General Terms
1.1 These Terms and Conditions of Sale and Purchase (hereinafter – the “Terms”) define the mutual rights, obligations, and responsibilities of the person purchasing goods from the online store www.dailyspoon.lt
(hereinafter – the “Buyer”) and MB “Daily Spoon” (hereinafter – the “Seller”) when the Buyer purchases goods via the online store. By purchasing goods in the online store, the Buyer agrees to be bound by these Terms.
1.2 The Seller reserves the right to modify, amend, or supplement these Terms at any time in accordance with applicable legal requirements. The registered Buyer will be informed of any such changes, amendments, or supplements upon logging in to the www.dailyspoon.lt
website, and must agree to the modified Terms in order to continue shopping in the online store.
1.3 The Buyer agrees not to reproduce, copy, sell, or resell the products without the prior written consent of the Seller.
1.4 The maximum allowed quantity of the same product per order is 6 units. If you wish to purchase 6 or more units, please contact us at [email protected]
1.5 The right to purchase from the online store www.dailyspoon.lt
is granted to:
1.5.1. legally capable natural persons, i.e., individuals who are of legal age and whose legal capacity is not restricted by a court;
1.5.2. minors between the ages of fourteen and eighteen, only with the consent of their parents or guardians, except in cases where they independently dispose of their own income;
1.5.3. legal entities;
1.5.4. authorized representatives of all the above-mentioned persons.
1.6 By agreeing to these Terms, the Buyer confirms that, in accordance with Clause 1.4 of the Terms, they have the legal right to purchase products from the online store www.dailyspoon.lt
Personal Data Protection
2.1 2.1 The Buyer may order goods from the online store www.dailyspoon.lt
without registering.
2.2 When placing an order in accordance with these Terms, the Buyer must provide the Seller with the personal data necessary to properly fulfill the order in the relevant information fields: first name, last name, delivery address, phone number, and email address.
2.3 The Seller processes the Buyer’s personal data in accordance with the Privacy Policy. Since the Privacy Policy contains important provisions related to these Terms, the Buyer is strongly advised to read it carefully and ensure that all of its provisions are clear and acceptable.
2.4 If the Buyer consents, the personal data specified in clause 2.2 may also be processed for direct marketing purposes on the online store www.dailyspoon.lt
. During registration, the Buyer can choose whether or not to receive newsletters and special offers.
2.5 Only registered users will receive the newsletter upon clicking the “Register” button. Once registered, the user will automatically begin receiving newsletters, which can be unsubscribed from by clicking the link at the bottom of the email. All informational messages from the Seller are sent to the email address provided by the user.
2.6 By agreeing to the processing of their personal data for the purpose of purchasing goods and services in the Seller’s online store, the Buyer also agrees to receive necessary informational messages to the email address and phone number provided, for the proper fulfillment of the order.
2.7 The Seller undertakes not to disclose the Buyer’s personal data to third parties, except to the Seller’s partners who provide delivery or other services necessary for the proper execution of the Buyer’s order. In all other cases, personal data may be disclosed to third parties only in accordance with the procedure established by the laws of the Republic of Lithuania.
2.8 The personal identification document submitted to the Seller or a representative of the Lithuanian Post, and the data contained therein, shall be used solely for the purpose of properly verifying the identity of the Buyer.
Conclusion of the Sale and Purchase Agreement
3.1 The agreement between the Buyer and the Seller is considered concluded from the moment the Buyer selects the product(s), adds them to the shopping cart, clicks the “Pay” button, and completes the payment.
3.2 Once the Buyer has submitted and paid for the order, an email confirming receipt of the order is sent to the Buyer.
Rights of the Buyer
4.1 The Buyer has the right to purchase goods from the online store www.dailyspoon.lt
in accordance with the provisions set forth in these Terms.
4.2 The Buyer has the right to withdraw from the sale and purchase agreement concluded with the online store www.dailyspoon.lt
by notifying the Seller in writing (by email, indicating the product to be returned, its order number, and the reason for the return) no later than 14 (fourteen) working days from the date of delivery of the product.
4.3 The right specified in clause 4.2 shall be exercised in accordance with the provisions of the Civil Code and the Resolution of the Government of the Republic of Lithuania on the Approval of Retail Trade Rules (No. 697 of 11 June 2001, as amended in 2014).
4.4 The right referred to in clause 4.2 may only be exercised if the product has not been damaged or materially altered in appearance, and has not been used.
Obligations of the Buyer
5.1 The Buyer is obliged to pay the price of the goods and their delivery, as well as any other payments specified when concluding the contract, and to accept the ordered goods. Payment for the goods is made by the Buyer through the Opay system.
5.2 If the data provided by the Buyer in the registration form changes, the Buyer must update it without delay.
5.3 The Buyer undertakes to use the online store honestly and properly, without harming its operation or stability. If the Buyer fails to comply with this obligation, the Seller has the right, without prior notice, to limit, suspend, or terminate the Buyer’s access to the online store and is not liable for any losses incurred by the Buyer as a result.
5.4 Regardless of the obligations set out in other provisions of these Terms, the Buyer undertakes to ensure, before using the product, that the received product is the one the Buyer ordered.
5.5 Before using or storing the product, the Buyer must carefully read the information provided on the product packaging or with the product and comply with the described storage and handling conditions.
5.6 By using the www.dailyspoon.lt online store, the Buyer undertakes to comply with these Terms, other conditions clearly stated in the online store, and not to violate the laws of the Republic of Lithuania.
Rights of the Seller
6.1 If the Buyer attempts to disrupt the stability or security of the online store or breaches their obligations, the Seller has the right to immediately restrict or suspend the Buyer’s access to the online store without prior notice, or, in exceptional cases, to cancel the Buyer’s registration.
6.2 Under important circumstances, the Seller may temporarily or permanently suspend the operation of the online store without prior notice to the Buyer.
6.3 The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, having chosen the payment method specified in clause 8.2.1 of these Terms, fails to pay for the goods within 3 (three) calendar days.
Obligations of the Seller
7.1 The Seller undertakes to provide the Buyer with the opportunity to use the services offered by the online store www.dailyspoon.lt
under the conditions set forth in these Terms and on the online store.
7.2 The Seller undertakes to respect the Buyer’s right to privacy regarding personal information, i.e., to process the personal data provided by the Buyer only in accordance with Chapter 2 of these Terms and the laws of the Republic of Lithuania.
7.3 The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions set out in Chapter 9 of these Terms.
7.4 In exceptional cases, if the Seller is unable to sell a product, for example, due to the product being out of stock or discontinued, the Seller will inform the Buyer by email or other means (call and/or SMS) and offer the Buyer a possible solution (e.g., refund, extended delivery time, etc.). If the Buyer does not agree to any of the Seller’s proposals, the order execution will be terminated, and if the Buyer has already paid for the product, the Seller will refund the amount paid immediately, but no later than within 7 (seven) calendar days.
7.5 If the Buyer exercises the right specified in clause 4.2 and the condition set out in clause 4.4 of these Terms applies, the Seller undertakes to refund the amount paid by the Buyer within 7 (seven) working days from the day the returned product is received.
Prices and Payment Terms
8.1 Prices of goods may be changed without prior notice.
8.2 Prices of goods in the online store www.dailyspoon.lt
and in the formed order are indicated in euros. Prices include VAT. A delivery fee will be added to the total amount of the goods if applicable.
8.3 The Buyer makes payments for goods using:
8.3.1 electronic banking through the Opay system or by the methods specified within the Opay system.
Shipping
9.1 Delivery of goods to the Buyer:
9.2 Goods are delivered to the DPD or Omniva parcel terminal specified by the Buyer:
9.2.1 The Buyer undertakes to specify the parcel terminal where they wish to receive the goods.
9.2.2 The parcel is stored at the terminal for 72 hours. After this period, the parcel is returned to the Seller.
9.2.3 Redirecting the parcel to another delivery location is not allowed.
9.3 Delivery of goods to the address specified by the Buyer:
9.3.1 The Buyer who selects the delivery service during the order process undertakes to specify the exact delivery address.
9.3.2 The Buyer undertakes to personally receive the goods. If the goods are received by someone other than the Buyer, the Buyer must provide the recipient’s details when filling in the delivery information during the order.
9.3.3 When receiving the goods, a valid identity document must be presented to properly identify the Buyer. If the Buyer is unable to personally receive the goods and the goods are delivered to the address specified by the Buyer, the Buyer has no right to claim against the Seller for delivery to the wrong person.
9.3.4 The goods are delivered by the Seller or an authorized representative.
9.4 Delivery (transportation) fees are calculated based on the order amount.
9.5 The Buyer agrees that in exceptional cases, delivery may be delayed due to unforeseen circumstances beyond the Seller’s control. In such cases, the Seller undertakes to immediately contact the Buyer to agree on delivery terms or to inform about this in advance on the www.dailyspoon.lt online store.
9.6 The Seller is not liable for delivery delays if the goods are not delivered or delivered late due to the Buyer’s fault or circumstances dependent on the Buyer.
9.7 If the Buyer does not collect the goods within 72 hours of receiving notification that the goods have been delivered to the chosen parcel terminal, the Buyer must cover the return and reshipment costs to the Seller if they wish to receive the goods.
9.8 Current delivery costs and terms are provided in the “Shipping and Delivery” section.
Returns and Exchanges
10.1 Defects of sold goods shall be remedied, and defective goods shall be exchanged or returned in accordance with the “Retail Trade Rules” approved by the Resolution No. 697 of the Government of the Republic of Lithuania dated June 11, 2001.
10.2 To return goods, the Buyer must fill out a free-form return request and send it by email to [email protected]
.
10.3 The right specified in clause 10.1 may be exercised by the Buyer within 14 (fourteen) calendar days from the day of delivery of the goods to the Buyer, notifying the Seller in the manner prescribed in clause 10.2.
10.4 If fourteen (14) calendar days have passed since the delivery of the goods, the Seller cannot offer a refund or exchange.
10.5 When returning goods, the following conditions must be met:
10.5.1 The returned goods must be in the original intact packaging (this clause does not apply if the returned goods are defective);
10.5.2 The goods must not be damaged by the Buyer;
10.5.3 The goods must be unused and retain their commercial appearance (this clause does not apply if the returned goods are defective);
10.5.4 The returned goods must be in the same configuration as received by the Buyer.
10.6 The Seller has the right to refuse acceptance of returned goods if the Buyer does not comply with the goods return procedure established in this article.
10.7 The right specified in clause 10.1 may be exercised only by a Buyer who is recognized as a consumer under the Law on Consumer Rights Protection of the Republic of Lithuania, i.e., a natural person acting for purposes unrelated to his business, trade, craft, or profession (for personal use).
10.7.1 The Buyer (consumer) may not exercise the right to withdraw from the contract as specified in clause 10.1 when the contract is concluded for:
10.7.2 perishable goods or goods with a short expiration date;
10.7.3 sealed goods that have been unsealed after delivery and are unsuitable for return due to health protection or hygiene reasons, as well as in other cases established by the Civil Code, the Resolution No. 697 of the Government of the Republic of Lithuania dated June 11, 2001, and other legal acts.
10.8 Defective goods or goods that are of satisfactory quality but disliked by the Buyer due to shape, size, color, model, or completeness shall be exchanged or returned in accordance with the Retail Trade Rules approved by the Resolution No. 697 of the Government of the Republic of Lithuania dated June 11, 2001, the Civil Code of the Republic of Lithuania, and other applicable legal acts of the Republic of Lithuania.
10.9 Refunds for returned goods shall in all cases be made by bank transfer only to the payer’s bank account.
10.10 Money for used or unused gift vouchers is not refundable or exchangeable for cash.
Product Quality Guarantee
11.1 The products are covered by the manufacturer’s quality warranty and/or shelf life, the specific duration and/or other conditions, including warranty exclusions, are indicated in the product descriptions, on the product packaging, and/or in the warranty booklets provided with the products. If certain products do not have a manufacturer’s quality warranty, a two-year statutory warranty applies to such products according to the law, alongside the manufacturer’s commercial warranty, which does not limit or restrict the Buyer’s rights under the Civil Code of the Republic of Lithuania concerning defective products.
11.2 The manufacturer’s obligations apply only if the product’s usage conditions have not been violated.
11.3 Product defects are remedied, and defective products are exchanged or returned in accordance with the procedure set out in these Terms and Conditions and the applicable laws of the Republic of Lithuania.
11.4 The Buyer who has purchased a defective product has the right to choose to:
11.4.1 demand that the Seller remedy the product defects free of charge; or
11.4.2 demand that the Seller replace the defective product with a product of appropriate quality free of charge; or
11.4.3 demand a corresponding price reduction; or
11.4.4 unilaterally terminate the contract and demand a refund of the paid price.
11.5 The Buyer understands that the color, shape, and/or other parameters of the products displayed on the www.dailyspoon.lt website may not correspond exactly to the actual products due to the technical characteristics of the device used by the Buyer. For more detailed information, advice, or instructions regarding the Seller’s products, please contact the Seller directly at [email protected].
Liability
12.1 The Buyer is fully responsible for the accuracy of the personal data provided. If the Buyer provides incorrect personal data, the Seller is not liable for any resulting consequences and has the right to claim compensation for direct losses incurred from the Buyer.
12.2 The Buyer is responsible for all actions performed using the www.dailyspoon.lt online store.
12.3 The Buyer is responsible for safeguarding their login credentials and for any disclosure of such credentials to third parties. If third parties use the online store services by logging in with the Buyer’s credentials, the Seller considers such third parties as the Buyer, and the Buyer is responsible for all actions performed by such third parties in the online store.
12.4 The Seller is released from any liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and their obligations, did not familiarize themselves with these Terms and Conditions, although they had the opportunity to do so.
12.5 In case of damage, the party at fault shall compensate the other party for direct losses.
12.6 The Seller is not liable for the proper fulfillment of mutual obligations between the Buyer and the Seller’s partners whose services the Buyer orders.
Marketing Measures Applied by the Seller
13.1 The Seller may, at its discretion, initiate various promotions in the online store www.dailyspoon.lt
.
13.2 The Seller reserves the right, at its discretion and at any time, to introduce and/or cancel offers, promotions, or change product prices, without infringing on the Customer’s rights, including the terms of the Agreement.
13.3 Discounts are not cumulative.
13.4 The Seller only verifies Customer reviews if a purchase was made from the email address indicated in the review.
Exchange of Information
14.1. The Seller sends all notifications to the Buyer’s email address provided, in accordance with the procedure set out in clause 2.2 of these Terms.
14.2. The Buyer sends all notifications and inquiries to the email address [email protected]
Use of Cookies
15.1 In order to offer the Buyer or the visitor of the Electronic Store more comprehensive services provided in the Electronic Store, the Administrator uses system cookies. Cookies are small files sent and installed on the User’s computer. Cookies are used to recognize a previous visitor to the Electronic Store, determine the language of the Electronic Store page, identify the user’s session and session key, as well as to identify and correct errors present in the Electronic Store.
15.2 The User has the option to view which information (cookies) the Seller installs in their browser and to delete some or all installed cookies. By using the Electronic Store, the User agrees that the Seller’s predetermined cookies will be stored on their computer (device). The User may withdraw this consent at any time by changing their internet browser settings; however, in such cases, certain Electronic Store functions may not work properly.
Final Provisions
16.1 These Terms and Conditions are made in accordance with the laws of the Republic of Lithuania.
16.2 The legal relations arising on the basis of these Terms and Conditions shall be governed by the law of the Republic of Lithuania.
16.3 The Buyer and the Seller agree that all disputes, claims, and/or disagreements related to the Agreement or its performance, breach, termination, or invalidity shall be resolved through negotiations. If an agreement cannot be reached through negotiations, disputes shall be resolved according to the procedure established by the laws of the Republic of Lithuania, as indicated in the Terms of Use of the Online Store.
16.4 If the Buyer disagrees with the Seller’s written response to the Buyer’s claim, the Buyer may submit a request/complaint regarding the product purchased on www.dailyspoon.lt
to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: [email protected] , phone: +370 5 262 67 51, fax: (8 5) 279 1466, website: www.vvtat.lt , as well as to the territorial divisions of the State Consumer Rights Protection Authority in the counties) — or fill out a request form on the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/odr/
16.5 The Seller reserves the right to change, modify, or supplement the terms and conditions of purchase and sale of products in the manner provided in the Website Terms of Use. Therefore, when placing an order, the terms and conditions valid at the time of order submission shall apply. In all cases, the Buyer agrees to familiarize themselves with the purchase and sale terms each time an order is placed, by marking the link indicating that they have read the Terms. In this way, the Buyer confirms that they have read and understood the Terms presented on the Website at the time of the order, including the current version of the purchase and sale terms.
16.6 To inform the Seller about violations of the purchase and sale terms, ask questions, submit claims, or request assistance regarding the interpretation or application of the purchase and sale terms, please contact [email protected] Written inquiries will be answered within 14 (fourteen) calendar days from the date of receipt.
