Purchase rules

1. GENERAL TERMS AND CONDITIONS

1.1. These Purchase Rules (hereinafter – the Rules) aim at informing the persons who buy items from our e-store about the terms and conditions of sale and at providing information about the Seller.

1.2. These Rules shall apply in all cases when the Buyer purchases items from this e-store (e-store address: [link to the e-store] (hereinafter – the E-Store) and shall be considered as the Purchase Contract. The person who buys items from the E-Store shall hereinafter be referred to as the Buyer.

1.3. These Purchase Rules shall regulate the rights and mutual obligations of the Buyer and the Seller, the price of items, payment procedure, delivery conditions and terms, rules for the return and replacement of items, liability of the parties, other related terms and conditions and shall apply to each purchase on the E-Store. These Rules shall be considered the Purchase Contract made between the Buyer and the Seller.

1.4. Before placing an order for items in our E-Store, the Buyer shall read and accept these Rules and our Privacy Policy. Please, read these documents carefully. If the Buyer does not tick that he/she has read and accepted these Rules and the Privacy Policy, it will not be possible to complete the order.

1.5. The Seller shall have the right to amend these Rules, therefore, it is advisable to revisit these Rules each time before purchasing in our E-Store.

2. INFORMATION ABOUT THE SELLER

2.1. The Seller is UAB L.B.D. Baltics, legal entity identifier: 303039506, VAT payer’s identifier: LT100007980118, office address: Šv. Stepono g. 10-4, LT-01138 Vilnius, Lithuania (hereinafter – the Seller). Data about the Seller are compiled and stored in the Register of Legal Entities, registrar – State Enterprise Centre of Registers. You may contact us using the following contact details: e-mail: info@vaikyste.shop; telephone number: – +37067714742.

3. PERSONAL DATA PROTECTION

3.1. All the personal data provided by the Buyer (name, surname, address, telephone number, e-mail address, etc.) when preparing an order shall be processed in accordance with the EU General Data Protection Regulation (No. 2016/679), the Republic of Lithuania Law on the Legal Protection of Personal Data (No. I-1374), other legal acts regulating personal data protection and the Privacy Policy.

3.2. The Buyer shall read and accept our Privacy Policy before placing an order for items. Where the Buyer has any questions or any part of the Privacy Policy is unclear, the Buyer may contact the Seller. The Seller shall give the explanations necessary for the Buyer without delay, not later than within 5 working days.

3.3. The Buyer shall immediately inform the Seller in case he/she has supplied inaccurate information about himself/herself when placing an order, which would prevent the Seller from delivering the items to the Buyer or would pose other difficulties in order to perform the Buyer’s order.

3.4. The Buyer shall be responsible for submission of correct personal data about himself/herself and, where necessary, for their prompt updating in case incorrect data have been supplied. Submission of incorrect personal data about himself/herself by the Buyer can lead to the Seller’s inability to perform or properly perform the Purchase Contract, i.e. to deliver the items to the Buyer. If the Seller performs the contract in an improper manner as a result of incorrect or inaccurate information submitted by the Buyer, the Buyer shall be held liable for the improper performance of the contract.

4. ITEMS

4.1. The E-Store sells books for children, backpacks, stationery, art supplies, illustrations. The Seller shall have the right also to sell the items other than those indicated in this clause.

4.2. The photographs of items and their images presented on the E-Store serve for illustration purposes and can have minor differences from the images available on the E-Store; irrespective of that, the Seller has made all efforts to have the items sold on its E-Store and their colour to be represented as accurately as possible. By accepting these Rules, the Buyer acknowledges that he/she understands that the items can have minor differences from their available photographs and images.

4.3. The packaging of items is not shown along with the image of the items, except in the cases when their packaging has major importance on the use of the items.

4.4. All the items shown on the E-Store are available and the Buyer may buy them, except where it is indicated with respect to a specific item that it is temporarily unavailable (e.g., there is an indication that the item is out of stock, has been sold out, etc.).

4.5. The prices stated on the E-Store exclude delivery costs. The delivery costs for items are stated separately when ordering the items. The delivery costs of items shall be paid by the Buyer.

4.6. Detailed information about the items and their main characteristics is available in the description of each item that the Buyer may access by clicking on the item before ordering. The item description states whether the item is designated for children and, if yes, the age of children. Information about the designation of the item for children is also provided on the packaging of any item.

5. CONCLUSION OF THE PURCHASE CONTRACT

5.1. Persons who can buy from the E-Store:

5.1.1. individuals from the age of 18;

5.1.2. individuals between 14 and 18 years old who have a consent from their parents or guardians;

5.1.3. legal entities;

5.1.4. representatives of the persons referred to in clauses 5.1.1 to 5.1.3.

5.2. The Buyer may buy items on the E-Store both with and without registration therein.

5.3. In order to purchase from the E-Store, the Buyer shall confirm his/her order. An order can be confirmed in the following steps:

5.3.1. put the product chosen into your cart;

5.3.2. enter the information (personal data) necessary for the delivery of the item: name, surname, e-mail address, telephone number, accurate address;

5.3.3. confirm that you have read these Rules and the Privacy Policy;

5.3.4. choose a method of payment for the item(s);

5.3.5. confirm payment for the items.

5.4. It shall be considered that the Purchase Contract has been made between the Buyer and the Seller after payment for the items has been confirmed.5.1.

5.5. As soon as the Buyer confirms payment for the items, an order confirmation will be sent by e-mail.

5.6. The Seller shall register all confirmed orders and maintain the register of orders, which shall be stored in the Seller’s database.

5.7. The Seller shall issue a VAT invoice to the Buyer for each order confirmed and paid. The VAT invoice shall be issued at the date when payment for the item(s) is received. The VAT invoice shall be attached to the shipment to the Buyer.

5.8. If the Seller is unable to sell the item wanted to the Buyer due to a system error because the item is no longer available for sale, the Seller shall inform the Buyer thereabout by e-mail or other means (e.g., by a phone call) and shall recall the order. All the money paid by the Buyer for such item shall be refunded not later than within 14 calendar days.

6. WITHDRAWAL FROM THE CONTRACT AND RETURN OF THE ITEMS

6.1. The Buyer shall have the right to withdraw from the Purchase Contract, i.e. to return the item(s) bough to the Seller without indicating any reason, within 14 calendar days after the day of receipt of the item(s). This right shall be available only to individuals and shall not apply to buyers who are legal entities.

6.2. If the Buyer (individual) decides to return any item(s) to the Seller, the costs of returning the item(s) to the Seller shall be covered by the Buyer.

6.3. In order to exercise the right to return any item(s) (withdraw from the contract), the Buyer shall send a free-format application to the Seller where he/she shall state that the Buyer is withdrawing from the contract (the form is available for downloading here: PDF format, DOCX format). Upon receipt of such application from the Buyer, the Seller shall immediately but, not later than within 2 (two) working days, send a confirmation that such application has been received.

6.4. Items shall be returned to the Seller’s address Šv.Stepono 10 – 4, Vilnius.

6.5. The Buyer shall send or otherwise hand over the item(s) to the Seller without delay and at least within 14 (fourteen) calendar days after the day of submission of his/her notification on the decision to return the items (withdraw from the contract). After the items returned have been shipped, it shall be considered that the time limit has not been exceeded if the items have been shipped before the expiry of the time period of 14 (fourteen) calendar days.

6.6. The Buyer may exercise his/her right to return any item(s) (withdraw from the contract) only in case the time limit of 14 (fourteen) calendar days as stated in clause 6.1 has not been missed and the items have not been damaged by the Buyer.

6.7. The Buyer who has made use of his/her right to return the items (withdraw from the contract) shall get back all the money, including the delivery costs. Delivery costs shall not be refunded if the items were delivered to the Buyer otherwise than using the customary delivery method and, as a result, the delivery costs were higher than the usual economy method of delivery.

6.8. The Seller shall have the right not to refund the amounts paid by the Buyer until the items have not been returned to the Seller and they quality has not been assessed. Upon receipt of the item(s), the Seller shall inspect its/their quality and refund the money to the Buyer without delay and not later than within 14 (fourteen) calendar days as of the day of receipt of the items.

6.9. The Buyer shall be liable for a decrease in the value of the items caused by the actions, which were not necessary in order to find out the type, properties and operation of the items. That means that the Seller shall have the right to decrease the amount refundable to the Buyer unilaterally in proportion to the estimated decrease in the value of the items. The Buyer shall be informed about any identified damage to the item(s) and the resultant decrease in its/their value.

6.10. The Buyer shall return all accessories and gifts along with the item. Failure to return them would mean a decrease in the value of the items.

6.11. When returning the items, the Buyer shall submit to the Seller the document to confirm the purchase of the items (e.g. the VAT invoice, etc.) or any other item of proof showing that the Buyer has bought the items from the Seller.

6.12. The Buyer shall in any case have all the rights provided for by legal acts of the Republic of Lithuania with regard to the sale of poor quality items.

6.13. The Buyer (both an individual and a legal entity) shall have the right to return the items for their quality defects. In such a case, the Buyer shall inform the Seller about such return of the items by completing a free-format application (the form is available for downloading here: PDF format, DOCX format). The Seller shall reimburse the cost of return of the item(s). The Seller may withhold the shipping costs for the items returned if the Buyer chooses a method other than recommended by the Seller for the return of the items and, as a result, the shipment costs increase disproportionately.

6.14. The Buyer to whom an improper quality item has been sold may choose one of the following options:

6.14.1. request the Buyer to eliminate the defects of the item (repair the item) free of charge;

6.14.2. request the Buyer to replace the improper quality item with the same or equivalent item of proper quality;

6.14.3. request the Seller to reduce the price accordingly, i.e. refund part of the money paid for the item;

6.14.4. terminate the contract unilaterally and request a refund of the price paid for the poor quality item.

6.15. After the item(s) has/have been returned, the amounts refundable to the Buyer (depending on the request chosen by the Buyer) shall be refunded to the Buyer to the bank account indicated by the Buyer in any bank operating in the Republic of Lithuania. If the Buyer chooses to request a refund of the price paid for a poor quality item, the money paid for the delivery of such item shall be refunded under the following procedure:

6.15.1. if the Buyer has bought only one item and it is of poor quality, a refund of the delivery costs shall be made to the Buyer if he/she has chosen one of the customary methods of delivery;

6.15.2. if the Buyer has bought more than one item and not all of them are of poor quality, the delivery costs shall not be refunded to the Buyer if one of the customary methods of delivery had been chosen;

6.15.3. if the Buyer and the Seller had agreed on the delivery methods other than the customary delivery methods offered by the Seller, the delivery costs shall not be refunded.

 

7. PRICE OF THE ITEMS

7.1. The price of items on the E-Store shall be shown on each item offered for sale.

7.2. The prices of the items on the E-Store are shown inclusive of VAT, where applicable.

7.3. The Buyer shall pay for the delivery of the items separately.

7.4. After the Buyer forms the shopping cart and selects a desired method for delivery, the total price for the items and their shipment, inclusive of all taxes payable, shall be shown to the Buyer.

7.5. The prices of the items subjected to the VAT shall be stated inclusive of the specific VAT rate applicable at the relevant time. In case the VAT rate changes within the time period between the order for the items and the receipt of payment, the price of the items may be recalculated according to the new VAT tariff. In such a case, the Seller sell inform the Buyer about the changes of the VAT tariff (by e-mail or phone call) and shall offer him/her an opportunity to purchase the items under the new VAT tariff or cancel the order. The order shall not be completed until the Buyer’s reply has not been received. In case the Buyer fails to submit his/her reply within 14 calendar days, it shall be considered that the Buyer has revoked the order.

7.6. If the item ordered by the Buyer has been listed on the E-Store with a wrong price, the Seller shall contact the Buyer (by e-mail or phone call) and inform the Buyer about the mistake and shall cancel the order. In order to buy the same item, the Buyer shall make an order anew after the error has been corrected and the true price of such item has been listed.

8. PAYMENT FOR THE ITEMS

8.1. The Buyer may pay for the items by electronic banking or a bank card – by entering the details of the bank card (name and surname of the card holder, card number, expiration date of the card, CVV);

8.2. If the Buyer chooses electronic banking to pay for the item(s), the Buyer shall make the following steps:

8.2.1. log into his/her online banking;

8.2.2. after logging into online banking, the Buyer will see payment order and he/she shall confirm the pre-made payment order.

8.3. If the Buyer chooses to pay for the item(s) with a bank card, the Buyer shall make the following steps:

8.3.1. enter the card data referred to in clause 8.1;

8.3.2. confirm the payment.

8.4. The E-Store accepts Visa and MasterCard bank cards for payment.

8.5. The Seller reserves the right to offer new methods of payment for the items. After the Seller offers new methods of payment for the items, these Rules would be updated to the extent necessary to adjust them to the new method of payment.

9. DELIVERY OF ITEMS

9.1. Items may be delivered:

9.1.1. home by a courier;

9.1.2. to the selected self-service terminal;

9.1.3. by collecting the items at the collection point at the address.

9.2. The price for the delivery of items is indicated once a desired method of delivery of the items to the Buyer has been chosen.

9.3. The Seller shall ship the items to the Buyer not later than within 2 working days, if the delivery methods referred to in clauses 9.1.1 and 9.1.2 are chosen. The time of delivery of items to the Buyer may differ depending on the delivery place indicated.

9.4. The items shall be delivered to the Buyer to the address he/she has indicated. The Buyer shall be responsible for the correctness of his/her address.

9.5. Items shall be delivered to the Buyer not later than within 30 days after the day of order confirmation.

9.6. The title to items shall pass over to the Buyer as of the moment of acceptance of the items. Before accepting the items, the Buyer shall check their condition together with the courier’s representative. If any defect in the items is identified, the Seller shall have the right to refuse to accept such shipment. In such a case, the Buyer shall, together with the courier’s representative, complete a special shipment inspection statement to be provided by the courier’s representative and shall state the damage identified.

9.7. Once the shipment has been accepted and the fact of delivery has been confirmed with the signature (in the hard-copy delivery receipt or the electronic data device), it shall be considered that the items delivered have not been damaged and the items have been delivered in a proper manner.

9.8. Upon delivery of the items to the address indicated by the Buyer, it shall be considered that the items have been handed over to the Buyer, irrespective of whether the shipment has been accepted by the Buyer in person or by any other person.

9.9. The Buyer must check the quantity, completeness and composition of the items within 7 (seven) calendar days after the day of acceptance of the shipment. If any deficiencies are identified, the Buyer shall contact the Seller immediately within 7 (seven) calendar days after of the day of acceptance of the items. In such a case, the Seller shall remedy the shortcomings in the quantity, completeness and/or composition of the items at its own cost. If the Buyer does not comply with this obligation within the set time limit and does not contact the Seller, it shall be considered that the items, their quantity, completeness and composition conform to the requirements of these Rules.

9.10. The Seller shall have the right to offer other methods for the delivery or collection of items in the future. In such a case, these Rules would be updated to the extent necessary to adjust them to the new methods of delivery or collection of the items.

10. OBLIGATIONS OF THE BUYER AND THE SELLER

10.1. The Buyer hereby undertakes:

10.1.1. to provide correct and complete information necessary for the delivery of the items about himself/herself when placing an order;

10.1.2. to pay for the items ordered and collect/accept them under the procedure set out by these Rules;

10.1.3. before starting to use the items, to make sure that the Buyer has received the particular item ordered and make sure that it has no damage and is of good quality;

10.1.4. to use the E-Store in good faith, without interfering with its customary activities and without breaching the requirements of legal acts of the Republic of Lithuania;

10.1.5. not to use the items for commercial, resale purposes;

10.1.6. to comply with the requirements of these Rules and legal acts of the Republic of Lithuania as much as that is related to purchasing on our E-Store;

10.1.7. before starting the use of items according to their purpose, taking into consideration the fact that the items can be suitable for use only for the persons of a specific age, to make sure that the user of the item (both where the user is the Buyer and where the item is handed over for use to another person, e.g., a child) is of the age suitable for using the specific item (e.g., paints can be suitable for children of specific age or not suitable for children – before starting to use the item, the Buyer shall make sure that the item has been designated for the person who will actually use the item according to its purpose). Information about the age group for which the item is designated is available on the item description and on the item packaging.

10.2. The Seller undertakes:

10.2.1. to ensure the protection of the personal data provided by the Seller in accordance with legal acts regulating personal data protection;

10.2.2. to deliver to the Buyer the items ordered and paid by the Buyer in accordance with the provisions of section 9 of these Rules;

10.2.3. to comply with the requirements of these Rules and legal acts of the Republic of Lithuania as much as that is related to purchasing made by the Buyer on our E-Store.

11. WARRANTY

11.1. The legal acts of the Republic of Lithuania grant the warranty (statutory warranty) of two years for the items bought by the Buyer.

11.2. As far as the warranty for poor quality item is concerned, the Buyer shall contact the Seller during the warranty period by e-mail info@vaikyste.shop.

11.3. When delivering the item to the Seller because of its quality defects, the Buyer shall also submit the document confirming the purchasing of the item (VAT invoice, etc.) to the Seller;

11.4. When delivering a poor quality item to the Seller, the Buyer shall state how he/she wishes the complaint to be addressed:

11.4.1. eliminate the item deficiencies, where possible;

11.4.2. replace the item with an analogous, proper quality item, where possible;

11.4.3. reduce the purchase price (part of the price paid shall be refunded to the Buyer);

11.4.4. refund the whole item price and cancel the contract.

11.5. The Seller shall provide its response to the complaint within 14 calendar days.

12. LIABILITY

12.1. The Buyer shall be held responsible for all actions made on the E-Store, including but not limited to the correctness of the information provided. The Buyer shall assume full responsibility for the consequences resultant from the inaccurate or incorrect information provided by the Buyer.

12.2. In case the Buyer indicates that he/she has read these Rules and the Privacy Policy although he/she does not do that, the Seller shall, to the extent that is not contrary to legal acts of the Republic of Lithuania, be released from liability for the losses resultant from the Buyer’s failure to read the above-referred documents.

12.3. If the Seller violates these Rules, it shall be liable for the Buyer’s damage directly resultant from the breach of these Rules.

12.4. The Buyer shall be held responsible for any damage resultant from his/her use or handing over for use of the items to another person, if such items have not been designated for that person according to his/her age.

13. SENDING OF NOTICES

13.1. In order to contact the Seller, the Buyer may do that by e-mail info@vaikyste.shop, phone numbers +37067714742 or by sending a regular or registered letter to the address: Šv. Stepono g. 10-4, LT-01138 Vilnius,

13.2. In order to contact the Buyer, the Seller shall use the contact details indicated when placing the order.

13.3. Al the notices (complaints, claims, etc.) sent by both parties by e-mail shall be considered as sent in writing.

14. FINAL PROVISIONS

14.1. These Rules have been drawn up in accordance with legal acts of the Republic of Lithuania. Where any provision of these Rules conflicts with the provisions of legal acts, that does not invalidate the remaining provisions of these Rules.

14.2. The law of the Republic of Lithuania shall apply to all legal relations arising out of these Rules.

14.3. Any contract made between the Seller and the Buyer shall be regulated by the provisions of these Rules and other documents referred to herein. Any deviations from these Rules shall be valid only if formalised by a written document.

14.4. All disagreements concerning these Rules shall be settled by negotiations. In case of failure by the Parties to agree within 30 calendar days, the disputes shall be resolved under the procedure set out by legal acts of the Republic of Lithuania.

14.5. If the Buyer does not agree with the Seller’s response to the Buyer’s written claim, the Buyer (individual, consumer) may submit his/her request or complaint concerning the item purchased on the E-Store to the State Consumer Rights Protection Authority (Vilniaus g. 25, LT-01402 Vilnius, e-mail: tarnyba@vvtat.lt, tel. 85 262 67 51, fax, (85) 279 1466, website vvtat.lt (as well as to the territorial county units of the State Consumer Rights Protection Authority) or may complete the application form on the EGS platform https://ec.europa.eu/odr/.

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