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The Terms of Purchase and Sale in the Online Food Supplement Shop www.acontum.lt
1. General provisions
1.1. The Terms of Purchase and Sale (hereinafter – the Terms) determine the rights, duties and responsibilities of the Customer and the Seller when the Customer purchases the goods in the online food supplement shop www.aconitum.lt (hereinafter– the Online Shop).
1.2. In these Terms, the seller is UAB Aconitum, company code: 135554131, address: the district municipality of Kaunas, Biruliškės village, Inovacijų str. 4, e-mail address: firstname.lastname@example.org, (hereinafter – the Seller).
1.3. The Customer in these Terms is any natural or legal person, who buys the products at the Online Shop or uses other services of the Online Shop.
1.4. An Online Shop is a retail shop which focuses on consumers, who purchase goods or services (hereinafter– Goods) to meet their personal, family, household, non-business or professional needs. In an Online Shop, legal persons can only order goods with the intended end use.
1.5. By signing up or placing an order, the Customer unconditionally confirms that he is an adult and has the right to buy at the online food supplement shop.
1.6. Together with the order submitted by the Customer, these Terms shall become a contract concluded between the Customer and the Seller and shall be a binding legal document for both parties.
1.7. The Seller reserves the right to amend, correct or supplement the Terms. The process of shopping at the Online Shop is regulated according to the Terms that are valid at the moment of placing the order.
1.8. The Seller does not bear the risk or liability and is unconditionally exempted from it if the Customer has not fully or partially familiarized himself with the Terms, even though he has been given such opportunity.
1.9. By agreeing to these Terms and Conditions, the Customer also agrees that the necessary messages of information for ordering, paying and delivering goods will be sent to the indicated e-mail address. As the Customer subscribes the Newsletter at the Online Shop, the Customer gives a consent that the e-mail address would be used for direct marketing and research purposes. If the Customer does not want the e-mail address to be used for direct marketing and research purposes, the Customer should inform the Seller about the refusal via e-mail address: email@example.com
2. The Conclusion of the Contract of Purchase and Sale
2.1. The Contract of Purchase and Sale between the Customer and the Seller shall be regarded as having been concluded from the moment when the Customer has formed a shopping cart in the Online Shop, indicated the address of delivery, chosen the method of payment and familiarized himself with the Terms, payment terms, delivery conditions and other provided information confirms his order and is valid until fulfilment of duty under this contract.
2.2. The information about the methods of payment, terms of delivery and rates is published and the Customers must familiarize themselves with the Online Shop at the “Various Methods of Payment” and “Delivery” sections.
2.3. Every contract concluded between the Customer and the Seller is protected by the Seller.
3. The Rights of the Customer
3.1. The Customer has the right to purchase the goods in the Online Shop in accordance with these Terms and the legislation of the Republic of Lithuania.
3.3. The Customer has other rights provided in these Terms and in the legislation of the Republic of Lithuania.
4. The Obligations of the Customer
4.1. The Customer must accept the ordered goods as well as pay the price of the goods and their delivery.
4.2. If the information provided in your order form changes, you must immediately inform us by e-mail: firstname.lastname@example.org. In case the Customers have provided invalid data, we are not liable for proper performance of our contract.
4.3. If the payment is not made immediately, the goods selected by the Customer shall be reserved and the Seller shall execute the contract only when the Seller receives a notice from the Customer’s bank regarding payment for the selected goods.
4.4. The Customer must comply with the other requirements set forth in these Terms and in the legislation of the Republic of Lithuania.
4.5 Inform the Seller (by phone or e-mail) if Goods have not been delivered on time to the address which is specified in the Customer’s order.
4.6 Inform the Seller (by telephone or e-mail) if Goods are of poor quality and do not use the goods if they are suspected as defective.
5. The Rights of the Seller
5.1. The Seller has the right to restrict the use of the Online Shop services by the Customer without notice or to cancel the Customer’s registration if the Customer uses the Online Shop in violation of these Terms or attempts to harm the stability and security of the Online Shop.
5.2. The Seller has the right to temporarily or permanently terminate the Online Shop without notice.
5.3. The Seller has other rights provided for in these Terms and in the legislation of the Republic of Lithuania.
5.4. The Seller has the right to unilaterally change the terms of these Terms at any time. The Customer has the right to familiarize with the amended Terms on the website www.aconitum.lt.
5.5 Seller does not accept the returns of high-quality food supplements. However, for any security reasons, you have the right to withdraw Goods from the Market on your own initiative.
6. The Obligations of the Seller
6.1. To enable for the Customer to properly use the services provided by the Online Shop.
6.2. Before concluding the contract, the Seller must provide clear and understandable information for the Customer in accordance with the provisions of the Civil Code of the Republic of Lithuania.
6.3. To organize the delivery of goods to the address indicated by the Customer.
6.4. In the event of significant circumstances, when the Seller is not able to deliver the ordered goods to the Customer, the Seller shall return the money paid by the Customer within 5 (five) business days. In this case, the Seller shall be exempt from the liability for non-delivery.
7. The Prices of Goods
7.1. The prices of the goods in the Online Shop and in the formed order shall be entered in euros, including the amount of VAT valid at that time. The goods are sold to the Customer at prices which are valid at the moment of placing the order in the Online Shop. At the moment of ordering the goods, the final price of the order is presented with discounts, which means that additional discounts and (or) discounts with discount coupons/cards at the moment of receiving the goods are not available.
8. The Ordering and Delivery of Goods
8.1. The Delivery of goods to the Customer:
8.1.1. At the moment of ordering, the Customer chooses to deliver the goods at the exact place of delivery.
8.1.2. The Customer undertakes to accept the goods by himself. In case the Customer cannot accept the goods by himself and the goods are delivered to the specified address and on the basis of other data provided by the Customer, the Customer shall not be entitled to claim to the Seller that the goods were delivered to the wrong entity.
8.1.3. The goods are delivered by the Seller or his authorized representative.
8.2. The goods are delivered to the address specified by the Customer within 1-6 (one – six) business days from the date of received payment for the goods and their transportation (unless the Seller informs the Customer about the longer delivery time). The goods are delivered throughout Lithuania and abroad.
8.3. The exact cost of delivery depends on the weight, volume, dimensions and place of delivery of the ordered goods. For this reason, the final price of the order is provided to the Customer only after placing the order.
8.4. Once the goods are delivered to the indicated address, the Customer must check the condition of the consignment, the quantity, quality and assortment of the goods together with the representative of the parcel service.
8.5. After noticing the violation of parcel or the non-compliance of quantity, quality and assortment, the Customer must not accept the parcel and mark it in the consignment note. After the Customer has accepted the parcel and signed the consignment note without remarks, it is assumed that the delivered consignment has no defects and the quantity, quality and assortment of goods complies with the contract terms.
8.6. The Goods delivered to the address indicated by the Customer shall be regarded as passed to the Customer. If the goods are not delivered on the planned day of delivery, the Customer shall inform the Seller immediately but not later than the next day after the planned delivery date. The Customer, who has not informed the Seller about the non-delivered goods in the due time, loses the right to express any complaints to the Seller for not delivering the goods on time.
9. The Liability
9.1. The Customer is liable for the correctness of the data provided in the Online Shop registration form. The Customer assumes liability for the consequences of inaccuracy of the personal data provided in the registration form.
9.2. In order to promote the Customer or the visitor of Online Shop a full range of services offered in the Online Shop, the Seller uses the system cookies in the Online Shop. The cookies are used to identify previous Online Shop visitors, identify the language of the Online Shop page, user session, session key as well as identify and correct errors in the Online Shop. The Customer has the ability to view the information (cookies) that the Seller records and may delete some or all of the cookies stored. The Customer also has the right to object the recording and use of information (cookies) on his computer (device), but in this case certain online shop functions may not be available. By accepting the Terms, the Customer agrees that the information on his computer (device) will be recorded. This consent may be refused by the Customer at any time by contacting the Seller via following e-mail address: email@example.com
9.3. The Parties shall be liable for violation of the contract of purchase and sale concluded using the Online Shop in accordance with the procedure established by the legal acts of the Republic of Lithuania.
9.4. In respect of Article 8(3) of the Law on Electronic Signature of the Republic of Lithuania, the Customer agrees with the Seller that the confirmation of the Customer’s actions in the Online Shop by the data of the login to the Online Shop (identification code) shall be in respect of Article 8(1) of the Law on Electronic Signature the legal power of an electronic signature (i.e. having the same legal value as a signature in written documents and as a means of proof in court). The Customer must keep the details of his login to the Online Shop and not disclose it, to ensure that the data are known and used only by himself and do not allow other persons to access or use the data. In case of suspicion that the login data may have been found by another person, inform the Seller about the violation or disclosure of the login details immediately. All actions performed using the Customer’s login to the Online Shop are considered to have been made by the Customer and the Customer assumes full liability for the consequences of such actions.
9.5. After the occurrence of a prejudice, the guilty party shall compensate the other party for any loss.
10. The Transmission of Information
10.1. The Seller sends all messages to the e-mail address provided in the Customer’s registration form.
10.2. The Customer shall send all notices and questions to the address indicated in the “Contact” section of the Seller’s Online Shop.
11. The Purchase of Medicines and Medical Supplies
11.1. Subsidised/non-subsided medicinal preparations and homeopathic remedies are not available on the Online Shop www.aconitum.lt.
12.Guarantee as to the Quality of Goods and Expiration Date
12.1. The characteristics of each product in the Online Shop are generally indicated next to the product.
12.2. The Seller is not liable for the fact that the goods in the Online Shop may not match the actual size, shapes and colour of the goods due to the features of the display used by the Customer.
12.3. For a certain period of time, the Seller provides the guarantees of quality to certain products and their types; a particular term or other conditions are indicated in the description of those products at the Online Shop.
12.4. In cases when a particular term of use is established for specific goods on the basis of legislation, the Seller undertakes to sell such goods to the Customer in a way as to give him an opportunity to use such goods before the expiration date.
13. The Return of Goods (Termination of the Contract)
13.1. The food supplements of satisfactory quality are not changed or returned.
13.2. If Goods are high-quality, the Customer is not entitled to withdraw from the Contract of Purchase and Sale due to groceries (including food supplements).
13.3. The Return of Defective Goods
13.3.1. The Customer has the right to indicate the specific reason for returning the defective Goods within 14 calendar days from the date of receipt of the ordered item. The Customer shall immediately deliver or ship the defective goods to the Seller.
13.3.2 If the Customer wants to exercise his right to return defective goods, he has to inform the Seller (UAB Aconitum, legal entity code: 135554131, address: Inovacijų str. 4, Biruliškės village, Kaunas district LT-54469) about his decision by providing an unequivocal statement (e.g. to inform via e-mail address firstname.lastname@example.org, deliver or ship the goods). The statement shall indicate Goods (the names, quantity), the date of their receipt, the Customer’s name and bank account number to which the money for the defective Goods should be returned. The statement must also indicate the circumstances, features and reasons why Goods are of poor quality (preferably pictures of Goods).
13.3.3. The expenditures of returning defective Goods (shipping or delivery to the Seller’s office) shall be covered by the Seller.
13.3.4. The Seller shall refund the amount paid for the returned goods to the Customer no later than within 14 calendar days from the date of returning Goods to the Seller.
14. Final Provisions
14.1. Any dispute related to the contract between the Customer and the Seller shall be settled by negotiation. If no agreements are reached, disagreements shall be resolved in the manner prescribed by legal acts of the Republic of Lithuania.
14.2. The Customer may submit complaints, claims, receive information and etc. by contacting the Seller with the contact details specified in Point 1.2 of these Terms, unless it is specified otherwise in these Terms.
14.3. The contract is concluded, executed and all communication between the Customer and the Seller takes place in the state language.