Terms & Conditions
Rules regarding purchase and sale
1. Introduction to the Rules
1.1. This document is a purchase and sale agreement regarding the use of the e-commerce website www.beata-amber.com (hereinafter – the Shop); it is made between UAB “Beata Amber Group” (hereinafter – the Seller) and you (hereinafter – the Purchaser). By registering himself at the shop, the Purchaser unconditionally and irrevocably undertakes to comply with all requirements provided in the Rules. If the Purchaser does not agree to accept and comply with all obligations provided in the Rules unconditionally and irrevocably, the Purchaser shall not be entitled to use any Services and be registered in the system.
1.2. The Seller shall have the right to unilaterally change the Rules at any time by publishing a written notice about the changes in the Shop and sending notices to each user by e-mail. Changes of the Rules shall become effective after the date of their publication. If the Purchaser continues using the Services after the publication of the changed rules, it shall be considered that he agrees with all changes of the Rules. In case the Purchaser does not agree with the changed Rules, he shall lose the right to use the Services and shall remove his registration in the Shop immediately, but not later than within 1 (one) business day.
2. Login and Registration Data.
2.1. The Purchaser unconditionally accepts and confirms that he, rather than the Seller, shall be liable for confidentiality of any information and data necessary for the Purchaser in order to connect to the Shop or otherwise use the Services (hereinafter – the login and registration data).
2.2. Login Data is the Purchaser's e-mail address and password, which must be specified by the Purchaser in order to create personal environment at the Shop and get information from the Shop by e-mail. Registration Data is the Purchaser's name, surname, address and telephone number, which are required on purpose to order an item.
2.3. In case of data changes, the Purchaser undertakes to immediately change and (or) supplement Registration Data which have been submitted to the Seller when registering at the Shop. The Parties agree that the Administrator will carry out all his duties and exercise his rights in accordance with the presumption that the Registration Data submitted by the Purchaser is correct and complete. In no way the Seller will be liable for damages caused to the Purchaser and (or) third parties due to the fact that the Purchaser has indicated false and (or) incomplete Registration Data or has not changed or supplemented the Registration Data after they have changed. If the Purchaser performs this contractual obligation improperly and therefore causes damages to the Seller, the Purchaser shall compensate for damages to the Seller within the time period specified by the Seller.
2.4. The Purchaser undertakes to ensure confidentiality of the Login and Registration Data and not to disclose them to third parties, as well as to ensure that no third party would use the Login and Registration Data in order to obtain the Services and (or) to order or purchase goods from the Seller. The Purchaser shall be liable for any actions of third parties, if they were done using the Purchaser's Login and Registration Data; the Purchaser shall assume all duties and responsibilities, including incurred/made losses to the Seller, arising from or related to the actions of third parties by using the Purchaser's Login and Registration Data, to the maximum extent.
2.5. The Parties agree that, at any time, the Seller shall have the right to unilaterally, at discretion and without notice to the Purchaser delete all or part of the Purchaser's Login and Registration Data, as well as to change other information, provided by the Purchaser to the Seller in any way by using the Shop, to limit possibilities or prohibit the Purchaser to use all or part of the Services and (or) access the Shop.
2.6. By registering at the Shop and submitting to the Seller his own data and (or) information, the Purchaser unconditionally and irrevocably agrees that the Seller should manage and maintain any personal data submitted by the Purchaser and should use them in order to perform this agreement, as well as for the purpose of direct marketing, statistics and in order to evaluate the Purchaser's solvency and debt management.
2.7. The Seller reserves the right to terminate the provision of the Services, change the Shop or parts thereof, all and any of its contents at any time and without notice to the Purchaser. The Purchaser understands and agrees that the Seller will never be held responsible for any negative consequences, caused by such actions, to the Purchaser.
2.8. The Seller shall have the right to limit or suspend the Purchaser's ability to use the Services provided by the Shop, as well as to terminate the operation of the Shop at any time and without prior notice.
3. General provisions.
3.1. The Purchaser is forbidden to use the Shop or the Services in the manner that may endanger proper operation, safety and integrity of the Shop and (or) the Services or limit other persons' access to the Shop and (or) the Services.
3.2. While using the Shop or the Services, the Purchaser must respect the established norms of conduct and morality, the requirements of legal acts and the rights and legitimate interests of third parties, including laws regulating the protection of intellectual property and personal data, regulations of advertising, and other rules and requirements.
4. Entering into the Purchase and Sale Agreement
4.1. The Purchaser orders goods by placing an order to the Seller using an electronic ordering system of the Shop. The order is deemed submitted from the moment when the Purchaser clicks on the button "Confirm Order".
4.2. For the purpose of the agreement, the Parties agree that the list of good provided in the Shop shall be considered a catalogue of goods. Public presentation of goods in the Shop shall not be considered a public offer and shall not oblige the Seller to sell goods.
4.3. After the confirmation of an order, the Purchaser undertakes to accept the ordered goods and to pay for them an agreed amount.
5. Goods and their prices.
5.1. In this agreement, goods shall mean all goods which are sold by the Seller during the confirmation of an order and which are published in the Shop.
5.2. The Seller reserves the right to change any information about the goods in the Shop and other conditions, including, but not limited to the rights of changing the list of goods in the Shop, descriptions of goods, prices of goods, delivery prices and other essential conditions, at any time without notice to the Purchaser.
5.3. The Parties agree that information about goods provided in the Shop is only intended for initial familiarization with goods and will not be considered the only comprehensive and (or) correct information under which a decision to purchase goods and (or) pay the price for them is made.
5.4. The price of each good shall include VAT tax; however, the fee for the delivery of goods is not included in the price.
6.1. By ordering goods and having intention to purchase them, the Purchaser shall have the right to select one of the ways to pay for goods and their delivery.
6.2. If the Purchaser chooses a prepayment (bank transfer), the Seller shall start executing the order of goods only after the Purchaser pays for the goods and their delivery and after the money is received to the Seller's bank account. The Purchaser, who chooses this method of payment, must pay for the goods to the Seller and cover their delivery costs not later than within 48 (forty eight) hours from the moment of entering into the purchase and sale agreement. If the Purchaser fails to pay within this time period, the purchase and sale agreement shall be terminated and the Seller shall not be obliged to transfer the goods to the Purchaser.
6.4. In case the Purchaser does not collect the goods, the Purchaser shall compensate all related, incurred losses to the Seller.
7. Delivery of goods.
7.1. The Seller delivers goods to the Purchaser in foreign countries via AB “Lietuvos paštas” according to the applicable rates and terms.
7.2. In Lithuania, goods are delivered via a shipping company, which cooperates with the Seller, within 1–4 working days after the receipt of payment to the Seller's bank account, if the Purchaser has chosen a prepayment and the goods selected by the Purchaser currently are at the Seller's warehouse. In Lithuania, goods are delivered from 9 a.m. to 4 p.m. on weekdays to the address indicated by the Purchaser while filling in the order.
7.3. The Seller shall not be liable for delays in delivery due to the fault of third parties that perform delivery.
7.4. The Purchaser agrees that after the delivery of goods to the address indicated in the Purchaser's order and after the recipient and/or the Purchaser signs on the receipt of goods or on the VAT invoice, goods shall be considered properly delivered to the Purchaser and the Purchaser shall have no claims thereupon.
7.5. During the delivery of goods, the Purchaser or a person referred to in the Purchaser's order or a person present at the address specified in the order must check the shipment's condition. If the Purchaser, a person referred to in the Purchaser's order or a person present at the address specified in the order and receiving the goods notices external damage to the shipment, the person must note it in the delivery note and draw up a free-form act of the shipment's damage. If the Purchaser, a person referred to in the Purchaser's order or a person present at the address specified in the order signs on the delivery note without any notes, it is deemed that the shipment has been delivered undamaged.
7.6. If the Purchaser refuses to accept the ordered goods or the delivery of goods to the Purchaser is impossible due to the Purchaser's false address or the delivery address indicated in the Purchaser's order, the Purchaser shall cover losses to the Seller related to the fulfilment of the purchase and sale agreement.
7.7. The Seller shall not be liable for non-delivery or late delivery of goods ordered by the Purchaser, if it was due to the fault of third parties or due to circumstances beyond the Seller's control, reasonable foresight at the moment of entering into the purchase and sale agreement, and inability to prevent such circumstances or their consequences.
7.8. If the Purchaser fails to keep any of his obligations under these Rules, the Seller is entitled to refuse to deliver goods ordered by the Purchaser and to unilaterally terminate the purchase and sale agreement, as well as to claim damages as a result of improper fulfilment of the Purchaser's contractual obligations.
8.1. The Seller shall give warrant to the quality of goods; therefore, in case a delivered good is defective, it is necessary to immediately, but not later than within 5 (five) working days, apply to the Seller; the defective good will be replaced by a qualitatively one – on the Purchaser's expense the defective Good will be returned back via a shipping company and a qualitative one will be sent for free.
8.2. Returning of goods. If you have purchased a defective good in our on-line shop, you can return it back on the bases of the approved Rules of Return and Exchange in accordance with Order no. 217 “Regarding the Approval of the Rules of Return and Exchange” of 29 June 2001 of the Lithuanian Minister of Economy.
If you have purchased a defective good in our on-line shop and want to return it, we want to draw your attention to the following two paragraphs of the Order:
Paragraph No. 14. If the purchaser does not like the shape, size, colour, model or completeness of the purchased good, the purchaser shall have the right to change the good into an analogous one within fourteen days from the date of sale of non-food goods, if the Seller has not established a longer term.
Paragraph No. 18. The Purchaser's requirement to replace a purchased good with analogous one or return the money paid due to the reasons established in paragraph 14 of the Rules shall not be met in case of acquisition of the following goods:
perfumery, cosmetics and toilet preparations (Combined Nomenclature codes are the following: 33.03 – 33.07), photographic and cinematographic goods (Combined Nomenclature code is the following: 37.00), printed books, reproductions and other works of polygraphic industry (Combined Nomenclature code is the following: 49.00), fabrics (Combined Nomenclature codes are the following: 50.07, 51.11–51.13, 52.08–52.12, 53.09, 55.12–55.16), floor coverings, except carpets and rugs (Combined Nomenclature code is the following: 57.00), knitted underwear for men, boys, women or girls (Combined Nomenclature codes are the following: 61.07–61.09), baby clothes (Combined Nomenclature code is the following: 61.11), tights, stockings, socks and other similar articles (Combined Nomenclature code is the following: 61.15), tailored undershirts, nightdresses, pyjamas and similar articles for men, boys, women or girls (Combined Nomenclature codes are the following: 62.07–62.08), baby clothes (Combined Nomenclature code is the following: 62.09), bras, waists, corsets and similar articles (Combined Nomenclature code is the following: 62.12), pearls, precious stones, precious metals and articles thereof, except for imitation jewellery (Combined Nomenclature code is the following: 71.00, except for 71.17), machinery and mechanical equipment (Combined Nomenclature code is the following: 84.00), electrical machinery and equipment, sound recorders and reproducers, television video and sound recording and reproducing apparatuses (Combined Nomenclature code is the following: 85.00), ground vehicles (Combined Nomenclature code is the following: 87.00), ships, boats and floating devices (Combined Nomenclature code is the following: 89.00), optical, photographic, cinematographic, measuring, control, medical or surgical instruments and apparatuses (Combined Nomenclature code is the following: 90.00), clocks (Combined Nomenclature code is the following: 91.00), musical instruments (Combined Nomencwing: 94.00), toys, games, except for sports and fishing tackles (Combined Nomenclature code is the following: 95.00, except for 95.06–95.07).
Please make sure that the shape, size, colour, model or completeness of goods suits you.
8.3 The Purchaser must inform the Seller of the return via e-mail [email protected], by indicating a good he desires to return, its order number and the reason for the return, in case of defects, it is requested to send pictures to prove it.
8.4 The Purchaser shall pay the costs of delivery and return, except in cases when the returned good is defective; then, the delivery and return costs shall be covered by the Seller. The Purchaser shall pay the costs of delivery and return of a good, and the Seller, convinced that the good is returned due to improper quality, shall return the incurred delivery and return costs and the amount paid for the good to the Purchaser.
8.5 The following conditions shall be met when returning goods: in case the Seller is liable for defects of goods and it is impossible to correct the defects, the money paid for returned goods and delivery and return costs shall be refunded by a bank transfer to the Purchaser's bank account not later than within 14 days from the day of returning the goods to the Seller. The Purchaser must provide a document proving return costs. Return costs shall not exceed EUR 5.79.
8.6 The Seller shall not be liable for shipments, which were sent to an incorrectly specified address or were lost.
8.7 The Seller shall have the right to refuse to accept the goods returned by the Purchaser, if return conditions of goods were not complied.
9. Intellectual property.
9.1. All rights to the Shop and the works contained therein are protected. Any content or information contained in the Shop shall not be reproduced, made publicly available or distributed without prior written consent of the Seller.
9.2. The trade mark and representation in the Shop is the property of the Seller or it is used by the Seller legitimately.
10. Seller's disclaimer.
10.1. The Purchaser agrees that the Seller shall not and will not be liable for malfunctions of the Shop and (or) the Services, and therefore for the losses incurred by the Purchaser or third parties.
10.2. The Purchaser understands and agrees with the fact that the Shop and the Services are provided without any verifications or warranties from the Seller's side, stating that the Shop will operate and the Services will be provided properly and timely, without troubles, in high-quality and full extent or that it will not cause any adverse effects to the Purchaser or third parties. The Seller shall not be and will not be liable for discrepancies, inaccuracy of information or wrong information in the Shop, as well as negative consequences therefrom to the Purchaser or third parties.
10.3. The Purchaser understands and agrees that the Seller will never and for no reason be liable for all and any of his actions or inaction related to the Purchaser's use of the Services and compliance to these Rules. The Purchaser shall assume full responsibility for compensation of any damage or loss, which may occur to the Purchaser or third parties in any way when the Purchaser uses the Shop or the Services.
10.4. The Purchaser shall undertake to ensure that any legal responsibility, obligation to pay, cover or otherwise compensate for any losses, damages or other expenses due to the Purchaser's use of the Shop or the Services would rise to the Seller.
10.5. The Seller's liability to the Purchaser or third parties due to these Rules is limited to the amount of money paid by the Purchaser for the last good purchased from the Seller.
11. Applicable law
11.1. This Agreement is subject to the law of the Republic of Lithuania.
12. Sending of information.
12.1. The Seller sends all notices, requirements, requests and other information to the Purchaser at the e-mail address provided in his Login Data.
12.2. The Seller shall not be responsible for any and all failures of Internet communications and networks of e-mail service providers because of which the Purchaser does not receive informational or confirmative e-mails from the Seller. The Parties agree that the presence of a copy of an e-mail to the Purchaser in the Seller's server is an appropriate proof of the dispatch of any information to the Purchaser.
12.3. The Purchaser shall send all notices, requirements, requests and questions to contact addresses provided in section "Contacts" of the Shop.