Delivery & returns

DELIVERY OF THE GOODS

1.1 When ordering the Goods, the Buyer may choose one of the delivery methods listed in paragraphs 1.2 – 1.3 of the Terms and Conditions combined with the shipping sheet (Standard registered mail delivery, economy delivery, express delivery, etc.).
1.2 If the Buyer chooses home delivery at the time of order:
1.2.1. The Buyer undertakes to specify the exact location of the delivery, the telephone number and the name of the Buyer or the addressee.
1.2.2. A valid proof of identity (identity card, passport or new driving licence) must be presented at the time of collection. If the Buyer is unable to accept the goods himself and the goods have been delivered to the address indicated by the Buyer, the Buyer shall not be entitled to claim against the Seller for delivery of the goods to the wrong person.

1.3 The Seller shall deliver the Goods to the Buyer by the terms set out in the descriptions of the Goods and in the Delivery and Return Conditions (hereafter referred to as the Shipping Terms). These terms are provisional and do not apply in cases where the Seller does not have the goods in stock and the Buyer is informed of a shortage of the goods ordered. By accepting these Terms and Conditions, the Buyer agrees that in exceptional cases the delivery of the Goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In such event, the Seller undertakes to contact the Buyer immediately to agree on the terms and conditions of delivery. If the Seller fails to deliver the Goods within the time limit and the Parties do not agree on an additional time limit for the delivery of the Goods, the Buyer may exercise the right to withdraw from the contract of sale of the Goods or Services as set out in Clause 3.1 of the Conditions.
1.4 The Seller shall be exempt from liability for breach of the time limits for delivery of the goods if the goods are not delivered to the Buyer or are not delivered on time due to third parties unrelated and/or independent of the Seller, as well as due to circumstances beyond the control of the Buyer or due to force majeure and/or similar circumstances (e.g., a remote location of the residence, holidays or weekends, weather conditions, a strike of the carrier’s employees, etc.).
1.5 At the time of delivery of the Goods to the Buyer, the Buyer shall inspect the condition of the consignment and the Good(s) together with the Seller or its authorised representative and sign the consignment handover receipt document. Once the Buyer has signed the document of delivery and acceptance of the consignment, the goods shall be deemed to have been delivered in good condition, with no damage attributable to defects other than manufacturing defects and with no discrepancies in the composition of the goods(s) (such as can be detected by an external inspection of the goods). If the Buyer notices that the packaging of the delivered goods is damaged (crumpled, wet or otherwise externally damaged), the goods(s) are damaged and/or the goods(s) are not in the right condition, the Buyer shall note this in the handover/acceptance document and, in the presence of the Seller or his representative, draw up a free-form certificate of the damage/mismatch of the consignment and/or the goods(s). If the Buyer fails to do so, the Seller shall be exempted from liability for damage to the goods where the basis for such damage is not a manufacturing defect and for non-conformity of the goods about the assembly of the goods, only if such non-conformity can be detected by an external inspection of the goods.
1.6 The risk of accidental loss or damage to the goods shall pass to the Buyer from the moment the goods are handed over to the Buyer.
1.7 If, by Clauses 1.2 – 1.4 of the Regulations, the Buyer fails to collect the Goods within the time limit or fails to deliver them to the Buyer and the Buyer has paid for the Goods and their delivery, the Representatives shall contact the Buyer to arrange an alternative time and/or method of delivery. If the Buyer still does not collect the goods or fails to deliver them, such goods shall be returned to the Seller, the order shall be cancelled and the Buyer shall be refunded the money paid for the goods, less any bank charges applicable to the Seller for the reverse of the bank transfer, the delivery charge, if applicable, and any other administrative charges, if applicable.
1.8 Buyers from European Union countries shall not be subject to any additional delivery or other charges other than those provided for in these Conditions.
1.9. Buyers from countries outside the European Union may be subject to import, customs or other taxes, of which the Buyer may be more fully informed by contacting the competent authorities of his/her country. The Seller shall not be liable for these possible additional taxes

GUARANTEE OF GOOD QUALITY AND TERM OF SUITABILITY FOR USE

2.1 The characteristics of each item sold on the Site are set out in the description of the item accompanying each item.
2.2 The goods offered for purchase by the Seller are of satisfactory quality, i.e. the characteristics of the goods correspond to the description of the goods. The goods conform with the consumer contract of sale if:
2.2.1. the product corresponds to the description given by the Seller and has the same characteristics as the product which the Seller has provided as a sample or model when advertising that product on the Website;
2.2.2. the product is suitable for the purpose for which goods of that type are normally used;
2.2.3. the item is of a quality which is normally characteristic of goods of the same nature and which the Buyer can reasonably expect from the nature of the item and the statements made publicly by the manufacturer of the item, it’s representative or the Seller, including advertising and labelling of items, as to the particular characteristics of the item.
2.3 The Seller shall not be liable for the fact that the size, shape, colour or other parameters of the goods on the Website may not correspond to the actual size, shape, colour or other parameters of the goods due to the characteristics of the display used by the Buyer or other technical reasons beyond the control of the Seller. The Buyer is advised to read the description of the goods.
2.4 The Seller grants a quality guarantee for different types of goods for a certain period, the specific term and other conditions of which shall be indicated in the descriptions of such goods or together with the invoice of the goods corresponding to the guarantee sheet.
2.5 The Seller’s guarantee of quality shall not limit or restrict the rights of consumers under the law in the event of the purchase of a product or service of defective quality.
2.6 The Seller shall provide the Buyer with a 1 (one) year warranty for products manufactured by the Seller.
2.7 The Seller shall not provide after-sales service for goods of other suppliers or third parties.
2.8 In cases where a certain shelf life is prescribed by law for particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a realistic opportunity to make use of such goods before the expiry of the shelf life.

THE RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE PROCEDURES

3.1 Right of withdrawal:
3.1.1 The Buyer shall have the right to withdraw from the Terms and Conditions of Sale and Purchase by notifying the Seller within 14 (fourteen) calendar days without giving any reason. The Buyer may not exercise this right in the event of the conclusion of one of the contracts listed in Article 6.22810 (2) of the Civil Code of the Republic of Lithuania.
3.1.2. The Buyer shall notify the Seller of his/her withdrawal from the Terms and Conditions of Sale and Purchase in one of the following ways: by filling in the model withdrawal form (https://www.e-tar.lt/portal/lt/legalAct/dad7f330d05511e3a8ded1a0f5aff0a9) or by submitting an explicit statement setting out his/her decision to withdraw from the Terms and Conditions. The notice of withdrawal shall be sent by email to [email protected]. Upon receipt of the Buyer’s notification, the Seller shall promptly send an acknowledgement of receipt.
3.1.3. The period of 14 (fourteen) calendar days for exercising the right of withdrawal shall be calculated as follows:

(1) where confirmed with the consent of the Terms, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the goods ordered;

(2) where the Buyer has ordered more than one item in a single order and the items are delivered separately, from the date on which the Buyer or a person nominated by the Buyer, other than the carrier, receives the last item;

(3) if the goods are delivered in different batches or instalments, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last batch or instalment;

(4) where the contract is for the regular delivery of the goods within a fixed period, from the date on which the first of the goods is received by the buyer or a person designated by him other than the carrier.

3.1.4 If the Buyer has rejected the Terms of Sale and Purchase before the goods have been delivered to him, the Seller shall treat such rejection by the Buyer as a rejection of the order and shall inform the Buyer accordingly at the e-mail address indicated by him.
3.1.5 If the Buyer has refused the Terms and Conditions after the Goods have been delivered, or if the Buyer has collected the Goods, the provisions set out in paragraph 3.6 of the Terms and Conditions shall apply.
3.2 The Seller’s additional money-back guarantee:
3.2.1. after 14 (fourteen) calendar days, but not later than 30 (thirty) calendar days from the date of delivery or collection of the goods, the Buyer shall be entitled to benefit from the Seller’s additional money-back guarantee for the Buyer, provided that all returned goods are in the authentic labels, protective bags and the original packaging, and that the disposable packaging is not damaged, i.e. the goods are not in the same condition as when sold.
3.2.2 The Buyer must notify its intention to make use of this guarantee within 30 (thirty) calendar days of the date of delivery of the goods to the Buyer. The notification shall be sent by e-mail to [email protected] and must specify the goods to be returned and their codes.
3.2.3. If the notification is made within 14 (fourteen) calendar days from the date of delivery of the goods to the Buyer, the provisions of Article 3.1 of the Regulations shall apply.
3.2.4. if the notification is made after the expiry of the period of 14 (fourteen) calendar days, but no later than 30 (thirty) calendar days from the date of delivery of the goods to the Buyer, the Buyer shall bear all costs and risks associated with the return of the goods. In all cases, the goods must be returned to the Seller before the expiry of a period of 30 (thirty) calendar days from the date of delivery or collection.
3.2.5 The Seller’s additional money-back guarantee is not available for the following goods ordered:
3.2.5.1. gift vouchers;
3.2.5.2. samples of goods/products;
3.2.5.3. final/warehouse sale items;
3.2.5.4. goods purchased by the Customer from the Website and used/worn goods.
3.2.5.5. packaged goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;
3.2.5.6. goods which have been made to the Buyer’s order or which are tailored to the Buyer’s needs, or which, by their very nature, cannot be returned to the Buyer after they have been made available to the Buyer, due to a loss of merchantable qualities, perishability, or their expiry date;
3.2.5.7. baby clothes, toys, baby toys, baby care products;
3.2.5.8. digital files.
3.2.6 The procedure for the return of goods and money is set out in Section 3.6 of the Terms and Conditions.
3.3 Rules for the exchange and return of goods of satisfactory quality:
3.3.1 The Buyer shall have the right to replace the purchased Goods with similar Goods of a different size, shape, colour, model or finish within 14 (fourteen) calendar days from the date of delivery of the Goods to him. If the replacement of the goods results in a price difference, the Buyer shall be obliged to settle with the Seller according to the recalculated prices. The Buyer’s notification of his/her wish to exercise the right provided for in this clause of the Regulations, together with the goods to be returned, shall be sent by e-mail to [email protected].
3.3.2. If the Buyer does not like the shape, size, colour, model or completeness of the purchased goods, the goods shall be exchanged and returned by the “Retail Trade Rules” approved by the Government of the Republic of Lithuania Resolution No. 738 of 22 July 2014.
3.3.3 Upon receipt of the Goods, the Seller undertakes to replace them with the same Goods only in the shape, size, colour, model or completeness specified by the Buyer. If the Seller does not have a suitable product for replacement, the Seller shall refund the money paid for the product to the Buyer. The money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer’s notification of the Buyer’s wish to exercise this right, and if the Goods have not been returned by the Buyer to the Seller, the time limit provided for in this clause shall run from the date of the Goods’ return to the Seller.
3.3.4 By accepting these Terms and Conditions, the Buyer agrees to the refund being made to the Buyer’s bank account unless otherwise agreed between the Buyer and the Seller.
3.3.5 The procedure for the return of goods and money is set out in clause 3.6 of the Terms and Conditions.
3.4 Procedures for the replacement and return of goods of unsatisfactory quality:
3.4.1. defects in the goods sold shall be eliminated, defective goods shall be replaced and returned by the procedure set out in the Rules and taking into account the requirements of the legislation of the Republic of Lithuania.
3.4.2. If the Buyer has purchased goods of inadequate quality and has indicated this in the handover and acceptance document (if not, the provisions of Clause 3.3 of the Rules shall apply) or if the inadequate quality of the goods is manifested by a manufacturing defect present at the time of purchase or by non-conformity with the specifications specified by the manufacturer, the Buyer may return the goods and, at its option, may demand:
3.4.2.1. the Seller to remedy the defects in the goods free of charge within a reasonable period, if the defects can be remedied;
3.4.2.2. a corresponding reduction in the purchase price;
3.4.2.3. to replace the goods with goods of equivalent quality, unless the defects are minor or caused by the Buyer;
3.4.2.4. to refund the price paid and to waive the terms of sale where the sale of goods of inferior quality constitutes a material breach of the order.
3.4.3 The Buyer may choose only one of the remedies set out in Clause 3.4.2 of the Rules. The Buyer must express his choice when returning the goods. If, after the Buyer has chosen the remedy provided for in Clause 3.4.2, the Seller is unable to implement it, the Seller shall offer an alternative remedy provided for in Clause 3.4.2. The Buyer shall not be entitled to change the remedy chosen. The Buyer shall not be entitled to terminate the sale if the defect in the goods is minor.
3.4.4 The Buyer must comply with the following conditions to return the goods:
3.4.4.1. notify the Seller by e-mail to [email protected], the notification must specify the goods to be returned and their codes;
3.4.4.2. provide the document of purchase of the goods, the warranty card (if issued);
3.4.4.3. submit a free-form request.
3.4.5 The Buyer may exercise the right to return goods of unsatisfactory quality within the quality guarantee period specified in the purchase document.
3.4.6.The Seller shall have the right not to accept the Buyer’s returns if the Buyer does not comply with the return procedure set out in the Rules.
3.4.7 The Buyer shall bear the cost of delivery and the cost of returning the goods, and the Seller shall reimburse the Buyer for the cost of delivery and return if the Seller is satisfied that the goods have been returned for faulty quality, except for the exceptions set out in the Conditions. Returns shall be governed by paragraph 3.6 of the Conditions.
3.4.8. Money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer’s notification of the faulty quality of the Goods, and if the Goods have not been returned by the Buyer to the Seller, the time limit set out in this clause shall be calculated as of the date of return of the Goods to the Seller. By accepting these Terms and Conditions, the Buyer agrees to the refund being made to the Buyer’s bank account unless otherwise agreed between the Buyer and the Seller.
3.4.9 No refunds shall be made for goods which have been damaged intentionally or negligently (by chemicals, water, open flames, high temperatures, sharp objects, etc.), or if the rules of use or storage of the goods have been violated, or if the goods have been used improperly or for an improper purpose.
3.4.10. Separate rules for the return of goods of unsatisfactory quality may be set out in the guarantee vouchers (warranties) accompanying the goods.
3.5 Replacement and return of goods in the event of delivery of the wrong goods:
3.5.1. If the Buyer has been delivered the wrong goods, the Buyer must inform the Seller immediately, but no later than within 7 (seven) calendar days, by email to [email protected]. The Seller undertakes to collect such goods and replace them with suitable goods at its own expense. In the event that the Seller does not have the goods ordered, the Seller shall refund to the Buyer the money paid for the goods(s). The money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer’s notice of cancellation, and if the goods have not been returned by the Buyer to the Seller, the time limit set out in this clause shall run from the date of return of the goods to the Seller. By accepting these Terms and Conditions, the Buyer agrees to the refund being made to the Buyer’s bank account unless otherwise agreed between the Buyer and the Seller.
3.5.2 The procedure for the return of Goods and money is set out in clause 3.6 of the Conditions.

3.6. Returns and refunds:

3.6.1 For goods purchased from Site Partners, the Buyer must contact directly the specific Site Partner from whom the goods were purchased.
3.6.2 The Buyer may only exercise the right to return the goods if the time limit for returning the goods has not been missed. In the cases set out in paragraphs 3.1 – 3.3 of the Regulations, the following additional requirements shall apply to the return of the goods: the goods have not been damaged or substantially altered in appearance, nor have they been used – all returned goods must be accompanied by the authentic labels, protective bags and original packaging.
3.6.3. All gifts that accompanied the purchased goods must be returned at the same time, unless the purchased goods are being returned because of a defect in their quality and the accompanying gifts have, by their nature, been consumed within the period between the purchase of the goods and the date on which the defect became apparent, or the shelf-life of such gifts has expired.
3.6.4 When returning the goods, the Buyer must state the name, address and telephone number of the sender and must pack the goods properly so that they will not be damaged during shipment. The Seller will not refund any money for goods that have been damaged during shipment. The Seller shall not be liable for parcels which have been sent incorrectly packaged, with an incorrect address, or if they have been lost or damaged in transit.
3.6.5 If the Buyer has purchased a set of goods on the Website, the Buyer must return the entire set of goods to the Seller, i.e. the Buyer shall have the rights provided for the return of goods only in respect of all the goods contained in the set. If any of the goods in the set do not meet the requirements set out in Clause 3.6.2 of the Regulations, the Seller shall have the right to refuse to accept the return of the whole set of goods.
3.6.6. The Buyer, having exercised the rights provided for in Clauses 3.1 to 3.5 of the Regulations, shall comply with the requirements for the return of the Goods set out in the Regulations and shall follow the procedures set out therein.
3.6.7 The Buyer may return the Goods by courier delivery or by post (registered post with tracking number). The Goods must be returned to the Seller at the address specified in the acknowledgement of receipt of the withdrawal notice sent by the Seller to the Buyer. The procedure and conditions for the delivery of heavy goods (for quality assessment, modification, repair or return) to the Seller shall be agreed between the Buyer and the Seller separately by e-mail [email protected].
3.6.8. If the Buyer has exercised the rights set out in Clauses 3.1, 3.3 to 3.5 of the Regulations, the money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer’s notification, and if the goods have not been returned by the Buyer to the Seller, the time limit set out in this Clause shall be calculated as from the date of the return of goods to the Seller. If the Buyer has made use of the additional money-back guarantee, the Buyer shall be subject to a 30 (thirty) calendar day refund period starting from the date of return of the goods to the Seller.
3.6.9 By accepting these Terms and Conditions, the Buyer agrees to the refund being made to the Buyer’s bank account unless otherwise agreed between the Buyer and the Seller.
3.6.10. after exercising the rights set out in paragraphs 3.1.-3.3 of the Regulations, the Buyer shall be refunded: the price of the goods, but not the shipping/return costs, as well as any bank transfer fee or other administrative fees incurred by the Seller. Upon exercise of the rights set out in Clauses 3.4 to 3.5 of the Regulations, the Buyer shall be refunded: the price of the goods, the administrative fee, if applicable, the shipping costs of the goods, the costs of returning the goods. If the Buyer has chosen a delivery method other than the cheapest offered by the Seller, as published HERE shipping methods and prices are combined, the costs of this method over the costs of the other delivery method chosen by the Buyer shall not be reimbursed.
3.6.11. The Seller shall have the right not to refund the money paid by the Buyer until the Goods have been returned to the Seller and have been checked for compliance with clause 3.6.2 of the Conditions.
3.6.12. If a price difference arises from the exchange of Goods, the Buyer shall pay the Seller by the recalculated prices.

RESPONSIBILITY

4.1 The Buyer is responsible for the actions taken when using the Website.
4.2 Once registered, the Buyer is responsible for the storage and/or transfer of his/her login data to third parties. If a third party uses the services provided on the Website by logging into the Website using the Buyer’s login details, the Seller shall treat that person as the Buyer.
4.3 The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer’s failure to read these Terms and Conditions and the Privacy Policy, notwithstanding the Seller’s recommendations and obligations, even though the Buyer was allowed to do so.
4.4 If the Website contains links to other third-party websites, the Seller does not warrant that the information that can be viewed by clicking on these links is correct, complete or accurate. The third parties are responsible for the content, correctness, completeness and accuracy of the information provided by third parties. The Seller is under no obligation to verify the external information transmitted or stored or to detect illegal activities.
4.5 The Seller shall not be liable for the proper performance of obligations between the Buyer and the Seller’s Partners whose goods or services the Buyer orders through the Website.

EXCHANGE OF INFORMATION

5.1 The Seller shall send all notifications by these Terms and Conditions and the Privacy Policy to the e-mail address or SMS message to the telephone number provided by the Buyer at the time of registration or when ordering goods.
5.2 The Buyer shall send all notifications and questions to the Seller by the means of contact specified in the “Contact” section of the Website.

CONCLUDING PROVISIONS

6.1 These Terms and Conditions are made by the legislation of the Republic of Lithuania.
6.2 The law of the Republic of Lithuania shall apply to relations arising under these Terms and Conditions.
6.3 Any disagreements arising from the performance of these Terms and Conditions shall be settled by negotiation. In the event of failure to reach an agreement within a reasonable period, disputes shall be settled by the procedure established by the legislation of the Republic of Lithuania.
6.4 In case the Buyer disagrees with the Seller’s response to the Buyer’s written complaint, the Buyer (natural person, consumer) may submit his/her request/complaint regarding the goods purchased on the Website to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: [email protected], tel. 85 262 67 51, fax. (85) 279 1466, on the website www.vvtat.lt (as well as the territorial units of the State Consumer Rights Protection Service in the districts) – or by filling in the application form on the EGS platform.