1. BASIC CONCEPTS

  1. DIVARI – an online store www.divari.lt
  2. The seller  – UAB “Divari”, registration address: Įmoniu st. 5D-3, LT-35101, Panevėžys, Lithuania, Europe. Legal entity code 306078763, VAT payer code LT100015482913.
  3. You / Buyer – a customer who purchases or orders goods in the Electronic Store and is their final user or uses other services provided in the Electronic Store.
  4. Personal data –  any information that can be used to identify an individual, as well as any information about an individual that has already been identified. How the Buyer’s personal data is handled is described in the Privacy Policy.
  5. Rules – the rules of use of this DIVARI online store www.divari.lt.
  6. Privacy notice – which defines the purposes, sources, legal bases of your collected and processed personal data, determines the rights of data subjects and the procedure for their implementation, as well as provides other information related to the protection of your personal data required by applicable legislation.
  7. Goods – products sold online by DIVARI.
  8. DIVARI Account – a personal account created by the Buyer himself in the online store www.divari.lt which is protected with the Buyer’s e-mail and password.

2. GENERAL PROVISIONS

  1. DIVARI is an e-commerce store focused on Buyers who purchase Goods or services to meet personal, family, household needs that are not related to business or profession. In the electronic store, legal entities can order goods with the purpose of final consumption.
  2. These Rules establish the general conditions for using the DIVARI online electronic store. Relations that are not regulated by these Rules or are only partially regulated by them are regulated in accordance with the procedure established by the legal acts of the Republic of Lithuania, Europe.
  3. By registering or placing an order in the DIVARI online store without registration, the buyer unconditionally confirms that he is properly familiar with the Rules and the Privacy Notice and undertakes to comply with them. The buyer is not given the opportunity to place an order for goods or services in the Electronic Store if he is not familiar with the Rules and Notice or does not agree with them. In cases where the Buyer partially or completely disagrees with all or part of the Rules and/or Notice, he must not press the “register” button, otherwise it is considered that the Buyer evaluates and assumes the obligations and responsibilities arising from this action and agrees with the Rules and Notice in full.
  4. The Seller does not assume any risk or responsibility and is unconditionally released from it, if the Buyer has not partially or completely familiarized himself with the Rules and the Notice, although he was given such an opportunity.
  5. The seller confirms that he is responsible for the sale of the goods ordered in the Electronic Store and the proper delivery of the purchased goods, the quality of the goods, the proper fulfillment of the return conditions and the implementation of other rights and obligations of the seller provided for in legal acts.
  6. The seller reserves the right to change, amend or supplement the Rules. When the Buyer makes a purchase in the Electronic Store, the Rules valid at the time of placing the order apply, therefore the Buyer is recommended to familiarize himself with the Rules and Notice every time he makes a purchase.
  7. The Seller has the right to limit the Buyer’s use of the Electronic Store or cancel the Buyer’s registration without warning, if the Buyer uses the Electronic Store in violation of these Rules, tries to harm the stability and security of the Electronic Store, or otherwise violates the laws of the Republic of Lithuania.
  8. Taking into account Rule 2.1. point and in order to primarily meet the needs of retail users, the Seller reserves the right to limit orders with signs of wholesale purchase. I.e. The Seller has the right to refuse to accept and/or fulfill the Buyer’s order(s) when the Buyer orders unusually large quantities of goods from a retail point of view (regardless of whether the goods are ordered in one order or in several orders placed in a relatively short period of time) and (or ) when the Buyer’s order(s) have other characteristics of a bulk purchase.
  9. The Seller may temporarily or completely terminate the operation of the Electronic Store without prior notice to the Buyer. In such event, all rights and obligations provided for in these Rules or applicable legislation relating to orders already fulfilled or in progress shall remain valid.

3. REGISTRATION IN THE ELECTRONIC STORE

In order to use the Electronic Store (become a Buyer), a visitor to the Electronic Store can use one of the following methods:

  1. Create a user account and register by entering the required data in the registration field. Providing the specified data is a mandatory condition for successful registration. After successful registration, an individual e-purchase account of the Buyer is created, to which the Buyer can only log in after entering the e-mail address used during registration and a invented password.
  2. In the event that the buyer registers in the Electronic Store, he undertakes to keep the login data (password) of the Buyer’s electronic purchase account and not disclose it to third parties. The Buyer is responsible for saving the login data provided to him, as well as for any actions (transfer of data, placed orders for goods, etc.) that are performed in the Online Store after logging in to the Buyer’s electronic purchase account, and the resulting consequences. If the services provided by the Electronic Store are used by a third person who has connected to the Electronic Store using the Buyer’s login data, the Seller considers this person to be the Buyer. If the Buyer loses his login data, he must immediately inform the Seller about this by sending a letter to the e-mail address info@divari.lt.
  3. The Buyer is responsible for ensuring that the Buyer’s data provided in the Online Store are accurate, correct and complete. If the data provided by the Buyer in the Electronic Store changes, he must update them. In no case shall the Seller be liable for damages suffered by the Buyer and/or third parties due to the Buyer specifying incorrect and/or incomplete personal data or failing to change the data. If the Buyer provides Personal Data of third parties while using the Electronic Store, the Buyer is responsible for the legality of the submission and use of such data.
  4. The buyer has the right at any time to freely change, add or submit a request to the Seller to cancel his registration in his account.

4. ORDERING GOODS

  1. In order to purchase goods from the Electronic Store, the Buyer must log in to his electronic purchase account. If the Buyer has not filled out the “My data” form in the Buyer’s electronic purchase account before ordering the goods, he must provide the necessary data to accept the order before finally confirming the goods order.
  2. In the electronic store, the purchase-sale contract is considered concluded from the moment when the Buyer, having created a basket of goods, specified the delivery address of the goods, selected the payment method and familiarized himself with the Rules, the conditions of order fulfillment and other additional information provided to him, clicks the “Confirm” button.
  3. The goods are considered ordered when the Buyer receives confirmation at the e-mail address specified by him that the Buyer’s order has been processed. If the buyer chooses to pay for the goods at the time of placing the order, the order starts to be executed after the money is credited to the Seller’s bank account. The Buyer is informed about the start of the order execution by e-mail.
  4. When the buyer orders goods in the sales section, we inform on the description that the goods have a shorter period of validity than ordinary goods with or without promotions.

5. PRICE AND PAYMENT FOR GOODS

  1. The prices of goods in the e-shop and in the formed order are indicated in euros. The Buyer can pay for the goods only in the official currency of the Republic of Lithuania – euros. If the official currency of the Republic of Lithuania changes, the prices of goods are converted in accordance with the procedure established by legal acts.
  2. The price of the goods valid at the time of order confirmation applies to the goods.
  3. The rates valid at the time of placing the order for goods, specified in the section “Delivery of goods” of the Electronic Store, are applicable for the services of delivery of goods by courier and/or delivery to the terminal/postal machine. The price of delivery of goods is applied to the entire ordered basket of goods and is not divided into individual goods.
  4. The buyer can pay for the goods in one of the following ways:
    1. Payment using the electronic banking system is an advance payment through the electronic banking system used by the Buyer in a bank or bank branch with which the Seller has concluded a service contract. The payment is considered completed when the bank confirms to the Seller that the payment order has been completed successfully;
    2. Payment by electronic banking, but with a bank payment card, depending on which method is available, by paying the courier at the delivery address specified by the Buyer or by picking up the goods at the post office (does not apply to all countries);
    3. Payment by Paypal electronic banking. You can pay with VISA or MASTERCARD cards or Paypal account. After entering the card data, you can be redirected to the page of the bank that issued your card to enter the security code, which is required to confirm your identity.
    4. Order goods online and pay by bank transfer through electronic banking or at any bank branch. In the order, please indicate the requisites of the DIVARI electronic store and in the payment destination – the order number, which we will send by e-mail (does not apply to all countries).
    5. No later than within the  same working day from the delivery of the goods to the Buyer, the invoice issued by the Seller is provided to the Buyer by the e-mail indicated by him. The invoice data is automatically generated based on the data provided by the Buyer and cannot be adjusted after the order has been placed (only by a request by e-mail if needed).
    6. When ordering or buying goods in the Electronic Store, the Buyer cannot pay for the goods with non-cash money provided by insurance companies and other methods that are not specified as a means of payment in these Rules.

6. DELIVERY AND COLLECTION OF GOODS

  1. The buyer can pick up the goods in one of the following ways (not applied to all countries):
    1. When picking up goods at the selected post machine (Omniva, LP Express-UniSend or Itella SmartPost);
    2. When delivering the goods to the address specified by the buyer by a courier (the courier is selected according to the contracts signed at the time with delivery service providers).
  2. Terms, conditions and prices for delivery of goods are specified in the rules for delivery of goods.
  3. The buyer, who has chosen the method of delivery of the goods via courier, undertakes to indicate the exact address of delivery of the goods and to collect the goods at the delivery time agreed with the courier. The buyer must ensure that the goods are picked up by the buyer or another person to whom the buyer has given the order number at the place of delivery of the goods provided during the order at the delivery time agreed with the courier. By disclosing the order number to another person, the Buyer assumes responsibility and has no right to make claims against the Seller for delivery of goods to the wrong entity.
  4. Goods that are delivered to the Buyer at a post machine can be picked up 24 hours a day, with the exception of indoor post machines. The goods must be collected from the terminal no later than within the storage period specified by the operator of the postal machines. When the package is delivered to the terminal chosen by the customer, he is informed by short SMS message and e-mail by letter containing the codes for picking up the package. The seller is not responsible for the goods collected by another person to whom the buyer has given the order collection codes. By disclosing the door code of the postal machine or other data related to the order to another person, the Buyer assumes responsibility and has no right to make claims against the Seller for delivery of goods to the wrong entity.
  5. When accepting the purchased goods, before signing the delivery documents (if applicable), the buyer has the opportunity to inspect the condition of the outer packaging of the shipment and, if it is damaged, the buyer has the right to inspect the contents of the order – the packaging of the goods, the quantity, quality and assortment of the goods in the presence of the Seller’s representative . If the Buyer has noticed defects in the goods or inconsistencies between the shipment and the order, the Buyer must not accept the shipment of goods and, together with the Seller’s representative, fill out a special shipment inspection report, in which he must indicate the violations found and inform the Seller about them to the e-mail address specified in these Rules. If the Buyer approves the goods delivery documents without comments, it is considered that the goods have been delivered to him in a complete set and in an undamaged package of the goods shipment.
  6. If there is at least one product in the Buyer’s shopping cart, the Seller cannot deliver the desired quantity to the Buyer within the terms set in the Goods Delivery Rules, the Seller immediately informs the Buyer at the e-mail address
  7. specified in his electronic purchase account and indicates the possible delivery date of the goods. If the buyer does not agree with the changed delivery term, he can refuse the order. In this case, within 10 working days from the cancellation of the order, the Seller returns to the Buyer the amount paid for the previous order.
  8. Delivery to a post machine is not possible if:
    1. The weight or volume of the goods does not meet the maximum set.
  9. If the delivery of the goods is impossible due to no fault of the Seller (for example, the Buyer specified the wrong address when ordering the goods, phone number, etc.) or the Buyer does not pick up the goods at the time agreed with the courier or the Buyer does not pick up the goods from the selected post office within the set deadline, the Seller may terminate the contract of purchase and sale of goods without prior notice. If the Seller terminates the purchase and sale agreement in the case provided for in this clause, the Seller returns the amount paid for the goods to the Buyer to the bank account from which the payment was made, deducting from that amount the costs incurred by the Seller for the delivery of the goods.
  10. The seller reserves the right to limit the selection of pick-up points for certain categories of goods in critical weather conditions or in other cases.

7. WAIVER OF AGREEMENT. EXCHANGE AND RETURN OF GOODS

  1. The buyer does not have the right to withdraw from the purchase and sale agreement and return the following goods to the seller:
    1. Quality food products, including food supplements;
    2. High-quality goods used by the Buyer have been damaged, their packaging has been damaged, or due to other actions taken by the Buyer, the goods have lost their marketable appearance, as well as goods that are not complete (for example, specific parts of the goods are lost, there are no instructions for use, etc.);
    3. Other goods that the Seller has the right to refuse to accept in accordance with the applicable legal acts.
  2. The goods are considered to be of poor quality if the goods have expired, the goods contain ingredients prohibited by legislation, the consistency or other essential characteristics of the goods have changed due to improper storage conditions before the goods are handed over to the Buyer, the goods are mechanically damaged, their packaging is damaged or there are other defects in the quality of the goods. . Products that have an expiration date are sold at DIVARI with a minimum expiration date of 3 months, except for those items that are on sale or under promotions.
  3. The Buyer has the right to return to the Seller the goods ordered or purchased in the Electronic Store, which are not specified in 7.1 of these rules. point, renouncing the concluded goods purchase and sale agreement with regard to all or part of the goods in the order. In order to exercise this right, the Buyer must:
    1. Not later than within 14 (fourteen) days from the day of handing over the goods to the Buyer, inform the Seller about the contract cancellation at his e-mail address info@divari.lt.
    2. Not later than within 14 (fourteen) days from the date of informing the Seller about the contract cancellation, as provided for in Rules 7.3.1. point 7.7 of these Rules to transfer the goods to the Seller. in the manner provided in these rules.
  4. Quality goods to be returned or exchanged must be undamaged and in their original appearance (labels not removed or damaged, protective films not torn off, etc.) and cannot be used. The product must be returned in its original packaging, in the same configuration as the instructions for use or other product accessories received by the Buyer. If the product is not complete, is damaged, untidy or not properly packed, the Seller has the right not to accept the product, not to exchange it and not to return the money paid by the Buyer for the product.
  5. 7.3 of these Rules. only the Buyer who is considered a consumer according to the legislation, i.e. i.e. a natural person who declares his will to buy, buys and uses a product to meet personal, family, household needs, not related to business or profession.
  6. Goods of inappropriate quality are exchanged or returned in accordance with these Rules and the legal acts of the Republic of Lithuania in force at the time of purchase of the goods. Buyers are provided with a warranty in accordance with the law, according to which the Seller is responsible for item defects that become apparent within two years of the item being handed over.
  7. Goods can be transferred (returned) to the Seller:
    1. If the goods were delivered to the Buyer by a courier, the goods are returned to the address specified by the Seller;
    2. If the Buyer wishes to return the goods by mail or via courier, the return conditions are agreed individually, when the Buyer contacts the Seller at the e-mail address info@divari.lt.
    3. It is not possible to return goods through a postal machine.
  8. In cases of return of goods specified in the rules, the money paid for the goods is returned to the Buyer:
    1. If the Buyer paid for the goods through the electronic banking system used by the Buyer or with a payment card (VISA or MASTERCARD), the Seller returns the amount paid for the goods to the buyer within 10 (ten) working days from the day the goods are returned, by transferring the money to the bank account of the payer for the goods. If the purchased goods were paid for by card when picking up the goods, paying them to the courier at the time of delivery of the goods to the Buyer, the Seller returns the amount paid for the goods to the buyer within 10 (ten) working days from the day of the return of the goods, by transferring the money to the bank account of the payer for the goods, after submitting the bank account from the client’s side, if necessary.
  9. If the returned goods were delivered by courier, i.e. i.e. The Buyer has chosen the method of delivery of the goods, which is subject to an additional service fee, the Seller has the right to deduct the costs incurred by the Seller for the delivery of the goods from the amount paid for the goods returned to the Buyer.
  10. When the buyer orders goods, the balance of which is temporarily out of stock, it is possible to send the shipment without one or more goods, or to receive the replenishment of goods up to a week’s time and send the full ordered shipment. The Seller will inform the Buyer about the lack of goods if it takes more than a week to wait for the goods to be replenished.

8. PROCESSING OF PERSONAL DATA

  1. When processing your personal data, we are guided by the Privacy Policy, which is published on the website www.divari.lt.

9. PRESCRIPTION PRODUCTS (UK, DE and other countries)

  1. Products containing melatonin will not be shipped to the UK or Germany. Under German and UK law, these products are regulated as a prescription medicine. Therefore, when payment is made from these countries by bank card, the products will not be sent and the orders will be returned back to the customers’ accounts.
  2. The Buyer is responsible to be cautios while ordering products that are not allowed to be delivered into their destination countries and accept the risks involded in by the different countries of the European Union applicable laws.

10. FINAL PROVISIONS

  1. These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania. Relations arising on the basis of these rules shall be governed by the law of the Republic of Lithuania.
  2. Every dispute, disagreement or claim arising from these Rules or related to them and the violation or validity of the Rules shall be resolved by negotiation, if no agreement can be reached, it shall be finally resolved in the court of the Republic of Lithuania in accordance with the laws in force in the Republic of Lithuania.
  3. In the event of damage, the guilty party compensates the other party for direct losses in accordance with the procedure and grounds established by the legal acts of the Republic of Lithuania.
  4. If the buyer wishes to express his opinion, submit a complaint or feedback, he can contact the Seller at the e-mail address info@divari.lt on working days from 9 a.m. to 5 p.m. The response to the Buyer’s request is provided within 10 working days.
  5. If you have any problems with a product or service purchased in our online store, contact us by e-mail info@divari.lt. You also have the opportunity to submit a request/complaint to the State Office for the Protection of Consumer Rights (Vilniaus st. 25, 01402 Vilnius, e-mail p. tarnyba@vvtat.lt, phone +37052626751, on the website www.vvtat.lt, for its territorial divisions in counties) or fill out the application form on the EGS platform ec.europa.eu/odr/.