- General Provisions
1.1. The present Sale and Purchase Rules (hereinafter referred to as the Rules) becomes a legally binding document after their confirmation by the Buyer (i.e., when the Buyer checks the check mark next to the consent line at the time of purchase of the goods at www.vivafertis.lt). The Rules set forth the rights and obligations of the Buyer and the Seller, the terms and conditions of purchase of the goods and payment, delivery and refunds, liability of the Parties and other provisions related to the purchase and sale of goods at www.vivafertis.lt online store (hereinafter referred to as the Store).
1.2. The Seller retains the right to change, amend or supplement Rules at any given time with respect to the requirements of the applicable laws.
- Personal Data Protection
2.1. Any information related to personal data and registered at the Store shall be deemed confidential and shall not be disclosed.
- Rights of the Buyer
3.1. The Buyer has the right to purchase goods at the Store as set forth in the present Rules.
3.2. The Buyer has the right to terminate the goods purchase and sale agreement concluded with the Store, having notified the Seller in writing (by e-mail, indicating the product to be refunded and the purchase order number) no later than 14 (fourteen) days after the conclusion of the agreement.
3.3. The Buyer may exert his/her rights described in Article 3.2. hereof, provided that the goods have not been damaged or used and their appearance have not materially changed.
3.4. The Buyer shall follow all the requirements set forth in the Rules and the laws of the Republic of Lithuania and European Union.
- Obligations of the Buyer
4.1. The Buyer shall pay for the goods and accept the goods as set forth in the present Rules.
- Rights of the Seller
5.1. In the event that the Buyer attempts to damage the security and stability of the Store or otherwise non-performs, the Seller has the right to immediately restrict or suspend the Buyer’s right to use the Store without any advance warning or to terminate the registration of the Buyer in certain exceptional cases.
5.2. The Seller has the right to cancel the purchase order of the Buyer without any advance warning, provided that the Buyer fails to pay for the goods within 1 (one) business day.
- Obligations of the Seller
6.1. The Seller shall respect the Buyer’s right to privacy of personal information indicated in the registration form of the Store and shall not disclose any of such data to third parties, except in cases set forth in the laws of the Republic of Lithuania and European Union.
6.2. The Seller shall deliver the purchased goods to the address indicated by the Buyer as set forth in Article 8 hereinafter.
6.3. In the event of being unable to deliver the purchased goods to the Buyer due to important reasons, the Seller shall offer an analogous product or a product with similar qualities. If the Buyer refuses the offered analogous or similar product, the Seller shall give the Buyer a refund within 3 (three) business days, provided that the Buyer made a prepayment.
- Prices of the Goods and Payment Terms and Conditions
7.1. The prices of the Goods at the Store and the generated purchase order shall be indicated in euro, including VAT.
7.2. The Buyer shall pay for the Goods in one of the following ways:
7.2.1. Payment via online banking shall mean a prepayment made via the online banking system used by the Buyer. To be able to use this payment method, the Buyer must have a signed online banking agreement with one of the banks indicated at our website. When using this method, the online banking system generates the payment for the Buyer based on the purchase order. Any liability for personal data security shall fall to the respective bank as all the financial transactions are conducted by the online banking system. Other payment options include wire transfers via www.paysera.lt, Stripe and Paypall systems.
7.3. The Buyer shall pay before collecting the goods. When using the above-mentioned payment methods, the goods are handled and the delivery term is calculated as of the receipt of the payment.
- Delivery of the Goods
8.1. When placing the purchase order, the Buyer shall indicate the delivery location and a contact phone number.
8.2. The Buyer shall accept the goods himself/herself. In the event that the Buyer is unable to accept the goods but the goods are delivered to the indicated address and based on other data specified by the Buyer, the Buyer has not right to file any claims concerning delivery to the wrong addressee.
8.3. The goods shall be delivered by the Seller or its authorized representative (post office or courier).
8.4. The Seller shall deliver the goods to the Buyer following the terms indicated in the product description. These terms shall not apply in cases when the Seller is out of stock and the Buyer has been duly informed about it. The Buyer agrees that the delivery may be delayed in exceptional cases due to circumstances that do not depend on the Seller. In such a case, the Seller shall immediately contact the Buyer and coordinate all delivery-related matters.
8.5. The Seller shall be released from liability for late deliveries in all cases when the goods were not delivered or were delivered later than agreed due to the fault of the Buyer or due to circumstances depending on the Buyer.
8.6. At the time of delivery, the Buyer shall check the parcel’s condition together with the Seller or its authorized representative. The parcel is deemed to be delivered in good condition when the Buyer signs the invoice (bill of lading) or other type of certificate of delivery and acceptance.
8.7. In the event that the Buyer terminates the purchase and sale agreement as indicated in Article 4.2 hereof, the Buyer shall have to cover all the direct costs of returning the goods to the Seller based on the transportation costs indicated in the table above. The expenses of the Seller shall be deducted from the money that is to be refunded to the Buyer for the goods. If the deduction is not enough to cover the Seller’s expenses, i.e. the Seller’s expenses are higher than the value of the refunded goods, the Buyer shall pay the remaining amount due to the Seller within 15 days.
8.8. More detailed information related to the delivery of the goods is presented at the Store’s website (see Information/ Delivery of Goods).
8.9. In case of collecting the Goods at the headquarters of the Store, the Buyer should do so within 3 business days after receiving the notice that the goods are ready to be collected.
- Quality of the Goods and Refund Terms and Conditions
9.1. The Seller shall not be held liable for non-compliance of the color, form or other qualities of the product at the Store with actual size, form or color that might occur due to the PC monitor parameters of the Buyer.
9.2. The Buyer may return goods with defects or low-quality goods within 7 calendar days from their receipt, having notified the Seller in writing and having indicated the goods to be refunded and the purchase order number.
9.3. The money paid for the goods shall be refunded within 30 days from receiving the Buyer’s notice.
9.4. The Buyer shall pay for the costs of returning the goods, if the said goods comply with the purchase order (i.e. the Buyer has received the same product he/she has ordered). The returning costs shall be paid by the Buyer even in cases of free delivery.
9.5. If the Buyer has received a product with defects or the product has been damaged during transportation, the Seller shall replace the said goods (or give a refund, if replacement is not possible) and shall compensate the costs of returning the goods.
- Liability
10.1. The Buyer shall be fully liable for the accuracy of the information presented in the registration form. If the Buyer indicated incorrect data in the registration form, the Seller shall not be liable for any resulting consequences.
10.2. The Buyer shall be held liable for transferring his/her sign-in information to third parties. If a third party is using the services of the Store by signing in as the Buyer, the Seller shall deem this person to be the Buyer.
10.3. The Seller shall be released from any liability in the cases when the losses are caused by the Buyer failing to view these Rules, even though he/she had the possibility and was recommended and obligated by the Seller to do so.
10.4. If the Seller’s Store contains links to the websites of other companies, institutions, organizations or personal websites, the Seller shall not be held liable for the information contained at these websites or their operations as the Seller does not maintain, supervise or manage either the said websites or the respective companies and entities.
10.5. In the event of any damages, the Party at fault shall reimburse the other Party for the incurred direct losses.
- Final Provisions
11.1. The agreement comes into force as of the moment the payment for the goods is made.
11.2. The present Rules have been prepared pursuant to the laws of the Republic of Lithuania and European Union.
11.3. The relations arising from these Rules shall be governed by the laws of the Republic of Lithuania and European Union.
11.4. The Parties shall attempt to amicably resolve all disputes arising from or in relation with these Rules. In the event of failure to reach a consensus, a lawsuit will be filed with the court of the Republic of Lithuania to the address of the Seller’s headquarters pursuant to the laws of the Republic of Lithuania.
