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Last updated: 2023 April 20

www.myshemen.lt

TERMS OF PURCHASE AND SALE OF GOODS

1. GENERAL PROVISIONS

These conditions of purchase and sale of goods (hereinafter referred to as the Conditions), together with other documents specified in these Conditions, are a legal document that binds the Parties and determines the rights, duties and responsibilities of the Buyer and the Seller when the Buyer purchases Products from the www.myshemen.lt electronic store (hereinafter referred to as the e-store). In accordance with the procedure set forth in these Terms, the Seller undertakes to deliver the Products to the Buyer, and the Buyer undertakes to accept the ordered Products and pay for them in accordance with the procedure set forth in these Terms. By using the e-shop and ordering Products in it, as well as by creating an account, you confirm that you have read these Terms and Conditions, are familiar with them and agree to the Buyer's rights and obligations set out here, unconditionally and irrevocably. If the Buyer does not agree with all the conditions of obligations set out in these Terms, such Buyer has no right to use the e-shop, register an account and buy Products.

Capital letters used in these Terms have the following meanings:

Conditions - the conditions established in this e-store, a legal document that binds the Parties and establishes the conditions and procedures for the use of the e-store and the purchase and sale of Products, as well as the rights, duties and responsibilities of the Parties for violations.
Products - items offered for purchase or sold to the Buyer through the e-store administered by the Seller.
Seller – UAB "Bičių Austėja", a legal entity that sells products and administers the e-shop, legal entity code 25428501, store address Šaltupio str. 24, 29132, Anykščiai, Lithuania. The seller's data is collected and stored in the database of the Register of Legal Entities, Register Center. The seller's VAT payer code is LT542850113.
Buyer - a natural person who uses the e-store and purchases Products for this e-store for purposes unrelated to his business, trade, craft or profession (consumption purposes).
Account - the result of the Buyer's e-store registration, creating a personal account of the Buyer, which stores his personal data and order history.
Personal data - any information collected by the Seller about the Buyer or his representative (natural person), as defined by the European Parliament and the Council of 2016. April 27 Regulation (EU) 2016/679 on the protection, processing and free movement of personal data and the repeal of Directive 95/46/EC (General Data Protection Regulation), meaning of Article 4, paragraph 1.
Parties - Seller and Buyer.
The product purchase and sale agreement for a specific Product is considered concluded from the moment the Buyer, after filling the shopping cart in the e-store and specifying the delivery address or logging in to his account, choosing a payment method and confirming that he has read these Terms and Conditions, confirms the Product order and pays for it , following the procedure established in these Terms.
The Seller will process the Buyer's personal data in accordance with the Privacy Policy. The Personal Data Protection and Privacy Policy has important provisions stipulated in the Terms, therefore it is recommended that the Buyer read them carefully and make sure that all provisions of the Privacy Policy are understood and accepted; they are available in the Privacy Policy section of the e-shop.
These Terms and Conditions have been prepared in accordance with the Civil Code of the Republic of Lithuania (Government Gazette, 2000, No. 74-2262), the Consumer Protection Law of the Republic of Lithuania (Government Gazette, 1994, No. 94-1833; 2000, No. 85-2581; 2007, No. 12-488), of the Government of the Republic of Lithuania in 2001 June 11 by resolution no. 697 approved "Sale Rules" (Valstybės žinios, 2001, No. 51-1778; Register of Legal Acts, July 28, 2014, No. 2014-10565) and other legal acts of the Republic of Lithuania, as well as the usual good business practice of purchasing - for sales contracts. If any of the provisions of these Terms contradicts the legal acts of the Republic of Lithuania or becomes invalid in whole or in part for any reason, this does not affect the rest of the Terms.
The Seller reserves the right to change, supplement or amend these Terms and Conditions at any time. Buyers will be informed about changes to the Terms through the e-shop. Changes to the terms and conditions will take effect after they are published in the e-store. When ordering Products in the e-store, the Buyer will adhere to the valid version of the Terms at the time the Product order is confirmed.

2. PRODUCTS, PRICE AND PAYMENT AND DELIVERY PROCEDURE

All information about the Product, its price and the applicable manufacturer's warranty period, if any, is specified in the Product description provided in the e-shop. The photos of the Products presented in the electronic store are only illustrative, and the colors, inscriptions, parameters, dimensions, sizes, functions, packaging and/or other characteristics of the Products indicated on them may look different from reality due to their visual characteristics, therefore, when planning to purchase the Product, the Buyer in all in cases should be guided by the information about the Product, which is specified in the description of the specific Product, provided in the online store. The price of the product in the online store is displayed in euros and includes the amount of VAT in force at the time according to legislation and other taxes, if any; any applicable discounts on the Product price are also displayed. The Buyer can pay for the Product at the time of ordering by choosing one of the following methods: electronic banking; paying card; other methods specified in the online store. The Seller will confirm the Product order when the Buyer pays for it in accordance with 2.3. the procedure specified in point and will notify the Buyer about the confirmation of the Product order by e-mail. by e-mail specified in the Buyer's account. By approving the General Rules, the Buyer agrees that, in exceptional cases, the Seller may refrain from confirming the Product order or cancel an already confirmed Product order, if due to a technical error in the electronic store's information systems, the correction of obvious errors (mistakes) or other objective main reasons beyond the Seller's control ( with reasonable evidence for these reasons), the Product described in the description is not in stock and delivery from the manufacturer will take a disproportionate amount of time, and/or the said Product is no longer produced, and/or the price of the Products has changed. The buyer is immediately informed about the termination of the order execution/or the cancellation of confirmation or about changes in the conditions of delivery of the Products, the price or other conditions of the Product by e-mail. by e-mail specified in the Buyer's account or e-mail specified when ordering the Product. by post If the conditions of delivery of the Products, the price or other conditions of the Products change, the Seller undertakes to immediately contact the Buyer and agree on the conditions of delivery of the Products and other conditions of the Products. If the order is canceled according to the procedure established in this point, the Seller undertakes to return to the Buyer all the money paid for the canceled Product order. By approving the General Rules, the Buyer agrees that the documents for the purchase of the Products - the VAT invoice - can be issued to him physically at the time when the Product is delivered. The VAT invoice must contain the details of the Seller's company, the selected Products, their quantity and applicable discounts, the final price of the Product, including all taxes, and other necessary data approved by accounting laws. The Product will be delivered to the Buyer by one of the following methods chosen when ordering the Product: delivery by postal machine; home delivery. The delivery price is specified when ordering the Product. If the Buyer chooses home delivery during the order, he undertakes to specify the exact delivery address of the Products. 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 located at the address specified by the Buyer, in which case the Buyer has no right to demand from the Seller that the Product is delivered to the wrong person. The Seller delivers the Products to the Buyer in accordance with the Delivery Terms specified in the online store. Delivery conditions do not apply in cases where the required Products are not in the Seller's warehouse, and the Buyer is informed about the shortage of the ordered Products. By approving these General Rules, the Buyer agrees that in exceptional cases the delivery of the Products may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to immediately contact the Buyer and agree on the conditions of delivery of the Products and other conditions of the Products. When handing over the Products to the Buyer, the Buyer, together with the Seller's representative or courier, must check the condition of the packaging and the goods and sign the package handover certificate. When the Buyer signs the package handover certificate, the Goods are deemed to have been delivered in good condition, without any damage caused by non-factory defects, without any incompatible Product composition (which can be determined by external Product inspection). Upon noticing that the Product packaging is damaged (disrupted, wet or otherwise externally damaged) or that the Product is damaged and/or incompatible, the Buyer must note this together with the courier in the Product Transfer Certificate and draw up a free text act of packaging and/or Product damage/incompatibility . If the Buyer does not take these actions, the Seller is released from responsibility for damage to the Product, when the cause of such damage is not a factory defect, as well as for incompatibility with the composition of the Product, if these incompatibilities can be determined during an external inspection of the Products. The risk of accidental loss or damage to the Products is transferred to the Buyer from the moment the Products are handed over to the Buyer. If the Buyer has paid for the Products and the Products cannot be delivered to the Buyer, the parties shall agree on another delivery time and/or method within 5 working days (in this case, additional delivery costs (if any) shall be paid by the Buyer). If the Seller cannot contact the Buyer within 5 business days, or the Products cannot be re-delivered to the Buyer, or the Buyer repeatedly fails to collect the Products, the order for the Products will be automatically canceled and the Buyer will be refunded the money paid for the Products, subject to bank transfer fees (if applicable) and product delivery fee (if applicable). If the Buyer has not paid for the Products and does not pick up the Products within the set deadlines or the Products cannot be delivered to the Buyer, the Order for the Products is automatically considered cancelled.

3. ORDERING THE PRODUCT AND CONCLUSION OF THE PURCHASE-SALE AGREEMENT

The purchase and sale contract for the purchase of a specific Product is considered concluded from the moment when the Buyer, after filling the basket in the online store and specifying the delivery address or logging in to his account, choosing the payment method and confirming that he has read these General Rules, confirms the order for the Products and pays for it in accordance with the procedure established by these General Rules. If the Buyer does not pay for the order of the Products, it is considered that the Purchase-Sale Agreement for the purchase of the Products has not been concluded. After ordering the Products and confirming that he has read these General Rules, the Buyer declares that he has the right to purchase the Products in the electronic store in accordance with the procedure established by these General Rules and confirms that the Personal Data provided when ordering the Products are correct. The Product order procedure established by the Seller gives the Buyer the opportunity to check and correct errors before submitting the Product order for execution. Seller recommends that Buyers carefully check the order for Products submitted for fulfillment. When the Buyer submits an order for Products for execution and pays for it in accordance with 2.3 of these General Rules. in accordance with the procedure set forth in paragraph 1, the Seller sends the Buyer a confirmation of the execution of the Product order by e-mail. by mail and/or SMS using the address and/or number specified in the Account. When the Seller executes the order, the Buyer e-mails by mail and/or SMS, using the address and/or number specified in the Account, is informed about the execution of the order or the dispatch of the Order of Products. Product orders are registered and stored in the online store database and can be viewed in the Buyer's Account. The Buyer understands that confirmed orders for Products are prepared for immediate delivery, and therefore cancellations or changes to any paid order for Products are not possible. Unpaid orders are automatically canceled after 24 hours from the moment the Buyer places such an order, if the Buyer does not contact the customer service department and does not agree to the payment of the Products during this period. The Seller reserves the right to reject the order of Products submitted by the Buyer for execution or a separate Product from an order of many Products, if it is impossible to sell this Product for the reasons listed below; in this case, he immediately informs the Buyer by e-mail. by mail and phone or SMS, using the address and/or number specified in the Buyer's Account, and returns the price paid for the Product to the Buyer within 14 (fourteen) calendar days: The Product is not available in the Seller's warehouses or is no longer offered due to circumstances beyond the Seller's control; due to a technical error in the information systems of the e-shop related to the price of the Product displayed in the e-shop.

4. PRODUCT QUALITY GUARANTEE AND EXPIRY DATE

The Seller guarantees that the Products offered for purchase in the Seller's online store are of suitable quality, that is, they: correspond to the Product description provided by the Seller and have the same characteristics as the product that the Seller provided as a sample or model when advertising or offering this Product for purchase in the online store; suitable for the purposes for which products of this type are normally used; corresponds to the quality indicators that are usually typical for products of the same characteristics, and which the Buyer can reasonably expect based on the characteristics of a specific item based on the nature of the product and the public statements of the manufacturer, its representative or the Seller, including advertising and labeling. The seller is not responsible for the fact that the size, shape, color or other parameters of the products sold in the online store in the photos may not match the actual size, shape, color or other parameters of the product due to 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, which is specified in the description of the specific Product in the online store (see part 2 of the General Rules for details). The quality guarantees provided by the seller do not limit or limit the rights that are established for consumers when purchasing an item or service, in case of inadequate quality, in accordance with the legislation of the Republic of Lithuania.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Buyer has the right to use the electronic store and purchase goods in it in accordance with the procedure established by these General Rules, as well as to demand that the Seller fulfill the obligations that he undertook to fulfill under these General Rules. By using the e-shop, creating an account and purchasing the goods offered in it, the buyer confirms that he is the relevant natural person and/or legally represents the third party on whose behalf he acts and undertakes to: provide the correct e-mail e-mail address, contact telephone number and other contact information necessary to use the online store as a registered user or to form and submit an order for Products for execution. It is prohibited to use other people's data when registering an account in the electronic store; not to violate the obligations set forth in these General Rules and not to violate the Buyer's rights set forth in these General Rules; to legally and honestly use the e-store and not harm its operation and stable operation, not to copy the content of the e-store, not to remove copyright marks or trademarks from any copies of the e-store content, not to create an electronic or hand-made database based on the content of the e-store, not to distribute the content of the e-store on other websites and do not change the content of the document downloaded from the electronic store; not to use any automated means and/or additional computer equipment and/or software for data viewing and/or storage and not to use any means for processing the content and/or design and/or Product descriptions and photos of the e-shop, or copying, encrypting, reprogramming, transferring or redirection other than what is allowed by the functionality of the electronic store; protect the Buyer's login data from third parties, except for those persons authorized by the Buyer to represent the Buyer when using the electronic store and purchasing Products in it, and immediately inform the Seller if the login data is lost or if it becomes known to third parties and/or was illegally disclosed, stolen or abused; inform the Seller about any changes in the data provided for the purposes of the Buyer's online store registration or update them independently in the Buyer's online store account; to pay the Seller for the Products and other paid services ordered from the electronic store in accordance with the procedure established in these General Rules; to inspect the purchased Product and make sure that the Product received is the same that the Buyer ordered, before using it, including its assembly, installation, etc. (see General Rules Clause 2.11 for details); to fulfill other obligations established in these General Rules and legal acts of the Republic of Lithuania. The Seller undertakes to fulfill the obligations set out in these General Rules, to create conditions for the Buyer to use the e-shop properly, and to make every effort to ensure that the e-shop works without interruption and is always available to the Buyers. The Seller undertakes to respect the privacy of Buyers and to process their Personal Data in strict compliance with legal requirements and the Privacy Policy approved by the Seller. The Seller has the right, at its sole discretion, to temporarily limit or terminate the Buyer's use of the e-store and the transfer of Products, including by modifying any information provided by the Buyer in the e-store, deleting the Buyer's e-store account and prohibiting the Buyer from re-registering in the e-store, when: the Buyer violates these General Rules and /or engages in any other prohibited activities that contradict the laws of the Republic of Lithuania and/or good moral and ethical norms, or otherwise violate the rights of third parties; The seller needs to perform technical maintenance and/or updates in the online store; by using the electronic store, the Buyer may cause (preventive) or cause damage to the Seller, his 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. The Seller has the right, without separate notification to the Buyer, to use third parties in carrying out any activities related to these General Rules and to transfer its rights and obligations arising from these General Rules to third parties.

6. EXCHANGE AND RETURN OF GOODS, TERMINATION OF THE CONTRACT

The buyer has the right, without specifying the reason and without incurring other costs, except for the exceptions provided in clause 6.9. points, within 14 (fourteen) calendar days to withdraw from the sales contract and return or replace products of suitable quality in accordance with the procedure for the implementation of this right established in point 6.3. these terms and conditions.
The buyer's right to withdraw from the contract and to return or exchange products of suitable quality does not apply to sales contracts (Orders of Goods) for:
Goods manufactured according to the Buyer's special instructions, which are not pre-manufactured and manufactured according to the Buyer's personal choice or direction, or Goods which are expressly intended for the Buyer's personal needs;
packaged Products that have been unpacked after delivery and are unsuitable for return due to health or hygiene reasons;
Products which, due to their nature, are inextricably mixed with other goods after delivery.
If the Buyer would like to exercise the right to withdraw from the contract provided for in clause 6.1 of the Agreement. point, the aforementioned Buyer must send the Seller a free form request for return or exchange of the Product together with a copy of the document confirming payment for the Product (VAT invoice or payment transaction statement) by e-mail. specified in the electronic store within 14 (fourteen) calendar days from the day the Buyer accepted the ordered Product, or if the Product order contained more than one Product - from the day the Buyer accepted the last Product in that Product order.
If the Buyer exercises the right to withdraw from the contract in accordance with the procedure set forth in point 6.3. the provisions of clauses, the obligations of the Parties to perform the purchase and sale contract expire, except for the Buyer's obligation according to Rules 6.5. and 6.6. to return the Product to the Seller (if the Product was received before the cancellation of the contract) and to pay the Seller for the services provided or purchased products under additional contracts (if the services were provided to the Buyer or purchased by the Buyer). goods under additional contracts before contract cancellation), and the Seller's obligation under 6.7. to return to the Buyer the money paid for the Product and the costs of its delivery to the Buyer, in accordance with the provisions of the Clause of these Rules.
If the Buyer exercises the right to withdraw from the contract in accordance with the procedure set forth in point 6.3. in clauses, additional contracts under which the Buyer acquires goods or services related to the concluded sales contract, when those goods or services are provided by the Seller or another person under the contract with the Seller, are automatically terminated. without any additional costs to the Buyer. The Buyer must return to the Seller the amount proportional to the goods or services purchased under additional contracts, which were granted until the moment when the Buyer submitted a notice of contract cancellation to the Seller in accordance with the procedure set forth in clause 6.3. these terms and conditions.
The Buyer, having submitted a request to return or replace the Product in accordance with the procedure set forth in these Rules, must send or deliver the Product to his or at his own expense, the Product is returned to the Seller or another person authorized by him. The buyer bears all direct costs of returning the product.
After returning the product according to the procedure provided in clause 6.6. points, the Seller, having assessed its quality, must return to the Buyer all the money paid for the Product, except for the exceptions provided for in point 6.9. clauses, and the costs of its delivery to the Buyer, with the exception of additional costs incurred by the Buyer without choosing the cheapest method of delivery of the Product offered by the Seller.

The Product returned by the Buyer must be undamaged, in its original, neat packaging (with original labels and protective film/bags intact and complete), with all the accessories it was sold with, with the instruction and warranty document (if the Product came with one) and unused.
The Seller has the right to refuse to accept the Product returned by the Buyer, if the returned Product does not meet the requirements set out in point 6.8. clause 6.2 regarding the Buyer's actions, which are not necessary to determine the nature, characteristics and functioning of the Product, or when the Product is not suitable for return on the grounds provided for in clause 6.2. these terms and conditions.
When the buyer acquires a low-quality Product, its defects are eliminated and the low-quality goods are replaced and returned in the following manner and taking into account the requirements of the legal acts of the Republic of Lithuania.
If the Buyer purchases a poor-quality Product and notes about it in the Product Transfer Act (see Clause 2.11 of the Rules), or if the Product is of poor quality due to a manufacturing defect that existed at the time of purchase of the Product or due to non-compliance with the specifications specified by the manufacturer, the Buyer may return the Product and:
request that the Seller eliminate the defects of the Product free of charge within a reasonable period of time, if the defects can be eliminated;
request that the Seller reduce the price of the Product accordingly;
ask the Seller to replace the Product with an analogous product of suitable quality, except in cases where the defects are minor or arise due to the fault of the Buyer;
to ask the Seller to return the price paid for the Product and to cancel the sales contract, when the sale of a low-quality Product is a fundamental violation of the sales contract;
unilaterally terminate the sales contract, except in cases where the lack of the Product is insignificant, and demand the return of the price paid.
The buyer can choose only one of the remedies provided in clause 6.11. You must notify the Seller of the provisions of Clause 6.13 of the Terms and Conditions and about your choice. these terms and conditions. After the buyer chooses the remedy provided for in clause 6.11. If the Seller cannot implement the provisions of the Clause of the Terms and Conditions, the Seller offers an alternative way of defending the rights provided for in 6.11. Terms and conditions. The buyer has no right to change the chosen remedy. The buyer does not have the right to unilaterally terminate the sales contract if the defect of the Product is insignificant.
If the Buyer would like to use the right provided in clause 6.11 to return a defective Product. point, the aforementioned Buyer must send a free-form request to the Seller to return a defective Product by the e-mail specified in the e-shop, specifying the chosen method of redress from those provided for in point 6.11. Terms and Conditions, and provide the Seller with a copy of the document confirming payment for the Product (VAT invoice or payment transaction statement).
The money for the defective Product is returned to the Buyer within 14 (fourteen) calendar days after receiving the Seller's notification about the defective Product; if the Buyer did not return the Product to the Seller, the term specified in this point is calculated from the day the Product was returned to the Seller. By confirming these conditions, the Buyer agrees that the money will be returned to the Buyer's bank account, unless the Buyer and the Seller have agreed otherwise.

7. LIABILITY

The Seller is only responsible for the operation of the e-shop and disruptions in the provision of services, as well as the resulting damage to the Buyer or third parties, if such damage was caused by the Seller's intentional actions.
The Buyer is responsible for illegal actions performed while using the electronic store, including, but not limited to, the correctness of the Personal Data provided by it when registering an Account and/or ordering Goods. The Buyer understands and acknowledges that he is responsible for transferring his data, including Personal Data, to third parties. If the electronic store is used by a third party (using the Buyer's data), the Seller considers this person to be the Buyer and all related obligations fall on the Buyer.
The Seller is not responsible for the non-operation of the E-store and the non-provision or improper provision of services and/or the damage caused to the Buyer, if this occurred due to the fault of third parties or due to circumstances due to which the Seller could. does not control, reasonably foresee or prevent its occurrence or consequences.
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 information provided in the description to the Buyer in the online store. of a specific product.


8. FINAL PROVISIONS

The parties may exchange information electronically, such exchange of information will be considered appropriate and treated in the same way as printed documents. All communication related to the use of the E-store services and/or the execution of the Product purchase-sale agreement is carried out as follows:
The buyer sends all notifications, requirements, requests and questions by e-mail. to the e-mail address specified in the Contacts section of the store;
The Seller sends all notifications and other information to the Buyer through the Buyer's Account or by e-mail to the address specified at the time of placing the Product order. It is considered that the said notification was received by the Buyer within 12 hours after it was sent;
The Buyer is also considered properly informed about the Seller's notifications in accordance with these Terms and Conditions, if the relevant information is provided to the Buyer by a call or SMS message to the phone number in the Buyer's account or specified at the time. when placing an order for the Product.
The conditions are prepared in accordance with the legal acts of the Republic of Lithuania.
All disagreements arising from the implementation of these Terms and Conditions shall be resolved through negotiations. If no agreement is reached within 14 (fourteen) days, the dispute shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
The Buyer, who does not agree with the Seller's response to the Buyer's written claim, may submit a request/complaint regarding the Goods purchased in the Electronic Store to the State Consumer Rights Protection Service (Vilniaus St. 25, 01402 Vilnius, e-mail tarnyba@vvtat). .lt, tel.8 5 262 6751, fax +370 5 279 1466, website www.vvtat.lt) or in its county offices, or by filling out the request form on the ODR platform https://ec.europa.eu/odr/.