Rules on the purchase and sale

GENERAL CONDITIONS

  • The Buyer confirms the Terms and Conditions by familiarizing himself with the rules for the purchase and sale of products in the electronic store Kvepiasakai.lt. The Rules approved in this way shall be a binding legal document for the Parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of the products and payment for them, the procedure for delivery and return of the products, the liability of the Parties and other conditions related to the purchase - sale of products.
  • By creating an account at kvepiasakai.lt, the Customer accepts the Terms and Conditions during the first registration. Once the Buyer has accepted the Terms and Conditions, a long-term sales contract shall be concluded between the Buyer and the Seller at the time of the first registration (account creation). The Terms and Conditions approved at the time of the first registration shall apply to all purchases made by the Buyer until the updated Terms and Conditions are published. Information about updates to the Terms and Conditions is available on the Kvepiasakai.lt website.
  • Only Buyers, as defined in Clause 1.3 of the Terms and Conditions, are entitled to purchase kvepiasakai.lt. By accepting the Terms and Conditions and having read the Personal Data Protection Policy, the Buyer confirms that he/she is entitled to purchase products at Kvepiasakai.lt.
  • In case of necessity or under the circumstances provided for by the legislation of the Republic of Lithuania, the Seller shall have the right to change, amend or supplement the Terms and Conditions.
  • If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, it shall in all cases be the Buyer's responsibility to provide the Seller with a valid e-mail address belonging to the Buyer.

 

THE TERM OF THE BEGINNING OF THE SALES RELATIONSHIP

  • The order of products shall be deemed to be the moment of creation of the legal relationship of sale and purchase, regardless of whether or not the order is placed by registering (creating an account) with Kvepiasakai.lt.
  • When ordering products, the Buyer is obliged to specify his/her Personal Data necessary for the proper execution of the order, as provided for in the Privacy Policy, in the relevant information fields provided by the Seller.
  • When the Buyer, having selected the products or services to be purchased and formed a shopping cart, completes all the steps of the order, the last of which is the selection and confirmation of the payment method, it shall be deemed that a legal relationship of sale and purchase has been established and that a contract of sale and purchase has been concluded between the Seller and the Buyer.


RIGHTS AND OBLIGATIONS OF THE BUYER AND SELLER

  • The Customer shall have the right to purchase products and order services at Kvepiasakai.lt in accordance with these Terms and Conditions.
  • The Buyer shall have the right to cancel the order in accordance with the procedure set out in these Terms and Conditions.
  • The Buyer shall have the right to withdraw from the Contract in accordance with the procedures set out in these Conditions.
  • The Buyer has the right to exchange or return the purchased products in accordance with the procedure set out in the Regulations.
  • The Buyer shall have other rights set out in these Terms and Conditions, the personal data protection rules and the legislation of the Republic of Lithuania.
    The Buyer, using kvepiasakai.lt , is obliged to fulfill his/her obligations, to comply with these Terms and Conditions, the Personal Data Protection Rules, other terms and conditions explicitly stated on Kvepiasakai.lt , as well as to abide by the legislation of the Republic of Lithuania.
  • The Buyer shall pay for and accept the products or services ordered in accordance with these Conditions.
  • If the Buyer chooses to collect the products from a collection centre, the Buyer must collect the products from the selected collection centre within the time limits set out in the Terms and Conditions.
  • The Seller has the right to modify, suspend or discontinue some or part of the functions of kvepiasakai.lt, as well as to change the layout of the elements of Kvepiasakai.lt.
  • The Seller has the right to suspend or terminate kvepiasakai.lt. In such a case, all accepted and confirmed orders of the Buyer shall be terminated and no new orders shall be accepted.
  • In the event of a significant change in the conditions for the provision of services (e.g. change in market conditions, change in legislation, etc.), the Seller shall have the right to change the scope or manner of provision of the services provided at kvepiasakai.lt, suspend, terminate or charge for the services or part of the services. In the event of the Buyer's disagreement, the Buyer's order shall be cancelled.
  • If the Buyer attempts to interfere with the operation of Kvepiasakai.lt. The Seller has the right to immediately and without prior notice restrict or suspend the Buyer's access to kvepiasakai.lt or, in exceptional cases, to cancel the Buyer's Account.
  • The Seller shall have the right to cancel the Buyer's order without prior notice to the Buyer if the Seller fails to contact the Buyer within 2 (two) working days after the order has been placed, or if the Buyer does not provide the Seller with the requested information within the time limit specified by the Seller, or if the Buyer does not provide the Seller with the Buyer's consent to the verification of his/her personal data.
  • The Seller shall have other rights provided for in these Terms and Conditions, the Personal Data Protection Rules and other legal acts of the Republic of Lithuania.
  • The Seller undertakes to enable the Buyer to use the services provided by Kvepiasakai.lt in accordance with these Terms and Conditions.
  • The Seller undertakes to provide the Buyer with clear and comprehensible information as set out in Article 6.2287 of the Civil Code of the Republic of Lithuania.
  • Inform the Buyer prior to placing the order of the suspension or termination of functions that are essential for the execution of the order. The provision of information to kvepiasakai.lt shall be deemed to be adequate notification. Once the Seller has accepted the Buyer's order, the Buyer shall be informed of the suspension or discontinuation of the functions of kvepiasakai.lt that are relevant for the fulfilment of this order by one of the contact details provided by the Buyer (by telephone, by text message, or by e-mail).
  • The Seller undertakes to deliver the products ordered by the Buyer and to accept the Buyer's return of the products, subject to the terms and conditions set out in the Rules.
    If the Seller is unable to deliver the products ordered to the Buyer due to important circumstances, the Seller undertakes to offer the Buyer an analogous or, as far as possible, similar product. If the Buyer refuses to accept the products offered as analogous or similar, the Seller undertakes to refund the Buyer the money paid within 14 (fourteen) working days in the case of prepayment, and to cancel the order in all cases.
  • If the Seller disagrees with the Buyer's claims, the Seller must provide the Consumer with a detailed reasoned written reply within 14 (fourteen) calendar days from the date of receipt of the Buyer's request, unless otherwise provided for by the legislation of the Republic of Lithuania and the European Union.

 

PRICES, PAYMENT PROCEDURES AND TERMS

  • The prices of the products in the order placed with Kvepiasakai.lt shall be quoted in euros, including the VAT rate applicable at the time in accordance with the law.
    The Buyer may pay for the goods ordered using electronic banking.
  • When the Seller receives payment for the products, the order is confirmed and the delivery period starts.
  • By accepting the Terms and Conditions, the Buyer agrees that the purchase documents - VAT invoices - shall be submitted electronically to the e-mail address indicated in the Buyer's registration form immediately after the completion of the order. The VAT invoices shall specify the products selected, the quantity, the discounts to be granted, the final price of the products, including all taxes, and any other data required to be submitted in accordance with the accounting legislation.
  • The price of the products may not change after the Seller has confirmed the order, unless the price of the products has changed as a result of a technical error in the information systems, the correction of obvious (erroneous) errors or other objective material reasons beyond the Seller's control (subject to proof of such reasons). If in such case the Buyer does not agree to purchase the product at the new price, the Buyer may cancel the order by informing the Seller within 2 (two) working days. In the event of cancellation in accordance with the procedure set out in this clause, the Buyer shall receive a full refund of all sums paid by him.

 

DELIVERY

  • When ordering products, the Buyer may choose one of the delivery methods.
    Where home or other delivery is chosen, the Buyer undertakes to specify the exact address. If the Buyer is unable to collect the goods himself and the goods are delivered to the address indicated by the Buyer, the Buyer shall not be entitled to claim against the Seller for delivery to the wrong person.
    If the Buyer chooses to have the Products delivered to an Omniva post office during the order process, the parcel must be collected from the Omniva post office within 3 calendar days after the Buyer has been informed of the receipt of the parcel by email or SMS.
  • The Seller shall deliver the Products to the Buyer in accordance with the terms set out in the descriptions of the Products. These time limits are provisional and do not apply in cases where the Seller does not have the products in stock and the Buyer is informed of a shortage of the products ordered.
  • By accepting these Terms and Conditions, the Buyer agrees that in exceptional circumstances the delivery of the Products may be delayed due to unforeseen circumstances beyond the Seller's control. In such event, the Seller undertakes to contact the Buyer immediately to agree the terms and conditions of delivery. If the Seller fails to deliver the products within the time limit and the Parties do not agree on an additional time limit for delivery of the products, the Buyer may exercise the right set out in the Terms and Conditions to withdraw from the contract for the sale of products or services.
  • The Seller shall be exempted from liability for breach of the time limits for the delivery of the Products if the Products are not delivered to the Buyer or are not delivered on time due to the fault of third parties unrelated and/or independent of the Seller, or due to circumstances beyond the Buyer's control.
  • At the time of delivery of the Products to the Buyer, the Buyer shall inspect the condition of the consignment and the Product(s) together with the Seller or its authorised representative and sign the document of delivery and acceptance. Once the Buyer has signed the document of delivery and acceptance of the consignment, the products shall be deemed to have been handed over in good condition, and there shall be no defects attributable to defects other than manufacturing defects and no inconsistencies in the assembly of the product(s) (such as can be detected by an external inspection of the products). If the Buyer notices that the packaging of the delivered product(s) is damaged (crumpled, wet or otherwise externally damaged), that the product(s) is/are damaged and/or that the product(s) is/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 between the consignment and/or the product(s). If the Buyer fails to do so, the Seller shall be exempted from liability for damage to the products, where such damage is not due to manufacturing defects, and for non-conformities in the assembly of the products, only if such non-conformities can be detected by an external inspection of the products.
  • The risk of accidental loss or damage to the products shall pass to the Buyer from the moment the products are handed over to the Buyer.
  • If the Buyer fails to collect the products within the time limit or fails to deliver them to the Buyer and the Buyer has paid for the products 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 products or fails to deliver them, such products shall be returned to the Seller, the order shall be cancelled, and the Buyer shall be refunded the money paid for the products, less the delivery and return fee, if applicable, and an administrative fee of 2 Euros (which is applicable due to the Seller's taxes on bank transfers).

 

GUARANTEE OF PRODUCT QUALITY

  • The characteristics of each item sold by Kvepiasakai.lt are specified in the description of each item.
  • The products offered for purchase by the seller are of satisfactory quality, i.e. the characteristics of the products are as described. The product is in conformity with the contract of sale for consumer use if:
    1. the product corresponds to the description given by the Seller and has the same characteristics as the product that the Seller has provided as a sample or model when advertising that product on Kvepiasakai.lt;
    2. the product is suitable for the type of use for which the product is normally used;
    3. the item meets the quality characteristics which are generally characteristic of products of the same nature and which the Buyer can reasonably expect from the nature of the item and from the public statements, including advertising and labelling, made by the manufacturer of the item, its representative or the seller, as to the item's particular characteristics.
  • The Seller shall not be liable for the fact that the size, shape, colour or other parameters of the products on Kvepiasakai.lt may not correspond to the actual size, shape, colour or other parameters of the products due to the Buyer's computer screen, other device features or other technical reasons beyond the control of the Seller. The Buyer is advised to read the description of the product.
  • The Seller offers a quality guarantee for different types of products for a certain period of time, the specific term and other conditions of which are indicated in the description of such products or in the invoice accompanying the product, which corresponds to the warranty card.
  • The quality guarantee provided by the trader does not limit or restrict consumers' rights under the law in the event of a defective product or service.

 

WITHDRAWAL FROM THE SALE AND PURCHASE AGREEMENT

  • The Buyer shall have the right to withdraw from the contract of sale of the Products by notifying the Seller within 14 (fourteen) days without giving any reason. The Buyer may not exercise this right in the event of conclusion of one of the contracts listed in Article 6.22810(2) of the Civil Code of the Republic of Lithuania.
  • The Buyer shall notify the Seller of the cancellation of the Purchase and Sale Contract by e-mail to uzsakymai@kvepiasakai.lt. Upon receipt from the Seller, the Buyer shall fill in the model withdrawal form or provide a clear statement setting out his decision to withdraw from the contract. The notice of withdrawal shall be sent by email to uzsakymai@kvepiasakai.lt. Upon receipt of the Buyer's notification, the Seller shall send the model withdrawal form within 2 working days and confirmation of receipt of the withdrawal within 2 working days.
  • The 14 (fourteen) day period for exercising the right of withdrawal is calculated as follows:
    a. in the case of a contract of sale, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the product ordered;
    b. if 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;
    c. if the product is delivered in different lots or instalments, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last lot or instalment;
    d. in the case of a contract for the regular delivery of products within a fixed period, from the date on which the first product is received by the Buyer or by a person designated by the Buyer other than the carrier.

 

RETURN AND EXCHANGE POLICY

  • The Buyer shall have the right to replace the products within 14 (fourteen) days from the date of handover of the Products to the Buyer with similar products of a different size, shape, colour, model or finish. If the replacement of the products 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 specified returned goods, shall be sent by e-mail to uzsakymai@kvepiasakai.lt.
  • If the Buyer does not like the shape, size, colour, model or completeness of the purchased products, the products shall be exchanged and returned in accordance with the "Rules of Retail Trade" approved by the Government of the Republic of Lithuania by Resolution No.738 of 22 July 2014, and the products provided for in Clause 17 - shall not be exchanged or returned.
  • Upon receipt of the products, the Seller undertakes to replace them with the same products only in the shape, size, colour, model or complete set 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 Product has not been returned by the Buyer to the Seller, the time limit provided for in this clause shall run from the date of the return of the Product to the Seller.
  • When returning an item, it is the buyer's responsibility to ensure its smooth and safe arrival at the seller.
  • By accepting these Terms and Conditions, the Buyer agrees to a refund to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller.

 

RULES ON REPLACING AND RETURNING FAULTY PRODUCTS

  • The defects of the sold products shall be eliminated, the defective products shall be replaced and returned in accordance with the procedure set out in the Rules and taking into account the requirements of the legal acts of the Republic of Lithuania.
  • If it turns out that the product has been irreparably damaged during the warranty period due to the fault of the manufacturer (faulty product), the faulty product will be replaced by another product of the same quality, or, failing that, you will be refunded the money you paid for the product.
  • All gifts accompanying the purchased product must be returned at the same time, unless the purchased product is being returned because of a defect in its quality and the accompanying gifts have, by their nature, been consumed within the period between the purchase of the product and the discovery of the defect in the product, or the shelf-life of such gifts has expired.
  • When returning the products, the Buyer must provide the sender's address and pack the product properly so that it is not damaged during shipment. The Seller will not refund money for goods that have been damaged during shipping. 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 during the course of shipment.
  • The Buyer may return the Products by courier or by sending them through a post office. The Products 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 money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notice of withdrawal, and if the Product has not been returned by the Buyer to the Seller, the time limit provided for in this clause shall be calculated from the date of the return of the Product 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.
  • By accepting these Terms and Conditions, the Buyer agrees to a refund to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller.

 

RESPONSIBILITIES

  • The Buyer is responsible for the actions carried out using Kvepiasakai.lt.
  • Once registered, the Buyer is responsible for the storage and/or transfer of his/her login data to third parties. If the services provided by Kvepiasakai.lt are used by a third party who has logged in to Kvepiasakai.lt using the Buyer's login data, the Seller shall consider this person as the Buyer.
  • The Seller shall be exempted from any liability in cases where the loss is caused by the Buyer's failure to read these Terms and Conditions and the Personal Data Protection Regulations, despite having been given the opportunity to do so, in accordance with the Seller's recommendations and obligations.


FINAL PROVISIONS

  • The Seller shall, in accordance with the provisions of these Terms and Conditions and the Personal Data Protection Regulations, send all notifications to the e-mail address provided by the Buyer at the time of registration or when ordering the Products, or by SMS to the telephone number provided by the Buyer.
  • The Buyer shall send all notifications and questions to the Seller's kvepiasakai.lt in the "Contacts" section using the contact means indicated.
    Any disagreements arising from the application of these Rules shall be settled by negotiation. In the event of failure to reach an agreement within 20 (twenty) calendar days, disputes shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania.
  • In case the Buyer does not agree 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 at kvepiasakai.lt to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, 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 https://ec.europa.eu/odr/.
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