1. BASIC CONCEPTS
1. DIVARI is an online shop located at www.divari.lt.
2. Seller - UAB "Divari", registered office address: Įmonių g. 5D-3, LT-35101, Panevėžys, legal entity code 306078763.
3. You / Buyer - a customer who purchases or orders goods in the Online Shop and is the end user thereof or uses other services provided in the Online Shop.
5. Terms and Conditions means these Terms and Conditions for the use of DIVARI's online e-shop www.divari.lt.
6. Privacy Notice - the Privacy Notice, which defines the purposes, sources and legal bases of the personal data collected and processed by you, establishes the rights of data subjects and the procedure for their exercise, as well as other information required by applicable law to be provided in relation to the protection of your personal data.
7. Goods - the goods sold by DIVARI online.
8. DIVARI Online Account / Account - a personal account created on the e-shop www.divari.lt and protected by the Buyer's name and password.
2. GENERAL PROVISIONS
1. The Online Shop is a retail shop aimed at Customers who purchase Goods or services for their personal, family, household needs, not related to business or profession. Legal entities may order goods in the e-shop for the purpose of final consumption.
2. These Terms and Conditions set out the general terms and conditions for the use of the DIVARI Online e-shop. Relationships which are not regulated by these Terms and Conditions or which are regulated only partially shall be regulated in accordance with the procedure established by the legislation of the Republic of Lithuania.
3. By registering or placing an order in the Online Shop without registration, the Customer unconditionally confirms that he/she is duly acquainted with the Terms and Conditions and the Privacy Notice and undertakes to comply with them. The Buyer shall not be able to place an order for goods or services in the Online Shop if he/she has not read or does not agree to the Terms and Conditions and the Privacy Notice. In cases where the Buyer does not accept all or part of the Terms and Conditions and/or the Notice, the Buyer must not click on the "register" button, otherwise the Buyer shall be deemed to have appreciated and accepted the obligations and liabilities arising from this action and to accept the Terms and Conditions and the Notice in full.
4. The Seller assumes no risk or liability and is unconditionally relieved of any such liability if the Buyer has not read the Terms and Conditions and the Notice in part or in full, although he has been given the opportunity to do so.
5. The Seller confirms that it is responsible for the sale of the goods ordered in the Online Shop and for the proper delivery of the purchased goods, the quality of the goods, the proper fulfilment of the return conditions and the exercise of the Seller's other rights and obligations under the law.
6. The Seller reserves the right to change, amend or supplement the Terms and Conditions. When the Buyer shops in the Online Shop, the Terms and Conditions in force at the time of placing the order shall apply, and the Buyer is therefore advised to read the Terms and Conditions and the Notice each time he/she shops.
7. The Seller has the right to restrict the Buyer's use of the Online Shop or cancel the Buyer's registration without notice if the Buyer uses the Online Shop in violation of these Terms and Conditions, attempts to undermine the stability and security of the Online Shop, or otherwise violates the legislation of the Republic of Lithuania.
8. In accordance with Clause 2.1. of the Terms and Conditions and in order to primarily meet the needs of retail consumers, the Seller reserves the right to limit orders with the characteristics of a bulk purchase. That is to say, the Seller shall have the right to refuse to accept and/or fulfil the Buyer's order(s) where the Buyer orders unusually large quantities of Goods from a retail point of view (whether the Goods are ordered in a single order or in several orders placed over a relatively short period of time) and/or where the Buyer's order(s) has other characteristics of a wholesale order.
9. The Seller may temporarily or permanently discontinue the operation of the Online Shop without prior notice to the Buyer. In such a case, all rights and obligations provided for in these Terms and Conditions or in the applicable legislation in relation to orders already fulfilled or in progress shall remain in force.
3. REGISTRATION IN THE ONLINE SHOP
In order to use the Online Shop (to become a Buyer), a visitor to the Online Shop may use one of the following methods:
1. Purchase without registration;
2. Create a user account and register by entering the data marked as mandatory in the registration field. The submission of the indicated data is a mandatory condition for the success of the registration. Upon successful registration, an individual Buyer's e-procurement account will be created, to which the Buyer can only log in after entering the e-mail address used during registration and the password he/she has created.
3. In the event that the Buyer registers in the Online Shop, the Buyer undertakes to keep the login details of the Buyer's electronic purchase account (password) secure and not to disclose them to any third party. The Buyer shall be responsible for the preservation of the login data provided to him/her, as well as for any actions (transfer of data, orders placed for goods, etc.) carried out in the Online Shop after logging in to the Buyer's e-Purchase account, and for the consequences arising therefrom. If the services provided by the Online Shop are used by a third party who has logged into the Online Shop using the Buyer's login details, the Seller shall consider this person as the Buyer. If the Buyer loses his/her login data, he/she must immediately inform the Seller by calling +37064222818 or sending an e-mail to firstname.lastname@example.org.
4. The Buyer is responsible for ensuring that the Buyer's data provided in the Online Shop is accurate, correct and complete. If the data provided by the Buyer in the Online Shop changes, the Buyer must update it. In no event shall the Seller be liable for damages suffered by the Buyer and/or third parties as a result of the Buyer's provision of incorrect and/or incomplete personal data or the Buyer's failure to amend and update the data as a result of a change in the data. If the Buyer provides Personal Data of third parties when using the Online Shop, the Buyer is solely responsible for the lawfulness of the provision and use of such data.
5. The Buyer has the right to modify, amend or add to his/her account at any time or to request the Seller to cancel his/her registration.
4. ORDERING GOODS
1. In order to order goods from the Online Shop, the Buyer must log in to his/her online purchase account or select the purchase without registration function. If the Buyer has not completed the "My Details" form in the Buyer's e-Purchase Account before ordering the Goods, the Buyer must provide the data necessary for the acceptance of the order before the final confirmation of the order of Goods.
2. In the e-shop, the contract of sale shall be deemed to have been concluded from the moment when the Buyer, having formed a shopping cart, indicated the delivery address, selected the payment method and read the Terms and Conditions, the conditions of order fulfilment and other additional information provided to him, clicks on the "Confirm" button.
3. The Goods shall be deemed to have been ordered when the Buyer receives a confirmation that the Buyer's order has been placed via the e-mail address provided by the Buyer. If the Buyer chooses to pay for the Goods at the time of placing the order, the order shall be executed once the money has been credited to the Seller's bank account. The Buyer shall be informed of the commencement of the order by e-mail.
4. When the Buyer orders goods in the sales section, we inform that the goods have a shorter shelf life than normal goods with or without sales.
5. PRICE AND PAYMENT FOR GOODS
1. The prices of the Goods in the Online Shop and in the order form shall be quoted in Euros. The Buyer may only pay for the Goods in the official currency of the Republic of Lithuania - Euros. In the event of a change in the official currency of the Republic of Lithuania, the prices of the goods shall be converted in accordance with the procedure laid down by law.
2. The price of the Goods shall be the price in force at the time of order confirmation.
3. For delivery of goods by courier and/or delivery to a terminal/post office, the rates applicable at the time of placing the order shall apply, as specified in the "Delivery of Goods" section of the Online Shop. The delivery price applies to the entire basket of goods ordered and is not subdivided for individual items.
4. The Buyer may pay for the goods in one of the following ways:
4.1. Payment by e-banking system - prepayment through the e-banking system used by the Buyer at the bank or bank branch with which the Seller has concluded a service agreement. The payment shall be deemed to have been made when the bank confirms to the Seller that the payment order has been successfully executed;
4.2. Payment in cash or by bank payment card, whichever is available, by payment to the courier at the time of delivery of the goods to the address specified by the Buyer;
4.3. Prepayment by credit/debit card. You can pay by VISA or MASTERCARD. Card payments are only accepted if the issuing bank participates in secure online payment programmes (MasterCard, SecureCode or Verified by Visa). Once you have entered your card details, you may be redirected to the website of your card-issuing bank to enter the security code needed to verify your identity.
4.4 Order online and pay by bank transfer via e-banking or at any bank branch. Please indicate the details of the divari.lt online shop in the order and the order number, which we will send to you by email, in the payment method.
5. No later than 2 (two) working days after the transfer of the goods to the Buyer, an invoice issued by the Seller shall be submitted to the Buyer by e-mail. The invoice data shall be automatically generated according to the data provided by the Buyer and shall not be subject to adjustment after the order has been placed.
6. When ordering or purchasing goods in the Online Shop, the Buyer may not pay for the goods by non-cash means provided by insurance companies or by any other means not listed as a means of payment in these Terms and Conditions.
6. DELIVERY AND COLLECTION OF GOODS
1. The Buyer may collect the Goods in one of the following ways:
2. The terms, conditions and rates of delivery are set out in Delivery of the Goods rules.
3. If the Buyer chooses to have the Goods delivered by courier, the Buyer undertakes to specify the exact delivery address of the Goods and to collect the Goods at the delivery time agreed with the courier. The Buyer must ensure that the Buyer or another person to whom the Buyer has given the order number collects the goods at the delivery point provided at the time of ordering at the time agreed with the courier. The Buyer shall be liable and shall not be entitled to claim against the Seller for delivery of the goods to the wrong person by disclosing the order number to another person.
4. Goods delivered to the Buyer's post office may be collected 24 hours a day. Goods must be collected from the terminal no later than the storage period specified by the post office operator. When the parcel is delivered to the terminal of the Customer's choice, the Customer shall be informed by SMS and email containing the codes for picking up the parcel. The Seller shall not be liable for goods collected by another person to whom the Customer has given the collection codes. The Buyer's disclosure of the post office door code or any other data relating to the order to any other person shall be at the Buyer's own risk and shall not entitle the Seller to claim for delivery of the Goods to the wrong person.
5. The Buyer shall have the opportunity to inspect the condition of the outer packaging of the goods upon acceptance of the goods purchased and before signing the delivery documents (if applicable) and, if damaged, the Buyer shall have the right to inspect the contents of the order - the packaging of the goods, the quantity, the quality, and the assortment of the goods - in front of a representative of the Seller. If the Buyer has noticed any defects in the goods or discrepancies between the consignment and the order, the Buyer shall not accept the consignment and shall, together with the Seller's representative, complete a special consignment inspection report, in which the Buyer shall indicate the irregularities found and inform the Seller thereof at the telephone number or e-mail address specified in these Conditions. If the Buyer confirms the delivery documents without any comments, the goods shall be deemed to have been delivered to the Buyer in a complete and undamaged consignment package.
6. If the Buyer's shopping cart contains at least one item for which the Seller is unable to deliver the requested quantity to the Buyer within the time limits set out in the Terms of Delivery, the Seller shall immediately inform the Buyer of this fact using the e-mail address or telephone number specified in the Buyer's electronic purchase account and shall indicate the possible time limit for the delivery of the goods. If the Buyer does not agree with the changed delivery date, the Buyer may cancel the order. In this case, the Seller shall, within 10 working days of the cancellation of the order, refund to the Buyer the amount paid for the previous order.
7. Delivery to a post office is not possible if:
7.1. The weight or volume of the goods does not comply with the maximum specified.
8. If the delivery of the goods is not possible due to the fault of the Seller (e.g. the Buyer has given an incorrect address when ordering the goods, the Buyer or the recipient cannot be found at the given address, etc.), or the Buyer does not collect the goods at the agreed time with the courier, or the Buyer does not collect the goods from the chosen post office within the specified time limit, the Seller may terminate the contract of sale and purchase of the goods without prior notice. If the Seller terminates the contract of sale and purchase in the case provided for in this clause, the Seller shall refund to the Buyer the amount paid for the Goods to the bank account from which payment was made, deducting the Seller's delivery costs from that amount.
9. The Seller reserves the right to restrict the choice of collection points for certain categories of goods in the event of critical weather temperatures or otherwise.
7. WITHDRAWAL FROM THE CONTRACT. EXCHANGE AND RETURN OF GOODS
1. The Buyer shall not have the right to withdraw from the contract of sale and return the goods to the Seller:
1.2. 2.1.Quality goods which have been used by the Buyer, have been damaged, their packaging has been damaged or the goods have lost their merchantable appearance as a result of any other action taken by the Buyer, as well as goods which are not complete (e.g., specific parts of the goods have been lost, there are no instructions for use etc.);
1.3. Other goods which the Seller has the right to refuse to accept in accordance with applicable law.
2. The Goods shall be deemed to be defective if the expiry date of the Goods has expired, the Goods contain ingredients prohibited by law, the consistency of the Goods or other essential characteristics of the Goods have changed due to improper storage conditions prior to the handover of the Goods to the Customer, the Goods are mechanically damaged, their packaging is damaged or there are other defects in the quality of the Goods. Goods which have an expiry date are sold on DIVARI Online with an expiry date of at least 3 months.
3. The Buyer shall have the right to return to the Seller the goods ordered or purchased in the Online Shop that are not specified in Clause 7.1. of these Rules, by withdrawing from the concluded contract of sale and purchase of goods in respect of all or part of the goods contained in the order. In order to exercise this right, the Buyer must notify the following of the withdrawal:
3.1. Notify the Seller of the withdrawal from the contract to his e-mail address email@example.com no later than 14 (fourteen) days after the date of delivery of the goods to the Buyer by completing the withdrawal form provided to him;
3.2. Not later than within 14 (fourteen) days from the date of the Seller's notification of withdrawal as provided for in Clause 7.3.1 of the Terms and Conditions, to hand over the Goods to the Seller in the manner provided for in Clause 7.7 of these Terms and Conditions.
4. The returned or exchanged goods must be of good quality, must be in good condition, must not have lost their merchantable appearance (labels not removed or damaged, protective films not torn off, etc.) and must not have been used. The goods must be returned in their original packaging, in the same condition as when the Buyer received the instructions for use or other accessories. If the Goods are not complete, damaged, defective or not properly packaged, the Seller shall have the right not to accept the Goods, not to replace them and not to refund the money paid by the Buyer for the Goods.
5. The right provided for in Clause 7.3 of these Terms and Conditions may only be exercised by a Buyer who is considered a consumer under the legislation, i.e. a natural person who expresses his/her will to buy, purchases and uses the product for the satisfaction of his/her own personal, family, household needs not related to business or profession.
6. Goods of defective quality shall be replaced or returned in accordance with these Rules and the legislation of the Republic of Lithuania in force at the time of purchase. Buyers are provided with a statutory guarantee under which the Seller shall be liable for defects in the goods which become apparent within two years of the delivery of the goods.
7. Goods may be transferred (returned) to the Seller:
7.1. 1.1.If the goods have been delivered to the Buyer by a courier, the goods shall be returned to the address indicated by the Seller;
7.2. 2.7. If the Buyer wishes to return the Goods by post or by courier, the terms of return shall be agreed individually by the Buyer contacting the Seller by e-mail at firstname.lastname@example.org or by telephone at +37064222818.
7.3. Returns cannot be sent via a post office.
8. In the cases of return of goods specified in the Rules, the money paid for the goods shall be refunded to the Buyer:
8.1. 1.1.If the Buyer has paid for the Goods via the Buyer's electronic banking system or payment card (VISA or MASTERCARD), the Seller shall refund the amount paid for the Goods to the Buyer within ten (10) working days from the date of return of the Goods by transferring the money to the bank account of the person paying for the Goods. If the purchase was paid for in cash by courier at the time of delivery of the goods to the Buyer, the Seller shall reimburse the Buyer for the amount paid for the goods within 10 (ten) working days from the date of return of the goods by transferring the money to the bank account of the person paying for the goods.
9. If the returned goods have been delivered by courier, i.e. the Buyer has chosen a delivery method which is subject to an additional service charge, the Seller shall be entitled to deduct the Seller's delivery costs from the amount refunded to the Buyer.
10. If the Buyer orders Goods which are temporarily out of stock, the shipment may be dispatched without one or more of the Goods, or the replenishment of the Goods may be delayed by up to one week and the full shipment ordered shall be dispatched. The Seller will inform the Buyer of the shortage if the replenishment will take more than one week.
8. PROCESSING OF PERSONAL DATA
|9. PRESCRIPTION PRODUCTS (UK, DE)||1. Products containing melatonin will not be sent to the UK or Germany. Under German and UK law, these products are regulated as a prescription medicine. Therefore, if payment is made by bank card from these countries, the products will not be sent and the orders will be returned to the customer's account.|
10. FINAL PROVISIONS
1. These Terms and Conditions are drawn up in accordance with the legislation of the Republic of Lithuania. The law of the Republic of Lithuania shall apply to relations arising from these Rules.
2. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions and the breach or validity of these Terms and Conditions shall be settled by negotiation and, in the event of failure to reach an agreement, shall be finally settled by a court of law of the Republic of Lithuania, in accordance with the laws in force in the Republic of Lithuania.
3. In the event of damage, the party at fault shall compensate the other party for direct damages in accordance with the procedure and on the grounds set out in the legislation of the Republic of Lithuania.
4. The Buyer, wishing to express his/her opinion, complaint or feedback, may contact the Seller by e-mail at email@example.com or by phone +37064222818 on weekdays from 8 a.m. to 6 p.m. A reply to the Buyer's request shall be provided within 10 working days.
5. If you have any problems with a product or service purchased in our online shop, please contact us by e-mail firstname.lastname@example.org. You also have the possibility to submit a request/complaint to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: email@example.com, phone: 852626751, website: www.vvtat.lt, its territorial units in the counties) or fill in the request form on the EGS platform ec.europa.eu/odr/.
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