Terms and Conditions
2021-12-13 version of the Rules
UAB „Hempt Corporation“
Rules of Purchase and Sale of Online store https://hempt.com/
1. 1. Unless the context of the Rules requires otherwise, the terms in capital letters in these Rules and their Annexes shall have the meanings set out below:
the Rules mean these UAB „Hempt Corporation“ online store at https://hempt.com/ Rules of purchase and sale of goods, including all their annexes, amendments, and / or additions to the Rules.
UAB Hempt Corporation, registered office address Paupio str. 46, LT-11341 Vilnius, Republic of Lithuania, legal entity code 304989109, VAT payer code LT100012160210.
1) a natural person whose legal capacity is not restricted by court order; 2) a minor between the ages of fourteen and eighteen who has the consent of his parents or guardians (caregivers), except in cases where he is emancipated; 3) a legal person; 4) duly authorized adult representatives of all the above-mentioned persons purchasing in the Seller's Online Store or using other services of the Seller's Online Store.
in the context and scope of these Rules, the Party may be either the Seller or the Buyer, and the Seller and the Buyer together may be referred to as the Parties.
Items and goods offered to purchase in the Seller‘s Online Store.
Seller's online store at https://hempt.com/.
2. GENERAL PROVISIONS
2. 1. These Rules set out the general conditions for using the Online Store. The Rules apply to all actions performed by the Parties in the Online Store, e. g. for all purchase transactions of the Goods, or in cases when the Buyer uses the Online Store, or the services provided in the Online Store.
2. 2. These Rules, upon submission, confirmation, and payment for the Goods, also become an agreement between the Parties, i. e. a binding legal document setting out the rights and obligations of the Buyer and the Seller, the conditions for purchasing and paying for the Goods, the procedure for delivery and return of the Goods, the liability of the Parties and other provisions related to the purchase and sale of the Goods from the Seller's Online Store.
2. 3. The Buyer shall have the right to purchase the Goods sold by the Seller only if he has read and unconditionally agrees with these Rules. If the Buyer does not agree with the provisions outlined in these Rules, it is recommended to contact the Seller directly with the contact details specified in these Rules.
3. BUYER‘S RIGHTS
The Buyer shall have the right:
3. 1. To purchase and receive the Goods from the Seller's Online Store, after reading and agreeing to the Rules, and following the procedure established by these Rules.
3. 2. The Buyer, who is a consumer, has the right to withdraw from the remote (off-premises) purchase and sale agreement of the Goods (as established in Civil Code of the Republic of Lithuania, except in cases provided for in these Rules and applicable laws) concluded with the Seller by notifying the Seller in writing via the Seller's e-mail: email@example.com, indicating the item the Buyer wishes to return.
3. 3. The Buyer may exercise the right provided for in Clause 2 of the Rules within 14 (fourteen) days from the receipt of the Goods (i.e., from the moment of actual delivery to the Buyer) only if the received Goods have not been damaged or unpacked, are suitable for return due to health protection or hygiene reasons, and may be returned under the legal acts of the Republic of Lithuania. The Buyer’s right to withdraw from a remote contract (off-premises contract) does not apply to the contracts listed in Clause 10.11 of these Rules.
3. 4. Upon the duly withdrawal in accordance with these Rules from remote (off-premises) purchase and sale agreement of the Goods, the Buyer (who is a consumer as established in the Civil Code of the Republic of Lithuania) shall duly return the Goods to the Seller. After which the Seller refunds the full amount paid for the Goods (including the delivery fee). In this case, the Buyer shall pay the costs of returning the Goods at his own expense, and the Seller shall not be obliged to reimburse them.
3. 5. If the Buyer acquires the Goods of poor quality and returns them to the Seller in accordance with these Rules, reasonable costs of returning the Goods shall be borne by the Seller, excluding the exceptions to the return of the Goods as established in these Rules, or applicable legal acts.
4. OBLIGATIONS OF THE BUYER
The Buyer undertakes:
4. 1. To read the Rules and follow them.
4. 2. To carry out shopping in the Seller's Online Store only after unconditionally agreeing to these Rules.
4. 3. When ordering the Goods, provide the Seller with genuine and accurate personal data of the Buyer: name, surname, company name, company/personal code (if required), e-mail, address to which the Goods will be delivered, telephone number, and other data necessary for ordering and delivery of the Goods (if required). If the Buyer's data changes, he must immediately update it on the Online Store and inform the Seller. If the Buyer's data changes after the Goods have been sent to the Buyer according to the data previously provided to the Seller, the Seller shall not be liable for the proper delivery of the Goods to the Buyer and is not liable for any losses incurred as a result.
4. 4. To timely pay for the Goods and accept the Goods in accordance with the procedure established by these Rules.
4. 5. When using the Online Store, the Buyer must fulfill his obligations and comply with these Rules and the legal acts of the Republic of Lithuania.
4. 6. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, in all cases, the Buyer is responsible for providing the Seller with a valid e-mail address belonging to the Buyer.
4. 7. To inform the Seller about the change of contact information or details of the Buyer within 5 (five) working days. If the Buyer fails to inform the Seller of the changed data in time, the Seller shall not be liable in any way for the breach of the purchase and sale agreement of the Goods due to this reason (e. g. if the Seller sends the Goods to the original address specified by the Buyer, even if it has changed).
4. 8. Not to harm the Seller's Online Store, the stability and security of its operation, and not to engage in any illegal activities in the Online Store.
4. 9. Assess whether the Goods are legal in the territory of receipt before placing an order of the Goods. After payment for the Goods in the Online Store, all risks and responsibilities related to the ordered Goods shall be borne by the Buyer under the laws and other legal acts applicable in the territory of receipt of the Goods.
4. 10. Not to provide or share Buyer‘s account login details with third parties, and immediately notify Seller of any signs or actions of any suspicious or potentially illegal use of the Buyer‘s account.
4. 11. Not to create any additional personal accounts or use any third-party personal data to create an account in the Online Store and (or) to receive additional discounts (e. g. a discount on Goods for a newly registered account).
4. 12. Do not use more than one discount code for the same order of Goods in the Online Store, unless the Seller separately and clearly informs the Buyer about such a possibility.
4. 14. Do not copy, distribute or resell the Goods to third parties without the separate written consent of the Seller.
4. 15. By placing an order of the Goods, the Buyer confirms that he has read, understood, and agrees with the Rules (consent is expressed by ticking the box “I have read, and agree with the rules” or another similar confirmation that indicates the agreement to read, and agreement to comply with the Rules). The Buyer shall not place an order of the Goods in the Online Store if he has not read the Rules, and (or) disagrees with them.
5. THE RIGHTS OF THE SELLER
The Seller shall have the right:
5. 1. If the Buyer attempts to compromise the stability and security of the Online Store, or if the Buyer violates his obligations or the Rules, or there is reason to believe that the Buyer engages in illegal activities, or harms third parties, or imitates the purchase of Goods offered by the Seller, the Seller has the right to immediately and without notice restrict or suspend the Buyer‘s access to the Seller's Online Store (including the suspension or termination of the Buyer's account).
5. 2. Cancel the Buyer's order, if the data provided by the Buyer is incorrect and (or) all the required actions for the normal execution of the Order of Goods are not performed, as well as if the Buyer violates the obligations of the Buyer and the rights of the Seller established in the Rules. Performing this action does not deprive the Buyer of the right to submit a new order for the Goods after providing the correct data.
5. 3. The Seller also has the right to terminate the Goods purchase agreement if the stock of the Goods has run out, if due to a technical error the inaccurate quantity of the Goods was displayed in the Online Store, if it became clear that, after confirming the order of the Goods, the Goods were previously ordered by another buyer and the Goods are no longer sufficient for the Buyer, as well as if the purchase agreement was concluded by a Buyer who was not entitled to enter into the Agreement under these Rules. The balance of the Goods in the warehouse and in the Online Store may not coincide in exceptional cases, therefore the possibility remains that the delivery terms may differ from those specified at the time of placing the order and / or the Seller will not be able to fulfill the Buyer's order or fulfill only part of it.
5. 4. Refuse to execute or suspend the Buyer's order when the Buyer orders unusually large quantities of the Goods (regardless of whether the Goods are ordered in one order, or several orders placed in a relatively short time) and / or when the Buyer's order (s) have other characteristics of wholesale or commercial purchase.
5. 5. The Seller shall have the right to contact the Buyer by e-mail or phone to ascertain and (or) clarify the details of the order of the Goods, or other issues related to the execution of the order.
5. 6. To change, amend or supplement the Rules at any time, taking into account the requirements established by legal acts. The new version of the Rules, additions, or amendments to the Rules shall enter into force upon their publication, i. e. when they are published in the Seller’s Online Store. After the publication of the new version of the Rules, its amendments or additions, the new version of the Rules shall apply to all new orders of the Goods and the relations between the Buyer and the Seller. The Buyer can read the latest version of the Rules online at https://hempt.com/terms-and-conditions.
5. 7. To modify or temporarily or permanently remove the Online Store (at https://hempt.com/) and all or part of the information contained therein, including prices and other related information, without notice to Buyer.
5. 8. Not to return the amounts paid by the Buyer until the Buyer has returned the Goods to the Seller.
5. 9. Not to return the amounts paid by the Buyer, if the Goods do not comply with the requirements provided in Clause 3 of the Rules.
5. 10. Without the separate consent and / or confirmation of the Buyer to cancel unpaid order of the Goods made by the Buyer, if the payment for the Goods has not been made within 2 (two) business days.
5. 11. Without prior notice to the Buyer, to change the prices of the Goods, the methods of payment, and / or delivery of the Goods.
5. 12. Request the Buyer to complete a return or exchange form (if applicable).
6. OBLIGATIONS OF THE SELLER
The Seller undertakes:
6. 2. Upon receipt of the Buyer's payment, deliver (at the address specified by the Buyer) the Goods ordered by the Buyer following the conditions outlined in the Rules and the manner of delivery selected during the order.
6. 3. If it turns out that the Seller does not have the Goods ordered by the Buyer, the Seller undertakes to offer a analogous or similar as possible Goods. If the Buyer refuses to accept an analogous or similar Goods, the Seller undertakes to refund the Buyer within 14 (fourteen) days from the moment of refusal to accept other (similar) Goods, if a prepayment is already made.
6. 4. In the cases specified in these Rules, the Seller shall refund the amounts related to the Goods to the Buyer within 14 (fourteen) days by bank transfer, unless the Buyer and the Seller agree otherwise in writing. Due to possible delays in bank payments, the refunded amount may be credited to the Buyer later than within 14 (fourteen) days nevertheless, upon timely payment by the Seller (money transfer operation), the amounts related to the ordering of the Goods shall be deemed to have been refunded in time.
7. PROCEDURE FOR PAYMENT OF GOODS
7. 1. The prices of the goods in the Online Store are indicated in euros with VAT included (unless otherwise specified). The Goods are sold to the Buyer at the prices valid in the Online Store at the moment of placing the Goods order. If the Buyer chooses to view and (or) deliver the Goods outside the territory of the Republic of Lithuania, the prices of the Goods in the Online Store may be indicated in another currency.
7. 2. Delivery price of the Goods and other taxes (e. g. customs duties) are not included in the price of the Goods. The final price of the Goods (excluding additional taxes paid by the Buyer) is provided to the Buyer before the order confirmation.
7. 3. The Buyer pays for the Goods in advance using electronic banking or other payment methods specified in the Online Store. If the Buyer chooses to pay via electronic banking, the Buyer will be able to make payments using the platforms and services of electronic banking intermediaries (e. g. Paysera, Paytriot payments, etc.).
7. 4. The Buyer pays the price of the Goods in advance (i. e. before the Goods are sent to the Seller).
7. 5. After the Buyer has confirmed the order and successfully paid the price for the Goods, a confirmation e-mail and/or a short SMS message will be sent to the e-mail address and/or telephone number provided by the Buyer.
7. 6. The order of the Goods shall be executed when the Buyer duly pays the Seller for the Goods, and the e-mail and / or short SMS message with confirmation specified in clause 5 is sent to the Buyer.
7. 7. The e-mail sent to the Buyer and / or the short SMS message with the confirmation may contain the information related to his specific order for the Goods (e. g. the names of the Goods, the quantities of the Goods, the price, etc.).
7. 8. The Buyer's order may be canceled if the data of: (i) cities, (ii) streets, (iii) telephone numbers, (iv) banks, (v) selected payment data, and other data is false or incorrect, or other obligations of the Buyer provided for in these Rules are not fulfilled. The Seller has unilateral right to assess the reliability of the data provided.
7. 9. The delivery fee for the Goods ordered by the Buyer is variable and is indicated in the final stage of ordering the Goods in the Online Store before making the payment.
7. 10. The Buyer confirms that the VAT invoice may be submitted to the Buyer both by e-mail and with the delivered Goods (physically).
7. 11. After the Buyer has ordered and paid for the Goods, the price of the Goods may be changed only in exceptional cases: (i) due to a technical error in the information systems (e. g. the price of the Goods is irrationally low); (ii) other objective substantial reasons beyond the control of the Seller (in the presence of evidence substantiating these reasons). If the Buyer does not agree to purchase the Goods for the newly indicated price, the Buyer has the right to contact the Seller at firstname.lastname@example.org and cancel the order by informing the Seller within 2 (two) working days. The Seller undertakes to refund the Buyer all amounts paid in accordance with the procedure provided for in Clause 4 of these Rules.
8. DELIVERY OF THE GOODS
8. 1. When ordering the Goods, the Buyer undertakes to indicate the exact address of the place of delivery of the Goods, the data of the person collecting the Goods, and the contact telephone number, and e-mail.
8. 2. The Buyer undertakes that the Goods will be picked up by the person whose required data is provided when placing the order. When collecting the Goods, the Buyer must have an identity document (e. g. passport or identity card) with him. If the Buyer is unable to sign electronic or other documents (if required) due to disability, illness, or other reasons, he shall be signed on his behalf by a person authorized by him. If the Goods are collected not by the Buyer, the person collecting the Goods must submit a valid power of attorney, or the Buyer must inform the Seller in writing and in advance about the person collecting the Goods. If the Buyer is unable to collect the Goods himself and the Goods are delivered to the address specified by the Buyer and based on other data provided by the Buyer, the Buyer shall not be entitled to make claims to the Seller regarding the delivery of the Goods to the wrong person/entity. If the Buyer or the Buyer's duly authorized consignee of the Goods is not found at the delivery address specified in the Seller's Online Store, the Seller or its authorized and/or delivery person shall have the right to deliver the Goods to any other adult at the specified address. In this case, the Seller shall not make any claims regarding the delivery of the Goods to the wrong entity. In case the delivery of the Goods is not performed by the Seller, but by an authorized parcel delivery company, the Buyer must follow and follow the rules and procedures of the respective parcel delivery company.
8. 3. Within the territory of the Republic of Lithuania, the Goods are delivered by courier service providers, i. e. depending on the Buyer's choice: i) the Goods are delivered directly to the specified address, or ii) are delivered and left at the selected parcel terminal. In other countries of the European Union and countries outside the European Union, the Goods are delivered using courier service providers to the address directly indicated by the Buyer.
8. 4. Preliminary delivery terms of the Goods are provided in the Online Store's description of the Goods (if any), or in the final stage of ordering the Goods. When the Buyer orders more than one item with different delivery terms, the Seller delivers the Goods within the longest time specified in the description of the Goods (or elsewhere before confirming the order of the Goods) (if any), or within the period specified in the final order form (if specified), otherwise within a reasonable time limit. These terms do not apply in cases where the Seller does not have the required Goods and the Buyer is informed personally or the information about the shortage of the Goods is provided in the Online Store. At the same time, 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 cases the Seller undertakes to deliver the Goods not later than within 30 (thirty) days from the order of the Goods).
8. 5. The Seller has the right, at his discretion, to split the Buyer's order of the Goods and deliver the Goods separately without the separate consent of the Buyer.
8. 6. In all cases, the Seller shall be released from liability for violation of the terms of the delivery, if the Goods are not delivered to the Buyer or are not delivered on time, due to the fault of the Buyer or due to circumstances within the Buyer's control.
8. 7. During the delivery of the Goods, the Buyer is allowed to check the condition of the Goods together with the courier (except when the Goods are delivered to the parcel terminal). After the Buyer has signed the invoice (bill of lading) or other documents of delivery-acceptance of the delivery or confirms the acceptance of the Goods by other means, it is considered that the Goods are delivered in proper condition. If the Buyer notices that the packaging of the delivered Goods is damaged (e. g. wrinkled, wet, or otherwise externally damaged), the Buyer must indicate this on the invoice (bill of lading) or other documents of delivery-acceptance of the consignment and in the presence of a courier (except when delivered to the parcel terminal) and to draft a free-form consignment infringement report. If the Buyer fails to do so, the Seller shall be released from liability to the Buyer for damage to the Goods, if such damage was caused by damage to the packaging, which the Buyer did not mark following the above procedure.
8. 8. After proper delivery of the Goods to the Buyer, the Buyer shall be liable for the damage to the Goods. The courier service (the company providing parcel transport services) is liable for the damage caused to the Goods during the dispatch of the Goods. The Seller shall be liable for damage to the Goods prior to the transfer of the Goods to the courier service.
8. 9. The Seller shall unilaterally set the delivery prices of the Goods. The prices are provided to the Buyer before the final confirmation of the order of the Goods. The Seller may (but is not obliged to) reduce or not apply the delivery fee if the Buyer orders the Goods for the specified price.
8. 10. The final price of the Goods includes all amounts payable, including delivery costs, except any additional applicable taxes, such as customs duties, taxes, and other fees/payments. The burden of paying the additional charges shall be borne in full by the Buyer and the Seller shall not be obliged to reimburse any specified additional charges. Failure to deliver the Goods or late delivery due to unpaid additional fees and/or other reasons shall not be considered the responsibility of the Seller.
8. 11. If the Buyer does not pick up the Goods from the parcel terminal and the courier service returns the parcel to the Seller, the Buyer will be refunded after deducting the incurred costs of sending (returning) the Goods.
8. 12. If the unordered, different quantity of Goods have been delivered to the Buyer, the Buyer must immediately, but no later than within 7 (seven) working days, inform the Seller by e-mail address: email@example.com. If the Buyer shall receive defective Goods, the Seller undertakes to replace them with suitable ones and to collect the excess Goods from the Buyer, and/or to provide the missing quantity of the Goods.
9. QUALITY WARRANTY AND EXPIRATION
9. 1. The characteristics of each Good sold in the Seller's Online Store are indicated in the description of each item.
9. 2. The Seller is not responsible if the image of the Goods in the Online Store may not match the actual size, shape, and color of the Goods due to the characteristics of the display (monitor) used by the Buyer or due to other factors that may distort or change the image. The Buyer confirms and understands that the photos (images) of the Goods in the Online Store are intended for illustrative purposes only and are therefore subject to the characteristics of the Goods indicated in the descriptions of the Goods (if any). The Seller is not responsible if the packaging of the Goods in the Online Store may differ from the actual packaging of the Goods (provided to the Buyer). The Buyer confirms understanding that the packaging of the Goods may be renewed and that the Goods may be sent to the Buyer in an older (non-renewed) packaging.
9. 3. The statutory warranty period for non-food Goods starts from the moment of delivery to the Buyer. During the warranty period, the Buyer (consumer) has the right to demand: 1) the Goods to be replaced with Goods of appropriate quality, except in cases where the defects are minor or they are caused due to the Buyer's fault; 2) to reduce the purchase price accordingly; 3) the Seller to eliminate the defects of the Goods within a reasonable time free of charge or reimburses the costs of repair if the defects can be repaired; 4) return the paid price and withdraw from the purchase agreement when the poor quality of the Goods is a material breach of the agreement. All non-food products have a 2 (two) year quality warranty.
9. 4. In cases where the law sets a certain expiration date for specific Goods, the Seller undertakes to sell such Goods to the Buyer in such a way that the Buyer has a real opportunity to use such Goods before the expiration date.
9. 5. The Buyer returns the Goods independently, i. e. using courier services, and delivers them to the Seller at Paupio str. 46, LT-11341, Vilnius, Republic of Lithuania. The Seller shall refund the Buyer within 14 (fourteen) days from the moment of returning the Goods.
9. 6. The Buyer, seeking to return or replace the non-food Goods due to defects within the established 2 (two) year warranty period, must provide the Seller with a receipt or other document confirming the purchase of the Goods.
9. 7. Non-food Goods of poor quality will be returned during the warranty period (see Clause 3 of the Rules) in accordance with the applicable laws.
9. 8. The warranty does not apply to: (i) food; (ii) Goods, which have signs of disassembly, and/or mechanical damage; (iii) Goods which have been used not for their intended purpose; (iv) Goods whose defects are caused due to the fault of the Buyer; (v) Goods with damaged serial stickers; (vi) when the damage is due to environmental factors (improper storage temperature, direct sunlight, contact with water, etc.), force majeure (fire, flood) or accidental external factors; (vii) if the Buyer does not provide a purchase document (copy of an invoice, check, payment order, etc.); (viii) Goods damaged due to the use of non-original accessories and / or parts or other alterations to the Goods.
9. 9. The Seller may indicate the name of the Goods, the supplier, the nutritional / energy value, the expiry date, or a short description (optional) in the Online Store. The Buyer must use the purchased Goods from the Online Store strictly only in accordance with the information provided, as well as the general principles of reasonableness and rationality, otherwise, the Seller shall not be liable in any way for the harm and/or damage caused to the Buyer.
9. 10. The quality warranty provided for in both these Rules and the applicable laws does not apply to the Goods if the price of the Goods in the Online Store is reduced due to defects in the quality, which are publicly disclosed in the Online Store.
9. 11. The Buyer agrees with the fact that due to the storage of the Goods in a warehouse or physical shop, the shelf-life of some Goods may be up to 15 % (fifteen percent) shorter than the declared shelf life of the Goods, but such Goods are still considered to be of full quality.
9. 12. The Buyer can access the reports of laboratory tests of the Goods at https://hempt.com/lab-reports. The Buyer is aware and confirms that it has been duly disclosed that all laboratory tests were performed in the United States of America in accordance with local regulations, and that the reports provided may not comply with European Union law and may be inaccurate. The submitted laboratory reports shall be considered only as a source of information, but shall not in any way bind the Seller and / or create obligations for it.
10. RETURN OF GOODS, WITHDRAWAL OF THE REMOTE PURCHASE AGREEMENT
10. 1. The return of the Goods shall be governed by the Civil Code of the Republic of Lithuania and the Resolution of 2014 July 22nd 738 "On the Approval of Retail Regulations", with all its amendments and supplements.
10. 2. The Buyer, who is a consumer as defined by the Civil Code of the Republic of Lithuania, has the right to withdraw from the remote (off-premises) Goods purchase agreement (except for perishable, short-lived food) within 14 (fourteen) days from the receipt of the Goods, without giving a reason, but by paying the direct costs of returning the Goods, and only if: (i) The Goods have not been used (unpacked), (ii) is undamaged, (iii) its consumables have been preserved, (iv) the Goods have not lost its commercial appearance, (v) it is suitable for return for health or hygiene reasons, (vi) The Goods have not lost its completeness (i. e. all components of the kit returned). The Seller notifies the Buyer in writing by e-mail address: firstname.lastname@example.org. The Seller separately and clearly declares that if the Buyer withdraws from the purchase agreement before actually receiving the Goods, the Seller will make all rational efforts to cancel the performance of the purchase agreement if the Goods ordered by the Buyer are not yet sent to the Buyer. In case the Goods are already sent to the Buyer, the latter must wait for the delivery of the Goods and return them to the Seller in accordance with the procedure established in Clause 2 of the Rules.
10. 3. The Seller requests, and the Buyer ensures that the Buyer puts all effort to comply with the specified requirements for the packaging and protection of the Goods from extraneous damage. The Goods must be: (i) returned in the original packaging as received from the Seller; (ii) undamaged by the Buyer; (iii) without loss of appearance (clean, undamaged label, without peeling off any protective sheet and other accessories specific to the original equipment); (iv) returned unaltered as delivered to Buyer. Requirements for the returned Goods: (i) upon return of the Goods, a document of its acquisition (e. g. an invoice) must be submitted; (ii) the returned Goods must be securely and properly packaged (i. e. to ensure the preservation of their properties during the transportation); (iii) when returning the Goods, the Buyer is responsible for its smooth and safe delivery, and until the moment of delivery to the Seller, the Buyer assumes the risk of accidental loss of the Goods.
10. 4. A legal or natural person purchasing the Goods for non-consumption (commercial use) may not exercise the right established in Clause 2 of the Rules (i. e. the right to withdraw from a remote (off-premises) purchase and sale agreement) as specified in the Civil Code of the Republic of Lithuania.
10. 5. The Buyer, having decided to exercise the right set forth in Clause 2 of these Rules, shall contact the Seller by e-mail address: email@example.com regarding the receipt of the return form. The Buyer submits the filled return form with the document confirming the purchase (e. g. payment order, invoice) to the Seller‘s e-mail address: firstname.lastname@example.org. The Buyer may also provide the return information in free form.
10. 6. The 14 (fourteen) days to exercise the right to withdraw from the remote purchase agreement (unless otherwise specified, for example, see Clause 2 of the Rules) shall be calculated from the day when the Buyer receives the ordered Goods.
10. 7. If the Buyer has withdrawn from the purchase agreement before the Goods have been delivered to him, the Buyer must immediately inform the Seller.
10. 8. The Buyer must return the Goods to the Seller immediately, but no later than within 14 (fourteen) days from the date of submission of the notice of withdrawal from the purchase agreement.
10. 9. The Seller has the right not to refund the money for the Goods: (i) until the Goods are returned from the Buyer or a confirmation of dispatch of the Goods is received (e. g. a delivery note) if the Goods are returned by post or courier; (ii) if the Goods are not complete or properly packaged; (iii) if the Goods are not in the packaging in which they were delivered or the packaging is damaged, untidy or otherwise damaged; (iv) if the Goods are used; (v) if the requirements provided for in Clause 3 of these Rules have been violated; (vi) if the Buyer has not informed the Seller of the return of the Goods.
10. 10. The Buyer shall be liable for the reduction in the value of the Goods, resulting from the unnecessary acts performed in order to determine the nature, characteristics, and functioning of the Goods, as well as for the damage to the Goods.
10. 11. The Buyer shall not be entitled to waive the following types of remote (off-premises) purchase and sale agreements of the Goods: (i) agreements for Goods manufactured in accordance with the special instructions of the Buyer (consumer), which are not pre-manufactured and are manufactured according to the consumer's the choice or instruction, or of goods which are clearly tailored to the Buyer‘s (consumer's) personal needs; (ii) agreements for perishable or short-lived Goods; (iii) agreements for packaged Goods which have been unpacked after delivery and which are ineligible for return for health or hygiene reasons (e. g. cosmetic products which have been opened / damaged in their original packaging); (iv) agreements for Goods which, by their nature, are inseparably mixed with other goods after delivery (for example, Goods of a weighing type).
10. 12. If the Buyer is not satisfied with the delivered perishable (short-lived) Goods and / or their quality, including those Goods that must be stored in the refrigerator according to the manufacturer's temperature regime, the Buyer must contact the Seller no later than within 24 (twenty-four) hours from the delivery of the Goods by e-mail: email@example.com or by phone: +37066611299. When submitting a claim for defective perishable Goods, the Buyer must also provide a photo of the defective Goods received (or the Goods themself) and a detailed description of how the Buyer has established the fact of quality non-compliance. If the Buyer contacts the Seller later than within 24 (twenty-four) hours from the delivery of the Goods – the Buyer loses the right to express any claims regarding the quality of perishable Goods.
11. GENERAL RULE FOR THE USE OF GOODS
11. 1. Irrespective of the Goods, the Buyer undertakes never to exceed the use quantities (doses) specified in the instructions. It is recommended to test a small amount of the Good before using it.
11. 2. The Goods should not be used by pregnant or breastfeeding women, infants, minors, people with diseases or other health disorders, hypersensitivity, allergies and / or other adverse reactions to the ingredients of the Goods.
11. 3. The Buyer understands that the use of the Goods sold in the Online Store may cause undesirable consequences and / or other side effects, therefore the Buyer is held personally responsible for the use of the Goods at his own discretion.
11. 4. The Buyer acknowledges that the use of the Goods may cause various unknown and/or undesirable side effects.
11. 5. The Buyer must independently assess the composition and possibility / permissibility of the Goods (after using the Goods): to drive vehicles, operate higher risk equipment and other vehicles, participate in sports matches and / or other events due to the regulations applicable to this type of action.
11. 6. The Buyer is duly informed that any chemical, mechanical or other treatment and / or other exposure of the Goods (e. g. mixing, cooking, baking, contact with liquids, direct sunlight) may damage the properties of the Goods, and the Buyer undertakes not to perform these actions and to store the Goods properly. Any damage caused by the said actions shall be borne by the Buyer.
11. 7. In individual cases, the Goods may cause allergic reactions and / or other side effects, may be unsuitable for use with other drugs, medical preparations, supplements, therefore, before using the Goods, the Buyer undertakes to visit and consult (if necessary) with his doctor, assess his medical condition and perform other relevant actions to evaluate his health. The Buyer assumes all risk due to the occurrence of possible undesirable consequences.
11. 8. The Seller is not responsible for the use of the Goods and their possible undesirable consequences when the Buyer is ill (as understood in a general sense), also has a predisposition to certain diseases and (or) has other health disorders.
11. 9. If the Buyer notices and / or feels any negative side effects after using the Goods, it is recommended to contact a qualified medical institution immediately.
11. 10. The Goods must be used exclusively during their shelf-life. The Buyer acts solely at his own risk when using the Goods after the expiration date.
12. 1. The Buyer is fully responsible for the accuracy of the data provided in the registration form and the ordering form of the Goods. If the Buyer does not provide accurate data in the registration form and / or the Goods order form, the Seller shall not be liable for the consequences thereof, and the Buyer undertakes to compensate the resulting damage.
12. 2. The Buyer is responsible for illegal actions performed using the Seller's Online Store.
12. 3. The Seller is not and cannot be considered an entity providing medical services and / or such recommendations. The Goods sold in the Online Store are not food, supplements, or medicine. The Goods are not intended to treat or eliminate the causes and symptoms of health problems. Any permits or other approvals for the Goods and their components that are sold in the Online Store have not been issued by the state or international bodies. The information provided in the descriptions of the Goods is general in nature, therefore the Seller is not and cannot be liable in any form and extent for the results (positive / negative) achieved by the Buyer in each case when using the Goods. No statements about the properties of the Goods made in the descriptions on the Online Store are and may not be construed or equated with statements about the healing properties of the Goods.
12. 4. The Buyer may order the Goods only after reading and unconditionally agreeing to these Rules. The Seller is released from any liability in cases where the loss arises due to the fact that the Buyer, notwithstanding the recommendations of the Seller and its obligations, did not read these Rules, even though he was given such an opportunity.
12. 5. If the Seller's Online Store contains external links to the websites of other companies, institutions, organizations or persons, the Seller is not responsible for the information or activities performed there, as the Seller does not maintain, control and does not represent those companies and persons. Links to other websites or resources operated by third parties are for the convenience of Online Store visitors only.
12. 6. The Seller shall not be liable for any loss, damage, expense or expense incurred by the Buyer who is a legal entity in connection with the purchase and sale agreement of the Goods, regardless of the legal basis of such claims, for an amount exceeding the total amount paid by the Buyer for the Goods.
12. 7. Taking into account Article 5, part 1 of the Law of the Republic of Lithuania on Electronic Identification and Trust Services for Electronic Transactions, the Buyer agrees with the Seller that the confirmation of the Buyer's actions in the Online Store with the data of connection to the Online Store (identification code) has the legal force of an electronic signature (i. e. has the same legal force as a signature and is permissible as a means of proof in court). All actions performed using the Buyer's identification code are considered performed by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.
13. ACCOUNT REGISTRATION AND PROTECTION OF PERSONAL DATA
13. 1. Buyer's account registration process in the Seller's Online Store:
13. 1. 1. To register a new personal account in the Seller's Online Store, the Buyer must provide the data requested.
13. 1. 2. Irrespective of who will use the Buyer's account, orders are considered to be submitted by the Buyer (i. e. the person creating the Buyer's personal account), who accordingly has all the rights and obligations provided for in these Rules.
13. 1. 3. The Buyer is responsible for the accuracy of personal and other data provided during the registration in the Online Store.
13. 1. 4. Inquiries regarding the creation, use, or other issues of the Buyer‘s account in the Online Store, shall be submitted to the e-mail address: firstname.lastname@example.org.
13. 1. 5. The Buyer unilaterally decides on the application of the functionality options of the account in the Seller's Online Store (i. e. on such functionality that the Buyer can choose, except for those necessary for ordering the Goods).
13. 1. 6. The Buyer is not obliged to register an account in the Seller's Online Store in order to place an order for the Goods (applies only to natural persons).
13. 1. 7. The Buyer has the unrestricted right to change, supplement or cancel his registration data at any time. The Seller executes the purchase orders of the Goods on the basis of the data provided by the Buyer up to the ordering of the Goods, if the Buyer updates the account data after the ordering of the Goods.
13. 1. 8. Any information related to the personal data which is provided by the Buyer in the Online Store shall be kept confidential and shall not be disclosed to any third parties, except to the extent necessary for the performance of the purchase and delivery of the Goods and in other cases, if required under the applicable laws.
13. 1. 10. By creating an account in the Online Store and ordering the Goods, the Buyer confirms that he has all the rights, permissions and consents to create such an account, use the Online Store and purchase the Goods.
14. FINAL PROVISIONS
14. 1. The latest version of the Rules replaces the previous version of the Rules. The latest version of the Rules is available in the Online Store.
14. 2. These Rules may be changed unilaterally at the discretion of the Seller and shall take effect for all new orders for Goods from the moment of the publication of the new version of the Rules. For the sake of clarity, all Orders placed before the amendment of the Rules shall be subject to the Rules in force at the time of ordering the Goods.
14. 3. If any provision of these Rules is held to be illegal, invalid, or unenforceable by an authority or court, the other provisions of these Rules will remain in full force and effect. Any provision of these Rules that has been declared illegal, invalid, or unenforceable only in part or to a certain extent shall remain in full force and effect to the extent that it has not been declared illegal, invalid, or unenforceable.
14. 4. All communication between the Parties shall be carried out using the contact details specified in these Rules and the order form of the Goods, submitted by the Buyer.
14. 5. These Rules have been drawn up under the legal acts in force in the Republic of Lithuania.
14. 6. Relations arising under these Rules, and (or) other relations between the Buyer and the Seller shall be regulated by the laws of the Republic of Lithuania.
14. 7. The Seller recommends resolving all disputes arising from the implementation of these Rules through negotiations. If no agreement is reached, disputes shall be settled in accordance with the laws of the Republic of Lithuania.
14. 8. The Buyer (consumer) has the right to file a claim in the court of his place of residence. If the claimant is a legal entity, he must file a claim against the Seller according to the general rules specified in the Civil procedure code of the Republic of Lithuania, i. e. jurisdiction is selected in accordance with the address of the Seller's registered office.
14. 9. If the Buyer disagrees with the Seller's response to the Buyer's written claim, the Buyer (consumer) may submit his request/complaint regarding the purchased Goods to the entity resolving consumer disputes out of court: Vilniaus g. 25, 01402 Vilnius, e-mail address: email@example.com, phone +370 5 262 67 51, fax +370 5 279 1466, or on the website www.vvtat.lt (also in the territorial subdivisions of the State Consumer Rights Protection Authority in counties), or fill in the application form on the EGS platform (https://ec.europa.eu/odr/).
14. 10. The information published in the Online Store is provided for information purposes only, but does not in any way constitute a guarantee of usefulness, health benefits, or any other specific purpose.
14. 11. The Online Store and all its content and published textual, graphic and any other information belong to the Seller, who is the sole and legal owner and operator of the Online Store.
14. 12. No trademarks present in the Online Store may be used or reproduced without the prior written consent of the Seller, or the person who owns such trademarks.
14. 13. No part of the Online Store may be copied, retransmitted, reposted, duplicated or otherwise used for any commercial or commercial purpose without the prior written consent of the Seller.
14. 14. The Buyer may be subject to liability established by the legal acts of the Republic of Lithuania for illegal use of information that violates the rights and interests of the Seller.