Purchase – Sale Rules

Purchase and Sales Rules of the e-store at www.biovitup.com

General Provisions

1.1. Šios elektroninės  www.biovitup.com  (toliau – elektroninė parduotuvė) taisyklės (toliau taisyklės) yra Pirkėjui ir Pardavėjui (toliau Pardavėjas) juridškai privalomas dokumentas, kuriame nustatomos Šalių teisės ir pareigos.

1.2. The Buyer shall mean any person buying any goods at the E-store with or without registration (hereinafter referred to as the Buyer) hereto. The following persons/entities shall be entitled to buy at the E-store:

1.2.1. Legally capable natural persons, legal capacity of who is limited by a court;

1.2.2. Legal entities;

1.2.3. Authorized representatives of the said persons/entities.

1.3. The seller of the goods hereto shall be Elvana Sutkaitiene, , legal form of which MB“DOKAO“ Įmonės kodas:305621626, PVM Mokėtojo kodas :LT100014003710, Adresas: Smolensko g.19,Vilnius,Lietuva, data collected and stored in the Register of Legal Entities (hereinafter referred to as the Seller).

1.4. The Seller and the Buyer shall be individually referred to as a Party and collectively referred to as the Parties hereto.

1.5. The Rules hereto shall be the binding legal document to the Parties and lay down the rights, obligations and liability of the Seller and the Buyer, the terms, conditions and procedure of acquisition of, payment for, delivery and return of the goods acquired by the Buyer at the E-store.

1.6. The Seller shall reserve the right to amend, adjust or supplement the Rules hereto at any time following the requirements laid down in the legal acts. The Buyer shall be notified about such actions by the Seller on the website of the E-store. The amendments shall become effective as soon as they are published and shall apply to all transactions concluded afterwards; therefore, the Buyer is hereby advised to read the Rules before each purchase. The Rules effective at the time of placement of the order shall apply to the purchases made by the Buyer at the E-store.

1.7. By registering his/her account or placing an order at the E-store, the Buyer shall unconditionally confirm he/she is entitled to purchase at the E-store. By accepting the Rules hereto, the Buyer shall also confirm that conclusion of the purchase and sales contract by him/her does not violate any rights and legitimate interests of any third person. The Seller shall not assume any legal liability in the case the confirmation made by the Buyer appears to be absolutely or partially false or misleading.

1.8. The Seller shall be released from any liability in the case the Buyer fails to read the Rules in full or in part despite that fact that the Buyer was provided with such possibility.

1.9. By using the E-store, the Buyer shall accept the Rules hereto and undertake to comply with them and not to violate any legal acts of the Republic of Lithuania. If the Buyer does not accept the Rules hereto or any part thereof, a total price or any part thereof, any extra charges and/or extra expense, he/she should not place the order, buy the goods or conclude the purchase and sales contract with the Seller.

  1. Payment policy

2.1. The Buyer shall be entitled to buy at the E-store 24/7.

2.2. The Buyer shall be able to order the goods at the E-store:

2.2.1. By registering and signing in at the E-store, i.e. by entering data required to create his/her account;

2.2.2. Without registration at the E-store.

2.3. The Buyer shall choose his/her goods browsing through the E-store by adding them to his/her shopping cart. If the goods are ordered in accordance with the procedure laid down in Section 2.2 hereto, the Buyer shall enter his/her personal data required for acquisition, payment and delivery of goods and for proper execution of the order in the relevant information fields displayed by the Seller.

2.4. After visiting the e-shop, the buyer selects the goods he likes and adds them to the shopping cart. After forming the shopping cart, the Buyer enters the personal data necessary for order fulfillment: his name, surname, address to which the goods will be delivered, telephone number and additional information that may be relevant for delivery of the ordered goods. The buyer confirms that he has read these rules and confirms the order.

2.5. You can pay using Swed, Seb, Luminor bank electronic banking services and Visa / MasterCard payment cards. Payments are available in euros. Payments are processed using the MakeCommerce.lt payment platform.

2.6. After placing the order, the e-mail specified by the Buyer The Seller sends an automatically generated confirmation by e-mail that the Buyer’s order has been accepted in the Electronic Store.

2.7. As soon as an order is placed, the Seller shall send an auto-generated order confirmation to the Buyer’s e-mail address. The confirmation shall contain the URL reference to the Rules hereto to enable opening the Rules in the PDF format.

2.8. Personal data provided by the Buyer shall be processed in compliance with the requirements of the Law on the Legal Protection of Personal Data of the Republic of Lithuania, the General Data Protection Regulation No 2016/679 (since 25 May 2018) and other legal acts of the Republic of Lithuania which regulate the issues of processing and protection of such personal data, as well as the Privacy Policy of the Seller. Processing and storing the Buyer’s personal data the Seller shall implement the organizational and technical measures to ensure protection of the personal data against any accidental or unlawful destruction, alteration, disclosure, including any other unauthorized processing.

  1. Conclusion of the purchase and sales contract

3.1. The purchase and sale agreement between the Buyer and the Seller is considered concluded when the Buyer forms and submits an order for goods in the e-shop, having previously read these rules.

3.2. After concluding the purchase and sale agreement, the assortment of goods, their quantity, price, delivery time and other conditions specified during the Buyer’s order are binding on the Buyer and the Seller and may be changed only in accordance with these Rules.

3.3. The data provided during the order is stored in the Seller’s database.

3.4. The data submitted at the time of the order shall be stored in the Seller’s database.

  1. Rights of the Buyer

4.1. The Buyer shall be entitled to purchase goods at the E-store in accordance with the procedure laid down in the Rules hereto.

4.2. The Buyer shall be entitled to terminate the purchase and sales contract in accordance with the procedure laid down in the Rules hereto.

4.3. The Buyer shall be entitled to return the goods in accordance with the procedure laid down in the Rules hereto.

4.4. The Buyer shall be entitled to cancel or edit his/her Shopping Cart till the moment of choosing and confirmation of a payment method.

  1. Rights of the Seller

5.1. In the event of significant circumstances, the Seller may temporarily or completely suspend the operation of the e-shop without notifying the Buyer in advance.

5.2. If the Buyer tries to damage the operation, stability and security of the e-shop or violates its obligations, the Seller has the right to restrict or suspend his access to the e-shop without notice.

  1. Obligations of the Buyer

6.1. The Buyer shall accept the ordered goods and pay the agreed price for them in accordance with the procedure laid down in the Rules hereto.

6.2. By registering his/her account at the E-store and ordering goods, the Buyer shall undertake to keep and not to disclose his/her E-store log in data to anybody and shall not transfer and disclose them to any third persons. If the Buyer loses his/her log in data, the Buyer shall notify the Customer Service Department of the E-store in written immediately by using the means of communication specified in the Contacts section. The Seller shall not be liable for the acts of the third persons performed with the help of the log in data of the Buyer.

  1. Obligations of the Seller

7.1. The Seller shall provide a possibility to use the services of the E-store, the terms and conditions of operation whereof shall be laid down in the Rules hereto.

7.2. The Seller shall deliver the goods acquired by the Buyer by the method of delivery chosen by the Buyer and in compliance with the terms and conditions laid down in the Rules hereto.

7.3. The Seller shall respect the Buyer’s right to the privacy of the Buyer’s personal information.

7.4. The names and the main properties of the goods shall be provided in the Seller’s E-store wherein the goods are purchased and/or on the goods and/or on the packaging of the goods and/or in the information leaflets of the goods.

  1. Prices of the Goods

8.1. The prices of the goods and other services (including but not limited to extra charges and/or other expense, for example, carriage, delivery, postal and other expense) shall be indicated at the E-store and on the window of the final order in Euros, VAT inclusive. The Seller is the VAT payer.

  1. Delivery of the Goods

9.1. Ordering the goods, the Buyer shall specify accurate address for delivery of the goods. The service of delivery of the goods shall be subject to the fee specified at the E-store and valid at the moment of order placement, which shall be added to the price of the goods. The delivery fee shall be either fixed or dependent on the value of the goods ordered by the Buyer. It may be specified at the E-store that the fee of delivery of the goods shall not be charged if the value of the ordered goods exceeds a particular amount.

9.2. The Buyer shall be obliged to accept the goods personally unless he/she specifies that the goods may also be received by another person at the time of order placement. If the Buyer cannot accept the goods personally but the goods are delivered to the address specified by the Buyer, the Buyer shall not be entitled to launch any claims regarding the goods delivered to the wrong person.

9.3. Then Seller shall normally deliver the goods to the Buyer within 2–4 business days unless any different term of delivery is specified at the E-store. In any case, the goods may be delivered to the Buyer no later than within 30 (thirty) days. The calculation of the term of delivery of the goods shall begin on the following day after the crediting of the amount to the Seller’s account. The terms are preliminary. They shall not apply in the cases when the required goods are not available in the Seller’s warehouse and the Buyer is notified about the shortage of the goods ordered by the Buyer. By confirming acceptance of the present Rules the Buyer consents that in exceptional cases delivery of the goods may be delayed due to unforeseen circumstances which are beyond the control of the Seller. In such case the Parties shall put every possible effort in order to agree on the terms and other conditions of delivery of the goods. If the Seller fails to deliver the goods within the additionally fixed term and unless otherwise mutually agreed between the Seller and the Buyer, the Buyer may cancel the order by notifying the Seller about this in written by the contact details specified in the Rules hereto.

9.4. In any case, the Seller shall be released from liability for the violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are delivered with delays due to the fault on the part of the Buyer or due to the circumstances which are beyond the control of the Seller.

9.5. If at the time of delivery of the goods the Buyer notices any damages of the packaging, non-compliance of the completeness (assortment) or quantity of the goods, the Buyer must leave comments in the delivery document presented by the courier or draw up a separate report regarding such violations. This must be done by the Buyer in the presence of the courier. If the Buyer does not check the packaging, the completeness (assortment), quantity of the delivered goods and/or does not specify such shortcomings in the delivery document presented by the courier, the goods shall be deemed delivered properly and undamaged.

  1. Quality of the Goods

10.1. The qualities and other data of each item sold at the E-store shall be specified in the description of each item.

10.2. The Seller shall not assume any liability for the fact that the images of various parameters of the item (including, but not limited to the size, form, colour, etc.) which are displayed at the E-store may not match the actual parameters of the item due to the properties of the display used by the Buyer or due to any other technical reasons. Before the conclusion of the purchase-sale contract, the Buyer must read the description of the item.

10.3. Certain goods shall have a specific term of validity which shall be indicated on the packaging of the product.

10.4. When certain goods are subject to a specific term of validity in accordance with the legal acts, the Seller shall sell such goods to the Buyer so that the Buyer is provided with the real possibility to use such goods before the expiry of the term of validity of such goods.

  1. Return of the Goods

11.1. The shortcomings of the sold goods shall be removed, the goods without any quality defects shall be replaced / returned and the goods with quality defects shall be replaced in accordance with the Retail Sales Rules approved by the Resolution of the Government of the Republic of Lithuania No 738 as of 22 July 2014, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania. The money for the returned goods shall in any case be transferred only to the payer’s bank account.

11.2. The food products, which are of satisfactory quality, shall not be subject to replacement and return unless otherwise decided by the Seller. Any packed goods of satisfactory quality, which were unpacked after the delivery and which may not be returned for health care or hygiene reasons, may be replaced and returned only with the consent of the Seller.

11.3. The Buyer may return the item, which is of satisfactory quality, subject to the Seller’s consent, within 14 calendar days from the date of delivery of the item if the item of satisfactory quality is returned in accordance with the terms and conditions of the present Rules, and to be refunded the amount paid for such item in accordance with the procedure and within the terms laid down in the present Rules (money-back guarantee).

11.4. In order to return the item(s) of satisfactory quality in accordance with Section 11.3 above, within 14 (fourteen) calendar days from the date of delivery of the items the Buyer shall notify the Seller about this in writing by e-mail info@biovitup.com and shall indicate the name of the item returned, the order number and the reasons of return. Upon receipt of such a request, the Seller shall contact the Buyer within 2 (two) business days and, if the Seller consents to the return of goods of satisfactory quality, shall agree the details of return or replacement of the item of satisfactory quality or shall notify the Buyer about the objection to the return of the items of satisfactory quality.

11.5. The following conditions must be complied with when returning the goods of satisfactory quality:

11.5.1. The item, which is being returned, must be placed in the original neat packaging;

11.5.2. The item must not be damaged by the Buyer;

11.5.3. The item must not be used and must retain its presentation (with undamaged labels, consignor’s seal, protective foil, etc.);

11.5.4. The documents of acquisition of the goods must be presented during the return of the goods.

11.6. The item, which is being returned, must be of the same completeness that existed when the Buyer received it.

11.7. When the Seller is satisfied that the item of satisfactory quality complies with the conditions laid down in the Rules hereto, the Seller shall repay the money to the payer’s bank account within 9–14 business days or, at the request of the Buyer, shall replace the item of satisfactory quality, which has been returned, with another item within the same period of time. The Seller shall have the right to refuse to accept the goods returned by the Buyer in the event of their non-compliance with the terms and conditions of return of the goods as laid down in the Rules hereto.

11.8. The goods of satisfactory and poor quality may be returned at the Buyer’s option:

11.8.1. Through a courier service (the costs of arrival of the courier, collection of the goods at the address specified by the Buyer and delivery to the Seller shall be borne by the Buyer);

11.8.2. Through a post office (the Buyer returns the goods at own expense at a post office of his/her choice).

11.9. In the event of return or replacement of goods of satisfactory quality after the expiry of the term of 14 days but before the expiry of the term of 30 from the date of receipt of the goods by the Buyer, the Buyer shall not be refunded the delivery costs paid by the Buyer to the Seller and the Buyer shall also cover all delivery costs related with the return and/or replacement of the goods of satisfactory quality.

11.10. The Seller shall repay the costs incurred by the Buyer during the return of goods of poor quality in the Republic of Lithuania when the Seller is satisfied that the Buyer returned the goods due to their poor quality, in accordance with the terms and conditions laid down in the Rules hereto and the legal acts of the Republic of Lithuania.

  1. Liability

12.1. The Buyer shall assume full liability for the correctness of the data presented in the registration form. If the data provided by the Buyer in the registration form are inaccurate, the Seller shall not be liable for any consequences arising due to this and shall have the right to require compensation by the Buyer of any direct damages suffered by the Seller.

12.2. After the registration, the Buyer shall be liable for the safety of the connection data and shall ensure that they are not transferred to any third persons. If any third person uses the services of the E-store having connected to the E-store with the help of the Buyer’s connection data, the Seller shall consider such person as the Buyer.

12.3. In the event of any loss, the faulty Party shall compensate the losses suffered by the other Party in accordance with the procedure and on the grounds laid down in the legal acts of the Republic of Lithuania.

  1. Marketing and Information

13.1. The Seller may initiate various promotional campaigns at the E-store, change their conditions or terminate them in accordance with the legal acts of the Republic of Lithuania at its own discretion.

13.2. The Seller shall send any notifications by the means of communication specified by the Buyer in the registration form.

13.3. The Seller shall not be liable if the Buyer does not receive any information or confirmation notices due to any disruptions in the internet connection or networks of providers of e-mail services.

13.4. If the Buyer consents to the processing by the Seller of the Buyer’s personal data provided during the purchase of the goods for direct marketing purposes, and consents to receive any newsletters with offers and articles by e-mail, the Buyer shall mark this either by ticking the relevant boxes or during the placement of the order, or by clearly marking the consent at the E-store. If having given consent to the processing of the Buyer’s data for direct marketing purposes, receipt of newsletters with offers and articles by e-mail, the Buyer later decides to withdraw the consent and notifies the Seller about this in accordance with the procedure laid down in Section 14.5 below, the Seller shall no longer send any newsletters by e-mail and shall no longer use the Buyer’s data for direct marketing purposes. The Buyer is aware of the right to object to the processing of the Buyer’s personal data for direct marketing purposes.

13.5. The Buyer shall have the right to withdraw the consent for the processing by the Seller of the Buyer’s personal data for direct marketing purposes at any time by forwarding the respective notification to the Seller.

13.6. If the Buyer is unwilling to receive personalized offers or wants to change the newsletter subscription settings, he/she can do this personally by connecting to his/her account.

  1. Rules and Procedure of Withdrawal from the Contract

14.1. The Buyer shall be entitled to withdraw from the remote purchase-sale contract concluded with the Seller (hereinafter the Contract) at any time, without stating the reasons of such withdrawal and without incurring any expenses other than those specified in Article 6.228-11 of the Civil Code of the Republic of Lithuania, with the exception of the case when the Contract was concluded in relation to the packed goods which were unpacked after the delivery and which may not be returned due to health care or hygiene reasons, also in any other cases laid down in the legal acts of the Republic of Lithuania. The term of withdrawal from the Contract shall expire within 14 (fourteen) days from the date on which the Buyer or the person specified by the Buyer, except the carrier, received the item or the last item (in the event of conclusion of the contract under which the Buyer orders more than one item by one order and such items are delivered separately), or the last batch or any part thereof (in the event of conclusion of the contract under which the item is delivered by separate batches or any parts thereof). In order to exercise the right of withdrawal from the Contract, the Buyer shall notify the Seller about the decision to withdraw from the Contract by providing a statement drawn up in an unequivocal manner (in writing to the address specified in the Contract or by e-mail info@biovitup.com, by indicating the item and the order number of the item to be returned). The Buyer may use the form of withdrawal laid down in the legal acts of the Republic of Lithuania, however, this is not mandatory. In order to ensure compliance with the term of withdrawal it shall be sufficient for the Buyer to send a notification about the decision to exercise the right of withdrawal from the Contract before the expiry of the term of withdrawal.

14.2. The Buyer shall be liable for the reduction of the value of the item as a result of the actions which were not necessary, but which were still performed in order to determine the nature, properties and operation of the item. The duty to return the item shall remain with the Buyer.

  1. Final Provisions

16.1. The Rules hereto were drawn up in accordance with the Civil Code of the Republic of Lithuania, the Republic of Lithuania Law on the Protection of Consumer Rights, the Retail Trade Rules approved by the Resolution of the Government of the Republic of Lithuania N 738 as of 22 July 2014 and other applicable laws and legal acts of the Republic of Lithuania.

16.2. The Rules hereto and the relations between the Parties with regard to the Rules hereto shall be governed by the law of the Republic of Lithuania and shall be interpreted in accordance with the laws of the Republic of Lithuania.

16.3. Any dispute arising in relation to implementation of the Rules hereto shall be settled through mutual negotiation. In the case of failure to reach any agreement, the disputes shall be resolved in accordance with the procedure laid down in the laws of the Republic of Lithuania.

16.4. You can also lodge your request/complaint regarding any item or service acquired at our E-store to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, tel. 8 5 262 67 51, fax: (8 5) 279 1466, website address: www.vvtat.lt, to the territorial divisions of the Authority at: http://vvtat.lt/lt/struktura_ir_kontaktai/teritoriniai-padaliniai.html) or by filling in the form on the EGS platform at: http://ec.europa.eu/odr/.

16.5. The Parties shall be released from performance of their obligations under the present Rules, if their performance is not possible due to unforeseen circumstances, which are beyond the control of the Parties (circumstances of force majeure), namely:

16.5.1. Fire, explosion, storms and other natural disasters and forces of nature, which prevent or delay performance of the obligations;

16.5.2. Any event or circumstance beyond the control of the Party/Parties and which prevent or delay performance of the obligations;

16.5.3. Acts by the Government or any authority, which prevents or delays performance of the obligations.