Rules

THE RULES OF THE ONLINE STORE MANOVAISTINĖ

1. PRINCIPAL DEFINITIONS

1.1. Online Store – the Online Store, found at www.manovaistine.lt. The shop can also be reached at www.mano-vaistine.lt, www.manovaistines.lt, www.mano–vaistines.lt, www.manovaistine.com and www.manovaistine.eu;

1.2. Medicines – non-prescription medicine preparations;

1.3. Goods – medicines, food supplements, medical goods and other goods sold at the Online Store;

1.4. Customer – the person, who purchases or orders Goods at the Online Store and is the final consumer, i.e. 1) capable natural person of legal age, whose capacity is not restricted in the procedures, prescribed by the applicable legal acts of the Republic of Lithuania; 2) underage person from fourteen to eighteen, holding his/her parents’ or guardians’ consent, with the exception of the cases where the person is emancipated; 3) underage person from sixteen years of age, purchasing at least one medicine item; 4) a legal entity; 5) duly authorized representatives of any of the above;

1.4. Seller – (i) ENTAFARMA UAB, registered address: Klonėnų vs. 1, LT-19156 Širvintos District Municipality, legal entity registration number: 174443844, VAT payer’s number: LT744438415 (in case the Goods, purchased by the Customer, are not medicines) or (ii) MANO VAISTINĖ UAB, registered address: Nemuno str. 70A, Šakiai District Municipality, Kiduliai village, legal entity registration number: 174324562 (in case the basket of the Goods, purchased by the Customer, contains at least one medicine preparation);

1.5. Personal data – the Customer’s personal data, provided by the Customer during the registration or when ordering the Goods at the Online Store, as well as the history of the Goods, purchased by the Customer, in case the requirements, provided by the Law on Legal Protection of Personal Data of the Republic of Lithuania are applicable for handling such data;

1.6. Account – the result of the Customer’s registration at the Online Store, which creates the account, storing the Customer’s personal data and orders’ history;

1.7. Business day – each day of the week, with the exception of Saturdays and Sundays and state holidays, which are announced non-working days in accordance with the procedure prescribed by the applicable legal acts of the Republic of Lithuania;

1.8. The Rules – these rules of use of the Online Store www.manovaistine.lt;

1.9. Partner – one of the independent pharmacies, operating under the trademark MANO VAISTINĖ, cooperating with the Seller in trade of the Goods;

1.10. Pharmaceutical service – a service, provided by pharmacy specialists at a pharmacy, covering verification of prescriptions, choice of non-prescription medicine preparations, provision of pharmaceutical information on medicine preparations and consultations to residents and health care and pharmacy specialists;

1.11. Consultation by a pharmacy specialist – the pharmaceutical service, provided by a pharmacy specialist, covering selection of non-prescription medicine preparations, provision of pharmaceutical information on medicine preparations to the Customer and compliant with the requirements provided in the “Provisions on good practice in pharmacy activities” approved by the Order of the Ministry of Health of the Republic of Lithuania of 15 June 2007.

2. GENERAL PROVISIONS

2.1. These Rules establish the general conditions of use of the Online Store. The relations, not regulated by these Rules, or regulated only in part, are fully regulated by the applicable legal acts of the Republic of Lithuania.

2.2. The Customer, when registering or placing an order at the Online Store, unconditionally confirms that he/she is duly familiarized with the Rules and undertakes to observe them. The Customer shall not be allowed to place an order, if the Customer is not familiarized or does not agree with the Rules. In case the Customer, fully or in part, does not agree with all or a part of the Rules, the Customer may not press the “Register” button, otherwise it shall be held that the Customer undertakes all the obligations and responsibility, arising from the registration and fully agrees with the Rules.

2.3. The Seller undertakes no risk and shall be released from any liability in case the Customer has not, fully or in part read the Rules when such possibility was provided.

2.4. The Seller confirms that he is responsible for the sales, due delivery and quality of the Goods ordered at the Online Store, due implementation of the return terms and performance of other of its rights and responsibilities under the applicable legal acts.

2.5. The Seller reserves the right to amend, supplement or modify the Rules. The Customers shall be notified on any amendments, supplements or modifications when visiting the Online Store or when purchasing the Goods for the first time after the entering into effect of the new version of the Rules, which shall enter into effect outright after its placement on the website of the Online Store. Only the Customers, as defined in Paragraph 1.4 of the Rules, shall have the right to place orders at the Online Store. The Customer, when confirming that he/she has read the Rules, also confirms that he/she has the right to purchase Goods at the Online Store. When placing orders at the Online Store, the current Rules shall be applicable therefore the Customer should view the Rules through each time when placing an order.

2.6. The Seller has the right to restrict the number of Customers registered at the Online Store.

2.7. The Seller has the right, without any advance notice, to restrict the Customer’s use of the Online Store or to delete the Customer’s Account, in case the Customer uses the Online Store in violation of these Rules, attempts to harm the stability and security of operation of the Online Store or otherwise violates the requirements, provided by the applicable legal acts of the Republic of Lithuania.

2.8. The Administrator has the right to change or cancel the functions of the Online Store or change the layout of its elements or cancel certain functions.

2.9. The Seller has the right to suspend or terminate the Online Store activities without providing an advance notice to the Customer. In this case all of the Seller’s rights and responsibilities under these Rules or the applicable legal acts, relating to orders, both completed and in progress, shall remain in effect.

3. REGISTRATION AT THE ONLINE STORE

3.1. A visitor who wants to use the Online Store (i.e. become a Customer) shall register by entering his/her e-mail address and password in the registration field. Provision of such data is a mandatory condition for a successful registration.

3.2. After a successful registration, an individual Account is created to which the Customer may login only by entering his/her e-mail address and password used during the registration.

3.3. The Customer undertakes not to disclose the Account login data (password) to any other persons. The Customer is responsible for protecting the login data, as well as for any actions (transfer of data, placed orders, user comments, etc.), which are performed at the Online Store by connecting to the Account and for any consequences of the above. If the services, provided by the Online Store, are used by another person, who connects by using the Customer’s login data, such person shall be considered the Customer by the Seller. If the Customer loses the login data, the Customer must immediately notify the Seller on the issue by calling the telephone number 8 382 33014 or by sending a message to [email protected].

3.4. The Customer who wants to order Goods at the Online Store, must provide the following data: full name, e-mail address, telephone number, age and address of residence. Such data are necessary in order for the Seller to be able to duly process the order. The Customer, who does not provide the necessary data, shall not be able to purchase Goods.

3.5. The Customer is responsible for provision of precise, accurate and comprehensive data. In case of any changes of the Customer’s data, the Customer must make respective updates at his/her Account. In no case the Seller shall be liable for any damage, incurred by the Customer and/or any other persons as the result of provision of incorrect and/or incomprehensive personal data by the Customer or if the Customer fails to update his/her data in case of any change thereof. If the Customer, when using the Online Store, provides other persons’ personal data, the Customer shall be responsible for validity of provision and use of such data.

3.6. Any time the Customer shall have the right to change or update his/her Account data or provide to the Seller the request to cancel his/her registration. Upon cancelling the registration, the Customer is deprived of the possibility to use the Online Store and place orders. The Customer shall be provided a possibility to order only after repeatedly registering at the Online Store.

4. ORDERING THE GOODS

4.1. The Customer wishing to order Goods from the Online Store shall login to his/her Account.

4.2. After the Customer selects the Goods, the Customer’s basket is formed, after which the Customer fills in the order form, by entering the data necessary for delivery of the chosen Goods, i.e. full name, telephone/fax number, e-mail address, location of delivery and postal code.

4.3. The Customer agrees that the Seller will send information messages to the Customer’s e-mail necessary in order to implement the order. The Customer also agrees that his/her personal data or any part thereof can be provided to the Seller’s partners (data handlers) in order to duly implement the order.

4.4. After the Customer duly fills in the order form and presses “CONTINUE”, the website generates all the data, filled in by the Customer. The Customer must review the data, make certain that the data are correct and correspond to his/her wishes and confirm them.

4.5. After the Customer makes certain that the generated order form is correct, he/she must confirm the order by pressing “BUY”. The order shall be considered placed as of the moment of its receipt by the Online Store. After the Customer selects the Goods, forms the basket and presses “BUY”, it is considered that legal relations of purchase and sales emerge between the Seller and the Customer. However, the contract shall be considered effective and the Goods delivery period shall be calculated as of the moment when the Online Store receives the confirmation of payment for the ordered Goods.

4.6. Each order is stored at the Online Store’s database.

4.7. After the Customer places the order, the Online Store’s system automatically forwards the confirmation of the order to the Customer’s e-mail, stating the ordered Goods and the data provided by the Customer.

4.8. After the Online Store receives the notification that the Customer has completed the payment transfer according to his/her order, the Online Store shall send the notification to the Customer’s e-mail, stating that the performance of the order has been commenced. The moment of receipt of such notice is considered the commencement of performance of the contract between the Seller and the Customer.

5. ORDERING MEDICINES

5.1. To the extent not regulated by this Chapter of Rules, the provisions of Chapter 4 of Rules (“Ordering the Goods”) shall be applicable to purchase of medicines. In case of any conflict between this Chapter and Chapter 4, the provisions of this Chapter shall prevail.

5.2. At the Online Store the Customer may not purchase medicine preparations or other goods, sold with a doctor’s prescription. According to the requirements provided by the applicable legal acts of the Republic of Lithuania, the Seller may sell to the Customer medicine preparations or other goods, sold with a doctor’s prescription, only at a pharmacy.

5.3. The Customer may, at one time, purchase Medicines for a treatment no longer than one month. The Customer may, at one time, purchase not more than one outer package of non-prescription medicine preparations, containing first category narcotic and psychotropic substance precursors, or if there is no outer package, one inner package. The Customer may, for one treatment, purchase medicine preparations, containing pseudoephedrine, intended for use during different time of the day, in the quantity of no larger than 720 mg.

5.4. In case the Customer’s basket contains at least one Medicine, before concluding the purchase and sales contract with the Seller, the Customer must be provided the pharmaceutical service.

5.5. Consultations by a pharmacy specialist are provided to the telephone number, stated by the Customer, during business days from 8.30 am to 5.30 pm. Pharmacy specialist’s consultations, provided over the telephone, are recorded and stored for one year.

5.6. In case the Customer does not agree to have the pharmacy specialist’s consultation recorded, stored or provided to third parties or refuses the consultation, which is in progress, or if the Seller is not able to reach the Customer by telephone for a time period longer than 2 (two) business days, the Medicines shall be removed from the Customer’s basket with the option to receive the Goods by courier to the address, stated by the Customer.

6. DELIVERY AND COLLECTION OF GOODS

6.1. The Customer may select one of the following ways of delivery, in accordance with the type of ordered Goods:

6.1.1. Collecting the Goods (with the exception of Medicines) from the Partner;

6.1.2. Receiving the ordered Goods through a courier service to the address stated by the Customer within the territory of the Republic of Lithuania;

6.1.3. Receiving the ordered Goods abroad through a courier service to the address stated by the Customer. In that case the Conditions of delivery of Goods abroad (hereinafter referred to as the Conditions), which are an integral part of these Rules, shall be additionally applicable.

6.2. In case the Customer chooses to collect the Goods from a Partner, he/she must collect them not later than within 14 (fourteen) calendar days from the moment of receipt of the e-mailed confirmation from the Online Store by the Customer, stating that the Goods’ order is prepared and delivered to the Partner. The Customer may collect the Goods during the Partner’s business hours. The list of Partners and the business hours are provided in the “Pharmacies” section of the Online Store’s website. If the Customer does not collect the Goods within the period above stated, the Administrator shall, without any advance notice, cancel the Goods’ order, terminate the Goods’ purchase and sales contract and, within 14 (fourteen) calendar days, refund to the Customer the paid amount, upon deducting the commission charge, stated in Paragraph 7.2, as well as the Goods delivery fee, stated in Paragraph 7.3.

6.3. The Goods may be collected only by the Customer or by another person, to whom the Customer has provided the order number. When collecting the Goods at the Partner, the Customer must provide the order number, stated in the order confirmation received by e-mail. If the Goods are collected not by the Customer him/herself, in his/her Order the Customer must state the full name of the person, who will collect the Goods. When collecting the Goods at the Pharmacy, such person must provide his/her valid personal ID document.

6.4. If the Customer chooses to receive the ordered Goods through a courier service to the address within the territory of the Republic of Lithuania, stated by the Customer, the Goods shall be delivered to the Customer within 2 (two) - 3 (three) business days as of the date of receipt of notification on the payment for the Goods, with the exception of the cases when the Seller does not have the ordered Goods at that moment. The courier service performs Goods’ delivery to the Customer only during business days from 8.00 am till 6.00 pm.

6.5. The Customer shall collect the Goods at the delivery location, stated during the Goods’ ordering, him/herself or the Goods may be collected by a third person, to whom the Customer provides the order number. If the ordered Goods are collected not by the Customer him/herself, the Customer must state the full name of the person, who shall collect the Goods, in the order. When collecting the Goods, such person must provide to the courier service’s representative the valid personal ID document. When disclosing the order number to a third person, the Customer shall undertake full responsibility and shall not have the right to provide any claims to the Seller as regards the Goods’ delivery to the wrong recipient.

6.6. When collecting the purchased Goods, before signing the Goods’ delivery documents, the Customer must inspect the state of the Goods’ package, the Goods’ quantity, quality and assortment. If the Customer notices any deficiencies or variance between the order and the actually received batch, the Customer may not accept the Goods and, together with the courier, must fill in the special batch inspection report, stating the noted violations and notify the Administrator by the telephone number or e-mail, provided in these Rules. If the Customer confirms the Goods’ delivery documents without any notes, the Goods shall be deemed delivered in an undamaged package and the Goods’ quantity, quality and assortment shall be considered in correspondence with the order and the conditions of the purchase and sales contract.

6.7. If the Goods’ delivery is impossible not due to the Seller’s fault (such as the Customer, when ordering the Goods, has stated an incorrect address, the Customer or recipient is not found at the stated address, etc.), the Customer does not collect the Goods at the time, agreed upon with the courier service or refuses to accept the Goods, the Seller, without providing an advance notice, may terminate the Goods purchase and sales contract. If, in the case herein stated, the Seller terminates the purchase and sales contract, the Seller shall, within 14 (fourteen) calendar days, return to the Customer the amount, paid for the Goods, upon deducting the commission charge, stated in Paragraph 7.2 as well as the Goods delivery fee, stated in Paragraph 7.7.

6.8. If the Customer’s basket includes at least one item, the desired quantity of which is not able to be delivered by the Seller within the time period, stated in these Rules, the Seller shall immediately notify the Customer on the issue by providing the respective notice to the e-mail address or calling the telephone number, stated in the Account and suggest the potential Goods’ delivery period. If the Customer does not agree with the changed Goods’ delivery period, the Customer may refuse the order. In such case, the Seller, within 14 (fourteen) calendar days as of the date of refusal of the order, shall return the amount, paid according to the previous order, upon deducting the commission charges, stated in Paragraph 7.2 of the Rules or Paragraph 7.7 of the Conditions.

6.9. The Seller shall not be liable to the Customer for any delays in Goods’ delivery in case such delay occurs due to the fault of the courier service, delivering the Goods.

6.10. In all cases the Seller shall not be liable to the Customer for any delays of the Goods’ delivery deadlines, if the Goods’ delivery is delayed due to the Customer’s fault or due to any circumstances, for which the Customer is responsible.

6.11. The Seller shall transfer any amounts, returned to the Customer in the cases above stated, to the bank account, stated by the Customer when providing the respective order, from which the payment for the order was made.

7. PRICE OF THE GOODS AND PAYMENT

7.1. The Goods’ prices, provided at the Online Store and in the Customer’s order, are stated in euros, including the value added tax (VAT). In case the official currency of the Republic of Lithuania is changed, the Goods’ prices shall be converted according to the procedure prescribed by the applicable legal acts.

7.2. The Goods’ prices include the commission charges, applicable to the Seller for payment in the Republic of Lithuania by the www.paysera.lt payment system, i.e. the commission charge, amounting to 1 % - 3 % off the amount of payment for the transaction, as well as the additional fixed commission charge of EUR 0.1 per one payment and additional commission charge of 0.4% per one payment. The sizes of commission charges are provided at https://www.paysera.lt/kainos/imoku_surinkimas_internetu.html.

7.3. The Customer may pay for the Goods only by the official currency of the Republic of Lithuania, i.e. euro. In case the official currency of the Republic of Lithuania is changed, the Goods’ prices shall be converted according to the procedure prescribed by the applicable legal acts.

7.4. The price, in effect during the confirmation of the order, shall be applicable to the Goods.

7.5. The Customer and the Seller agree that after the Customer places the order and the Seller confirms it, the Goods’ price may change, referring to the objective indicators, affecting the price, such as an increase of cost price, technical error in the information system, additional costs, relating to the sales of the Goods to the Customer (cf. Paragraph 7 of Article 6.313 of the Civil Code of the Republic of Lithuania). If the Customer refuses to purchase the Goods for the new price, the Customer may cancel the order by notifying the Seller on the issue within 7 (seven) business days. After the cancellation of the Order in the procedure, stated in this Paragraph, all the amounts paid by the Customer, shall be refunded with the exception of the Goods delivery fee, stated in Paragraph 6.3 of the Conditions.

7.6. The service of collection of Goods from the Partner is free of charge, if the amount of order is higher than EUR 6 (six euros) including the VAT. An EUR 2.90 (two euros, 90 cent) Goods delivery charge shall be applicable if the price of the Goods, ordered by the Customer, is lower than EUR 6 (six euros) including the VAT.

7.7. Goods delivery charge of EUR 2.90 (two euros, 90 cent) shall be applicable for the service of delivery of the Goods by a courier within the territory of the Republic of Lithuania, if the price of the Goods, ordered by the Customer, does not exceed the amount of EUR 30.00 (twenty euros, 00 cent). If the price of Goods, ordered by the Customer exceeds EUR 30.00 (twenty euros, 00 cent), the courier delivery service shall be free of charge. The Goods’ delivery price shall be applicable to the whole basket of the ordered Goods and shall not be broken down per individual Goods items.

7.8. The Customer may pay for the Goods in two ways:

7.8.1. By advance payment transfer, using the www.paysera.lt payment system. The Customer undertakes to pay by an advance payment transfer not later than within 3 (three) calendar days as of the moment of placement of the order at the Online Store. The payment shall be held completed after the paid amount is received at the Seller’s bank account. The responsibility for security of the data during the payment shall be borne by the www.paysera.lt payment system or by the specific bank, since all the transactions are performed inside the payment system and the bank’s e-banking system;

7.8.2. By cash, paid to the courier service, which delivers the Goods, during the delivery (with the exception of the case, stated in Paragraph 5.1.3 of the Rules).

7.9. If the Customer fails to pay the Seller within the time period, stated in Paragraph 7.8.1 of the Rules, the Administrator shall have the right to remove the Customer’s Order from the system.

7.10. In case the Customer does not agree to be provided the pharmaceutical service in the procedure, established in Paragraph 5.5 of these Rules, the amount, paid to the Seller for the Medicines in advance, shall be refunded to the Customer in accordance with the provisions of Paragraph 5.6 of the Rules.

7.11. Not later than within 2 (two) business days as of the moment of the Customer’s payment for the Goods, the Administrator shall send the active link to the e-mail address, stated by the Customer. By pressing the link, the Customer will be able to download the Seller’s VAT invoice.

7.12. When ordering or purchasing Goods at the Online Store, the Customer may not pay for the Goods in any other ways, which are not stated as methods of payment in these Rules.

8. WAIVER OF CONTRACT. REPLACEMENT AND RETURN OF GOODS

8.1. The Customer shall have no right to waive the purchase and sales contract and return to the Seller the following goods:

8.1.1. Medical preparations;

8.1.2. Good quality food products, including food supplements;

8.1.3. Good quality perfumery, cosmetics and toiletry preparations;

8.1.4. Good quality optics, measurement, control, medical or surgery equipment and devices;

8.1.5. Quality Goods, which have been used by the Customer, the Goods, which (or their package) were damaged by the Customer, as well as not full Goods (for instance, if specific Goods’ parts, user instructions or warranty maintenance books are missing, etc.);

8.1.6. Other Goods, which may be refused to be accepted back by the Seller in accordance with the applicable legal acts.

8.2. The Goods shall be considered low quality, in case their expiry date is overdue, their composition includes ingredients, forbidden under the applicable legal acts, their consistence or other essential features have changed before their delivery to the Customer as the result of inappropriate storage conditions, the Goods are damaged mechanically, the Goods’ package is damaged or there are other Goods’ quality deficiencies.

8.3. The Customer shall have the right to return the Goods, ordered or purchased at the Online Store, which are not stated in Paragraph 8.1. of the Rules, by waiving the concluded purchase and sales contract with regard to all or a part of the Goods, listed in the Order. In order to use the right, the Customer must:

8.3.1. No later than within 14 (fourteen) calendar days as of the date of transfer of the Goods to the Customer, notify the Seller on the waiver of the contract, by providing the waiver notice to the Seller’s e-mail at [email protected]. The waiver notice must be of a free form, must be signed and state the reasons behind the Customer’s decision to waive the contract; and

8.3.2. No later than within 14 (fourteen) calendar days as of the date of notification on the waiver of contract, as stated in Paragraph 8.3.1., transfer to the Seller the Goods, together with the Goods’ purchase documents (copy of the payment transfer and/or the VAT invoice), as well as any other documents (for instance, warranty maintenance book), if applicable, in the manner, provided in Paragraph 8.7 of these Rules.

8.4. The returned or replaced Goods may not be damaged, their labels must be present and not damaged, protective film intact, etc. The Goods must be not used. The Goods must be returned in the original package and in the same full state as received by the Customer, accompanied by the Goods’ procurement evidencing documents, warranty sheets (if issued), user instructions and other accessories. If the Goods’ item is not full, is damaged, disorderly or improperly packed, the Seller may choose to not accept or replace it and not refund the amount, paid by the Customer.

8.5. The right, provided under Paragraph 8.3, may be used only by the Customer, who, in accordance with the applicable legal acts, is considered a consumer, i.e. a natural person, who expresses his/her will to purchase, purchases and uses the Goods for satisfying his/her personal, family or household needs, not relating to his/her business or occupation.

8.6. Poor quality Goods are replaced or returned in accordance with the applicable legal acts of the Republic of Lithuania, in effect at the moment of the Goods’ purchase, and these Rules.

8.7. The Goods may be transferred (returned) to the Seller:

8.7.1. If the Customer collects the Goods from a Partner, the Goods must be returned by the Partner;

8.7.2. If the Goods are delivered to the Customer by a courier service within the territory of the Republic of Lithuania or abroad, the Goods’ return conditions shall be coordinated individually, by the Customer applying to the Seller by e-mail at [email protected] or by free-of-charge telephone 8 382 33014.

8.8. In the Goods’ return cases, stated in these Rules, the Seller shall refund the money paid for the Goods to the Customer, within 14 (fourteen) calendar days as of the date of return of the Goods, by transferring the respective amount to the Customer’s bank account, deducting the commission fee, stated in Paragraph 7.2, and the Goods delivery charge, stated in Paragraph 7.7 of the Rules.

9. RIGHT TO COMMENT

9.1. The Customer has the right to comment and express his/her opinion about the Goods, sold at the Online Store.

9.2. When using his/her right, stated in Paragraph 8.1, the Customer unconditionally represents and guarantees that any characterizations of the Goods, provided by the Customer, as well as any other information, data and content shall be compliant with the following requirements:

9.2.1. Shall be true, impartial, correct, accurate and not deceitful or otherwise misleading;

9.2.2. Shall not violate the rights of the Seller or any other Party, including, without limitation, intellectual property rights, rights to commercial secrets, rights to inviolability of a person’s private life, etc.;

9.2.3. Shall not violate the requirements, provided by the laws and other legal acts of the Republic of Lithuania;

9.2.4. Shall not create legal obligations to the Seller.

9.3. The Customer is responsible for any information and content, which the Customer sends, views, keeps or disseminates by using the Online Store.

9.4. The Seller reserves the right to, at its own discretion, to delete any of the Customer’s comments without any advance notification.

9.5. When using the Online Store and providing, entering or otherwise sending information or content, the Customer shall, free of charge, for an indefinite period and on unrestricted territory, provide the following rights to the Seller:

9.5.1. The right to, in any way or form, reproduce, issue, make public and disseminate by selling, renting, leasing or otherwise transferring to ownership or control, the information, provided by the Customer, in any form or language;

9.5.2. The right to create derivative content by using the information, provided by the Customer.

10. INTELLECTUAL PROPERTY

10.1. All the rights to the Online Store and any content, found therein, are protected. Any content or information, found at the Online Store, may not be reproduced, made public or disseminated without a prior written approval by the Seller.

10.2. All the trademarks and other intellectual property objects, provided at the Online Store, are legitimately used by the Seller.

11. HANDLING CUSTOMER’S PERSONAL DATA

11.1. When registering at the Online Store, the Customer agrees to have his/her personal data handled for the purpose of administration of his/her Account. The Customer, who does not agree to allow to have his/her personal data handled for the purposes above stated, may not register at the Online Store.

11.2. The Customer’s personal data are handled for direct marketing purposes only upon obtaining the Customer’s approval in the procedure, described in these Rules. Such approval shall mean that the Customer agrees that the Seller or the data handlers, authorized by the Seller, by using the Customer’s personal data, may formulate and send to the Customer special offers, advertising and other information, relating to the Online Store’s activities, the sold Goods, etc.

11.3. All the Customer’s personal data, provided by the Customer to the Seller when using the Online Store, are handled for the purposes of administration of the Customer’s account.

11.4. The Seller shall be held the handler of the Customer’s personal data. The Seller shall implement all of its responsibilities, relating to implementation of the Customer’s inquiries or requests, relating to handling of personal data.

11.5. The Customer’s personal data are commenced to be handled when the Customer expresses his/her approval and shall be handled for a period no longer than 2 (two) years from the Customer’s last session at his/her Account. Afterwards the Customer’s Account, together with his/her personal data, shall be deleted without an advance notification.

11.6. The Customer’s personal data shall be used only by the Seller and its partners, with whom the Seller cooperates for the purpose of administering the Online Store and organizing the Online Store’s trade operations, delivery of the Goods and/or other services, relating to provision and performance of Customers’ orders. The Seller shall not disclose the Customer’s personal data to any third parties, with the exception of above mentioned partners, or when the Seller is instructed to do so in the cases, provided in the applicable legal acts of the Republic of Lithuania.

11.7. In order to ensure that the Customer is provided fully fledged Online Store services, the Seller shall use cookies in the Customer’s device (computer). The cookies shall be used in order to recognize persons, who have previously visited the Online Store, set the website’s language, identify the Customer’s session and the session key and to identify and correct the Online Store’s errors.

11.8. The Customer has the right to, at any time, view his/her personal data, handled by the Seller, correct the data, address the Seller on the issues relating to the handled personal data and/or provide the request to terminate the personal data handling activities, by logging into his/her Account and, if necessary, changing the respective settings or data in the “My Data” section. The Seller shall provide the information on the completed actions by e-mail message, sent to the Customer to the e-mail address, stated by the Customer in his/her Account, not later than within 30 (thirty) calendar days as of the date when the Customer fills the questionnaire and sends it to the Seller.

11.9. The Customer has the right to, at any time, refuse to receive the messages, sent to him/her for direct marketing purposes, by notifying the Seller by e-mail.

11.10. After the Customer provides the request to terminate the handling of his/her personal data for the Online Store administration purposes, the Customer’s Account shall be deleted and the Customer shall no longer have the possibility to place orders or buy products at the Online Store. The Customer shall be able to order or purchase goods only after repeatedly registering at the Online Store.

12. LIABILITY

12.1. The Customer is fully liable for the correctness of his/her personal data. If the Customer provides false or inaccurate personal data, the Seller shall not be liable for any consequences and shall have the right to request the Customer to cover any direct loss incurred.

12.2. The Customer is liable for his/her actions, performed when using the Online Store.

12.3. The Seller shall be released from any liability in the cases, where the loss results from the situation where the Customer neglects the Seller’s recommendations and its responsibilities and does not get familiarized with these Rules, while being provided such possibility.

12.4. In case the Online Store provides links to other parties’ websites, the Seller does not guarantee that the information on such websites is correct, accurate and comprehensive. Such third parties are liable for the correctness, accuracy and comprehensiveness of the information, provided at their websites. The Seller is not obliged to verify the transferred or stored external information or identify illegitimate actions.

12.5. The Seller shall not be liable for any criminal or otherwise illegal actions by third parties, which may result in damage to the Customer, a person, authorized by the Customer or any other persons.

12.6. In case of any damage, resulting from failure to perform or improper performance of the obligations under the purchase and sales order, the guilty party shall cover the other party for the direct loss incurred.

12.7. The Customer may not make public or otherwise use the textual, graphic or any other information, found at the Online Store, without a prior written approval by the Seller. The Customer shall be liable for such violations in the procedure, prescribed by the applicable legal acts of the Republic of Lithuania.

13. EXCHANGE OF INFORMATION

13.1. The Seller shall send all its notices to the e-mail address, stated by the Customer in his/her Account.

13.2. The Customer shall send all his/her notices and inquiries by visiting the Online Store’s “Contacts” section.

13.3. All communication between the Seller and the Customer is conducted in the official state language of the Republic of Lithuania.

13.4. The Seller shall not be liable for any disruptions in the networks of Internet communication or electronic mail service providers, as the result of which the Customer does not receive the Seller’s e-mail messages. The parties agree that the existence of a copy of the e-mail message, addressed to the Customer, at the Seller’s server, shall be held sufficient evidence of forwarding of the respective information to the Customer.

14. FINAL PROVISIONS

14.1. These Rules have been prepared in observance of the applicable legal acts of the Republic of Lithuania. The parties’ relations under these Rules shall be governed by the legislation of the Republic of Lithuania.

14.2. Any disputes, relating to implementation of these Rules, shall be settled by negotiations. In case the parties fail to reach an agreement within 20 (twenty) calendar days, the dispute shall finally be settled in court according to the procedure prescribed by the applicable legal acts of the Republic of Lithuania.

14.3. In case the Customer wishes to express his/her opinion, provide a complaint or feedback, the Customer may send the above to the Seller’s e-mail at [email protected] or call 8 382 33014, business days from 8.30 am to 5.30 pm. The Seller shall provide its reply within 10 business days.

Rules (Version dated 17 May 2017)

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