Terms and Conditions
1. GENERAL PROVISIONS
1.1. The terms and conditions of this online store (hereinafter – the Terms and Conditions) are a legally binding document for the Buyer and the Seller (hereinafter – the Seller), which determine the rights and obligations of the Parties.
1.2. By purchasing goods in the online store, the Buyer agrees to the application of these Terms and Conditions.
1.3. The Seller reserves the right to change, amend or supplement these Terms and Conditions at any time. The Buyer is informed about changes of the Terms and Conditions on the website of the online store.
2. CONCLUSION OF PURCHASE – SALE AGREEMENT
2.1. The purchase-sale agreement between the Buyer and the Seller is considered concluded when the Buyer forms and submits an order for goods in the online store, having previously familiarized himself with these rules and is valid until the full fulfillment of the obligations under this agreement. In cases where the Buyer does not agree with all or a certain part of the Rules, he must not place the order.
3. RIGHTS OF THE SELLER
3.1. In the event of important circumstances, the Seller may temporarily or completely suspend the operation of the online store without notifying the Buyer in advance.
3.2. The seller has the right to change, suspend or terminate the operation of certain functions or part of them, as well as to change the layout of the elements in the online store. The performed changes in activity do not affect the execution of the contract already concluded before these changes.
3.3. The Seller has the right to cancel the Buyer’s order without prior warning, if the Buyer, having chosen to pay using electronic banking or electronic payment systems “Paysera” and “Paypal”, does not pay for the goods within 3 (three) business days.
3.4. If the Buyer tries to harm the work, stability and security of the online store or violates his obligations, the Seller has the right to limit or suspend his access to the online store without warning.
3.5. The Seller has the right to cancel the Buyer’s order without prior notice if:
3.5.1. the Seller fails to contact the Buyer within 2 (two) business days after placing the order;
3.5.2. The Buyer does not provide the Seller with the requested information within the deadline specified by the Seller;
3.5.3. The Buyer does not give the Seller consent to check his personal data;
3.5.4. In exceptional cases, under objectively reasonable circumstances that the Seller could not foresee and control in advance, the delivery of goods directly supplied by the Supplier may be delayed or impossible. In this case, the Seller undertakes to immediately contact the Buyer regarding the possibilities of further execution of his order.
3.6. The Seller has the right to unilaterally change these Terms and Conditions by publishing them on the website of the online store. Changes take effect from the moment of publication for all transactions concluded after publication.
3.7. Given the fact that the Seller’s online store offers an extremely wide range of Products, despite all reasonable efforts of the Seller, there remains the possibility that some of the Products may be presented at incorrect prices. In the event that the Seller determines that the price of the Goods is incorrect, the Seller shall inform the Buyer of this by e-mail or other means (call and/or SMS) and cancel the order. In order to purchase the same Product at a fair price, the Buyer must re-order it. It should be noted that if the price error is obvious and the Buyer could reasonably have recognized such a wrong pricing, the Seller is not obliged to sell the Goods to the Buyer at an incorrect (lower) price.
3.8. The Seller has other rights provided for in the Terms and Conditions and legal acts of the Republic of Lithuania.
4. OBLIGATIONS AND WARRANTIES OF THE SELLER
4.1. The Seller guarantees the quality of the goods.
4.2. The Seller undertakes to make efforts to make it possible to use the services of the online store, the operating conditions of which are determined by these Terms and Conditions.
4.3. The Seller undertakes to deliver the goods purchased by the Buyer by the delivery method chosen by the Buyer, based on the conditions set by these Terms and Conditions.
4.4. When, due to unforeseen circumstances, the Seller cannot deliver the goods ordered in the online store, the Seller has the right to terminate the Purchase-Sale Agreement after notifying the buyer beforehand. The Seller can offer a similar product. If the Buyer refuses, the Seller undertakes to return the money paid within 10 business days. Stock balance and e. in the store may not match, therefore the Seller reserves the right to cancel the Buyer’s order or part of it for goods that were no longer in stock before the order was executed.
4.5. In case the Buyer uses Clause 5.2. of the Terms and Conditions, the Seller undertakes to return the money paid to the Buyer within 10 business days from the day of receipt of the returned goods.
4.6. The Seller may not return the amount paid to the Buyer until the goods are returned to the Seller.
4.7. The Seller, not agreeing to the requirements stated in the Buyer’s written request, must provide the Buyer (user) with a detailed, motivated written answer no later than within 10 (ten) calendar days from the date of receipt of the Buyer’s written request, unless the legal acts of the Republic of Lithuania and the European Union stipulate otherwise.
4.8. The Seller undertakes to comply with other requirements set forth in these Terms and Conditions.
5. RIGHTS OF THE BUYER
5.1. The Buyer has the right to purchase goods in the online store in accordance with these Terms and Conditions.
5.2. The Buyer has the right to withdraw from the contract of sale of goods concluded in the online store, by notifying the Seller in writing no later than 14 (fourteen) calendar days from the day of delivery of the goods. The Buyer can use this right in accordance with the procedure and cases established by the legal acts of the Republic of Lithuania.
5.3. The Buyer can exercise the Buyer’s right discussed in Clause 5.2 only if the product has not been damaged or its appearance has not changed substantially, as well as if it has not been used.
6. OBLIGATIONS OF THE BUYER
6.1. The Buyer must pay for the purchased goods and accept them in accordance with the procedure provided for in these Terms and Conditions.
6.2. If the Buyer, during the delivery of the goods, refuses to accept the goods without reasonable reasons, the Buyer must cover the costs of returning the goods at the Seller’s request.
6.3. During the delivery of the goods to the Buyer, the Buyer must, together with the Seller or the person who delivered the shipment, check the condition of the shipment and the product(s) and not accept the goods if their quality is inadequate.
6.4. By using the online store, the Buyer confirms that he agrees with these Terms and Conditions and must comply with them.
6.5. If the data provided in the Buyer’s registration form changes, the Buyer must update it immediately.
6.6. The Buyer must comply with other requirements established in the Terms and Conditions and legal acts of the Republic of Lithuania.
7. PRICES OF GOODS
7.1. The prices of goods in the online store are indicated in euros. Prices include VAT. After confirmation of the order, the delivery fee, if applicable, is added to the total amount of the price.
8. ORDERING AND PAYMENT FOR THE GOODS
8.1. After visiting the online store, the Buyer chooses the products he likes and puts them in the shopping cart. After creating the shopping cart, the Buyer logs in to his personal account, if the Seller provides the opportunity to create a personal account, or enters the personal data necessary to complete the order: his name, surname, address where the goods will be delivered, phone number and additional information that may be important when delivering the ordered goods. The Buyer confirms that he has read these Terms and Conditions and confirms the order.
8.2. Payment can be made using electronic banking services, Visa / MasterCard payment cards or other methods permitted by the Seller.
9. DELIVERY OF THE GOODS
9.1. When ordering goods, the Buyer must specify the exact delivery address of the goods.
9.2. The Buyer must accept the goods himself. If the Buyer cannot accept the goods himself, but the goods are delivered to the address specified by the Buyer, the Buyer has no right to make claims regarding the goods delivered to the wrong person or the quality of the goods.
9.3. If the goods will not be accepted by the Buyer, the Buyer must specify the data of the person who will accept the goods when filling in the delivery information of the order.
9.4. When accepting goods, it is necessary to present a valid document confirming personal identity (identity card, passport or new model driver’s license).
9.5. The Seller delivers the goods to the Buyer in accordance with the terms specified in the product descriptions or these Terms and Conditions.
9.6. The term of delivery of goods is at least 7 business days, unless otherwise stated in the description of the goods or the order confirmation.
9.7. The plants are delivered to the Buyer by specially adapted means. Taking into account that the plants may be damaged by inappropriate weather conditions during their delivery, as a result of which the plants would lose their quality characteristics, the plants are delivered to the Buyer only when the air temperature, for two days in a row, is not lower than 9 degrees Celsius.
9.8. The Buyer agrees and does not object that in case of air temperature below 9 degrees Celsius, the delivery term will be extended by such term that the air temperature was below 9 degrees Celsius.
9.9. The characteristics of all goods sold are indicated in the description attached to each item. The Seller is not responsible for the fact that the color, shape or other parameters of the goods in the online store may not correspond to the real size, shape and color of the goods due to the characteristics of the monitor used by the Buyer, other devices or other technical reasons.
9.10. The exact delivery price depends on the weight of the ordered goods, the price, the chosen payment method and the delivery method.
9.11. When the Buyer cancels the purchase-sale agreement, all amounts paid by the Buyer are returned to the Buyer, including the costs of delivery of the goods paid by the Buyer.
9.12. The Seller is released from responsibility for the violation of the deadlines for the 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 or due to circumstances beyond the control of the Buyer.
9.13. During the delivery of the goods to the Buyer, the Buyer must check the condition of the shipment and the goods(s) together with the courier who delivered the goods, and sign the shipment transfer – acceptance document. After the Buyer signs the consignment transfer-acceptance document, it is considered that the goods have been handed over in a suitable condition, there are no damages, the basis of which cannot be attributed to a factory defect, and there are no discrepancies in the product(s) assembly (such as can be determined during the external inspection of the goods).
9.14. If a violation of the packaging and/or shipment of the goods, inconsistency in the quantity, quality, or assortment of the goods is detected, the Buyer or, depending on the case, the Buyer’s representative must not accept the shipment. In this case, the courier who delivered the goods, together with the Buyer or, depending on the case, the Buyer’s representative, fills out a package violation report, which indicates the defects found. If the Buyer does not perform these actions, the Seller is released from responsibility for the quality of the goods and damages, when the basis for the occurrence of such damages is not a factory defect, and for discrepancies in the composition of the goods only if these discrepancies can be determined during an external inspection of the goods.
9.15. The risk of accidental loss or damage of the goods passes to the Buyer from the moment the goods are handed over to the Buyer.
9.16. When ordering more than one product and choosing a courier delivery service, the packages can be split and delivered at different times, as they will be transported from different departments. There is no additional transportation fee for this.
10. RETURNING OF THE GOODS
10.1. Quality goods can be returned within 14 days from the day of their receipt, in accordance with the procedure established by the legal acts of the Republic of Lithuania. Defects of sold low-quality goods are eliminated, low-quality goods are exchanged, returned in accordance with the procedure established by the legal acts of the Republic of Lithuania.
10.2. These conditions must be followed when returning goods:
10.2.1. The returned item must be in its original, neat packaging;
10.2.2. The product must be undamaged by the Buyer;
10.2.3. The product must be unused, without losing its merchandise appearance: intact label, untorn protective film, etc. (this Clause does not apply in case of returning a defective product);
10.2.4. The returned item must be in the same package as the one received by the Buyer;
10.2.5. The Seller has the right to refuse to accept the goods returned by the Buyer if the conditions for returning the goods were not met;
10.2.6. The return of goods is carried out in the manner determined by the Seller within 14 (fourteen) days from the day of receipt of the goods;
10.3. The return and change of goods of suitable quality is carried out in accordance with the procedure established by the legal acts of the Republic of Lithuania.
10.4. The Buyer can exercise the right to return the goods only if the deadline for returning the goods has not been missed, the goods have not been damaged or their appearance has not fundamentally changed, and they have not been used. All returns must come with original tags, protective bags and original undamaged packaging.
10.5. Seller will not issue refunds for items damaged in shipping. The Seller is not responsible for parcels that were sent improperly packed, with an incorrect address, as well as if parcels were lost or damaged during shipping.
10.6. The money paid for the goods accepted by the Buyer, but later refused, is returned to the Buyer’s account no later than within 10 (ten) business days from the day of returning the goods to the Seller, unless the Seller and the Buyer agree otherwise.
11. RESPONSIBILITY
11.1. The Buyer is responsible for the correctness of the data provided in the registration form. The Buyer assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the data provided in the registration form.
11.2. The parties are responsible for the violation of the purchase and sale contract concluded using the online store in accordance with the procedure established by the legal acts of the Republic of Lithuania.
11.3. After registering, the Buyer is responsible for storing and/or transferring his login data to third parties. If the services provided by the Seller are used by a third person who has connected to the Seller’s online store using the Buyer’s login data, the Seller considers this person to be a Buyer.
11.4. The Seller is released from any responsibility in cases where the losses arise because the Buyer, regardless of the Seller’s recommendations and his obligations, did not familiarize himself with these Terms and Conditions, the Privacy Policy, although he was given such an opportunity.
11.5. The Seller is not responsible for the information provided on the websites of other companies, even if the Buyer accesses these websites through links in the Seller’s online store.
11.6. The seller is not responsible for the fact that the color, shape or other parameters of the goods presented in the online store do not correspond to the real size, shape and color of the goods due to the characteristics of the display used by the Buyer.
12. FINAL PROVISIONS
12.1. These Terms and Conditions are drawn up in accordance with the legal acts of the Republic of Lithuania.
12.2. These Terms and Conditions and relations between the Parties in relation to these Terms and Conditions are applied and interpreted based on the laws of the Republic of Lithuania.
12.3. The Seller sends all notifications to the e-mail address provided in the Buyer’s registration form or via SMS to the phone number specified by the Buyer.
12.4. The Buyer sends all messages and questions to the address specified in the “Contacts” section of the Seller’s e-store.
12.5. All disagreements arising from the implementation of these Terms and Conditions shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
12.6. The Parties are released from fulfilling their obligations under these Terms and Conditions if they cannot be fulfilled due to unforeseen circumstances beyond the control of the Parties (Force majeure).