Rules for buying and selling goods in the Aromatic •89• e-shop
1. General provisions
1.1 These Terms and Conditions of Sale and Purchase are subject to the Customer's acceptance (i.e. These Terms and Conditions of Sale of Goods, if the Customer (i.e. the Customer and/or the Buyer and the Seller, by reading the Terms and Conditions and checking the box next to the link "I agree to the Terms and Conditions of Sale of Goods" on the Website), shall be a binding legal document for the parties, which shall be considered an integral and inseparable part of the Terms and Conditions of Sale of Goods and shall set out the rights and duties of the Customer and/or the Buyer and the Seller, the terms and conditions of purchase of the Goods and the procedure of their payment, the terms and conditions of the delivery of Goods and the procedure of the Goods' delivery and their return, the parties' liability and any other provisions relating to the purchase - sale of Goods on the Website. Capitalised terms and expressions used in these Terms and Conditions of Sale and Purchase of Goods shall have the meanings set out in the Website Terms and Conditions.
1.2 The Seller shall provide the Customer with the opportunity to select and order (by placing an order for Goods), as well as to enter into a Contract for the purchase of the Goods on the Website, which is available 7 (seven) days a week.
1.3 The right to purchase Goods on the Website shall be:
1.3.1. able-bodied natural persons, i.e. persons who have reached the age of majority and whose legal capacity is not restricted in accordance with the procedure laid down by applicable legislation;
1.3.2. minors between the ages of fourteen and eighteen, only with the consent of their parents or guardians, unless they are self-reliant or emancipated;
1.3.3. legal persons represented by a person acting in accordance with the instruments of incorporation of that legal person;
1.3.4. authorised representatives of any of the abovementioned persons who have produced a document certifying their right to act on behalf of such natural or legal person (power of attorney, proxy, etc.).
2. Ordering the goods
2.1 The Customer may order Goods on the Website in two ways:
2.1.1. by registering on the Website (creating an Account) and logging in to the Account by entering his/her e-mail address and password;
2.1.2. by not registering an Account on the Website (as a Guest), but by submitting Personal Information on the order confirmation form in accordance with the Website's tools.
2.2. the Customer orders the Goods either by registering on the Website (creating an Account) and logging into the Account by entering his/her email address and password; or by not registering on the Website (as a Guest) but by providing Personal Information in the order confirmation form in accordance with the Website tools. In the manner provided for in the items of the Rules for the Purchase and Sale of Goods, he/she shall indicate his/her Personal Information necessary for the proper execution of the order of the Goods in the relevant fields of the Website, such as his/her name, surname, delivery address, telephone number and email address. By placing an order for Goods and expressing his/her agreement to "I accept the Aromatic •89• Purchase Rules" (or a similar indication expressing the Customer's will), the Customer unconditionally confirms that he/she has the right to purchase the Goods on the Website and to enter into a Contract for their purchase.
2.3 In all cases, before confirming an order for Goods in accordance with the procedures set out in this section of the Terms and Conditions, the Customer must read and agree to the version of the Terms and Conditions documents in force at the time of placing the order. The Buyer shall confirm his/her acquaintance with and acceptance of the Rules documents in the manner and under the conditions set out in the Website's terms of use. An order for Goods may be placed and received for processing by the Seller only if the Buyer has read and accepted the Terms and Conditions. In all other cases where the Buyer does not agree with the Terms and Conditions or any part thereof, the Buyer shall not be entitled to order Goods on the Website.
2.4 In order to enter into a Contract for the purchase of the Goods, the Customer shall perform the technical steps set out on the Website and, following the notices and/or links provided on the Website, the Customer shall place an order for the Goods with the Seller:
2.4.1. select one or more Goods offered on the Website and, after specifying the details of each Goods to be purchased (number of units, etc.) and clicking on the Website's "Add to Cart" link, add them to the Shopping Cart;
2.4.2. after completing the shopping cart, i.e. after selecting all the Goods to be purchased, click on the Website icon with the shopping cart symbol (with the inscription "Shopping Cart"), which will redirect the Customer to another window on the Website, where he/she will be able to view his/her selections (the order details). Once the Customer clicks on the icon marked "Payment", the Customer will be redirected to another window on the Website, where the Customer will be able to confirm the order of Goods placed with the Seller by logging in to the Account/creating an Account (if not already done) or by selecting the shopping as a Guest and by continuing to enter the details requested by the Website (delivery address, method of payment and other information requested by the Website).
2.5 The Customer shall confirm the order for the Goods by clicking on the icon marked "Submit Order". Until this point, the Customer shall have the right to modify the Goods Order by changing the selected Goods and/or the Goods data, delivery data and the method of payment for the Goods.
2.6 After the Customer has performed the actions referred to in Clause 2.4 of the Terms and Conditions of Purchase of Goods and confirmed the order of the Goods in accordance with the procedure set out in Clause 2.5 above, the Customer's will to conclude a Contract with the Seller for the purchase of the Goods on the Website shall be expressed in accordance with the provisions of the Rules.
2.7 Upon confirmation of receipt of the Goods order placed by the Customer, the Seller shall send an automatically generated e-mail message with the subject "Confirmation of New Order" to the e-mail address provided by the Customer, containing all the essential details of the Goods order.
2.8 Upon receipt of an order for Goods placed by you for execution, the Seller shall immediately check whether the Goods specified in the order are in the Seller's stock (in terms of their nature, quantity etc.). If the Seller is unable to deliver all or part of the ordered Goods to the Customer (Buyer) in accordance with the procedure set out in these Terms and Conditions and/or the Rules, the Customer will be informed of the respective status of the Goods order and will make a decision on its execution (partial execution or cancellation of the entire Goods order). In any case, the Seller reserves the right to cancel or cancel the order within 3 (three) working days after the submission of the confirmed Goods Order by the Customer (in this Section, upon confirmation of receipt of the Goods Order submitted by the Customer, the Seller shall send an email to the email address indicated by the Customer in the Seller's email address. 2.7) to cancel such order, including for the circumstances set out in clause 2.11 below ((The Seller will use its best endeavours to inform the Customer of the status of the order as soon as possible).
2.9 Having read, accepted and agreed to be bound by the Terms and Conditions, the Customer confirms that it has no objection to the Terms and Conditions not being made available to the Customer separately in writing (in paper form) unless otherwise agreed by the parties. In all cases, the Buyer may, in order to view, download and/or print the Terms and Conditions, either download them from the Website or contact the Seller by e-mail at [email protected].
2.10. The Seller shall not be liable for damages resulting from unauthorised use of the Account by third parties. In the event that any other person accesses the Account and places an order for Goods using the Account without complying with the requirements of the Terms and Conditions, such Goods shall be deemed to have been ordered and/or purchased by the Buyer.
2.11. The Seller reserves the right to fulfil only those confirmed orders for Goods which correctly and accurately provide the details of the order for the Goods and other data necessary for the purchase and/or delivery of the Goods (including the delivery address, telephone number, e-mail address, telephone number, email address, telephone number, telephone number, address and telephone number). If the Seller does not detect any signs of fraud by the Customer (including violation of the security of the Website, misuse of the Website system, use of another Customer's login and password or impersonation of another person).
2.12. By accepting these Terms and Conditions of Sale and Purchase of Goods, the Customer agrees to the processing of his/her Personal Information as set out in Clause 2.2 on the website for the sale of Goods and Services (e-commerce) and for direct marketing purposes. The Seller confirms that the Personal Information provided by the Buyer in connection with the ordering of the Goods and the conclusion of the Contract will be used for the purposes of concluding and executing the sale and purchase of the Goods on the Website, in accordance with the provisions of the Privacy Policy.
2.13. By consenting to the processing of his Personal Information for the purpose of the sale of Goods and services on the Seller's Website (e-commerce), the Customer also consents to the sending of informative messages to the e-mail address and telephone number provided by him, which are necessary for the fulfilment of the order of Goods.
3. The moment of conclusion of the contract of sale and purchase
3.1 The placing of the Goods for sale on the Website does not create any obligations for the Seller. The contract for the sale of the Goods shall be deemed to have been concluded between the Buyer and the Seller from the moment the Buyer receives the Seller's automatically generated electronic message entitled "Confirmation of New Order" (or similar message) and shall remain in force until the obligations under this Agreement have been fully performed. The Buyer's ability to withdraw from the Contract is set out in Section 8 of these Terms and Conditions of Sale of Goods.
3.2 Together with the Buyer's order for Goods placed on the Website, these Terms and Conditions of Sale of Goods and the other Terms and Conditions shall become a Contract between the Buyer and the Seller, which shall constitute a binding legal document for both parties to the Contract.
4. Rights and obligations of the Buyer
4.1 The Buyer shall be entitled to purchase the Goods on the Website in accordance with these Terms and Conditions of Sale of Goods.
4.2 The Buyer, who is a Consumer, shall have the right to withdraw from the Contract in accordance with the procedure set out in Section 8 of these Terms and Conditions of Sale of Goods.
4.3 Having created an Account on the Website, the Buyer undertakes not to transfer his/her login data to third parties. If the Buyer loses his/her login data, he/she must immediately inform the Seller by e-mail [email protected].
4.4 The Buyer, when using the Website, undertakes to comply with these Terms and Conditions of Sale and Purchase of Goods, the Rules, other conditions expressly stated on the Website and not to violate the legislation of the Republic of Lithuania.
5. Obligations of the Seller
5.1 The Seller undertakes to enable the Buyer to use the services provided by the Website under the terms and conditions set out in these Terms and Conditions of Sale of Goods and the Website.
5.2 The Seller undertakes to respect the Customer's right to privacy in respect of the Personal Information belonging to him, i.e. to process the personal data provided by the Customer only in accordance with the procedure set out in the Terms and Conditions and the legislation of the Republic of Lithuania.
5.3 The Seller undertakes to deliver the Goods ordered by the Customer to the address specified by the Customer in accordance with the conditions set out in Section 7 of the Terms and Conditions of Sale and Purchase of Goods.
6. Price of the Goods, payment procedure and terms
6.1 The prices of the Goods on the Website and in the order for the Goods are quoted in Euros and are inclusive of taxes, including VAT and other taxes (if applicable). The Seller offers to purchase the Goods on the Website with delivery within the territory of the Republic of Lithuania and beyond. If the Goods are delivered outside the Republic of Lithuania and/or the European Union, the Buyer will be responsible for the payment of any taxes in relation to the Goods, including but not limited to any import, customs, VAT and other taxes, if applicable.
6.2 The cost of third party services (if applicable) shall not be included in the price of the Good(s) unless it is expressly stated and advertised on the Website that, under certain conditions, delivery of the Goods is free of charge. The applicable delivery costs for the Goods shall be specified and made available to the Buyer at the time of ordering the Goods.
6.3 Discounts may be applied to the Goods, which are not cumulative, except where the rules of a particular discount or promotion state otherwise and this is expressly stated and published on the Website and/or in any other document of the Terms.
6.4 The Seller shall be entitled to change the price of the Goods displayed on the Website after the Buyer's order has been placed in the event of technical errors in the information system of the Website. In the above circumstances, the Seller shall immediately inform the Buyer if the price of the Goods is changed and shall coordinate with the Buyer the further execution of the order. If the Buyer does not agree with the change in the price of the Goods as set out in this clause, the Buyer's order shall be cancelled, and if the Buyer has already paid the price of the Goods and/or the delivery costs to the Seller, all amounts paid by the Buyer shall be refunded to the Buyer.
6.5 The Buyer shall, at its option, pay for the Goods and the delivery of the Goods (if delivery charges are applied and calculated separately to the price of the Goods) in one of the following ways:
6.5.1. by way of prepayment for the Goods (i.e. prior to the delivery and handover of the Goods to the Buyer) using an electronic payment service through the system of the payment partner opay.lt, operated by OPAY solutions, UAB, or other systems approved by the Seller and published on the Website.
If you choose to pay for the Goods in the manner set out in this clause, please note that in this case, the rules for the use of the website and for the processing of personal data set out in the relevant website to which you will be redirected, may apply;
6.5.2. payment by simple bank transfer to one of the Seller's bank accounts.
6.6 By paying for the Goods by the method of payment set out in Clauses 6.5.1 and 6.5.3 above, the Buyer undertakes to pay for the Goods immediately. Only upon receipt of confirmation from the payment operator of your payment for the Goods shall the shipment of the Goods commence and the time limit for the delivery of the Goods as set out in Clause 7.2 of these Terms and Conditions of Sale and Purchase commence. Failure by the Buyer to pay for the Goods shall be deemed to be a repudiation of the Contract by the Buyer and the Seller shall have no obligations to the Buyer under this Contract. Therefore, the Seller shall be entitled to cancel the Buyer's order without prior notice to the Buyer if the Buyer, having chosen the method of payment provided for in Clauses 6.5.1 and 6.5.2 of the Terms and Conditions of Sale and Purchase, fails to pay for the Goods within 3 (three) working days of placing the order on the Website.
6.7 Whenever an order for Goods is placed, by entering into the Contract, the Buyer agrees that an electronic VAT invoice containing the purchase details will be sent to the e-mail address provided at the time of purchase. The invoice shall be sent by email on working days. Please note that if the Buyer is a VAT payer, the Buyer's VAT identification number must be entered in the "VAT CODE" field.
7. Delivery of the goods
7.1 The Goods shall be delivered to the delivery address specified by the Buyer, either by courier or to a self-service parcel terminal provided by the Seller, in which case the Buyer shall collect the Goods independently. For this purpose, the Buyer undertakes to select and specify the exact method of collection (delivery) of the Goods and the delivery address of the Goods (in the case of delivery by courier) at the time of placing the order for Goods. The applicable delivery charges (if applicable and/or applicable depending on the method of delivery chosen by the Buyer) shall be specified and made available to the Buyer on the Website at the time of ordering the Goods.
7.2 Unless otherwise stated on the Website and/or in the Seller's confirmation of the order for the Goods (clause 3.1 of these Terms and Conditions), the Goods shall be ready for delivery and/or delivered to the Buyer within a period of between 1 and 10 working days from the date of occurrence of the circumstances discussed in clause 6.6 of these Terms and Conditions. The Buyer agrees that in exceptional circumstances (including where the Seller's warehouse does not have the goods required) delivery of the Goods may be delayed. In such event, the Seller undertakes to contact the Buyer immediately to agree another delivery date suitable for the Buyer or to cancel the order for the Goods if the Buyer so wishes. In any event, where the Buyer is a Consumer, the Seller undertakes to deliver the Goods to the Buyer no later than thirty (30) days from the date of conclusion of the Contract.
7.3. if the Buyer selects the delivery of the Goods at the time of placing (forming) the Order:
7.3.1. by Courier, you will be contacted and the details of the delivery will be agreed prior to delivery of the Goods to you;
7.3.2. to a self-service parcel terminal or collection point. You will be able to collect the Goods from the self-service parcel terminal and collection points at a time convenient to You no later than 7 calendar days after We have notified You of the possibility of collecting the Goods. You will be notified by SMS and/or email when the parcel is delivered.
7.3.3. the Seller's collection point - Aromatic •89• shop/collection point at Akmenų g. 12, Klaipėda, LT-92347
7.4 If the Goods are not collected by the Buyer within the period specified in clause 7.3.2 above and/or you do not inform us and agree with us on the subsequent collection of the Goods or on any other conditions of collection of the Goods (i.e. you do not perform any other actions necessary for the acceptance of the Goods), it shall be deemed that you have withdrawn from the Contract and the Seller shall not have any obligations to you under this Contract, except for the return of all sums already paid to the Seller by you, i.e. the price for the Goods
7.5 If the Goods are delivered to the Buyer, the Buyer undertakes to accept the Goods itself, unless the Buyer specifies the name of another person to accept the Goods in the "Comments and Additional Information" section of the Order Form. In the event that the Buyer is unable to accept the Goods himself, including where the Buyer or the person indicated by the Buyer is not available at the delivery address specified in the order for the Goods, the Seller's authorised person (the "Courier") shall have the right to deliver the Goods to any other person of legal age at the delivery address who has presented a confirmation of payment of the Goods or any other document confirming the conclusion of the Contract or the right to accept the items being delivered. In such a case, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the Goods to the wrong person. If the Buyer cannot be found at the delivery address provided by the Buyer, the Courier will attempt to deliver the Goods order 2 more times.
7.6 In all cases, the Seller shall be exempt from liability for breach of delivery deadlines if the Goods are not delivered to the Buyer or are not delivered on time due to the Buyer's fault or due to circumstances beyond the Buyer's control and/or due to Force Majeure circumstances.
7.7 If the Seller is unable to deliver the Goods ordered to the Buyer due to important circumstances specified in these Terms and Conditions (and if it is not possible to offer an analogous or, as far as possible, similar Goods), the Seller undertakes to refund to the Buyer within 5 (five) working days the monies paid, provided that payment has been made pursuant to clause 6.5.1 of the Terms and Conditions.
7.8 The Goods shall be deemed to have been duly delivered (handed over) to the Buyer when a document confirming the handing over - acceptance (delivery and/or collection) of the Goods (e.g. a delivery note, invoice, etc., provided by a third party providing delivery services (Courier)) is signed. The Buyer acknowledges that he/she is aware of the fact that the risk of accidental loss and/or damage to the Goods passes to the Buyer upon signing the document confirming the transfer/acceptance/delivery/collection.
7.9 The Goods shall be inspected for quantity and packaging at the time of handover of the Goods to the Buyer. In the event of any shortage in the quantity of the Goods or damage to the Goods and/or the packaging of the Goods at the time of delivery of the Goods, you must indicate such shortage in the document confirming the delivery of the Goods (as discussed in Clause 7.8 of this Section) and immediately inform the Seller in writing on the Website or to the contact details set out in the Terms and Conditions as discussed in Clause 7.10 of the Terms and Conditions of Sale of Goods. In this case, any irregularities caused by the Seller shall be remedied in accordance with the procedures and terms agreed between the Buyer and the Seller. Subsequently, no claims concerning the quantity and/or packaging of the Goods delivered to you shall be accepted.
7.10. The Buyer must inform the Seller in writing of any obvious defects in the quality of the Goods (packaging damage, quantity discrepancy, etc.) immediately, but not later than within 1 (one) day from the date of delivery of the Goods to the Buyer (otherwise, after the expiry of the time limit, the Buyer shall not be entitled to submit any claims to the Seller in respect of any obvious defects in the Goods delivered to it). In such cases, Clause 9.1 of this Section of the Conditions of Sale and Purchase of Goods shall apply. Please note that the above clause does not apply in cases where it is expressly stated on the Website that the Goods are sold with damaged packaging and, consequently, the Goods are sold at a lower price. By ordering such Goods, the Buyer shall be deemed to have agreed to purchase the Goods in the circumstances set out above and shall not have any future claim or demand against the Seller in respect of any damage or defect in the packaging of the Goods.
8. Cancellation, return and exchange of Goods
8.1 Defects in the Goods sold shall be rectified, and defective Goods shall be replaced, returned and/or withdrawn from the Contract in accordance with the applicable legislation and the procedures set out in these Conditions of Sale and Purchase of Goods.
8.2 The Buyer, who is a Consumer, shall have the right to withdraw from the Contract, without giving reasons, by notifying the Seller in writing no later than within 14 (fourteen) calendar days from the date of delivery of the Goods. In the event that the Contract covers and is concluded for the purchase of several Goods, which are delivered to the User separately, the right to withdraw from the Contract shall expire 14 (fourteen) calendar days after the date on which the last Good under the Contract is transferred (delivered).
8.3 In order to withdraw from the Contract, the User shall submit to the Seller a free-form request for the return of the Goods (the User may also use the model withdrawal form, which is attached to these Terms and Conditions of Sale and Purchase of the Goods as Appendix No. 1 hereto; the use of this form is not obligatory), and shall enclose a document confirming that he/she has purchased the Goods from the Seller. The notice of withdrawal from the Contract by the Buyer who is a Consumer shall be sent to the Seller in accordance with these Terms and Conditions of Sale and Purchase of Goods.If you wish to inform Us of a breach of these Terms and Conditions of Sale and Purchase of Goods, if you have any questions, complaints or if you require Our assistance in the interpretation of the Terms and Conditions of Sale and Purchase of Goods or in the application of these Terms and Conditions of Sale and Purchase of Goods, please contact Us by email to [email protected]. We will respond to your written enquiries within 14 (fourteen) calendar days of receipt of the enquiry. You may contact the Seller using the contact details set out in clause 12.5 or by using the functionality provided on the Website, clicking on the relevant button for the return of Goods and performing other actions requested by the Website.
8.4. having given the Seller a notice of withdrawal from the Contract in accordance with the procedure set out in this Section, the Buyer, who is a Consumer, shall be obliged to return the Goods to the Seller (if the Goods have already been handed over to the Seller) at his own expense, no later than within 14 (fourteen) calendar days from the day on which he has given the Seller a notice to that effect, by sending them (using courier services) to UAB "OLD LT", Akmenų g. 12, Klaipėda, LT-92347
8.5 The Seller is obliged to refund all payments received from the Buyer, who is a Consumer, including the price of delivery of the Goods, if applicable (except for additional costs incurred due to the Buyer's choice of a delivery method other than the cheapest one offered on the Website), immediately, but in any case not later than 14 (fourteen) days from the day on which the decision to exercise the right of withdrawal from the Contract is notified to the Seller. The Seller shall refund to the Buyer the payment made by the Buyer using the same method of payment as the one used by the Customer in the original payment transaction, unless the Buyer agrees to another offer by the Seller. The Seller may not refund to the Buyer the amounts paid by the Buyer (the price of the Goods and/or delivery costs) until the Goods have been returned to the Seller or until the Buyer has provided written proof that the Goods have been dispatched to the Seller (whichever is the earlier).
8.6 When the Buyer returns the Goods, the following conditions shall apply:
8.6.1. the returned Goods must be in their original packaging in good condition (this clause does not apply in the case of returns of low quality Goods);
8.6.2. the Goods must be undamaged by the Buyer;
8.6.3. the Goods must be unused and not have lost their merchantable appearance (this clause does not apply in the case of a return of low quality Goods);
8.6.4. the returned Goods must be in the same condition as when received by the Buyer;
8.6.5. the document of purchase of the Goods is provided;
8.6.6. goods which have not been purchased from the Seller or which have been intentionally or negligently damaged (affected by chemicals, open flames, high temperatures, sharp objects, etc.) or if the rules of use or storage of the Goods have been violated, or if the Goods have been used in an improper manner or for an improper or inappropriate purpose, shall not be refunded.
8.7 The Seller shall have the right not to accept the Buyer's return of the Goods if the Buyer does not comply with the return procedure set out in this Section. The Buyer shall be liable for the value of the Goods diminished due to actions/factors/circumstances which were not necessary to determine the nature, characteristics, completeness of the Goods.
8.8.The Buyer, who is a Consumer, shall have the right to replace the Goods within 14 (fourteen) calendar days from the date of receipt of the Goods with similar Goods of a different size, shape, colour, model or completeness, except for the Goods provided for in Clause 8.12 of this Section. If a price difference arises as a result of the replacement of the Goods, the Buyer shall be obliged to pay the Seller in accordance with the recalculated prices of the Goods. The Buyer's request to replace the Goods shall be granted provided that all the conditions set out in Clause 8.6 of this Section are met and there are no other circumstances provided for in the Conditions. In order to exercise this right, the Buyer must deliver the Goods to the Seller in the manner set out in Clause 8.4 of this Section and provide the original documents of purchase of the Goods.
8.9 If the Seller does not have Goods suitable for replacement, the Seller shall notify the Buyer and the Buyer shall have the right to return the Goods to the Seller within 14 (fourteen) calendar days from the date of the relevant notification. In such case, the provisions for the return of quality Goods discussed above shall apply.
8.10. If the Goods are returned in accordance with the procedure set out in clauses 8.1 to 8.7 of this section of the Seller's Terms and Conditions of Sale of Goods, or are replaced with other Goods as provided for in clause 8.8 of the Seller's Terms and Conditions of Sale of Goods, the Buyer shall be liable for the full cost of returning the Goods. Where Goods are returned to the Seller in poor quality, the Seller shall reimburse the Buyer for the cost of returning the Goods.
8.11. If the returned Goods are defective and can be returned in accordance with the procedure set out in this Section of the Rules of Sale and Purchase of Goods, the Buyer, who is a Consumer, must, at his own expense, no later than within 14 (fourteen) calendar days from the day on which he has given the relevant notice to the Seller, return the Goods (if the Goods have been already delivered to the Seller) to the Seller, by sending the Goods to the following address: UAB "OLD LT", Akmenų g. 12, Klaipėda, LT-92347. 8.4 in the manner specified in clause 8.4 (marked "Return of defective goods"). You must return the Goods together with the Purchase Receipt received at the time of delivery of the Goods and a description of the defects observed, as well as at your request (you may also use the sample withdrawal form (with information about the defects of the Goods), which is attached to the Rules of Purchase of the Goods as Annex No. 1).
8.12. Please note that in the event that the Goods purchased on the basis of the Contract are classified as goods which have been unpacked after delivery and which are unsuitable for return on health or hygiene grounds, in accordance with the requirements of the applicable legislation pursuant to Article 6.228(10)(2)(5) of the Civil Code The request of the Buyer, who is a Consumer, to replace the purchased Goods of adequate quality with similar Goods or to refund the money paid, for the reasons referred to in Article 6.362 of the Civil Code of the Republic of Lithuania, may only be satisfied with the separate consent of the Seller.
9. Guarantee of the quality of the Goods
9.1 The Goods shall be subject to a warranty of quality and (or) fitness for use granted by their manufacturer, the specific term (duration) and/or other terms and conditions of which, including the conditions of exclusion of the warranty, shall be specified in the packaging of such Goods and/or in the warranty booklets provided with the Goods. If certain types of Goods are not covered by a manufacturer's quality guarantee, such Goods shall be subject to a two-year statutory guarantee and the manufacturer's commercial guarantee, which shall not limit or restrict the rights of the Purchasers under the Civil Code of the Republic of Lithuania in the event of purchase of a product of defective quality.
9.2 The Buyer, having purchased Goods of unsatisfactory quality, shall have the right, at its option:
9.2.1. demand that the Seller remedy the defects in the Goods free of charge; or
9.2.2. require the Seller to replace the defective Goods free of charge with Goods of suitable quality; or
9.2.3. require the Seller to reduce the price of the Goods accordingly; or
9.2.4. unilaterally terminate the Contract and demand a refund of the price paid for the Goods.
9.3 The Buyer understands that the colour, shape and/or other parameters of the Goods displayed on the Website may not correspond to the actual shape, colour and/or other parameters of the Goods due to the technical characteristics of the device used by the Buyer. Therefore, in the event that you require any further information, advice or instructions regarding our Goods, please contact the Seller directly at [email protected].
10. Marketing measures applied by the Seller
10.1 The Seller reserves the right, at its sole discretion, to introduce and/or withdraw offers, promotions or changes to the prices of the Goods published on the Website or any material or content on the Website at any time, without prejudice to the Customer's rights, including the terms of the Contract entered into prior to any such change.
11. Exchange of information
11.1 The Seller shall send all notices to the Customer in accordance with the procedure set out in clause 2.2 of the Terms and Conditions of Sale of Goods to the email address provided by the Customer.
11.2 The Customer shall send all its notices and questions to the Seller at the contact details set out in clause 12.5 of these Terms and Conditions of Sale and Purchase.
12. Final provisions
12.1 These Terms and Conditions of Sale and Purchase of Goods shall form an integral and inseparable part of the Terms and Conditions. Issues related to the purchase of Goods on the Website and the use of the Website, which are not regulated by these Terms and Conditions of Sale and Purchase, shall be regulated by the Terms and Conditions of Use of the Website and/or other documents of the Rules. In the event of any inconsistency between the other documents constituting the Terms and Conditions and these Terms and Conditions, the Terms and Conditions shall apply.
12.2 The Buyer and the Seller agree that all disputes, claims and/or disagreements arising in connection with the Contract or arising out of its performance, breach, termination or invalidity shall be settled by negotiation. In the event that an agreement cannot be reached by negotiation, disputes shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania, as specified in the Website Usage Procedure.
12.3 In case the Buyer disagrees with the Seller's response to the Buyer's written complaint, the Buyer may submit his/her request/complaint regarding the goods purchased at shop.aromatic89.com to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: [email protected], tel. 8 5 262 67 51, fax. (8 5) 279 1466, on the website www.vvtat.lt (as well as the territorial units of the State Consumer Rights Protection Office in the districts) - or by filling in the request form on the EGS platform https://ec.europa.eu/odr/.
12.4 The Seller has the right to change, modify or supplement the Terms and Conditions of Sale and Purchase of Goods in the manner provided for in the Website Terms and Conditions of Use, and therefore, when the Buyer places an order for the Goods, the Terms and Conditions of Sale and Purchase of Goods in force at the time of placing the order for the Goods shall apply. In all cases, the Buyer undertakes to make itself aware of the Terms and Conditions of Sale of Goods at the time of placing each order for Goods by ticking the link indicating that it has read the Terms and Conditions. By doing so, the Buyer confirms that he/she has read and understood the Terms and Conditions, including the current version of the Terms and Conditions of Sale and Purchase, in force on the Website at the time of ordering the Products.
12.5 If You wish to inform Us of a breach of the Terms and Conditions of Sale of Goods, if You have any questions, claims or if You need Our assistance in interpreting or applying the Terms and Conditions of Sale of Goods, please contact Us at [email protected]. We will respond to your written enquiries within 14 (fourteen) calendar days of receipt of the enquiry.