1. General provisions.
1.1 These Terms and Conditions of Sale and Purchase of Goods (hereinafter referred to as the “Terms and Conditions”) are a legal document binding on the Parties, which establishes the terms and conditions of sale and purchase of the goods between the Buyer and Vilimed, UAB, Inc. 304982381 (hereinafter referred to as the “Seller”) and the rights, obligations and responsibilities of the Buyer when purchasing goods in the e-shop.
1.2 The Seller reserves the right to change, amend or supplement the Terms and Conditions at any time, taking into account the statutory requirements. The Buyer shall be informed on the e-shop website. When the Buyer shops in the e-shop, the Rules in force at the time of placing the order shall apply.
1.3 The following shall be entitled to make purchases in the e-shop:
1.3.1. able-bodied natural persons, i.e. persons who have reached the age of majority and whose legal capacity has not been restricted by court order;
1.3.2. minors between the ages of 14 and 18, only with the consent of their parents or guardians, unless they are self-sufficient in terms of income;
1.3.3. legal persons;
1.3.4. authorised representatives of all of the above.
1.4 By adopting the Rules, the Seller also warrants that, in accordance with clause 1.3 of the Rules, the Buyer is entitled to purchase the Goods in the e-shop.
1.5 The contract between the Buyer and the Seller shall be deemed to be concluded from the moment when the Buyer has created a shopping cart in the e-shop, indicated the delivery address, selected the payment method and read the Seller’s rules, and clicked on the “Confirm Order” button (see clause 5 “Ordering, prices, payment procedures, terms”).
1.6 Each contract concluded between the Buyer and the Seller is stored in the e-shop.
2. Protection of personal data.
2.1 The Buyer may:
2.1.1. by registering in this e-shop – by entering the data requested in the registration;
2.1.2. without registering in this e-shop.
2.2.When ordering goods in the manner provided for in Clause 2.1 of the Rules, the Buyer shall specify the Buyer’s personal data necessary for the proper execution of the order in the relevant information fields provided by the Seller, such as: name, surname, delivery address, telephone number and e-mail address.
2.3 By accepting these Terms and Conditions, the Buyer agrees to the processing of the Buyer’s personal data provided in Clause 2.2 for the purposes of the sale of goods and services in the e-shop, the Seller’s business analysis and direct marketing. The Buyer also consents to the use of the personal data collected for the purpose of the sale of goods and services for the purpose of contacting the relevant Data Controllers – organisations/individuals providing the services necessary for the sale of goods and services
2.4 By consenting to the processing of the Buyer’s personal data for the purpose of the sale of goods and services in the Seller’s e-shop, the Buyer also consents to the sending of information messages to the e-mail address and telephone number provided by the Buyer in order to fulfil the order.
2.5 The Buyer undertakes to protect and not to disclose the login data to anyone when registering in the e-shop and ordering goods.
2.6 The legal basis for processing and the rights of data subjects and the procedures for exercising them are made public https://vilimed.com/wp-content/uploads/2023/02/clipping-of-the-Personal-Data-Protection-Rules.docx.
3. Buyer’s rights and obligations.
3.1 The Buyer shall have the right to purchase goods in the e-shop in accordance with the procedures set out in these Terms and Conditions and in the other information sections of this e-shop.
3.2 The Buyer shall have the right to withdraw from the contract of sale and purchase of goods with the e-shop by notifying the Seller in writing (by e-mail, indicating the product to be returned and the order number) not later than within 14 (fourteen) working days from the date of delivery of the item, except for the cases when the contract cannot be withdrawn from the contract in accordance with the legislation of the Republic of Lithuania (e.g., in the case of the contract for the sale of hygienic goods – bedding; see the information available at the web page of the Public Institution “Consumer Center” https://www.vartotojucentras.lt/istatymas.php?id=1038).
3.3 The Buyer may exercise the right provided for in Clause 3.2 of the Regulations only if the goods have not been damaged or substantially altered in appearance and have not been used.
3.4 The Buyer undertakes to accept the goods ordered and to pay the agreed price for them.
3.5 If the data provided by the Buyer in the registration form changes, the Buyer must update them immediately.
3.6 The Buyer undertakes not to pass on his/her login details to third parties. If the Buyer loses his/her login data, he/she must immediately inform the Seller by the means of contact indicated in the “Contact” section.
3.7 By using the e-shop, the Buyer agrees to these Terms and Conditions of Sale and Purchase and undertakes to comply with them and not to violate the legislation of the Republic of Lithuania.
4. Seller’s rights and obligations.
4.1 The Seller undertakes to provide all the conditions for the Buyer to properly use the services provided by the e-shop.
4.2 If the Buyer attempts to undermine the stability and security of the Seller’s e-shop or violates his/her obligations, the Seller shall have the right to restrict or suspend the Buyer’s access to the e-shop or, in exceptional cases, to cancel the Buyer’s registration, immediately and without notice.
4.3 The Seller undertakes to respect the Buyer’s right to privacy with regard to the personal information belonging to the Buyer, as indicated in the e-shop registration form.
4.4 The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer.
5. Ordering, prices, payment procedures, terms.
5.1 The Buyer may make purchases in the e-shop 24 hours a day, 7 days a week.
5.2 The Contract shall commence from the moment when the Buyer clicks on the “Confirm Order” button, and upon receipt of the order, the Seller confirms the order by sending a confirmation email to the Buyer’s email address.
5.3 The prices of the Goods in the e-shop and in the order shall be quoted in euros.
5.4 The Buyer shall pay for the goods in one of the following ways:
5.4.1. payment by e-banking – prepayment through the e-banking system used by the Buyer. In order to use this form of payment, the Buyer must have signed an e-banking agreement with one of the banks listed below: SEB bankas; Swedbank AB; DNB Nord bankas; Parex bankas; Ūkio bankas; Danske bankas; Nordea bankas; Snoras bankas. The Buyer shall transfer the money to the e-shop’s current account. The responsibility for data security in this case lies with the respective bank, as all monetary transactions take place in the bank’s e-banking system.
5.4.2. Payment by bank transfer – this is a prepayment, where the Buyer, after printing the order and going to the nearest bank branch, transfers the money to the e-shop’s bank account.
5.5 The Buyer undertakes to pay for the Goods immediately. Only upon receipt of payment for the Goods shall the parcel of Goods be formed and the delivery period commence.
6. Delivery of Goods.
6.1 The Buyer undertakes to specify the exact place of delivery of the Goods by selecting the delivery service at the time of ordering.
6.2 The Buyer undertakes to accept delivery of the Goods himself. In the event that the Buyer is unable to take delivery of the goods himself and the goods are delivered to the address indicated, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the goods to the wrong entity.
6.3 The Goods shall be delivered by the Seller or the Seller’s authorised representative (courier).
6.4 The Seller shall deliver the Goods to the Buyer in accordance with the terms specified in the descriptions of the Goods. These deadlines are provisional and do not apply in cases where the Seller’s warehouse does not have the required goods and the Buyer is informed of a shortage of the ordered goods. The Buyer also agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such case, the Seller undertakes to contact the Buyer immediately to agree on the terms of delivery.
6.5 In all cases, 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 Buyer’s fault or due to circumstances beyond the Seller’s control.
6.6 The Buyer shall in all cases inform the Seller immediately if the consignment is delivered in broken or otherwise damaged packaging, if the consignment contains unordered goods or the wrong quantity of goods, or if the consignment is incomplete.
6.7 In all cases where the Buyer notices damage to the packaging at the time of delivery, the Buyer shall make a note or a separate report of such damage on the delivery note provided by the courier. The Buyer must do so in the presence of the courier. Failure to do so shall exempt the Seller from liability to the Buyer in respect of any damage to the goods in relation to damage to the packaging not noted by the Buyer in the courier’s delivery note.
6.8 Methods of Delivery:
6.8.1. by post (duration depends on the location);
6.8.2. LPExpress couriers (1-2 working days);
6.8.3. we deliver ourselves, if we are coming to your city in the nearest future:In Kaunas we will deliver at any agreed time;
6.8.4. Baršausko g. 59, Kaunas, at the company’s headquarters.
7. Quality of goods, guarantees.
7.1. The details of each item sold in the e-shop are generally specified in the description of each item.
7.2 The Seller shall not be liable for the fact that the colour, shape or other parameters of the goods in the e-shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the display used by the Buyer.
8. Returns and exchanges.
8.1.The defects of the sold goods shall be eliminated, the defective goods shall be replaced and returned in accordance with the Rules for Return and Replacement of Goods approved by the Order of the Minister of Economy of the Republic of Lithuania of 29 June 2001 No, in the case of the sale of hygiene products such as bed linen; see the information on the website of the Consumer Centre at https://www.vartotojucentras.lt/istatymas.php?id=1038, “Specifics on the return and exchange of non-food products”, point 18). In all cases, money for returned goods shall be paid only to the payer’s bank account.
8.2 If the Buyer wishes to return the product(s) pursuant to Clause 8.1 of the Regulations, the Buyer may do so within 14 (fourteen) working days from the date of delivery of the goods to the Buyer, by informing the Seller by the means of communication specified in the contact section, indicating the name of the returned goods, the order number and the reasons for the return.
8.3 In the event of a return of the wrong Goods and/or faulty Goods, the Seller undertakes to take back such Goods and to replace them with similar suitable Goods.
8.4 In the event that the Seller does not have suitable goods available for replacement, the Buyer shall be refunded the amount paid, excluding the delivery charge.
8.5 If the Buyer has been sold a food product of unsatisfactory quality before the expiry of the shelf life of the product, the Buyer shall have the right, at its option:
8.5.1. to have the product replaced with one of the same quality;
8.5.2. to reduce the price accordingly;
8.5.3. return the goods to the Seller and claim a refund of the money paid for the goods.
8.6 The Buyer may also exercise the rights set out in clause 8.5 of these Rules in the event that the Buyer is sold a product which has passed its expiry date.
8.7 Food goods of defective quality shall be exchanged or returned at the place of purchase or at any other place specified by the Seller and convenient for the Buyer. The Buyer shall provide the Seller with a written request and the product. The request shall specify the defects in the goods and the Buyer’s choice of one of the requirements set out in Clause 8.5 of these Rules. The request shall be accompanied by a cash register receipt or other document evidencing the purchase and sale of the goods from that Seller.
9. Responsibilities of the Buyer and the Seller.
9.1 The Buyer is fully responsible for the accuracy of the personal data provided by the Buyer. If the Buyer fails to provide accurate personal data in the registration form, the Seller shall not be liable for the consequences thereof and shall be entitled to claim direct damages from the Buyer.
9.2 The Buyer shall be liable for the actions carried out using this e-shop.
9.3 Once registered, the Buyer is liable for the transmission of his/her login data to third parties. If a third party uses the services provided by the e-shop by logging in to the e-shop using the Buyer’s login data, the Seller shall consider this person as the Buyer.
9.4 The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer’s failure to read these Terms and Conditions, notwithstanding the Seller’s recommendations and the Buyer’s obligations, even though the Buyer was given the opportunity to do so.
9.5 If the Seller’s e-shop contains links to the e-sites of other companies, institutions, organisations or persons, the Seller is not responsible for the information contained therein or the activities carried out therein and does not maintain, control or represent such companies and persons.
9.6 In the event of damage, the Party at fault shall indemnify the other Party against direct damages.
10. Marketing and Information.
10.1 The Seller may, at its sole discretion, initiate various promotions on the e-shop.
10.2 The Seller shall be entitled to unilaterally, without prior notice, modify the terms and conditions of the promotions, as well as to cancel them. Any modification or cancellation of the terms and conditions of the promotions shall only be effective prospectively, i.e. from the moment of their execution.
10.3 The Seller shall send all notifications to the means of communication indicated in the Buyer’s registration form.
10.4 The Buyer shall send all notifications and questions to the telephone numbers and e-mail addresses indicated in the “Contact” section of the Seller’s e-shop.
10.5 The Seller shall not be liable if the Buyer does not receive information or confirmation messages sent due to disruptions in the networks of the Internet connection, e-mail service providers.
11. Final provisions.
11.1 These Terms and Conditions of Sale and Purchase of Goods are made in accordance with the laws and regulations of the Republic of Lithuania.
11.2 All disagreements arising from the performance of these Terms and Conditions shall be settled by negotiation. In the event of failure to reach an agreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.