Purchase – Sale Rules
1.1. These electronic rules of www.biovitup.com (hereinafter – the electronic store) (hereinafter the rules) 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. 1.2. The Seller reserves the right to change, amend or supplement these Rules at any time. The Buyer is informed about changes in the Rules on the website of the electronic store. The Buyer is informed about changes in the Rules on the website of the electronic store.
1.3. In these Rules, a person who purchases in an electronic store after registration or without registration (hereinafter referred to as the Buyer) is considered a buyer. You can buy in the electronic store:
1.3.1. all natural and legal persons
1.3. The seller of these goods is MB”DOKAO” Company code: 305621626, VAT Payer code: LT100014003710, Address: Smolensko st. 19, Vilnius, Lithuania (hereinafter – 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. These Rules are a legal document binding on the Parties, which determines the rights and responsibilities, responsibilities of the Buyer and the Seller, the conditions and procedure for the purchase of goods, payment for them, delivery and return, when the Buyer purchases goods in the Electronic store.
1.6. The seller reserves the right to change, amend or supplement these Rules at any time, taking into account the requirements established by legal acts. The buyer is informed about it Electronic stores web page. The changes come into effect from the moment of publication for all transactions concluded after the publication, therefore the Buyer is recommended to familiarize himself with the Rules during each purchase. When the buyer purchases in the electronic store, the Rules valid at the time of placing the order apply
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. The Seller shall have no legal liability if this confirmation by the Buyer is wholly or partially untrue or misleading in any respect.
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.
- 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. 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. 2.2.2. Without registration at the E-store.
2.3. The buyer, having visited the Electronic Store, chooses the goods he likes, on the basis of which the basket of goods is formed 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 online store, the buyer chooses the products he likes and puts them in the shopping cart. After creating the shopping cart, the Buyer enters the personal data necessary to fulfill 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 rules. and confirms the order.
2.5. Payment can be made using electronic banking services of Swed, Seb, Luminor banks, as well as Visa/MasterCard payment cards. Settlements are possible in euro currency. Payments are processed using MakeCommerce.lt payment platform.
2.6. After placing the order, the e-mail specified by the Buyer By mail, the Seller sends an automatically generated confirmation that the Buyer’s order has been accepted in the electronic store.
- Conclusion of the purchase-sale contract
3.1. 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 electronic store, having previously familiarized himself with these rules.
3.2. Upon conclusion of the purchase and sale agreement, the range of goods, their quantity, price, delivery time and other conditions specified during the execution of the Buyer’s order are binding on the Buyer and the Seller and can only be changed in accordance with the procedure set out in these Rules.
3.3. The data provided during the order are stored in the Seller’s database.
- Buyer’s rights
4.1. The buyer has the right to purchase goods in the Electronic Store in accordance with the procedure established by these Rules.
4.2. The buyer has the right to withdraw from the purchase and sale agreement in accordance with the procedure set forth in these Rules.
4.3. The buyer has the right to return the goods in accordance with the procedure established by these Rules.
4.4. The buyer can cancel or adjust the shopping cart until the moment he chooses and confirms the payment method.
- Seller’s rights
5.1. In the event of important circumstances, the Seller may temporarily or completely suspend the operation of the electronic store without notifying the Buyer in advance.
5.2. If the Buyer tries to harm the operation, stability and security of the electronic store or violates his obligations, the Seller has the right to limit or stop him from using the electronic store without warning.
- Obligations of the buyer
6.1. When registering in the Electronic Store and ordering goods, the Buyer undertakes to protect and not disclose his login data to the Electronic Store to anyone and not to transfer or disclose them to third parties. If the Buyer loses his login data, he must immediately inform the Electronic Store customer service in writing section, by means of communication specified in the “Contacts” section. The Seller is not responsible for the actions of third parties, made after using the Buyer’s login data.
- Obligations of the seller
7.1. The seller undertakes to make it possible to use the services of the Electronic Store, the operating conditions of which are determined by these Rules.
7.2. 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 Rules.
7.3. The Seller undertakes to respect the Buyer’s right to privacy regarding his personal information.
7.4. The product name and main features are specified in the Seller’s online store where the product is purchased, and or on the product and or in the product packaging and/or product information sheet.
- Prices of goods
8.1. The prices of goods and other services (including, but not limited to, Additional taxes and/or other costs, such as carriage, delivery, postage and other costs) in the e-shop and in the final order window are indicated in euros including VAT.
- Delivery of goods
9.1. When ordering the goods, the buyer undertakes to indicate the exact address of delivery of the goods. A fee is charged for the delivery of goods, added to the price of the goods, specified on the Electronic Store page and valid at the time of placing the order. The delivery fee can be both fixed and dependent on the value of the goods ordered by the Buyer. In the online store, it may be specified that the delivery fee is not charged if the value of the ordered goods exceeds a certain amount.
9.2. The buyer must accept the goods himself, unless he indicated at the time of placing the order that another person can also collect the goods. 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 for the goods delivered to the wrong person.
9.3. The Seller delivers the goods to the Buyer usually within 2-4 working days, unless a different delivery term is specified in the Electronic Store. In any case, the goods can be delivered to the Buyer no later than within 30 (thirty) days. The term of delivery of the goods starts counting from the next working day after the amount for the goods is credited to the Seller’s account. These terms are preliminary. They also do not apply in cases where the Seller does not have the necessary goods in stock, and the Buyer is informed of the shortage of the goods ordered by him. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Parties will make every effort to harmonize the delivery terms and other conditions. If the Seller does not deliver the goods within the additional term and if the Seller and the Buyer do not agree otherwise by mutual agreement, the Buyer may refuse the order by informing the Seller in writing using the details specified in the Rules
9.4. In all cases, the Seller is released from responsibility for the violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the fault of the Buyer or due to circumstances beyond the Seller’s control.
9.5. In all cases, when the buyer notices packaging violations during delivery, inconsistencies in the completeness (assortment) of the delivered goods, in the quantity, he must indicate comments in the package delivery document provided by the courier or write a separate document regarding these violations. The Buyer must do this in the presence of the courier. If the buyer does not check the packaging, the completeness (assortment) of the delivered goods, the quantity and or if these defects are not indicated in the package delivery document provided by the courier, the package is considered to have been delivered correct and undamaged.
- Quality of goods
10.1. The characteristics and data of each product sold in the Electronic Store are generally indicated in the product description attached to each product.
10.2. The Seller is not responsible for the fact that the goods shown in the photos of the Electronic Store with various parameters (including, but not limited to, their size, shape, color, etc.) may not correspond to the real parameters of the goods due to the characteristics of the display used by the Buyer or other technical reasons. Before concluding the sales contract, the Buyer must read the product description.
10.3. Certain products are given a certain expiration date, which is indicated on the product packaging.
10.4. In cases where, on the basis of legal acts, a certain expiration date is determined for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that he is given a real opportunity to use such goods until the end of the expiration date.
- Returning the goods
11.1. Defects in the sold goods are eliminated, quality goods are exchanged are returned, low-quality goods are exchanged, returned in accordance with the 2014 July 22 By the resolution of the Government of the Republic of Lithuania no. 738 of the approved “Rules of Retail Trade”, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania. In all cases, money for returned goods is transferred only to the payer’s bank account.
11.2. Tinkamos kokybės maisto prekės nekeičiamos ir negrąžinamos, nebent Pardavėjas nusprendžia kitaip. Supakuotos tinkamos kokybės prekės, kurios buvo išpakuotos po pristatymo ir kurios yra netinkamos grąžinti dėl sveikatos apsaugos ar higienos priežasčių, taip pat gali būti keičiamos ir grąžinamos tik Pardavėjui sutikus.
11.3. The Buyer can return a quality product, if the Seller agrees with it, within 14 calendar days from the day of delivery of the product, if the quality product is returned in accordance with the terms of these Rules, and recover the money paid for it in accordance with the procedure and terms set forth in these Rules (money-back guarantee).
11.4. In order to return the high-quality product(s), in accordance with clause 11.3, within 14 (fourteen) calendar days from the day of delivery of the goods to the Buyer, the Buyer must notify the Seller in writing by e-mail. by e-mail email@example.com specifying the name of the product to be returned, the order number and the reasons for the return. After receiving the request, the Seller contacts the Buyer within 2 (two) working days and, if he agrees with the return of quality goods, coordinates the details of the return or exchange of the quality goods, or informs the buyer that he does not agree with the return of quality goods.
11.5. When returning quality goods, the following conditions must be observed:
11.5.1. The returned item must be in its original, neat packaging;
11.5.2. Prekė turi būti Pirkėjo nesugadinta; 11.5.2.wpml_nbspThe product must be undamaged by the Buyer;
11.5.3. The product must be unused, without losing its commercial appearance (labels, seals, protective film intact, etc.);
11.5.4. When returning goods, it is necessary to present the document of their purchase.
11.6. The returned item must be in the same package as the Buyer received it.
11.7. The seller, convinced that the quality product meets the conditions set out in these Rules, returns the money to the payer’s bank account within 9-14 working days or, at the buyer’s request, replaces the returned quality product with a new one within the same period. The Seller has the right to refuse to accept the goods returned by the Buyer, if the conditions for the return of goods specified in these Rules have not been followed.
11.8. High-quality and low-quality Goods can be returned at the Buyer’s option:
11.8.1. By courier (arrival of the courier, collection of the parcel at the address specified by the Buyer and delivery to the Seller at the Buyer’s expense);
11.8.2. In post offices (the Buyer returns the Goods at his own expense at a post office of his own choice).
11.9. When returning or exchanging quality goods after 14 days, but before the end of the 30-day period from the day the Buyer received the goods, the Buyer will not be reimbursed for the delivery costs of the goods paid to the Seller, and the Buyer will also pay all the delivery costs associated with the return of the quality goods and or changing.
11.10. The Seller reimburses the Buyer for the costs incurred by the Buyer in returning the defective goods in the Republic of Lithuania, after he is convinced that the Buyer returned the goods precisely because of inadequate quality, in accordance with the conditions of these Rules and the legal acts of the Republic of Lithuania.
12.1. The buyer is fully responsible for the correctness of the data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation for the direct losses suffered by the Buyer.
12.2. The registered Buyer is responsible for the security of his login data and must ensure that it is not passed on to third parties. If the services provided by the Electronic Store are used by a third person who has connected to the Electronic Store using the Buyer’s login data, the Seller considers this person to be the Buyer.
12.3. In the event of damage, the guilty Party compensates the other Party for the losses incurred in accordance with the procedure and grounds established by the legal acts of the Republic of Lithuania.
- Marketing and information
13.1. The seller in the Electronic Store can initiate various types of promotions, change their conditions or terminate them at his discretion in accordance with the legal acts of the Republic of Lithuania.
13.2. The Seller sends all messages using the means of communication specified in the Buyer’s registration form.
13.3. The Seller is not responsible if the Buyer does not receive information or confirmation messages sent due to the Internet connection, e-mail. network failures of postal service providers.
13.4. If the Buyer agrees that the Seller processes the Buyer’s personal data for direct marketing purposes, provided to the Seller when purchasing goods, he also agrees to receive e. news with offers and articles, he marks it with a checkmark either when placing an order or by clearly indicating his consent in the Online Store. If after giving consent to process his data for direct marketing purposes, also to receive e. news with offers and articles, the Buyer will no longer want it later and will inform the Seller about it in accordance with the procedure established in point 14.5, the Seller will not send the Buyer e. news and will not use his data for direct marketing purposes. The buyer is aware of his right not to consent to the processing of his personal data for direct marketing purposes.
13.5. The Buyer has the right to withdraw his consent for the Seller to process the Buyer’s personal data for direct marketing purposes at any time, by providing an appropriate notification to the Seller.
13.6. If the buyer does not want to receive offers for him or if he wants to change the settings of the newsletter subscription, he can also do this himself by logging into his account.
- Rules and procedures for withdrawing from the contract
14.1. The buyer has the right, without giving a reason and without incurring costs other than those established by Article 6.228-11 of the Civil Code of the Republic of Lithuania, to withdraw from the remote sales contract concluded with the Seller (“Contract”), except for the case if the Contract was concluded for packaged goods that were unpacked after delivery and which are unsuitable for return due to health protection or hygiene reasons, as well as in other cases established by the legislation of the Republic of Lithuania. The contract withdrawal period will end within 14 (fourteen) days from the day the Buyer or a person designated by the Buyer, other than the carrier, received the product, or the last product (if a contract is concluded, according to which the Buyer orders more than one product in one order and they are delivered separately), or the last lot or part (if a contract is concluded, according to which the goods are delivered in different lots or parts). In order to exercise the right to withdraw from the Agreement, the Buyer must notify the Seller of his decision to withdraw from the Agreement by submitting an unequivocal statement (in writing to the address or e-mail address specified in the Agreement firstname.lastname@example.org ,specifying the item you wish to return and its order number). The buyer can use the form of refusal established by the legislation of the Republic of Lithuania, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the Buyer to send a notice that it exercises its right to withdraw from the Contract before the expiry of the withdrawal period.
14.2. The buyer is responsible for the decrease in the value of the goods, which occurred due to actions that are not necessary to determine the nature, characteristics and operation of the goods. The obligation to return the product remains with the Buyer.
- Final Provisions
15.1. These Rules have been prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on the Protection of Consumer Rights of the Republic of Lithuania, 2014. July 22 By the resolution of the Government of the Republic of Lithuania no. 738 approved “Rules of Retail Trade”, other valid laws and legal acts of the Republic of Lithuania.
15.2. These Rules and relations between the Parties in relation to these Rules are governed by the law of the Republic of Lithuania and are interpreted based on the laws of the Republic of Lithuania.
15.3. All disagreements arising from the implementation of these Rules 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.
15.4. You can also submit a request complaint about a product or service purchased in our Electronic Store to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, el. p. email@example.com, tel. 8 5 262 67 51, faks. (8 5) 279 1466, on the website www.vvtat.lt, for its territorial divisions in counties – http://vvtat.lt/lt/struktura_ir_kontaktai/teritoriniai-padaliniai.html) ar užpildyti prašymo formą EGS platformoje http://ec.europa.eu/odr/.
15.5. The Parties are exempted from fulfilling their obligations under these Rules if they cannot be fulfilled due to unforeseen circumstances beyond the control of the Parties (Force Majeure circumstances), which include:
15.5.1. fire, explosion, storms and other natural disasters and natural forces that prevent the fulfillment of assumed obligations or delay their fulfillment;
15.5.2. an event or circumstance that cannot be controlled by the Contracting Party (Parties) and which prevents the fulfillment of assumed obligations or delays their fulfillment;
15.5.3. Actions by the government or authorities that prevent or delay the fulfillment of assumed obligations.