1. General provisions
1.1 These Terms and Conditions set out the terms and conditions and the procedure for the performance of the contract of sale concluded between the Seller and the Buyer when the Buyer shops on the Seller’s Website.
1.2 These Terms and Conditions set out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of goods and payment for them, the procedure for the delivery and return of goods, and other terms and conditions relating to the purchase and sale of goods on the Website.
1.3 The Buyer confirms these Terms and Conditions by ticking the checkbox and acknowledges them before creating a Buyer Account or, failing that, before purchasing the Seller’s goods. The approved Terms and Conditions shall constitute a binding legal document for the parties.
2.1 “Customer” means a Consumer who is a natural person with legal capacity, i.e. a person who has reached the age of majority and whose legal capacity has not been restricted by a court order; or a minor between the ages of fourteen and eighteen years who has the consent of his parents or guardians, except where he is emancipated; or a legal person purchasing goods for the purposes of his trade, business, profession or trade.
2.2 “Consumer” means a natural person who enters into, or seeks to enter into, a contract which is not connected with the person’s trade, business, trade, craft or profession. A consumer purchases goods or services solely for his/her personal, family or household needs.
2.3. “Seller” – PinAndTravel e-mail address firstname.lastname@example.org, address: vVaikystės g. 2A, Avižienių km., LT-14184 Vilniaus r.
2.4 “Website” means the website owned and operated by the Seller at www.PinAndTravel.lt on which the Buyer’s orders are placed and processed.
2.5 “Rules” means these Rules, which apply to every purchase made by the Buyer on the Website and to every contract of sale concluded between the Seller and the Buyer.
3. ORDERING GOODS
3.1 The Buyer may order the Goods on the Website by registering and creating an account or without registration. By placing an order, the Buyer accepts the Terms and Conditions and their application.
3.2 When the Buyer has paid for the Goods of his choice with the Seller, a contract of sale shall be deemed to have been concluded between the Seller and the Buyer. The Buyer shall be informed of the confirmation of the order by sending a notification to the e-mail address specified by the Buyer.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Buyer has the following rights when shopping on the Seller’s Website:
4.1.1. to receive, prior to the conclusion of the contract of sale and purchase, the necessary, correct, complete and non-misleading information about the goods to be sold, in accordance with the procedure laid down by law;
4.1.2. to demand from the Seller to replace the goods, to reduce the price of the goods, to eliminate the defects of the goods free of charge (repair the goods) in accordance with the procedure provided for in these Rules;
4.1.3. unilaterally terminate the Purchase and Sale Agreement and demand reimbursement of the price paid in accordance with the procedure set out in these Terms and Conditions;
4.1.4. to compensation for damages resulting from the sale of goods of defective quality;
4.1.5. if the Buyer is a Consumer, to apply to the authorities established by the Law on Consumer Rights Protection of the Republic of Lithuania or to the court, and if the Buyer is a legal entity – only to the court, if the Seller fails to comply with his/her legitimate demands to return the purchased goods, to eliminate their defects, to reduce the price, to replace them, and (or) to provide information.
4.2 The Buyer shall pay for and accept the goods ordered in accordance with the procedures and terms set out by the Seller in these Conditions and on the Website.
4.3 The Seller undertakes to execute the Buyer’s orders in accordance with the procedures set out in these Terms and Conditions and to communicate with the Buyer only by the methods set out on the Website, i.e. the Buyer’s email or telephone. The Parties agree that any other communication regarding the execution of an order made outside the methods discussed (other than by e-mail or telephone of the Buyer) shall not be binding on the Parties.
4.4 Subject to the terms and conditions set out in the Terms and Conditions, the Seller undertakes to deliver the Goods ordered by the Buyer and to accept the returned Goods.
4.5 The Buyer is prohibited from copying, using, distributing, reproducing or reproducing the information on the Website or its content without the written consent of the Seller.
4.6 The content, descriptions and layout of this Website, including photographs, video material and text, are protected by copyright and are the intellectual property of the Seller. The use of images, video material, text and any other textual or visual information is only permitted with the express written consent of the Seller.
5. PRICE AND PAYMENT ARRANGEMENTS
5.1 The Buyer may pay for the ordered goods by one of the following methods (the final list of payment methods is specified in the respective order):
5.1.1. through electronic banking;
5.1.2. by bank transfer;
5.1.3. in cash or by bank card at the time of delivery/collection (if available);
5.1.4. by any other means specified on the Website.
5.2 The prices of the goods on the Website are quoted in euros, including the VAT and other taxes applicable at the time in accordance with the law.
5.3 When the Seller receives payment for the Goods, the order is confirmed. The document confirming the order for the Goods shall be the VAT invoice, which shall also be the document of guarantee for the Goods. The VAT invoice may be physically delivered to the Buyer together with the Goods or electronically to the email address provided by the Buyer immediately after the order has been fulfilled.
6. DELIVERY OF GOODS
6.1 The Buyer may choose one of the delivery methods indicated on the Website. The price of delivery depends on the method of delivery chosen by the Buyer.
6.2 The Buyer may accept the goods ordered by himself by presenting a valid identity document (identity card, passport or driving licence) or by another person indicated at the time of ordering who presents his identity document to the representative of the company delivering the goods.
6.3 If the Buyer chooses to collect the goods from one of the Lithuanian Post Offices at the time of ordering, the rules for collection of goods shall apply.
6.4 If the Buyer chooses to collect the goods from one of Omniva’s post offices at the time of ordering, the Buyer shall be subject to the collection rules, which are available at HERE.
6.5 If the Buyer chooses to collect the Goods from one of LP EXPRESS at the time of ordering, the Buyer shall be subject to the Collection Policy, which is available at HERE.
6.6 In the case of delivery of goods by courier, the Buyer must sign the document of transfer and acceptance of the shipment. Once the Buyer has signed the delivery note, the goods shall be deemed to have been delivered. The risk of accidental loss of or damage to the goods shall pass to the Buyer from the moment the goods are handed over to the Buyer.
6.7 The Seller shall deliver the Goods to the Buyer in accordance with the terms set out in the order confirmation. In exceptional cases, the delivery of the goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In such a case, the Seller undertakes to contact the Buyer immediately and to inform the Buyer of any change in the delivery dates. If the Seller fails to deliver the goods within the additional period agreed between the parties, the Buyer shall have the right to withdraw from the contract of sale of the goods and to claim a full refund of the amount paid.
6.8 The Seller shall be exempt from liability for breach of the time limits for delivery of the goods if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties unrelated and/or independent of the Seller, or due to circumstances beyond the Buyer’s control.
6.9 If the Buyer fails to collect the Goods within the time limit or fails to deliver the Goods to the Buyer and the Buyer has paid for the Goods and their delivery, the Goods shall be returned to the Seller, the Contract of Sale and Purchase of the Goods shall be terminated, and the Buyer shall be refunded the money paid for the Goods, less any bank charges and delivery charges payable by the Seller.
6.10. If the Buyer fails to collect the Goods within the time limit or fails to deliver the Goods to the Buyer, and the Buyer has not paid for the Goods, such Goods shall be returned to the Seller and the Contract of Sale of the Goods shall be cancelled.
7. THE RIGHT TO WITHDRAW FROM THE CONTRACT OF SALE
7.1 The Buyer shall have the right to withdraw from the online distance sales contract within 14 (fourteen) days without giving any reason and without incurring any costs other than those set out in these Terms and Conditions, with the exception of the exceptions provided for in clause 7.2 of this paragraph.
7.2 The Buyer’s right to withdraw from the distance contract does not apply:
7.2.1. where the Buyer has ordered goods to the Buyer’s special order, which are not pre-manufactured and which are manufactured in accordance with the Buyer’s personal choice or instruction;
7.2.2. where the Buyer has ordered packaged goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;
7.2.3. legal persons.
7.3 The Buyer shall have the right to withdraw from the Contract and return the Goods to the Seller’s address provided that the Goods have not been damaged or substantially altered in appearance, nor have they been used, and that all Goods returned are accompanied by the authentic labels, protective bags and original packaging. The Buyer must inspect the goods as he would be able to do directly at the point of sale. Used quality goods may only be returned with the Seller’s goodwill.
7.4 The Buyer may withdraw from the Contract and return the Goods by logging in to their account on the Website. If the Buyer does not have an account on the Website, the Buyer must create one and enter the order number of the goods. Once the Seller has approved the Buyer’s return request, a return sticker shall be generated, which the Buyer shall deliver by registered mail to the address indicated by the Seller together with the returned goods and send the shipping code of the returned goods to the Seller’s email address no later than 14 (fourteen) days from the date of the Seller’s confirmation of the return of goods.
7.5 When returning the Goods, the Buyer must pack the Goods properly so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer which have been incorrectly packed, incorrectly addressed, or lost or damaged during return to the Seller.
7.6 The Seller shall reimburse the Buyer for any sums paid by the Buyer without delay and no later than 14 (fourteen) days from the date on which it receives the Buyer’s return of the goods. In refunding the Buyer all sums paid, the Seller shall use the same method of payment as the Buyer used to pay the Seller, unless the Buyer has expressly agreed to a different method and the Buyer does not incur any other additional costs.
7.7 The Seller may withhold any refund to the Buyer until the Goods have been returned to the Seller or until the Buyer has provided proof that the Goods have been dispatched to the Seller, whichever is the earlier.
7.8 The withdrawal period shall expire 14 (fourteen) days after the date on which the Buyer or the person specified in the Buyer’s order, other than the carrier, receives the goods ordered or:
7.8.1. if the Buyer has ordered more than one item in a single order and the items are delivered separately, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last item;
7.8.2. if the goods are delivered in different lots or instalments, from the date on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last lot or instalment;
7.8.3. if the contract is for the regular delivery of goods within a fixed period, from the date on which the Buyer or a person other than the carrier nominated by the Buyer receives the first goods.
7.9 The burden of proving compliance with the withdrawal requirements of this paragraph shall be on the Buyer.
7.10. If the Buyer exercises its right of withdrawal, the obligations of the parties to perform the Contract shall cease.
7.11.The Seller shall refund to the Buyer the price paid by the Buyer for the Goods, including delivery costs paid by the Buyer. The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer’s express choice of a method of delivery other than the cheapest usual method of delivery proposed by the Seller. The Buyer shall bear the costs of returning the goods.
8. PROCEDURE FOR THE EXCHANGE OF GOODS
8.1 The Buyer shall have the right to replace the purchased items within 14 (fourteen) days from the date of delivery of the goods with analogous items of a different size, shape, colour, model or completeness. If the exchange of items results in a price difference, the Buyer shall pay the Seller according to the recalculated prices. The right to exchange the purchased goods in accordance with the procedure set out in this paragraph shall only be granted if the Buyer is a Consumer.
8.2 The Buyer may exchange and return previously purchased Goods by logging in to their account on the Website. If the Buyer does not have an account on the Website, the Buyer must create one and enter the order number of the goods. Once the Seller has approved the Buyer’s request for exchange of the Goods, a return sticker shall be generated, which the Buyer shall deliver by registered post to the address indicated by the Seller together with the Goods to be returned, no later than 14 (fourteen) days after the date of the confirmation of the Seller’s confirmation of the return of the Goods, sending the consignment code of the Goods to the Seller’s e-mail address.
8.3 The Buyer shall be entitled to return the Goods to the Seller’s address provided that the Goods have not been damaged or substantially altered in appearance, nor have they been used, and that all returned Goods are accompanied by authentic labels, protective bags and original packaging. The Buyer must inspect the goods as he would be able to do directly at the point of sale. Used quality goods may only be returned with the Seller’s goodwill.
8.4 When returning exchangeable goods, the Buyer must pack the goods properly so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer which have been incorrectly packed, incorrectly addressed, or lost or damaged during return to the Seller.
8.5 If the Seller does not have Goods suitable for replacement, the Buyer shall have the right to return the Goods to the Seller within 14 (fourteen) days from the date of delivery of the Goods and to recover the price paid for the Goods in accordance with the procedure set out in 8.2. The Seller shall reimburse the Buyer for the price paid by the Buyer without delay, but not later than 14 (fourteen) days from the date of return of the goods to the Seller.
8.6 In the event of an exchange of Goods in the manner set out in this paragraph, the Buyer shall bear the full cost of delivery and return. If the Seller is unable to comply with the Buyer’s request to replace the Goods, the Seller shall refund the price paid by the Buyer for the Goods, including the Buyer’s delivery costs. The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer’s express choice of a method of delivery other than the cheapest usual method of delivery proposed by the Seller. The Buyer shall bear the costs of returning the goods.
8.7 The Buyer’s claim for replacement of the purchased goods of the same quality with similar goods or for a refund shall not be satisfied in the case of purchase of such goods outside the distance contract (in physical stores):
8.7.1. knitted underwear for men, boys, women or girls;
8.7.2. tights, stockings, socks and other similar articles;
8.7.3. sewn men’s, boys’, women’s or girls’ undershirts, nightdresses, pyjamas and similar articles;
8.7.4. bras, girdles, corsets and similar articles.
9. QUALITY OF GOODS AND BUYER’S RIGHTS WHEN SOLD GOODS OF DEFECTIVE QUALITY
9.1. the Goods are in conformity with the Contract and are of good quality if:
9.1.1. the item corresponds to the description provided by the Seller and has the same characteristics as the item provided by the Seller as a sample or model;
9.1.2. the item is suitable for the purpose for which items of this type are normally used;
9.1.3. the item is suitable for the specific purpose for which the Buyer has notified the Seller at the time of entering into the Contract and to which the Seller has agreed;
9.1.4. the item is of a quality that is typical of items of the same nature and that the Buyer can reasonably expect from the nature of the item and from the publicly available statements, including advertising and labelling, made by the manufacturer of the item, its representative or the Seller as to the specific characteristics of the item.
9.2 The photographs of the Goods on the Website are for illustrative purposes only and are exemplary. The colours, inscriptions, parameters, dimensions, sizes, functions and/or any other features of the original products may appear differently than in reality due to their visual characteristics, and the Buyer must therefore be guided by the characteristics of the goods as set out in the descriptions of the goods.
9.3 The Buyer who has been sold goods of unsatisfactory quality shall have the right to choose, at his option, within a reasonable period of time, but not later than 2 years from the date of delivery of the goods, to choose one of the available remedies:
9.3.1. require the Seller to rectify (repair) the defects in the goods free of charge;
9.3.2. require the Seller to replace, free of charge, the defective product with a product of suitable quality;
9.3.3. require the Seller to reduce the price accordingly;
9.3.4. unilaterally terminate the Contract and demand reimbursement of the price paid.
9.4 The Buyer shall not be entitled to terminate the Contract if the defect is minor.
9.5 No refunds will be given for goods that have been damaged intentionally or negligently (by chemicals, water, 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 improperly or for an improper purpose.
9.6 The Customer may return Goods that are not of satisfactory quality by notifying us at email@example.com.The Customer shall, when returning the Goods, specify the defects in the Goods and enclose a photograph clearly showing the defects. Once the Seller has approved the Customer’s request for the return of the goods, a return sticker is generated, which the Customer must deliver by registered mail to the address indicated by the Seller and send the consignment code of the returned goods to the Seller’s email address, together with the goods to be returned and the receipt confirming the cost of returning the goods, no later than within 14 (fourteen) days from the date of the confirmation of the Seller’s approval of return of goods.
9.7 If the Seller acknowledges that the goods sold to the Buyer were of inadequate quality, the Seller shall refund the price paid by the Buyer for the goods no later than within 14 (fourteen) days from the date of receipt of goods. The Seller shall also reimburse the Buyer for the costs of returning the goods of unsatisfactory quality.
9.8 When returning the Goods, the Buyer must pack the Goods properly so that they are not damaged during shipment. The Seller shall not be liable for parcels sent by the Buyer which have been incorrectly packed, incorrectly addressed, or lost or damaged during return to the Seller.
9.9.If the Seller accepts that the goods sold to the Buyer were of satisfactory quality, or the defect in the goods is minor, or the goods have become defective as a result of the Buyer’s actions referred to in clause 9.5 and the Buyer’s request is not granted, the Seller shall return the goods to the Buyer, without any refund of the amount paid by the Buyer and without reimbursement of the cost of return.
9.10. When an item of defective quality is replaced by an analogous item which differs in dimensions, model, type or other characteristics, the Buyer shall pay the difference between the contractual price and the price of the new item at the time of replacement. In such a case, the Seller shall also reimburse the Buyer for the costs of returning the faulty goods.
10. CHANGES TO THE RULES
10.1 The Seller may, at its sole discretion, modify these Terms. The Seller recommends that the Buyer visit the Website regularly to find the latest version of the Terms.
10.2 The Seller may notify the Buyer of material changes to the Terms and Conditions by contacting the Buyer using the contact information provided by the Buyer. The Seller may also take additional steps to the extent required by applicable law. Whether changes are deemed to be material shall be determined solely by the Seller. These changes shall be effective as of the “last updated” date indicated. Continued use of the Website after such changes have been made shall constitute Buyer’s acceptance of such changes.
11. FINAL PROVISIONS
11.1 Communication between the Parties shall be by means of the Website, email or telephone. In all cases, it is the Buyer’s responsibility to provide the Seller with a working email address.
11.2 After creating an account on the Website, the Buyer is responsible for the protection and/or transfer of his/her login data to third parties.
11.3 These Terms and Conditions are made in accordance with the laws of the Republic of Lithuania and the law of the Republic of Lithuania shall apply to the relations arising from them.
11.4 Any relationship between the parties arising out of the performance of these Terms and Conditions shall be settled by negotiation. In the event of failure to reach an amicable agreement within 14 (fourteen) days, disputes shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania.
11.5 In case the Buyer does not agree with the Seller’s response to the Buyer’s written claim, the Buyer (User) may submit his request / complaint regarding the purchased goods from the Seller to the State Consumer Rights Protection Service (Vilniaus St. 25, 01402 Vilnius, e-mail firstname.lastname@example.org, phone 85 262 67 51, website www.vvtat.lt – or fill in the application form on the EGS platform https://ec.europa.eu/odr/ .
For any questions please contact – email@example.com