TERMS AND CONDITIONS
The Rules on Privacy and Purchasing of Goods in the Online Store DIASIDE.COM
1. General Provisions
1.1. The present Rules on privacy and purchasing of goods in the online store diaside.com (hereinafter – the Rules) are laid down seeking to ensure your (hereinafter – the Buyer) rights as well as those of MB „Gaumedus“, which sells its goods in the online store at diaside.com (hereinafter – the Store), to establish the obligations and responsibility of both parties, personal data protection rules and other provisions related to sales and purchase of goods in the Store as well as direct marketing offers. When purchasing online, after adding goods to the shopping cart and starting to fill the order form, the Buyer shall tick the statement ‘I accept the rules’ thus acknowledging and confirming that he/she has familiarised him/herself with the present Rules, accepts them and agrees to observe them.
1.2. Seller – legal entity MB „Gaumedus“, legal entity code 304983921, address: Medus str. 7, Ginduliai, Klaipėda dstr. LT-91276, Lithuania, email email@example.com, registered in Klaipėda Affiliate of the Register of Legal Entities of State Enterprise Centre of Registers.
1.3. The Rules establish the conditions and procedure for ordering, buying and returns of the goods at the Store as well as provide information that must be provided to the Buyer in line with the legal acts of the Republic of Lithuania.
1.4. The Seller shall be released from any liability in cases when loss or other adverse consequences are caused by the Buyer not getting acquainted with the Rules, recommendations or other information of the online Store irrespective of him/her having been provided with such an opportunity.
1.5. The Seller shall preserve the right to unilaterally modify the Rules any time, and the modified Rules shall be published on the website of the online Store. Modifications shall take effect from the moment of their publication, and shall be valid for all contracts made after their publication.
2. Contract Conclusion
2.1. Contracts on sales and purchase of the goods (hereinafter – Contracts) in online Store shall be concluded electronically. When concluding Contracts with Buyers the Seller shall follow the provisions of the Civil Code of the Republic of Lithuania governing distance contracts and “Retail Rules” approved by the Order No. 738 of the Government of the Republic of Lithuania, dated 22-07-2004.
2.2. The following persons shall have the right to buy from the Seller’s online Store: legally capable natural persons; minors aged fourteen to eighteen years only with the permission of their parents or guardians, except when they manage their funds independently; legal persons; as well as authorised representatives of all persons listed above. By accepting the Rules, the Buyer confirms that he/she has the right to buy from the online Store of the Seller.
2.3. The contract on sales and purchase of the goods between the Buyer and the Seller shall be deemed to have been concluded and in effect as of the moment, when the Buyer clicks on the link “Confirm the Purchase” after adding items of goods to his/her shopping cart, providing the delivery address and other required data, selecting a mode of payment, getting acquainted with and having confirmed his/her acceptance of the Rules.
2.4. Following the conclusion of the contract on sales and purchase of the goods, the Seller shall additionally send to the Buyer an automatically generated electronic confirmation of receipt of the Buyer’s order submitted with the goods and main features thereof, exact number of goods, their prices and order number provided. The message about the Order confirmation shall be sent to the Buyer to the email address given by the Buyer in the sign-up form or submitted order.
2.5. The present Rules, Delivery, Payment, Exchange and Return procedures published in the online Store, information about the Seller as well as the electronic notification of receipt of the order sent by the Seller to the Buyer which comprise an integral part of the Rules shall be deemed to be an inseparable part of the Contract concluded between the Seller and the Buyer.
2.6. Each contract concluded electronically between the Seller and the Buyer shall be stored in the database of the online Store.
2.7. The Contract concluded between the Buyer and the Seller shall be valid until complete fulfilment of the obligations of the Parties thereto undertaken following the Contract or until its expiry in accordance with the procedure established in the present Rules.
3. Goods and their Prices
3.1. Features of each item of goods sold are provided in descriptions of corresponding items provided in the online Store. The Seller shall not bear any liability if colour, shape or other parameters of the item do not match the actual colour, shape or other parameters of the item due to the settings and/or characteristics of the monitor used by the Buyer.
3.2. The Seller shall have the right to change the assortment of the goods offered in the online Store any time without any notice to the Buyer.
3.3. The price of each item sold in the online Store shall be provided in euros next to the corresponding item, in the Buyer’s order and electronic notification of order receipt sent by the Seller to the Buyer. The Seller hereby undertakes to sell the goods at the prices valid at the moment when the Buyer submits the order to the Seller.
3.4. The prices of the goods include the value-added tax (VAT).
3.5. The prices of the goods do not include the fee for delivery of the goods to the Buyer. The taxes applicable to delivery of the goods are provided in Clause 5.2 of the Rules.
3.6. The Seller shall have the right to determine the minimum size of shopping cart at his own discretion, i.e. the minimum amount or quantity, at which Buyer’s order is executed.
4. Payment for Goods
4.1. The Buyer shall pay for the goods and their delivery in one of the following manners:
4.1.1. Using an electronic banking system;
4.1.2. By an ordinary advance payment order from the bank to Seller’s account (account details of the Seller are provided in the section “Payment” of the Store);
4.1.3. By paying in cash when the Buyer picks up the goods from the online Store warehouse.
4.2. For payment for the goods and their delivery using bank services, the Buyer may be charged commission fees and/or other charges for the transactions executed established by the bank.
4.3. If the payment for the goods or their delivery is made by an advance payment order, the Buyer must specify the order number provided in the electronic notification of order receipt to the Buyer in the section “Payment Details” of the payment order form. If the Buyer fails to provide the correct order number in the section “Payment Details“, it may cause difficulties of order processing.
4.4. The Seller shall start fufilling the order submitted by the Buyer only after having received full payment for the goods and their delivery (except when the Buyer selects payment in cash upon pick up the goods from the online Store warehouse). The payment shall be deemed to have been executed when the total payable amount is received and credited to Seller’s bank account.
4.5. The Buyer shall be obligated to pay for the goods and their delivery not later than within 3 (three) working days from conclusion of the contract on sales and purchase of the goods (except when the Buyer selects payment in cash upon pick up the goods from the online Store warehouse). If the Buyer fails to make the payment within the first 2 (two) working days, a reminder about the submitted order and necessity to make the payment shall be sent to the Buyer’s e-mail provided on the Buyer’s sign-up or order form. If the Buyer fails to pay for the goods and their delivery within 3 (three) working days from the conclusion of the contract on sales and purchase of the goods, it shall be deemed that the Buyer withdrew from the Contract, and the corresponding Buyer’s order shall be cancelled upon notice to the Buyer sent to the e-mail provided in the sign-up or order form.
4.6. The Seller hereby undertakes to furnish the Buyer with all the required and correct information necessary for payment for the goods and their delivery. However, the Seller shall not assume any liability for services improperly rendered by banks, which executed the Buyer’s payment to the Seller and the related losses. Moreover, the Seller shall assume no liability arising due to faults of the Buyer when submitting and processing a payment order (e.g. incorrect account number provided / entered, incorrect order code, etc.) and the related loss and/or other adverse consequences.
5. Delivery of Goods
5.1. Goods shall be delivered at the Buyer’s expense by the Seller or a company providing courier services (hereinafter – the Courier) at the assignment of the Seller. Goods shall be delivered to the address provided by the Buyer during sign up or in the order form.
5.2. The delivery fee depending on chosen delivery method (provided in the section “Delivery” of the Store) shall be applicable to the delivery of the goods.
5.3. Usually, the goods are delivered to the Buyer to the address provided by him/her in 1 (one) to 3 (three) working days in Lithuania and in 4 (four) to 7 (seven) working days to other countries. The Buyer hereby agrees that in the case of unforeseen circumstances, delivery of the goods may be delayed, however, in all cases the goods shall be delivered not later than within 30 (thirty) calendar days. In such case, the Seller shall immediately contact the Buyer and agree on the delivery term of the goods. The delivery term shall commence when the Seller receives the payment for the goods and their delivery from the Buyer (except when the Buyer selects payment in cash upon pick up the goods from the online Store warehouse).
5.4. The goods purchased by pre-order are delivered within 10 (ten) to 15 (fithteen) working days from the date of receipt of payment, according to chosen delivery method.
5.5. In all cases, the Seller shall be released from responsibility for late delivery of goods if the failure to deliver the goods or their delayed delivery is caused by the Buyer himself/herself or due to circumstances within the control of the Buyer.
5.6. If the delivery of the goods is delayed more than 10 (ten) working days not through the Buyer’s fault or circumstances within his/her control and the Parties hereto fail to agree on the extension of delivery term or replacement of the goods with similar or other goods offered on the online Store, the Buyer shall have the right to withdraw from the Contract (by sending a notice to the Seller to the e-mail of the online Store firstname.lastname@example.org), and the Seller hereby undertakes to repay the money paid in advance by the Buyer (if the payment was made) within 10 (ten) working days from withdrawal from the Contract. The money shall be credited to the bank account the payment was made from or to another account of the Buyer provided in the Buyer’s notification on withdrawal from the Contract.
5.7. Goods shall be delivered or picked up from the online Store warehouse on working days Monday to Friday.
5.8. If the delivery of the goods and their transfer to the Buyer did not take place at the time agreed by the Parties hereto (e.g. when the goods were delivered to the address provided by the Buyer, it turned out that incorrect delivery address was provided or the Buyer or any other person who could accept the goods was not found at the given address) due to the fault of the Buyer or circumstances within his/her control, the Seller or Courier on his/her instruction shall contact the Buyer again and agree on the new delivery time suitable for both parties. The Seller shall have the right to require the Buyer to pay an additional delivery fee for such repeated delivery of the goods. If the Buyer fails to accept the goods when they are delivered repeatedly without a good reason, it shall be deemed that the Buyer withdrew from the Contract, and the Buyer’s order shall be cancelled upon notification to the Buyer sent to the e-mail provided in the Buyer’s sign-up or order form. In such case, the Seller shall undertake to repay the Buyer the advance payment made (if any) within 10 (ten) working days from the withdrawal from the Contract after deducting the delivery fees for the goods from the amount to be repaid. The money shall be credited to the bank account the payment was made from.
5.9. After delivering the goods to the address provided by the Buyer, these shall be transferred to the Buyer or any other person present at the address provided by the Buyer. The Buyer hereby confirms that he/she understands that any person present at the address provided by the Buyer (hereinafter –Buyer’s Representative) shall be deemed to be a person eligible to accept the goods.
5.10. Upon delivery of the goods the Buyer (Buyer’s Representative) shall examine the condition of the goods together with the Seller or the Courier, as appropriate (whether packaging is not battered, wet, ripped or otherwise externally damaged), contents of the package, quantity and quality. If the Buyer (Buyer’s Representative) notices any external damages, non-compliance of package contents and/or their quantity, the Buyer (Buyer’s Representative) must note it on consignment delivery confirmation (VAT invoice, invoice, cargo waybill or another similar document) provided by the Seller or the Courier and draw up a free-format formal note of consignment and/or product damage/non-compliance together with the Seller or the Courier. Damages/non-compliances recorded during the transfer of the goods shall be eliminated in accordance with terms and procedures agreed by the Buyer and the Seller.
6. Right of Withdrawal from Distance Contract and Return of Goods
6.1. The Buyer (consumer) shall have the right to withdraw from the contract on sales and purchase of the goods concluded in the online Store without providing any reason and by notifying the Seller thereof in writing within 14 (fourteen) days from the delivery date of the goods. A written notification of the Buyer on withdrawal from the Contract must be sent to the e-mail of the online Store email@example.com. To exercise his right of withdrawal, the Buyer should inform the Seller of his/her decision to withdraw from the contract before the expiry of the withdrawal period.
6.2. After withdrawing from the contract on sales and purchase of the goods, the goods being returned must meet the following requirements:
6.2.1. The item may not have been otherwise used, it cannot be damaged or deprived of its value;
6.2.2. The item must be returned in original manufacturer’s packaging (the packaging may be changed only as much as it is necessary in order to examine its contents) and with its marketable condition preserved;
6.2.3. The item has to have all its labels attached.
6.3. The Buyer shall be obligated to deliver the returned goods (through a courier, by post, by self-service parcel terminal or upon personal delivery) to the Seller’s address at Medus str. 7, Ginduliai, Klaipėda dstr. LT-91276, Lithuania. Returns shipping costs are covered by the Buyer.
6.4. Together with the returned item of goods, the Buyer shall submit to the Seller a completed form of request to return the goods or a free-format request to return the goods (specifying the goods being returned and his/her bank account number where the money for the returned goods are to be transferred) and a document confirming the purchase from the online Store (VAT invoice).
6.5. The Buyer shall not have the right to withdraw from the Contract and return the goods, which were unpacked after the delivery and cannot be returned due to hygiene or health protection reasons (e.g. underwear, food products) as well as in other cases as indicated in part 2 of Article 6.22810 of the Civil Code of the Republic of Lithuania. When a written notification of the Buyer of withdrawal from the Contract specified in Clause 6.1 of the Rules is received, the Seller shall repay the Buyer the money paid for the goods (including the costs of delivery) within 10 (ten) working days. In case of withdrawal from the contract, the Buyer shall to bear the costs of returning the goods to the Seller.
6.6. The rights of the Buyer when having been sold goods of unsuitable quality are established by the Civil Code of the Republic of Lithuania and “Retail rules” approved by Resolution No. 738 of the Government of the Republic of Lithuania of 22-07-2004, while additionally taking into account the provisions established in Clauses 6.3–6.5 hereof.
7. Rules for Replacement of Goods of Inferior Quality and Rules of Return
7.1. Goods of inferior quality shall be replaced with the goods of suitable quality and the goods shall be returned in the cases and in accordance with the conditions established in Articles 6.363 and 6.364 of the Civil Code and in “Retail rules” approved by Resolution No. 738 of the Government of the Republic of Lithuania of 22-07-2004.
7.2. The Seller shall be responsible for the defects of the item that appear within two years from the transfer of the item.
7.3. The Buyer shall have no right to terminate the contract, if the defect of the item is insignificant.
7.4. If the Buyer acquired goods of unsuitable quality, the Buyer may return the goods during the warrantee period and request, at his/her discretion:
7.4.1. For the Seller to rectify the defects of the item free of charge within a reasonable period of time, if these can be rectified;
7.4.2. To reduce the purchasing price accordingly;
7.4.3. To replace the item with a similar item of suitable quality;
7.4.4. To return the price paid and withdraw from the contract on sales and purchase.
7.5. The Buyer may choose of the remedies provided for in Clause 7.4 hereof. The Buyer shall be obligated to notify of his/her choice when returning the item. Where the Seller is unable to implement the remedy provided for in Clause 7.4 and selected by the Buyer, the Seller shall suggest an optional remedy provided for in Clause 7.4.
7.6. Should the Buyer terminate the contract due to unsuitable quality of an item, the Seller shall refund the price paid. The costs of returning the item of unsuitable quality shall be borne by the Seller.
7.7. Goods shall be replaced or returned at a request of the Buyer in writing, the form for which is provided together with the item, or a free-format request of the Buyer in writing that is to be sent to the Seller to the email address given in the Rules. The request submitted should specify the cause (quality defect of the item) that makes the item purchased unsatisfactory to the Buyer and one of the requirements listed under Clause 7.4 hereof. A document corroborating the sales and purchasing of the item from the Seller (VAT invoice, invoice, payment card account statement, payment card tab) shall be enclosed to the request.
8. Processing of Personal Data
8.1. When the Buyer orders goods from the online Store, sign-up is not required, however, proper order processing requires such personal data as first name, last name, e-mail address, address where the goods will be delivered, telephone number and other data specified in the order.
8.2. The Buyer hereby confirms that he/she is aware of the right to refuse to provide his/her personal data, however understands that personal data are required and necessary for order processing, and if the Buyer fails to provide the data and does not agree that the data be processed for the purposes specified in Clause 8.5 of the Rules, the contract on sales and purchase of the goods cannot be concluded and fulfilled.
8.3. By signing up to the Online Store and/or providing an order the Buyer confirms that he/she agrees to provide the personal data specified in the Rules, sign-up and order form and does not object to the Seller’s processing of the data for the purposes specified in Clause 8.5 hereof.
8.4. The personal data of the Buyer referred to in Clause 8.1 shall be collected and processed for the purposes of e- commerce (seeking to conclude the Contract, to process orders for goods, to issue financial documents, to resolve the issues related to delivery and transfer of goods and to fulfil other contractual obligations).
8.5. The personal data of the Buyer and other visitors of the website www.diaside.com (email address) shall be processed for direct marketing purposes in the case where the Buyer, when ordering the goods, checkmarks his/her agreement to receive the direct marketing offers, while other visitors of the website www.diaside.com provide their email address in the section “Newsletter”. The Buyer and other visitors of the website www.diaside.com have the right to revoke their consent for the Seller to process their personal data for direct marketing purposes at any time, by sending the appropriate notification to the Seller.
8.6. The personal data of the Buyer and other visitors of the website www.diaside.com shall be processed and stored no longer, than necessary for the purposes referred to in the present Rules.
8.7. The personal data of the Buyer shall be stored and used for the purpose of electronic commerce for 10 (ten) years from the conclusion of the Contract.
8.8. The personal data of the Buyer and other visitors of the website www.diaside.com shall be stored and used for direct marketing purposes for 1 (one) year from the last shopping on the website www.diaside.com or store of MB „Gaumedus“, or less provided that a Buyer‘s refusal of direct marketing offers is received.
8.9. The Seller shall be entitled to provide the personal data of the Buyer and other visitors of the website www.diaside.com to the third persons of his choice only for the purposes specified in Clauses 8.4 and 8.5 hereof and only to the extent required to attain the same purposes. In other cases, the personal data of the Buyer and other visitors of the website www.diaside.com shall not be disclosed to third persons without the prior consent of the Buyer and other visitors of the website www.diaside.com. The personal data of the Buyer and other visitors of the website www.diaside.com may be provided to governmental or law enforcement authorities, e.g. police or regulatory institutions, however only at their request and only when obligatory under the applicable law or seeking to secure our rights or the security of our resources, customers and employees.
8.10. The Seller shall apply to the processing of personal data the security and processing requirements established in the Law on Legal Protection of Personal Data of the Republic of Lithuania and the General Data Protection Regulation of the European Union..
8.11. The Seller shall introduce the appropriate technical and organisational measures to ensure the protection of all personal data being processed against unintentional or unlawful destruction or unintentional loss, modification, unauthorised disclosure or access and against any other unlawful forms of processing.
8.12. The Buyer and other visitors of the website www.diaside.com shall have the following rights pertaining to the personal data:
8.12.1. To request the Seller to allow them to familiarise themselves with the data and to rectify or delete them, or restrict data processing;
8.12.2. To object to the data processing;
8.12.3. To receive their personal data in a systemised, regularly used and computer-readable format (the right to data portability);
8.12.4. To revoke their consent;
8.12.5. To make a complaint to the State Data Protection Inspectorate.
8.13. The Buyer and other visitors of the website www.diaside.com may exercise those rights by applying to the Seller by email firstname.lastname@example.org or post to MB „Gaumedus“, address: Medus str. 7, Ginduliai, Klaipėda dstr. LT-91276, Lithuania.
8.14. While signing up for the online Store, completing an order form or otherwise using the online Store, the Buyer must provide comprehensive and correct data. If the data provided by the Buyer change, the Buyer must immediately update them. The Buyer shall be responsible for correctness of the data provided in the sign-up, order form or provided otherwise when using the online Store, and shall assume all liability for consequences arising from incorrectness or inaccuracy of the data.
8.15. By signing up for the online Store and ordering goods, the Buyer undertakes to protect and not to disclose the log-in data to any person. If the Buyer loses the log-in data, he/she must immediately notify the Seller thereof. The Buyer shall be liable for the transfer of his/her log-in data to third persons. If third persons make use of the offers provided by the Seller in the online Store after logging in using the Buyer’s data, the Seller shall consider the person to be the Buyer.
9. Final Provisions
9.1. The Seller shall have the right to suspend or terminate Store’s operation temporarily or an indefinite period without a prior notice to the Buyer.
9.2. By providing a comment or sending a recommendation, the Buyer shall be responsible for ensuring that any information provided by him/her is accurate and correct or otherwise not misleading and not in breach of the rights of third persons and regulations set forth in the legal acts of the Republic of Lithuania. By providing a comment or sending a recommendation, the Buyer shall assume full responsibility for his/her actions.
9.3. The Seller shall preserve the right to delete and/or correct the Buyer’s comments at any time, if the Seller believes that the Buyer did not observe the requirements provided in Clause 9.2 hereof.
9.4. The Seller shall send all notifications to the Buyer to the e-mail address provided in the sign-up or order form.
9.5. The Buyer shall send all notifications, inquiries, claims etc. to the e-mail address of the online Store email@example.com. The Buyer shall also have the right to contact the Seller at the address Medus str. 7, Ginduliai, Klaipėda dstr. LT-91276, Lithuania.LT-91276, Lietuva.
9.6. The present Rules shall in no way restrict and shall in no case be perceived as restricting the Buyer’s (consumer’s) rights set forth by the legal acts of the Republic of Lithuania. The Rules are laid down following the legal acts of the Republic of Lithuania. The law of the Republic of Lithuania shall be applicable to the contract on sale and purchase concluded between the Seller and the Buyer.
9.7. You may submit your request/complaint concerning an item purchased at the Store to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402 Vilnius, email firstname.lastname@example.org, tel. +37052626751, fax (+370 5) 2791466, website www.vvtat.lt) as well as to its territorial divisions in counties or fill an application form on the online dispute resolution platform at http://ec.europa.eu/odr/.
9.8. All disagreements between the Buyer and the Seller arising from the contract on sale and purchase or related therewith shall be solved in negotiations. In case of failure to reach an agreement, the disagreements shall be solved in accordance with the procedure established by the legal acts of the Republic of Lithuania.
9.9. The Seller retains the right to change or supplement these Rules at any time in consideration of the requirements established by the legal acts. Each time when shopping at the online Store, the Buyer shall have to accept these Rules anew.