lt Email shop
Buyer - a natural or legal person who uses E-mail. in the store and purchases Goods there.
Account - Registration E-mail performed by the Buyer. in the store, the result of which is the creation of the Buyer's personal section E-mail, which protects his personal data, messages and order history. in the store.
Personal data - any information collected by the Seller about the Buyer or his representative (natural person) as defined in 2016. April 27 Clause 1 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data and which repeals Directive 95/46/EC (General Data Protection Regulation).
Parties - Seller and Buyer.
1.4 The purchase-sale contract for the purchase of a specific Product is considered concluded from the moment when E. After selecting the Goods (having created their basket) and indicating the method of their delivery, the Buyer registered in the store confirms the order of the Goods and pays the price of the ordered Goods in accordance with the procedure provided for in these Rules.
1.5 The Seller processes the Buyer's Personal Data in accordance with https://www.kvapunata.lt/privatumo-politika/ approved by the Seller. The personal data protection and privacy policy indicates important provisions of the Rules, therefore the Buyer must read them carefully and be convinced that all provisions of the Privacy Policy are understandable and acceptable to him.
1.6 These Rules are prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on the Protection of Consumer Rights of the Republic of Lithuania, and the Government of the Republic of Lithuania of 2001. June 11 by resolution no. 697 "Regarding the Approval of Retail Trade Rules" approved retail trade rules, in compliance with other legal acts of the Republic of Lithuania, as well as established good business practices for buying and selling goods. If any provision of these Rules contradicts the legal acts of the Republic of Lithuania or becomes invalid in whole or in part for any reason, it does not invalidate the remaining provisions of the Rules.
1.7 The Seller reserves the right to change, amend or supplement these Rules at any time. Buyers are informed about changes in the Rules by e-mail. in the store. Changes to the rules come into force after they are published in E-mail. in the store. When the buyer purchases E-mail in the store, the version of the Rules valid at the time of confirmation of his Product order is applied. The Buyer must act with care and must check the applicable Rules before ordering the Goods.
- GOODS, THEIR PRICE AND PAYMENT AND DELIVERY PROCEDURE
2.1 All information about the Product, its price and additional costs (if any), the manufacturer's warranty period applicable to the Product (if applicable) and other features of the Product are indicated in the Email. in the descriptions of the Goods presented in the store. Pictures of the goods, provided by e-mail. in the store, are only illustrative in nature and the appearance of the Goods indicated in them or the related properties may look different than in reality due to their visual characteristics. When ordering the Product, the Buyer should in all cases follow the Product description specified in the email. in the store.
2.2 Product price Email in the store is indicated in euros, including the amount of VAT and other taxes in force at the time according to the legislation (if applicable), as well as the discount applied to the price of the Product (if applicable).
2.3 Additional discount codes are not valid for products that already have a discount (discounts do not add up).
2.4 The Seller confirms the order of the Product to the e-mail specified in the Buyer's Account. by mail after the Buyer pays the price of the ordered Goods by payment card, electronic banking means, other E-mail in the ways specified in the store and according to the relevant instructions provided at the time of ordering.
2.5 The Buyer, by approving the Rules, agrees that in exceptional cases the Seller may not confirm the Product order or cancel and cancel the confirmed Product order, if due to E. technical errors of the store's information systems, the correction of obvious errors (of a careless nature) or other objective essential reasons beyond the control of the Seller, such as the fact that a specific Product is not in the Seller's warehouses and/or its delivery from the manufacturer will take a disproportionately long time, and/or the specified Product is no longer produced, the price of the Product has changed or costs related to it, whether the Seller has lost the right to sell the Goods. The Buyer is immediately informed about the termination of the execution of the Product order or the cancellation of confirmation, or about the changed delivery term of the Product, its price or other conditions, by the e-mail specified in his Account or at the time of ordering the Product. postal address. If the Product delivery terms, price or other conditions change, the Seller undertakes to immediately contact the Buyer and coordinate the Product delivery terms and other conditions. Upon cancellation of the order in accordance with the procedure provided for in this point, the Seller undertakes to return to the Buyer all amounts paid by him in accordance with such canceled order of the Product.
2.6 The Buyer, by approving the Rules, agrees that the documents for the purchase of the Product - the VAT invoice - will be provided to him only in electronic form, by sending it to the e-mail address of the Buyer specified during the ordering of the Product. VAT invoices indicate the details of the Seller, the selected goods, their quantity, the discounts granted, the final price of the goods, including all taxes, and other data required to be approved by legal acts regulating accounting.
2.7 The method of delivery of the Material Goods (delivery by post, delivery by courier, pick-up at the Seller's place) is chosen by the Buyer at the time of ordering the Goods, and according to this choice the Seller delivers the ordered Goods accordingly.
2.8 The cost of the Product delivery service (if applicable) is indicated at the time of placing the Product order.
2.9 The Buyer, choosing the service of delivery of the Product to the address specified by him during the ordering of the Product, undertakes to specify the exact delivery address of the Product. If the Buyer does not personally accept the Product when it is delivered to the address specified by the Buyer, the Seller has the right to transfer the Product to another third party located at the address specified by the Buyer, and the Buyer does not have the right to make claims against the Seller for delivery of the Product to the wrong person.
2.10 The Seller delivers the Goods to the Buyer by e-mail. under the terms and conditions specified in the store section https://www.kvapunata.lt/pristatymas/. The terms of delivery of goods do not apply in cases where the necessary goods are not available in the Seller's warehouse, and the Buyer is informed about the shortage of the Goods ordered by him. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery terms and other conditions of the Goods.
2.11 During the delivery of the goods to the Buyer, the Buyer must check the condition of the shipment and the Goods. Having noticed that the packaging of the Product is damaged (crumpled, wet or otherwise externally damaged), the Product is damaged and/or has inappropriate components, the Buyer must note this in the Product transfer - acceptance document, in the presence of the courier, and in the case of physical collection of the Product at the Seller's store, to the Seller's representative, and draw up a free-form shipment and/or Product violation/nonconformity report. If the Buyer does not perform these actions, the Seller is released from responsibility for damage to the goods, when the basis for the occurrence of such damage is not a factory defect, and for inconsistencies in the set of goods, if these inconsistencies can be determined during an external inspection of the goods.
2.12 The risk of accidental loss or damage of the goods passes to the Buyer from the moment the Goods are handed over to the Buyer.
- ORDER OF GOODS AND MOMENT OF CONCLUSION OF PURCHASE AND SALE AGREEMENT
3.1 The purchase-sale contract for the purchase of a specific Product is considered concluded from the moment the Buyer e-mails after forming a basket of Goods in the store and confirming that he is familiar with these Rules, confirms the order of Goods and pays for it in accordance with the procedure provided for in these Rules. If the Buyer does not pay for the Product order, the Product purchase - sale contract is considered not to have been concluded.
3.2 The Buyer, by ordering the Goods and confirming that he is familiar with these Rules, declares that he has the right to purchase the Goods by E-mail in accordance with the procedure provided for in these Rules. in the store, and confirms that he has provided correct personal data in the order of the Goods.
3.3 The procedure for ordering Goods established by the Seller gives the Buyer the opportunity to check and correct errors before submitting the Order for Goods for execution. The Seller recommends that the Buyers carefully check the submitted Goods order for execution.
3.4 The Buyer, after submitting an order for Goods for execution and paying for it in accordance with 2.3 of these Rules. in accordance with the procedure provided for in point, the Seller to the e-mail specified in the Account sends the Buyer a confirmation of the execution of the Goods order by mail and/or SMS.
3.5 After the Seller completes the order, the Buyer will send the e-mail specified in the Account. is informed by mail and/or SMS about the fulfillment of the Product order (its delivery).
3.6 The order of goods is registered and stored in E-mail. in the store's database and can be viewed in the Buyer's Account.
3.7 The Seller reserves the right to reject the Goods order submitted by the Buyer to the Seller for execution, or a separate Item in the general order of Goods, if it is unable to sell the Goods, and immediately informs the Buyer about this via the e-mail specified in his Account. by mail and/or SMS message, and no later than within 14 (fourteen) calendar days, returns to the Buyer the price he paid for the Goods.
- PRODUCT QUALITY GUARANTEE AND EXPIRY DATE
4.1 The Seller guarantees that the Seller's E-mail The goods offered for purchase in the store are of suitable quality:
- corresponds to the description of the Product provided by the Seller and has the same characteristics as the product that the Seller provided as an example or model in advertising or by e-mail. offering to purchase this product in the store;
- is suitable for the purpose for which goods of this type are normally used;
- corresponds to the quality indicators that are usually typical for goods of the same type and that the Buyer can reasonably expect based on the nature of the goods and the statements made publicly by the manufacturer of the item, his representative or the Seller, including advertising and labeling of the items, regarding the specific characteristics of the item.
4.2 The seller is not responsible for the fact that E. The size, shape, color, or other parameters of the Products offered for purchase in the store may not correspond to the real size, shape, color, or other parameters of the goods due to the characteristics of the equipment used by the Buyer or other technical reasons. In order to purchase the Product, the Buyer should in all cases be guided by the information about the Product, which is specified in the specific E-mail. in the description of the Products offered in the store.
4.3 The quality guarantee provided by the seller does not limit or constrain the rights of consumers, which are established by the legal acts of the Republic of Lithuania after purchasing a product or service of inappropriate quality.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The buyer has the right to use E-mail. store and purchase the Goods there in accordance with the procedure set out in these Rules and demand from the Seller the fulfillment of the obligations assumed by these Rules.
5.2 The buyer, using E-mail store, creating an Account and purchasing an E-mail. the Goods offered in the store, confirms that he is an able natural person and/or legally representing the third person on whose behalf he acts and undertakes:
- provide your correct email e-mail address and contact phone number, other contact information that is necessary to use E-mail. in the store as a registered user or for the formulation and submission of the Product order for execution. It is forbidden to register the Account by email. using other people's data in the store;
- not to violate the obligations set forth in these Rules and not to abuse the Buyer's rights set forth in these Rules;
- fair and correct use of e-mail store, do not harm its work and stable operation and/or do not copy E-mail. store content, do not remove authors or trademarks from any e-mails. copies of shop content, e-mail not to create an electronic or manually restored database based on the contents of the store, not to place e-mail store content on other websites, and do not change the content from E-mail. in the document downloaded by the store;
- not to use any automated tools and/or additional computer equipment and/or software for viewing and/or saving data, as well as not to use any tools for processing E-mails. store content and (or) design, and (or) Product descriptions and photos, or intended to copy, encrypt, reprogram, transfer, or redirect them in a way other than what is allowed by eEl. store functionality;
- protect the Buyer's login data from third parties, with the exception of persons authorized by the Buyer to represent the Buyer using E-mail. in the store and purchasing Goods in it, and in the event of their loss or in the event that they become known to third parties and/or illegal disclosure, theft or illegal use of login data, immediately inform the Seller.
- inform the Seller about any Buyer's data provided in the registration email. in the store for purposes, change or update them independently in the Buyer's e-mail address. stores in the Account;
- settle with the Seller for E-mail. Goods and other paid services ordered in the store in accordance with the procedure set forth in these Rules;
- inspect the purchased Product and make sure that the Product received is the Product ordered by the Buyer before starting to use it;
- must comply with other obligations set out in these Rules and legal acts of the Republic of Lithuania.
5.3 The Seller undertakes to comply with the obligations set out in these Rules and to enable the Buyer to properly use E-mail. store, and make every effort to e-mail the store would operate without interruptions and would always be available to Buyers.
5.4 The Seller undertakes to respect the privacy of the Buyers and to process their Personal Data in strict accordance with the requirements established by the legislation and the Privacy Policy approved by the Seller.
5.5 The Seller has the right, at its discretion, to temporarily limit or terminate the Buyer's use of e-mail. store and the purchase of Goods, including any information provided by the Buyer by Email. in the store, as a replacement, or the Buyer's e-mail by canceling the store's Account and prohibiting the Buyer from re-registering E-mail. in the store when:
- The buyer violates these Rules and/or performs any other prohibited actions that contradict the laws of the Republic of Lithuania and/or good morals and ethical norms, or otherwise violates the rights of third parties;
- The seller must make an e-mail. store maintenance and/or renovation works;
- The buyer, using E. in the store may cause or cause damage to the Seller, his reputation, other Buyers and/or third parties, and/or when it is necessary to defend the rights and legitimate interests of the Seller, other Buyers and/or third parties.
5.6 The Seller has the right, without separate notification to the Buyer, to use third parties to perform any actions related to these Rules, as well as to transfer to third parties its rights and obligations arising from these Rules.
- EXCHANGE AND RETURN OF GOODS, CANCELLATION OF THE CONTRACT
6.1 The buyer has the right, without specifying a reason and without incurring any other costs, except for 6.9 of these Rules. the exception provided for in paragraph 1, within 14 calendar days to refuse the purchase-sale contract and to return or replace the Goods of suitable quality, in accordance with the procedure for the implementation of this right established in this section of the Rules.
6.2 The buyer's right to withdraw from the contract and return or replace Goods of suitable quality does not apply to sales contracts (Orders of Goods) due to:
- for Goods manufactured according to the Buyer's special instructions, which are not pre-manufactured and which are manufactured taking into account the Buyer's personal choice or instruction, or for Goods that are clearly adapted to the Buyer's personal needs;
- packaged Goods that have been unpacked after delivery and are unsuitable for return due to health protection or hygiene reasons;
- Goods which, due to their nature, are inseparably mixed with other items after delivery;
- Goods specified by the Government of the Republic of Lithuania in 2001 June 11 resolution no. 697 "On Approval of Retail Trade Rules" (Gazette, 2001, No. 51-1778; TAR, 2014-07-28, No. 2014-10565) p. 17.
6.3 The buyer who wishes to implement 6.1 of these Rules. the right to withdraw from the contract provided for in point 1, has no later than 14 days from the day the Buyer accepts the ordered Product (if more than one Product was ordered in one order of Goods, then from the day the Buyer accepts the last product), submit to the Seller an e-mail e-mail specified in the store by mail, a free-form request for the return of the Product or its replacement together with a copy of the document confirming the payment of the Product (VAT invoice or payment transaction extract), indicating the bank account to which the funds to be returned by the Seller must be transferred (if any).
6.4 For the buyer, 6.3 of these Rules. after exercising the right to withdraw from the contract in accordance with the procedure set forth in paragraph 1, the obligations of the Parties to perform the purchase-sale contract expire, except for the Buyer's obligation under 6.5 of these Rules. - 6.6. to return the Product to the Seller in accordance with the procedure set out in clauses (if the Goods were received before the right to withdraw from the contract was exercised) and settle with the Seller for the services rendered or goods acquired under additional contracts (if the Buyer was provided with services before the contract was withdrawn or he acquired goods under additional contracts) and the Seller's obligation 6.7 of these Rules. to return to the Buyer the money paid for the Product and the costs of its delivery to the Buyer in accordance with the procedure established in point
6.5 For the buyer, 6.3 of these Rules. after the exercise of the right to withdraw from the contract in accordance with the procedure set forth in paragraph 1, additional contracts related to the concluded sales contract, according to which the Buyer purchases additional goods or services provided by the Seller or another person in accordance with the agreement with the Seller, are also terminated automatically and without any additional costs to the Buyer. The Buyer must compensate the Seller proportionately for the services or goods acquired under additional contracts, provided up to the moment when the Buyer in accordance with 6.3 of these Rules. provided the Seller with a notice of withdrawal from the contract in accordance with the procedure set forth in point
6.6 In the event that material Goods are returned, the Buyer, having submitted a request for the return or replacement of the Goods in accordance with the procedure provided for in these Rules, must immediately, but no later than within 14 days from the submission of this request to the Seller, send or deliver the returned Goods to the Seller at his own expense to the address: J. Kubiliaus str. 16, LT-08236, Vilnius. The buyer is responsible for all direct costs of returning the goods.
6.7 The Seller returns to the Buyer all the money he paid for the Goods and the reasonable costs of returning the Goods (if the Buyer incurred them), except for 6.9 of these Rules, no later than within 14 days from the receipt of the properly returned Goods. the exception established in paragraph The money to the Buyer is returned to the Buyer's bank account, which must be specified in the Buyer's request in accordance with 6.3. point.
6.8 The Product returned by the Buyer must be undamaged, in its original, neat packaging (with authentic labels, protective equipment and complete set, with all accessories as it was sold, with instructions and documents (if such were provided together with the Product), without losing its merchandise appearance or properties, and unused.
6.9 The Seller has the right to refuse to accept the Product returned by the Buyer, if the returned Product does not comply with these Rules 6.8. point 6.2. on the grounds provided for in point
6.10 If the Buyer has purchased Goods of inappropriate quality, their defects shall be removed, poor-quality goods shall be replaced, returned in accordance with the following procedure and taking into account the requirements of the legal acts of the Republic of Lithuania.
6.11 If the Buyer has purchased a Product of inadequate quality and has informed the Seller about it, or if the Product's inadequate quality is manifested by a manufacturing defect that existed at the time of purchase of the Product or non-compliance with the specifications specified by the manufacturer, the Buyer may return the Product and, at its option, may demand that the Seller:
- eliminate defects in the Product free of charge within a reasonable period of time, if the defects can be eliminated;
- reduce the price of the Product accordingly;
- replace the Product with an analogous product of suitable quality, except in cases where the defects are minor or were caused by the fault of the Buyer;
- return the price paid for the Product and refuse the purchase and sale agreement, when the sale of the Product of inappropriate quality is a fundamental violation of the purchase and sale agreement;
- unilaterally terminate the purchase-sale contract, except in cases where the lack of the Product is insignificant, and demand the return of the paid price.
6.12 The buyer can choose only one of the Rules 6.11. means of defending his rights provided for in point 6.13 of these Rules and must declare his choice to the Seller by informing the Seller. according to the procedure set out in point If the Buyer chooses Rule 6.11. the method provided for in point 6.11 of the Rules, the Seller does not have the opportunity to implement it, the Seller offers an alternative. the method provided for in point The buyer does not have the right to change the chosen remedy. The buyer does not have the right to unilaterally terminate the sales contract if the defect in the product is minor.
6.13 The buyer who wishes to implement 6.11 of these Rules. the right to return a Product of inadequate quality, provided for in point, must be submitted to the Seller by e-mail e-mail specified in the store send a free-form request for the return of a Product of inadequate quality by mail and specify one of the Rules 6.11 of your choice. of the methods of protection of the Buyer's rights provided for in point, and together with the request, submit to the Seller a copy of the document confirming the payment of the Product (VAT invoice or payment transaction extract).
- RESPONSIBILITY
7.1 The seller is responsible for E-mail. operation of the store and disruptions in the provision of services and resulting damage to the Buyer or third parties only if such damage was caused by the Seller's intentional actions.
7.2 The buyer is responsible for illegal actions performed using E-mail. in the store, including but not limited to the correctness of his statements and confirmations made during the Account registration and/or when ordering the Product, Personal Data. The Buyer understands and acknowledges that he is responsible for transferring his data, including Personal Data, to third parties. If email the store is used by a third person (using the Buyer's data), the Seller considers this person to be the Buyer and all related responsibilities fall on the Buyer.
7.3 The seller is not responsible for E-mail. inactivity of the store and non-provision of services or improper provision and/or damage caused to the Buyer, if this occurred due to the fault of the Buyer or third parties or due to circumstances that the Seller could not control and reasonably foresee and prevent the occurrence of these circumstances or their consequences.
7.4 The Seller is released from any responsibility in cases where the Buyer suffers losses due to the fact that the Buyer did not familiarize himself with these Rules, the Privacy Policy, and/or other e-mails to the Buyer. the information provided in the description of a specific Product in the store.
- FINAL PROVISIONS
8.1 The parties may exchange information electronically, and such exchange of information will be considered appropriate and equivalent to written documents. All communications related to the use of E-mail store services and/or execution of Goods purchase - sale contracts, carried out as follows:
- The buyer sends all notices, requirements, requests and questions by e-mail. in the store environment https://www.kvapunata.lt/kontaktai to the specified e-mail by mail;
- The Seller sends all notifications and other information to the Buyer in his Account, or to the e-mail specified during the placing of the Product order. to the postal address, which is considered to have been received by the Buyer 12 hours after it was sent;
- The Buyer is also considered properly informed about the Seller's messages in accordance with these Rules, if the relevant information is provided to the Buyer by a call and/or short SMS message to the phone number specified in the Buyer's Account or when placing the Product order.
8.2 The rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
8.3 All disagreements arising from the implementation of these Rules shall be resolved by negotiation. If it is not possible to reach an agreement within 14 (fourteen) calendar days, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
8.4 The Buyer (if he is a user), who does not agree with the Seller's response to the Buyer's written claim, submits his request/complaint regarding E-mail. Goods purchased in the store can be submitted to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, phone: 85 262 67 51, fax: (85) 279 1466, on the website www.vvtat.lt. lt (also for territorial units of the State Consumer Rights Protection Service in counties) or fill out the application form on the EGS platform https://ec.europa.eu/odr/ .
8.5 The version of these Rules is considered the first (initial).