- General provisions
1.1 These Rules of Purchase and Sale (hereinafter referred to as the Rules) establish the mutual rights, obligations and responsibilities of the person acquiring the Goods in the www.dailyspoon.lt Website (hereinafter referred to as the Buyer) and MB “Daily Spoon” (hereinafter referred to as the Seller) when the Buyer purchases Goods in the Website. By purchasing Goods in the Website, the Buyer agrees to the application of these Rules.
1.2 The Seller reserves the right to change, amend or supplement the Rules at any time, taking into account the requirements established by legal acts. The Buyer who has registered for any changes, corrections or additions will be informed at the time of login on page www.dailyspoon.lt and, in order to shop in this online store, will have to re-agree to the modified Rules.
1.3 The Buyer agrees not to reproduce, duplicate, copy, sell or resell the Goods without a written permission from the Seller.
1.4 The following parties are entitled to purchase Goods in the Website:
1.4.1. natural persons with sufficient capacity, i.e. adult persons whose capacity is not restricted in accordance with applicable legal acts;
1.4.2. minors from fourteen to eighteen years of age only having a consent of their parents or caretakers, except when they have disposition of their own income or are emancipated;
1.4.3. legal entities;
1.4.4. authorized representatives of all aforementioned parties.
1.5 The Buyer, after agreeing to the Rules, confirms that in accordance with paragraph 1.4 of the Rules. he has the right to buy Goods dailyspoon.lt Website.
- Protection of personal data
2.1 The Buyer can order Goods in dailyspoon.lt without registering on this website.
2.2 When ordering the Goods in the manner provided for in the paragraphs of the Rules, the respective information fields provided by the Seller must indicate their personal data necessary for the proper execution of the order: name, surname, delivery address, telephone number and e-mail address.
2.4 If the Customer agrees, His/her personal data referred to in point 2.2 may be processed in a dailyspoon.lt for direct marketing purposes. The Buyer has the opportunity to choose to receive or not receive newsletters and special offers during registration.
2.5 The Seller will only send newsletters to registered Members, automatically after the Member clicks on the “Register” button. The Member can unsubscribe from the newsletters at any given time by clicking on a link provided at the bottom of the newsletter. The Seller only sends the newsletters to the email address provided by the Member.
2.6 By agreeing that his/her personal data would be processed for the purpose of selling Goods and services in the Seller’s e-shop, the Buyer also agrees that the e-mail address and telephone number indicated by him will be sent the information messages necessary to fulfill the order of the Goods.
2.7 The Seller undertakes not to disclose the Buyer’s personal data to third parties, with the exception of the Seller’s partners providing services related to the delivery of Goods or other services related to the proper execution of the Buyer’s order. In all other cases, the Buyer’s personal data may be disclosed to third parties only in accordance with the procedure established by the legal acts of the Republic of Lithuania.
2.8 The document confirming the Identity of the Buyer and the Buyer’s data contained therein shall be used only for proper identification of the person provided to the employee of the Seller or Lithuanian Post.
- The moment of entry into purchase-sale agreement
3.1 The contract between the Buyer and the Seller shall be considered concluded from the moment when the Buyer, having selected the purchased product(s) and formed the basket of Goods, clicks on the link “Pay”.
3.2 Once the Buyer has placed an order and paid for it, an email will be sent to the Buyer‘s email confirming the receipt of the order.
3.3 Once the order is prepared, the Seller shall send an e-mail to the Buyer to confirm that the Goods have been dispatched.
- The rights of the Buyer
4.1 The Buyer shall be entitled to purchase Goods in the Website in accordance with the procedure stipulated by these Rules of Goods purchase and sale.
4.2 The Buyer has the right to withdraw from the contract of purchase and sale of Goods concluded with the dailyspoon.lt Website by notifying the Seller in writing (by e-mail, indicating the item to be returned, its order number and the reason for return) no later than within 14 (fourteen) business days from the date of delivery of the item.
4.3 Rules 4.2. The Buyer’s right provided for in Item 2.1.1 is implemented 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 (Wording of 11 June 2001 No. 697, 2014).
4.4 Rules 4.2. The Buyer may exercise the right provided for in clause 2.2.1 only if the product has not been damaged or its appearance has not changed significantly, nor has it been used.
- Buyer’s obligations
5.1 The Buyer must pay the price of the Goods and their delivery, as well as other payments (if any, when concluding the contract) and accept the ordered Goods. The Buyer pays for the Goods through the Opay system.
5.2 If the data provided in the Buyer’s registration form changes, the Buyer must immediately update them.
5.3 The Buyer commits to use the Website fairly and correctly and not to interfere with its operation or stable functioning. If the Buyer fails to comply with this obligation, the Seller shall be entitled to restrict and/or suspend (terminate) the Buyer‘s access to the Website without prior notice and the Seller shall not be held liable for any losses incurred by the Buyer in connection with that.
5.4 Despite the obligations set out in any other clause of the Terms and Conditions, the Buyer commits to assure that the Goods received are the ones that were ordered before starting to use them.
5.5 Before using or storing the Goods, the Buyer shall carefully read the information on the packaging of the Goods or accompanying the Goods and shall comply with the conditions described for the storage and keeping of such Goods.
5.6 The Buyer, making use of the Website, shall undertake to observe these Rules of Goods purchase and sale, the Rules, other terms and conditions expressly specified in the Website and not violate the legal acts of the territory of the Republic of Lithuania.
- The rights of the Seller
6.1 If the Buyer tries to undermine the stability and security of the work of the online store or violates its obligations, the Seller has the right to immediately and without warning restrict or suspend his access to the online store or, in exceptional cases, cancel the Buyer’s registration.
6.3 In the event of important circumstances, the Seller may temporarily or at all terminate the activity of the online store without prior notice to the Buyer.
6.4 The Seller has the right to cancel the order without prior notice to the Buyer if the Buyer has chosen 8.2.1 of the Rules. the method of payment provided for in item 3.2.1 does not pay for the Goods within 3 (three) calendar days.
- Seller’s obligations
7.1 The Seller shall undertake, under the terms and conditions stipulated in these Rules of Goods purchase and sale and in the Website, allow the Buyer to use the services of the Website.
7.2 The Seller shall undertake to respect the privacy right of the Customer towards the Personal information belonging to the Customer, i.e. to process the personal details specified by the Buyer only in accordance with the procedure provided for in these Rules and the legal acts in the territory of the Republic of Lithuania.
7.3 The Seller shall undertake to deliver the Goods ordered by the Buyer to the address specified by the Buyer under the terms and conditions specified in section 9 of the Rules of Goods purchase and sale.
7.4 In the exceptional case that the Seller is unable to sell the product (e.g. because the product is out of stock or because the product is no longer available for sale) the Seller will inform the Buyer by email or other means (call and/or SMS) and offer the Buyer a possible solution to the problem (e.g. refund, additional time for delivery, etc.). If the Buyer does not accept any of the Seller’s offers, the order shall be terminated and, if the Buyer has already paid for the Goods, the Seller shall refund the amount paid immediately, but no later than within 7 (seven) calendar days.
7.5 After the Buyer has used the Rules 4.2. the right provided for in clause 4.4 of the Rules. the Seller undertakes to return the money paid to the Buyer within 7 (seven) business days from the date of receipt of the returned product.
- Prices and payment arrangements
8.1 Prices of the Goods are subject to change without notice.
8.2. Prices of Goods are expressed in Euros in the Website and are inclusive of all taxes, including VAT. Delivery charges, if any, shall be added to the total Euro amount of the Goods.
8.3 The Buyer pay for Goods:
8.3.1. by electronic banking via the Opay system or by the methods specified in the Opay system.
- Delivery of Goods
9.1 Delivery of Goods to the Buyer:
9.2 The Goods shall be delivered to the specified parcel terminal:
9.2.1. The Buyer undertakes to indicate the parcel terminal to which he wishes to receive the Goods.
9.2.2. At the parcel terminal, the shipment is stored for 72 hours. At the end of the period, the consignment shall be returned to the consignor.
9.2.3. It is not possible to divert the shipment to another delivery point.
9.3 Delivery of Goods to the address indicated by the Buyer:
9.3.1. The Buyer, having chosen the delivery service at the time of ordering, undertakes to indicate the exact place of delivery of the Goods.
9.3.2. The Buyer undertakes to accept the Goods himself. If the Goods will be accepted by someone other than the Buyer, the Buyer must provide the details of the person who will accept the Goods when completing the delivery information for the order.
9.3.3. A valid proof of identity must be presented at the time of acceptance of the Goods to properly identify the Buyer. If the Buyer is unable to accept the Goods himself and the Goods are delivered to the address specified by the Buyer, the Buyer shall not be entitled to make any claims against the Seller in respect of the delivery of the Goods to the wrong person.
9.3.4. The Goods are delivered by the Seller or his authorized representative.
9.4 The fee for the delivery (transportation) of Goods is calculated taking into account the amount of the order.
9.5 The Buyer agrees that in exceptional cases the delivery of the Goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In this case, the Seller undertakes to immediately contact the Buyer and agree the conditions for the delivery of the Goods.
9.6 In all cases the Seller shall be exempt from liability for breach of time terms of delivery of Goods if Goods cannot be delivered to the Buyer or are delivered untimely due to the Buyer‘s fault or due to the Buyer dependant circumstances.
9.7 If the Buyer does not collect the Goods within 72 hours of being notified that the Goods have been delivered to the Post Office of his choice, the Buyer shall pay the cost of returning and re-shipping the Goods to the back Seller, if the Seller wishes to have them returned back.
9.8 The current rates and timeframes for delivery costs are set out on the Website under “Delivery”.
- Return and replacement of Goods
10.1 Damages of Goods sold shall be eliminated, low-quality Goods shall be replaced, returned and (or) the Buyer can disclaim the Agreement in accordance with the applicable legal acts and under the procedure provided in these Rules of Goods purchase and sale.
10.2 If the Buyer wishes to disclaim the Agreement, he/she must provide the Seller with a free-form application of Goods return and send it to email@example.com.
10.3 The Buyer, who is the Consumer, shall be entitled, disclaim the Agreement by notifying the Seller thereof in writing not later than within 14 (fourteen) calendar days from the date of transfer (delivery) of the Item.
10.4 A refund or exchange cannot be offered to the Buyer after fourteen (14) days from the date of the delviery of the Goods.
10.5 The Buyer must observe the following terms and conditions when he returns Goods:
10.5.1. the Item returned must be in the original neat package (this clause shall not apply in case of return of a low-value Item);
10.5.2. the Item cannot be damaged by the Buyer;
10.5.3. the Item must be unused, its merchandising appearance must be intact (this clause shall not apply in case of return of a low-value Item);
10.5.4. the Item returned must be unchanged, i.e. it must be the same as it was received by the Buyer.
10.6 The Seller shall be entitled to refuse to accept Goods returned by the Buyer if the Buyer fails to observe the procedure of Goods return stipulated in this section.
10.7 The right provided for in Clause 10.1 of the Rules may be exercised only by the Buyer, who, in accordance with the provisions of the Law on Consumer Rights Protection of the Republic of Lithuania, is to be recognised as a consumer, i.e. a natural person seeking to conclude or conclude contracts for purposes not related to his business, trade, craft or profession (for consumption purposes).
10.7.1. The Buyer may not exercise the right of withdrawal provided for in clause 10.1 of the Rules when the contract is concluded for:
10.7.2. Terishable Goods or Goods with a short shelf life;
10.7.3. Packaged Goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons as well as in other cases established by the Civil Code approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001 and other legal acts.
10.8. Goods of inadequate quality or quality Goods that the Buyer does not like in shape, size, color, pattern or completeness are changed or returned in accordance with the Retail Trade Rules approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania.
10.9 Money for returned Goods is in all cases transferred by payment order and only to the payer’s bank account.
10.10. Gift vouchers, used and unused, are not refundable or redeemable for cash.
- Guarantee of quality of Goods
11.1 The Goods shall be covered by the quality guarantee and/or durability period provided by their manufacturer, the specific term (duration) and/or other conditions of which, including the conditions for non-application of the warranty, shall be indicated in the descriptions of such Goods, on the packaging of the Goods and/or in the warranty carnets presented with the Goods. If no manufacturer’s quality guarantee is provided for certain types of Goods, such Goods are covered by a two-year warranty according to the law and the manufacturer’s commercial guarantee, which does not intimidate and restrict the rights of Buyers, which, after purchasing the product of inadequate quality, are established by the CK of the Republic of Lithuania to buyers.
11.2 The manufacturer’s product obligations are valid only if the conditions of use of the product are not violated.
11.3 Defects in the Goods shall be eliminated and defective Goods shall be replaced or returned according to the procedure set out in these Rules and in accordance with the requirements of the applicable legislation of the Republic of Lithuania.
11.4 The Buyer who has acquired the Item of improper quality shall be entitled at his own choice:
11.4.1. to request a free elimination of defects of the Item by the Seller; or
11.4.2. to request a free replacement of an Item of improper quality with an Item of proper quality by the Seller; or
11.4.3. to request reduction the price of the Item by the Seller; or
11.4.4. to terminate the Agreement unilaterally and to claim return of the price of the Item paid by the Buyer.
11.5 The Buyer understands that the colour, shape and (or) other parameters of the Goods depicted in the Website can differ from the real shapes, colours and (or) parameters of the Item because of technical properties of the device used by the Buyer. Should you require more detailed information, advice or directions regarding our Goods, please contact the Seller by email firstname.lastname@example.org.
12.1 The Buyer is fully responsible for the correctness of the personal data provided by him/ her. If the Buyer does not provide accurate personal data, the Seller shall not be liable for the consequences arising therefrom and shall acquire the right to claim direct damages from the Buyer.
12.2 The Buyer is responsible for the actions performed using this online store.
12.3 The Buyer using the Online Shop is held responsible for the storage and/or transfer of his/her login data to third parties. If the services provided by the Online Shop are used by third parties who have logged in to the Online Shop by using the Buyer’s login details, the Seller shall consider it to be the Buyer, and the Buyer shall be liable for all actions performed by such third parties in the Online Shop.
12.4 The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer, regardless of the Seller’s recommendations and his obligations, did not get acquainted with these Rules, although such possibility was given to him.
12.5 In case of damage, the guilty party shall compensate the other party for direct losses.
12.6. The Seller shall not be liable for the proper performance of mutual obligations between the Buyer and the Seller’s partners whose services the Buyer orders.
- The marketing measures applied by the Seller
13.1 The reserves the right, at its own discretion, to enter and (or) revoke at any time offers, promotions or to change the prices of Goods published in the Website or any material or consent of the Website or without violation of the Buyer‘s rights, including the terms and conditions of the Agreement made prior to such change.
13.2 Discounts are not cumulative.
13.3 The Seller shall only acknowledge the Buyer feedback if a purchase has been made in the e-shop at the email address provided in the feedback.
- Exchange of information
14.1 The Seller shall send all notices in the manner provided for in Clause 2.2 of the Rules to the email address provided by the Buyer.
14.2 The Customer shall send all his/her notifications and inquiries to the Seller by email email@example.com.
15.1 The Website Owner shall collect information about a person using cookies. Cookies are small files that are temporarily stored on Your hard disk drive and allows recognizing You through other visits to the Website, save Your personal browsing history, options, and customize content. Cookies mean common browsing practice on web pages that facilitate the use of the Website.
- The final Provisions
16.1 The Rules shall be governed by the law of the Republic of Lithuania.
16.2 The Buyer and the Seller agree that all disputes, claims and / or disagreements relating to the Agreement or that have arisen in connection with its execution, infringement, termination or invalidity, shall be settled in the way of negotiation. If both sides cannot reach an agreement by negotiation, the disputed shall be settled in accordance with the legal acts of the Republic of Lithuania as specified in the procedure of use of the Website.
16.3 The Seller shall be entitled to change, adjust or supplement the Rules of Goods purchase and sale in the way provided in the procedure of use of the Website. Therefore, the Rules of Goods purchase and sale that are valid during placement of Goods order will be applied at the time of placement of Goods order by the Buyer. In all cases the Buyer shall undertake to make familiar himself/herself with the Rules of Goods purchase and sale every time he/she places Goods order by ticking an appropriate box thus showing his/her familiarity with the Rules and that he/she understands the Rules available in the Website that are valid at the time of ordering Goods, including a valid version of the Rules of Goods purchase and sale.
16.4 If you wish to notify us about infringement of the Rules of Goods purchase and sale, should you have any inquiries, claims or should you require our assistance regarding interpretation of the Rules of Goods purchase and sale or their application, please contact us by email firstname.lastname@example.org. We will respond to your written inquiries within 14 (fourteen) calendar days from the date of receipt of inquiry. If the Buyer disagrees with the response of the Website Owner, he/she may apply to the State Consumer Rights Protection Authority, at www.vvtat.lt, or complete an application form on the Electronic Consumer Dispute Resolution Platform, at ec.europa.eu/odr/. Legal disputes shall be subject to the procedure established by law.