Terms & Conditions
1. General provisions
These Terms and Conditions of Purchase and Sale (hereinafter referred to as the "Terms and Conditions") set out the rights, obligations and responsibilities between the person purchasing goods in this online shop (hereinafter referred to as the "Buyer") and CIZZY, MB (hereinafter referred to as the "Seller") when the Buyer purchases goods in the online shop. By purchasing goods in the online shop, the Buyer agrees to the application of these Terms and Conditions.
2. The moment of conclusion of the contract of sale and purchase
2.1.1 "Payment can be made using Swedbank, Seb, Luminor, Citadele and Šiaulių bankas e-banking services. Payments can be made in Euro. Payments are processed using the MakeCommerce.lt payment platform."
2.1 The Purchase and Sale Agreement between the Buyer and the Seller shall be deemed to have been concluded from the moment the Buyer has created a shopping cart in the online shop, indicated the delivery address, selected the payment method and clicked on the "Complete Order" or "Confirm ✔️" button and shall remain in force until the obligations under this Agreement have been fully performed. In cases where the Buyer does not accept all or part of the Terms and Conditions, the Buyer shall not be obliged to place an order.
2.2 Each contract concluded between the Buyer and the Seller shall be stored in the database of the e-shop.
3. Buyer's rights
3.1 The Buyer shall have the right to purchase goods in the e-shop in accordance with these Terms and Conditions and the legislation of the Republic of Lithuania.
3.2 The Buyer (consumer) shall have the right to withdraw from the contract for the purchase and sale of goods concluded in the online shop with the Seller (except for the contract for the sale of audio-visual works and phonograms in any video or audio media, computer programs if the Buyer (consumer) has violated the packaging protections; the sale of newspapers, journals, magazines or other periodicals), by notifying the Seller in writing within 14 working days from the date of delivery of the goods. The Buyer shall have the right to withdraw from the contract of sale with the Seller only if the goods are of good quality, have not been damaged and have not substantially changed their appearance.
3.3 The Buyer shall have other rights provided for in the Rules and the legislation of the Republic of Lithuania.
3.4.
his/her rights have been violated, he/she must, within three months from the date of the violation, contact the Seller in writing and
to the Seller in writing, stating his claims. The Seller must, within 14 days at the latest, examine the request free of charge and
provide a detailed reasoned written reply based on documentation. If the problem cannot be resolved,
The Buyer has the right to appeal to the body that settles consumer disputes out of court (the State Consumer
Rights Protection Service, address Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt) or to the court
3.5 The Buyer may submit requests or complaints via the electronic consumer dispute resolution platform
http://ec.europa.eu/odr/.
4. Obligations of the Buyer
4.1 The Buyer is obliged to pay the price of the Goods and their delivery, as well as other payments (if any, specified at the time of conclusion of the Contract) and to accept the Goods ordered. The Buyer shall pay for the Goods by payment via Stripe, Paysera, bank transfer or PayPal.
4.2 If the details provided by the Buyer on the registration form change, the Buyer must update them immediately.
4.3 The Buyer shall comply with the other requirements set out in the Terms and Conditions and the legislation of the Republic of Lithuania.
5. Seller's rights
5.1 If the Buyer attempts to undermine the operation or stable functioning of the e-shop or violates his/her obligations, the Seller may, without prior notice, restrict, suspend (terminate) the Buyer's access to the e-shop, and shall not be liable for any losses incurred by the Buyer in connection with this.
5.2 The Seller shall be entitled to suspend or terminate the operation of the e-shop without prior notice and shall not be liable for any loss incurred by the Buyer in connection therewith.
5.3 The Seller shall be entitled to unilaterally amend these Terms and Conditions by posting the amended Terms and Conditions on the website of the e-shop. The amendments shall take effect from the moment of publication for all transactions entered into after the publication.
5.4 The Seller shall have other rights provided for in the Terms and Conditions and the legislation of the Republic of Lithuania.
6. Obligations of the Seller
Delivery Guarantee
We provide an additional guarantee of faultless delivery, which can be claimed within 48 hours of receipt of the product.
If the products have been damaged during shipment or do not correspond to your order, please kindly notify us of the error within 48 hours of delivery. Please send us an email with a photo of the packaging (the photo must also clearly show the label) and a photo of the product you have received, clearly showing the damaged area.
We will give priority to dealing with your claim as soon as possible and provide you with a replacement product.
If your claim is sent too late, it will be treated as a product complaint.
Warranty for technical products
Our products are covered by a 2-year warranty period. The warranty can only be applied to our products. The 2-year warranty period starts from the date of receipt of goods. In accordance with the Consumer Protection Act, you can invoke the warranty on the basis of an invoice, which also serves as a warranty certificate.
The Buyer reserves the right to refuse the guarantee if the invoice is not submitted with the claim or if the invoice is illegible or missing.
The warranty does not apply if:
the product is physically damaged;
the product shows signs of wear and tear due to normal use;
the product is defective as a result of incorrect, improper or negligent use.
The products for which you wish to benefit from a warranty must be inspected, so please kindly provide photographs or video footage of the defect with your warranty claim. If necessary, we will also ask you to send the product to us for inspection.
If we approve your warranty claim, we will send you a new product. You also have the right to have your product repaired, but you should be aware that the repair period is longer than the delivery period for a new product. If the repair takes longer than 45 days, your product will be replaced with a new product. If we cannot offer a new product, we will refund the full purchase price of the product.
For a summary of the procedure, please refer to the 'Warranty Replacement' tab at the bottom of the website.
c) Complaint about a defective product
If the product is not working properly, please email us at info@samuel.lt and we will help you with the necessary information. This will prevent possible misuse of the product and damage to the product itself, as well as injury to yourself or others.
If the product does not work, you can file a complaint and point out the defects in the product. The cases which are considered to be material defects in the product are set out in section vii. of these Terms of Sale and Purchase. You only have the right to complain about material defects if these defects already existed at the time of purchase but were only discovered later.
If the product does not work due to a material defect, we kindly ask you to report the defect as soon as it is noticed, but in any case no later than two months from the date on which the defect was noticed. Please send us an email with a photo or video of the defective product from which it can be conclusively established that the product is not working. If necessary, we will also ask you to send us the product so that we can examine it and identify the product defect.
We will not be able to deal with your complaint about products that have been damaged as a result of improper or inappropriate handling or use which is not necessary to determine the nature, characteristics and performance of the goods. If, after your complaint has been rejected, you wish to have the product in question returned to you, we will send it back to you and invoice you for the cost of delivery of the product in question.
The seller is liable for defects in the product which become apparent within 2 years of delivery. The seller must reply to the complaint within 3 working days.
If you are complaining about a fundamental defect, you can use the following options:
Product replacement,
a refund,
rectification of the product defect, or
a refund of some part of your money.
For a summary of the procedure, please refer to the "Complaints and Appeals" tab at the bottom of the website.
7. Delivery of goods
7.1 The goods shall be delivered by a transport company at the Buyer's expense. In individual cases specified by the Seller, the goods shall be delivered at the Seller's expense.
7.2 The exact delivery price depends on the price and weight of the goods ordered and therefore the final delivery price will only be determined once the order has been placed.
7.3 The delivery service shall be ordered separately prior to payment for the Goods and the selected services. The Customer shall pay for the delivery service. In individual cases specified by the Seller, the Seller shall pay for the delivery service.
7.4 The Goods shall normally be delivered to the address specified by the Buyer within 13-25 working days of receipt of payment for the Goods and the transportation of the Goods if the Goods are in the Seller's warehouses. The Seller does not guarantee that the Goods will be delivered within the time limit set out in the preceding sentence in all cases, particularly if the Goods ordered are not in the Seller's warehouses. Delivery shall be made throughout the territory of the Republic of Lithuania, including the Curonian Spit (additional surcharge applies).
7.5 The exact date of delivery of the goods shall be specified in the notification provided by the Seller to the Buyer to the e-mail address indicated by the Buyer in the registration form. Accordingly, the Buyer, having entered into the Sale and Purchase Agreement, undertakes to check the aforementioned email account on a daily basis until the delivery notification is received.
7.6 At the time of delivery of the consignment, the Buyer or, as the case may be, the Buyer's representative, together with a representative of the transport company, shall check the condition of the packaging, the quantity, quality and range of the goods.
7.6.1.If damage to the packaging of the consignment is detected, but no discrepancy(s) in the quantity, quality or assortment of the goods is (are) detected, the Buyer or the Buyer's representative, as the case may be, shall note the damage to the packaging of the consignment on the data logger or paper delivery note provided by the transport company's representative.
7.6.2 In the event of any discrepancy(s) in the quantity and/or quality and/or range of the goods, the Buyer or the Buyer's representative, as the case may be, must not accept the consignment. In this case, a representative of the transport company together with the Buyer or, as the case may be, the Buyer's representative, shall complete a special consignment inspection report noting the irregularities found.
7.6.3. after the Buyer or the Buyer's representative, as the case may be, has accepted the consignment and signed the data recorder or the paper delivery note provided by the transport company's representative, and has noted the damage to the packaging of the consignment, it shall be deemed that the goods have been delivered in the damaged packaging of the consignment, but that the goods are of the same quantity, quality and range as the terms and conditions of the contract of sale and that the additional services indicated in the data recorder or the paper delivery note have been properly performed.
7.6.4. once the Buyer or, as the case may be, the Buyer's representative has accepted the shipment and signed the data logger or paper delivery note provided by the transport company's representative without any comments, the goods shall be deemed to have been delivered in the undamaged packaging of the shipment, the quantity, quality and range of the goods are in conformity with the terms and conditions of the contract of sale, and the additional services indicated in the data logger or paper delivery note have been duly performed.
7.7 Upon delivery of the Goods to the address specified by the Buyer, the Goods shall be deemed to have been handed over to the Buyer irrespective of whether the Goods are actually received by the Buyer or by any other person who has received the Goods at the specified address. If the goods are not delivered on the scheduled delivery date, the Buyer shall notify the Seller immediately, but not later than the day after the scheduled delivery date. Otherwise, the Buyer shall forfeit the right to claim against the Seller in respect of non-delivery or late delivery.
7.8 If the goods will be accepted by a person other than the Buyer, the Buyer must provide the details of the person who will accept the goods when completing the order delivery information.
8. Return of goods
8.1 The User has the right to withdraw from the online contract (in other words, to return a quality product) within 14 days without giving any reason
8.1.1 The costs of return are the responsibility of the buyer
8.1.2 The Buyer is responsible for the proper assembly and packaging of the returned goods. If the Goods are not complete and/or properly packed, the Seller will not accept the returned Goods.
8.1.3 Goods shall not be accepted for return if they have been used and/or damaged and/or have lost their merchantable appearance.
8.1.4 Refunds shall be made to the Buyer within 5 working days of the return being made
9. Liability
9.1 The Buyer is responsible for the accuracy of the data provided in the registration form. The Buyer shall be liable for the consequences arising from any inaccuracy or inaccuracy of the data provided in the registration form.
9.2 The parties shall be liable for the breach of the contract of purchase and sale concluded by means of the online shop in accordance with the procedure established by the legislation of the Republic of Lithuania.
9.3 -
9.4 Subject to the provisions of Article 8(3) of the Law on Electronic Signature of the Republic of Lithuania, the Buyer agrees with the Seller that the confirmation of the Buyer's actions in the online shop by the data of the log-in to the online shop (the authentication code) shall have the legal effect of an electronic signature as provided for in Article 8(1) of the Law on Electronic Signature (i.e. it shall have the same legal effect as a signature on a written document and be admissible in court as a means of proof). The buyer must keep his/her login data to the online shop secure and not disclose it, ensure that the data are known and used only by him/her, and not transfer or otherwise make the data available or accessible to other persons. If he/she suspects that the login data may have been accessed by another person, he/she shall immediately notify the Seller thereof, and shall immediately inform the Seller of any breach or disclosure of his/her login data to the online shop. All actions carried out using the Buyer's identification code shall be deemed to have been carried out by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.
9.5 The Seller shall not be liable for the information provided on other companies' websites, even if the Buyer accesses these websites via links on the Seller's online shop.
9.6 The Seller shall not be liable for the fact that the colour, shape or other parameters of the goods depicted in the online shop do not correspond to the actual size, shape and colour of the goods due to the characteristics of the monitor used by the Buyer.
9.7 In the event of damage, the party at fault shall indemnify the other party for direct damages incurred as a result of its fault.
10. Processing of personal data
10.1 By clicking on the "Confirm Order" or "Checkout" button, the Buyer confirms that he/she and his/her representatives (the Buyer shall have the consent of his/her representatives) agree to provide the Seller with his/her personal data as specified in these Terms and Conditions and the registration form and does not object to the processing of the personal data provided by the Buyer and/or his/her representatives for the purpose of the online shopping.
10.2 By clicking on the "Confirm Order" or "Checkout" button, the Buyer confirms that he and his representatives (the Buyer shall have the consent of his representatives) consent to the personal data provided by the Buyer and/or his representatives being provided to third parties selected by the Seller for the purpose of processing for online shopping purposes as discussed in the following paragraph.
10.3 By clicking on the "Confirm Order" or "Checkout" button, the Buyer confirms that he and his representatives (the Buyer shall have the consent of his representatives) agree to present to the Seller and/or to the third party who delivers the Goods on the Seller's instructions, at the time of collecting the Goods, at the point of collection of the Goods, one of the following documents identifying the Buyer's person: a passport, an identity card, a new driving licence, in order to identify the Buyer and his representatives for the purpose of the Online Sale. The Buyer also confirms that he and his representatives (the Buyer shall have the consent of his representatives) agree that, at the time of collection of the Goods at the place of collection, the Seller and/or the third party who has delivered the Goods on the Seller's instructions, shall take down the data of the personal identification document provided by the Buyer and/or his representatives and process such data (including, but not limited to, the transfer of the data to the Seller) for the purpose of online trading.
10.6 By clicking on the "Confirm Order" or "Checkout" button, the Buyer confirms that he (if the Buyer is a natural person) and his representatives have been informed of their right to have access to their personal data processed by the Seller and the manner in which it is processed, to request the rectification or destruction of their personal data or the suspension of the processing of their personal data in the case of processing that is not in compliance with the law and to oppose the processing of their personal data for any of the purposes set out in the Law.
10.7 By clicking on the "Confirm Order" or "Checkout" button, the Buyer confirms that he/she and his/her representatives are aware of their right to refuse to provide their personal data, but understands that the personal data are necessary and indispensable for the purpose of uniquely identifying the Buyer and/or his/her representatives for the purposes of online shopping and that, in the event of failure to provide personal data and/or to object to its processing for the purpose of online shopping, the Buyer will be prevented from concluding and/or performing the contract.
11. Sending information
11.1 The Seller shall send all communications to the email address provided by the Buyer in the registration form.
11.2 The Buyer shall send all notifications and enquiries to the address specified in the "Contact" section of the Seller's e-shop.
12. Final provisions
12.1 The Buyer and the Seller agree that all information provided on the Seller's e-shop website (including but not limited to these Terms and Conditions, information about the Seller, the goods and services offered and their features, the procedure for exercising the Buyer's right of withdrawal from the contract of sale and purchase, the Seller's product maintenance services and warranties (if any)) shall be deemed to be given in writing to the Buyer.
12.2 These Terms and Conditions do not limit the rights of the Buyer (consumer) as set out in the legislation of the Republic of Lithuania.
12.3 All disputes arising out of or in connection with the contract of sale between the Buyer and the Seller shall be settled by negotiation. In the event of failure to reach an agreement, disagreements shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania.