Definitions
1.1. Purchase-sale rules – these rules of the distance purchase-sale agreement for goods, which establish the rights and obligations of the Buyer and the Seller, the conditions for acquiring and paying for goods, the procedure for delivery and return of goods, the liability of the parties, and other provisions related to the purchase-sale of goods in the www.viktorijos.lt online store.
1.2. Online store – the electronic store located on the www.viktorijos.lt website, where the Buyer, whether registered or not registered in the Online store system, can purchase goods offered by the Seller.
1.3. Seller – UAB “TOVIDO”, registered and operating under the laws of the Republic of Lithuania, Company code 303007565, operating at the address M.K. Paco g. 13, Vilnius, website address www.viktorijos.lt.
1.4. Buyer – a person who meets the requirements set out in clause 2.2 of these Purchase-sale rules and has purchased goods in the Online store.
1.5. Purchase-sale agreement – the goods purchase-sale agreement concluded between the Buyer and the Seller, consisting of the goods order application submitted by the Buyer to the Seller through the Online store, and the Purchase-sale rules with subsequent amendments and additions.
General conditions
2.1. Under this Purchase-sale agreement, the Seller undertakes to sell and deliver the goods to the Buyer, and the Buyer undertakes to accept the goods and pay the specified sum of money for them, as well as to reimburse the delivery costs, under the conditions set out in the Purchase-sale rules.
2.2. The following clients, whether registered or not registered in the Online store system, have the right to purchase in the Online store:
2.2.1. legally capable natural persons, i.e. persons who have reached 18 years of age and whose legal capacity has not been restricted by a court;
2.2.2. minors from fourteen to eighteen years of age;
2.2.3. legal entities;
2.2.4. authorized representatives of all the previously mentioned persons.
2.3. Minors referred to in clause 2.2.2 of the Purchase-sale rules have the right to make purchases in the Online store only with the consent of their parents, adoptive parents, or other authorized persons, except in cases where these persons independently dispose of their own earnings or personal funds.
2.4. Trading activity in the Online store is conducted from the Republic of Lithuania.
Buyer’s rights
3.1. The Buyer has the right to purchase goods in the Online store in accordance with the procedure established by these Purchase-sale rules.
3.2. A Buyer who is a natural person has the right to withdraw from the goods Purchase-sale agreement concluded in the Online store by notifying the Seller in writing no later than within 14 (fourteen) calendar days from the day the item was delivered to the Buyer, in accordance with the procedure established by the Civil Code and these Purchase-sale rules.
3.3. The right to withdraw from the concluded Purchase-sale agreement does not apply to legal entities and their authorized representatives.
Buyer’s obligations
4.1. Having submitted an order in the Online store, the Buyer must pay for the goods and accept them in accordance with the procedure established by these Purchase-sale rules.
4.2. The Buyer undertakes not to transfer their login details to third parties. If the Buyer loses their login details, they must inform the Seller no later than within 1 day.
4.3. The Buyer must promptly update any changed data in the Buyer’s account information form.
4.4. By using the services of the Online store, the Buyer undertakes to comply with these Purchase-sale rules and not to violate the legal acts of the Republic of Lithuania.
Seller’s rights
5.1. If the Buyer attempts to harm the stability and security of the Online store’s operation or violates the obligations specified in clause 4 of the Purchase-sale rules, the Seller has the right to immediately and without warning restrict or suspend the Buyer’s ability to use the Online store, or to cancel the Buyer’s registration.
5.2. The Seller has the right to temporarily or completely suspend the operation of the Online store without notifying the Buyer in advance. In such a case, all accepted and confirmed Buyer orders are completed, and new orders are not accepted.
5.3. The Seller has the right, without prior notice to the Buyer, to cancel their order if the Buyer, having chosen one of the payment methods specified in clause 8.4.1 of the Purchase-sale rules, does not pay for the goods within 2 (two) business days, or when the Seller fails to reach the Buyer within 2 (two) business days in the case referred to in clause 8.6.
Seller’s obligations
6.1. The Seller undertakes, under the conditions established in these Purchase-sale rules, to provide the Buyer with the opportunity to use the services provided by the Online store (to register in the Online store system, form a shopping cart in the Online store, place an order, pay for the order, have the order shipped).
6.2. The Seller undertakes to deliver the Buyer’s ordered goods to the address specified by the Buyer, under the conditions set out in clause 9 of the Purchase-sale rules.
6.3. If the Seller is unable to deliver the goods ordered by the Buyer, the Seller undertakes to offer the Buyer an analogous product or one as similar in characteristics as possible. If the Buyer refuses to accept an analogous or most similar product, the Seller undertakes to refund the money the Buyer paid for the goods within 3 (three) business days, provided the Buyer had made an advance payment for the goods.
Buyer registration and conclusion of the purchase-sale agreement
7.1. The Buyer can purchase goods in the Online store either by registering in the Online store system at the website address www.viktorijos.lt, or without registering in the Online store system, in accordance with the rules set out on this website.
7.2. The agreement between the Buyer and the Seller is considered concluded from the moment the Buyer, having selected the product(s) to be purchased and formed a shopping cart, submitted buyer data (order information), chosen a payment method, confirms the order by clicking the active checkbox “I agree with the rules.”
Product prices, payment procedure, and terms
8.1. The goods sold in the Online store are indicated together with their selling price. Product prices in the Online store and in the formed order are indicated in euros including VAT. The delivery costs of goods are not included in the product price, and the delivery cost amount is shown in a separate line. The Buyer pays the delivery costs of the goods.
8.2. After the Seller has confirmed the order, the price of the Product indicated in the Online store may only be changed if it changed due to a technical error in information systems or other objective reasons beyond the Seller’s control. In such a case, if the Buyer does not agree to purchase the product at the new price, the Buyer may cancel the order by informing the Seller. If the order is cancelled under the procedure specified in this clause, all sums paid by the Buyer are refunded.
8.3. When an order is cancelled before the purchase-sale agreement is concluded, losses arising from the cancellation of the order are not compensated. When an order is cancelled after the purchase-sale agreement is concluded, the Seller may compensate the Buyer for their incurred and justified direct losses, but no more than the price of the product specified in the cancelled order.
8.4. The Buyer may make payment by the following method:
8.4.1. using online banking – where advance payment is made using the online banking system used by the Buyer. Responsibility for the security of the money transfer and data in this case lies with the respective bank, since all monetary transactions take place within the bank’s online banking system.
8.5. If the Buyer chooses the payment method specified in clause 8.4.1 of the Purchase-sale rules, the Buyer undertakes to make an advance payment for the goods. If the Buyer chooses the payment method for goods specified in clause 8.4.1 of the Purchase-sale rules, the formation of the goods shipment begins and the goods delivery term begins to be calculated from the day the payment is credited to the Seller’s account.
8.6. The Seller is not responsible for the execution of payment transfers under clause 8.4.1 of these Purchase-sale rules or for their timely crediting to the Seller’s account.
Promotions and gift vouchers applied by the Seller
9.1. The Seller has the right, at its own discretion, to organize and carry out various promotions, for example, price reductions on goods, formation of sets.
9.2. The Seller has the right to unilaterally and without prior notice change the duration and conditions of promotions or cancel them. Any change or cancellation of the conditions and procedure of promotions is valid only from the moment it is made and does not apply to orders submitted before it. Information about ongoing promotions is provided on the Online store’s website or Facebook account.
9.3. Discount codes with a specific monetary amount apply to no more than half the value of the product.
9.4. Discounts do not apply to clearance items.
9.5. During one shopping session, the Buyer may use only one discount code.
Delivery of goods
10.1. When ordering goods, the Buyer must indicate in the application:
10.1.1. the place and time of goods delivery, when the Buyer wishes the goods to be delivered by courier service;
10.1.2. the chosen postal service provider’s branch or terminal to which the product will be delivered at the Buyer’s request. When sending goods by this method, it is necessary to comply with the requirements specified by these self-service parcel terminals (for example, maximum weight or dimensions);
10.2. The Buyer undertakes to accept the goods personally. In cases where the Buyer cannot personally accept the goods, and the goods were delivered to the address specified by the Buyer based on other data provided by the Buyer, the Buyer does not have the right to make claims against the Seller regarding delivery of the goods to the wrong recipient or other delivery discrepancies.
10.3. The goods are delivered by the Seller or its authorized representative.
10.4. The Seller undertakes to deliver the goods to the Buyer within 2-3 business days. These terms do not apply in cases where the required goods are not in the Seller’s warehouse, and the Buyer is informed of the shortage of their ordered goods. The Buyer agrees that, in the event of unforeseen circumstances beyond the Seller’s control, the delivery term of the goods may differ from the terms specified in the product descriptions or the delivery term agreed upon between the Buyer and the Seller. In the event of unforeseen circumstances, the Seller undertakes to immediately contact the Buyer and agree on the delivery term of the goods and other delivery-related matters.
10.5. In all cases, the Seller is released from liability for violation of goods delivery terms if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to force majeure circumstances. 10.6. During delivery of goods, the Buyer signs on the courier’s electronic signature scanner, thereby confirming that the goods have been received and there is no external damage.
10.7. During delivery of goods, the Buyer must, together with the Seller or its authorized representative, check the condition of the shipment. Once the Buyer has signed the invoice (waybill), the signature scanner, or another document marking the transfer-acceptance of the shipment, the shipment is considered to have been handed over in proper condition. If the Buyer notices that the packaging of the delivered shipment is damaged (crumpled, wet, or otherwise externally damaged), or that the delivered product has the wrong configuration, quantity, or assortment, the Buyer must note this on the invoice (waybill) or other shipment transfer-acceptance document, and, with the participation of the Seller or its representative, draw up a free-form shipment damage report and take photographs of the damaged packaging. If the Buyer fails to draw up a free-form shipment damage report in the manner established above, the Seller is released from liability to the Buyer for damage to the goods, if such damage was caused by or arose at the time of the packaging damage.
Product quality guarantee and shelf life
11.1. The characteristics of each product sold in the Online store are indicated in the product description provided on the website www.viktorijos.lt.
11.2. The Seller is not responsible for the fact that the color, shape, or other parameters of the goods in the Online store may not correspond to the actual size, shape, and color of the goods due to the characteristics of the display device used by the Buyer.
11.3. The goods sold are covered by the legally defined product warranty.
11.4. In cases where legal acts establish a shelf life for specific goods, the Seller undertakes to sell such goods to the Buyer in a way that gives the Buyer a real opportunity to use such goods before the expiry of the shelf life.
Return and exchange of goods
12.1. Defects in sold goods are remedied, and non-quality goods are exchanged and returned in accordance with the Retail Trade Rules approved by Order No. 697 of the Government of the Republic of Lithuania of June 11, 2001 “On the Approval of the Retail Trade Rules.”
12.2. In the cases specified in clause 12.1 of the Purchase-sale rules, a Buyer wishing to return a product must fill out the Seller’s prescribed form of goods return document, which is sent to the Buyer by email upon the Buyer’s request. The goods return document is submitted together with the returned product. When returning a product, a document confirming its purchase and a warranty card (if one was issued) must be provided.
12.3. When a quality product is returned, the return costs are paid by the Buyer. When the Seller collects quality goods from the Buyer, the goods shipping costs are deducted from the amount of money to be refunded to the Buyer. If the product return costs exceed the amount of money to be refunded to the Buyer, the Buyer pays this amount within 15 days according to the invoice provided by the Seller. In the event that a non-quality product is returned or exchanged, the product return/shipping costs are paid by the Seller.
12.4. When returning goods, the Buyer must comply with the following conditions:
12.4.1. the returned product must be in its original, undamaged packaging (this clause does not apply when a non-quality product is returned);
12.4.2. the returned product must not have lost its commercial appearance (except for changes in appearance that are unavoidable in order to inspect the product) (this clause does not apply when a non-quality product is returned);
12.4.3. the returned product must be in the same configuration as it was received by the Buyer (this clause does not apply when a non-quality product is returned).
12.5. The Buyer has the right, without giving a reason and without incurring costs other than those specified in Article 6.22811 of the Civil Code, to withdraw from the concluded agreement within fourteen days, except for the exceptions specified in Article 6.22810, Part 2 of the Civil Code. When a product is of poor quality, the return of goods is carried out during the statutory warranty period.
12.6. The Buyer’s right to withdraw from the concluded agreement does not apply to the following agreements: service agreements under which the services have been fully provided to the Buyer, if, prior to the provision of services, the Buyer’s explicit consent was obtained along with acknowledgment that they would lose the right to withdraw from the agreement once the Seller fully performs the agreement; agreements for goods made to the Buyer’s specific instructions, which are not pre-manufactured and which are made taking into account the Buyer’s personal choice or instruction, or for goods that are clearly customized to the Buyer’s personal needs; agreements for perishable goods or goods with a short shelf life; agreements for sealed goods which were unsealed after delivery and which are not suitable for return for health protection or hygiene reasons; agreements for sealed video or audio recordings or sealed software which were unsealed after delivery; agreements for the delivery of newspapers, periodicals, or magazines, except for agreements for subscriptions to such publications; agreements for the supply of digital content, if the supply of digital content began with the Buyer’s prior explicit consent and acknowledgment that they would thereby lose the right to withdraw from the agreement.
12.7. The period for withdrawal from the agreement ends after fourteen days: when a purchase-sale agreement is concluded — from the day on which the Buyer or a person designated by the Buyer, other than the carrier, receives the ordered product; or: if the Buyer ordered more than one product in a single order and the products are delivered separately — from the day on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last product; if a product is delivered in different batches or parts — from the day on which the Buyer or a person designated by the Buyer, other than the carrier, receives the last batch or part.
12.8. The Buyer informs the Seller of withdrawal from a distance agreement or an agreement concluded outside business premises by: submitting a properly completed model withdrawal form, or submitting a clear statement setting out their decision to withdraw from the agreement.
12.9. The Seller may provide the Buyer with the option to withdraw from a distance agreement or an agreement concluded outside business premises by electronic means. In this case, the Seller must immediately confirm to the Buyer, on a durable medium, that it has received their withdrawal.
12.10. The burden of proving compliance with the requirements of this article regarding withdrawal from the agreement rests with the Buyer.
12.11. Once the Buyer exercises the right to withdraw from the agreement, the parties’ obligations to perform the distance agreement or the agreement concluded outside business premises, or to conclude a distance agreement or an agreement outside business premises (if the Buyer had submitted an offer to conclude one), cease.
12.12. The Seller must, immediately and no later than fourteen days from the day it received the Buyer’s notice of withdrawal from the agreement, refund to the Buyer all sums paid by them, including the Buyer’s paid delivery costs for the goods. When refunding all sums paid by the Buyer, the Seller must use the same payment method that the Buyer used when paying the Seller, unless the Buyer has explicitly agreed to a different method and provided the Buyer does not incur any additional costs.
12.13. In cases where the Buyer returns only one or several, but not all, of the delivered goods, the Buyer is refunded the portion of the delivery fee by which the delivery fee increased compared to what the Buyer would have had to pay had they not ordered the returned product(s).
12.14. The Seller is not obliged to refund the Buyer for additional costs that arose because the Buyer explicitly chose a delivery method other than the cheapest standard delivery method offered by the Seller.
12.15. The Seller may withhold the refund of sums paid by the Buyer until the goods have been returned to the Seller, or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first.
12.16. The Buyer must, immediately and no later than fourteen days from the day of submitting notice of withdrawal from the agreement to the Seller, send or hand over the goods to the Seller or another person authorized by the Seller. Once the Buyer exercises the right to withdraw from the agreement, the direct costs of returning the goods are borne by the Buyer.
12.17. If, when an agreement was concluded outside business premises, the product was delivered to the Buyer’s place of residence at the time the agreement was concluded, then, if the Buyer withdraws from the agreement, the Seller must collect the product at its own expense, when, due to the nature of the product, it cannot normally be returned by mail.
12.18. The Buyer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The Buyer is not liable for diminished value of the goods if the Seller failed to provide the Buyer with information about the right to withdraw from the agreement in accordance with Article 6.2287, Part 1, Point 7 of the Civil Code.
12.19. Once the Buyer exercises the right to withdraw from the concluded agreement, any ancillary agreements are automatically terminated at no cost to the Buyer, except for costs provided for in this article or in Article 6.22812 of the Civil Code. Ancillary agreements are agreements under which the Buyer acquires goods or services related to the concluded agreement, and those goods are supplied or services provided by the Seller or another person under an arrangement with the Seller. The Buyer must immediately notify the other party to the agreement in writing of the termination of the ancillary agreement and provide details of the withdrawal from the distance agreement or the agreement concluded outside business premises. A separate notice from the Buyer is not required in cases where the ancillary agreement was concluded with the same Seller that was notified of the withdrawal from the agreement under Article 6.22810 of the Civil Code.
Liability
13.1. The Buyer is responsible for the accuracy of the data provided in the registration form. If the Buyer fails to provide accurate data in the registration form, the Seller is not liable for any consequences arising from this.
13.2. The Buyer is responsible for actions taken while using the Online store system.
13.3. The Buyer is responsible for the transfer of their login details to third parties. If a third party uses the services provided by the Online store by logging into the Online store using the Buyer’s login details, the Seller considers this person to be the Buyer.
13.4. The Seller is released from any liability in cases where the Buyer, disregarding the Seller’s recommendations and their own obligations, did not familiarize themselves with the Purchase-sale rules, even though such an opportunity was provided to the Buyer.
13.5. The Seller is not responsible for links in the Online store to the websites of other companies, institutions, organizations, or individuals, or for the information contained therein or activities carried out there. The Seller does not maintain or control the above-mentioned websites and does not represent those companies, institutions, organizations, or individuals.
13.6. In the event of damage, the party at fault shall compensate the other party for direct losses.
Privacy policy and personal data protection
14.1. The Company ensures the rights of data subjects in accordance with the Law on Legal Protection of Personal Data and other regulatory legal acts governing the processing of personal data. The Seller processes the personal data provided by the Buyer for the purposes of electronic commerce (fulfillment of customer orders and warranty service).
14.2. The Seller receives and processes the following Buyer personal data for the purpose of electronic commerce: first name, last name, phone number, address (when the Buyer provides an address in the goods delivery form). This personal data is stored and processed until the order is fully completed. After that, the data is transferred to a passive database and stored for the entire warranty service period. Upon expiry of the above-mentioned periods, the personal data is destroyed by an authorized employee of the company.
14.3. The Seller receives the personal data specified in clause 14.2 of the Purchase-sale rules directly from the Buyer (when they register in the client account on the website, or initiate a purchase-sale agreement). The Seller does not process personal data obtained by other means.
14.4. The Buyer confirms that they had the opportunity to familiarize themselves with the terms of personal data processing and has the following rights:
14.4.1. Having provided the Seller with an identity document, or, in accordance with the procedure established by legal acts or by electronic communication means that allow proper identification of the person, having confirmed their identity, the Buyer has the right to access their data and check how it is processed, i.e. to obtain information about which sources and what personal data about them was collected, for what purpose it is processed, to whom it is provided, to request the correction or destruction of their personal data, or to request the suspension of personal data processing actions, when the data is processed in violation of the provisions of the Law on Legal Protection of Personal Data of the Republic of Lithuania or other laws;
14.4.2. The Buyer expresses their consent or refusal regarding the processing of their personal data in writing, by the email with which they registered in the online store, indicating their first and last name;
14.4.3. other rights provided for in the Law on Legal Protection of Personal Data and other regulatory legal acts.
14.5. The Buyer has the right to express requests to correct, destroy personal data, or suspend personal data processing actions in writing or in person at the Seller’s place of business.
14.6. The Seller undertakes to ensure the security of the Buyer’s personal data, to implement appropriate technical and organizational measures to protect personal data against unlawful destruction and/or accidental alteration, disclosure, and against any other unlawful processing. All employees and representatives of the Seller undertake to protect the Buyer’s personal data.
14.7. The Seller may provide personal data, to the extent and in accordance with the procedure established in these Purchase-sale rules, only to the data subject, to parcel delivery companies, as well as to other data recipients, when the Seller is obliged to provide personal data under laws, court decisions, and other legal acts.
Final provisions
15.1. Communication between the Buyer and the Seller, including but not limited to notices and correspondence, takes place in written form. Notices, invoices, or waybills sent by email are also considered equivalent to written notices. A notice sent by email is considered received once 96 hours have passed from the moment of its sending.
15.2. Taking into account changes in the market and legal acts, the Seller reserves the right to amend, correct, or supplement the Purchase-sale rules at any time, in accordance with the requirements established by legal acts, informing about this in the Online store. Amendments or additions to the Purchase-sale rules take effect for new orders placed by Buyers after the amendment or addition to the Purchase-sale rules. A Buyer purchasing goods in the online store agrees to the amended, corrected, and supplemented Purchase-sale rules. The Buyer’s consent is expressed by submitting an order to the Seller. The opportunity to purchase goods in the Online store is provided only to Buyers who agree to the currently valid Purchase-sale rules.
15.3. Disputes related to the purchase-sale of goods in the online store are resolved through negotiations. If agreement cannot be reached through negotiations, disputes are resolved in the courts of the Republic of Lithuania, in accordance with the law of the Republic of Lithuania.
15.4. A Buyer who is a consumer must first submit a request and/or complaint regarding the operation of the online store to the Seller in writing, stating their claims. If the Buyer does not agree with the Seller’s response, the Buyer may apply to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. 852626751, website www.vvtat.lt, its territorial divisions in the counties – vvtat.lt/index.php?470187665) or fill out an application form on the Online Dispute Resolution platform for consumers, at https://ec.europa.eu/odr/.
