I. General Provisions
1.1. These rules (hereinafter referred to as the Rules) are intended to ensure your rights as the client (hereinafter referred to as the Buyer) of the online store www.e-kanape.lt (hereinafter referred to as the Store), which is an official seller of Kanapė MB (hereinafter referred to as the Seller), and establish the rights and responsibilities of both parties, as well as other provisions related to the transactions of purchase and sale in the Store.
1.2. Seller’s details are provided under the section Contacts.
1.3. The Rules shall apply in all cases, where the Buyer uses the online Store in any form or manner, e.g. is browsing the items offered at the Store, ordering them, submitting any personal or other information, carrying out the payment for the ordered items, receiving the ordered items, reading the Store information or posting comments, and (or) performing any other actions related to the use of online Store and Seller’s proposals posted therein.
1.4. The Buyer shall read thoroughly and make sure he (she) understands these Rules before using the online Store and Seller’s proposals posted therein. Any purchase from the Store shall mean that the Buyer has read and accepted these Rules.
1.5. The Seller shall be exempted from any liability in cases, where a loss or other adverse effects have resulted due to the Buyer’s failure to read, understand or accept these Rules, recommendations and (or) other information despite the fact that he (she) has had free access to such information.
1.6. The Seller shall reserve the right to unilaterally change these Rules at any given moment and publish these changes on the website of the Store. The amended Rules shall enter into force from the moment of publication thereof and apply to all transactions made after the publication.
II. Conclusion of Purchase/Sale Agreement
2.1. The purchase/sale agreements (hereinafter referred to as the Agreements) on behalf of the online Store shall be concluded in electronic form in accordance with the Civil Code of the Republic of Lithuania and the Rules for Sale of goods and provision of services by contracts concluded in electronic form, as approved by Decree No. 258 of the Minister of Economy of the Republic of Lithuania of 17 August 2001.
2.2. The following persons shall be entitled to purchase items in the Seller's online Store: natural persons with full legal capacity, minors from fourteen to eighteen years of age only subject to a permission from a parent or guardian, except in cases where they hold their own income at their disposal, legal persons, and representatives dully authorized by any of the above-mentioned persons. By agreeing to these Rules the Buyer confirms that he (she) is legally entitled to buy from the Seller’s online Store.
2.3. The Agreement between the Buyer and the Seller shall be considered concluded and in force as of the moment, when the Buyer has selected one or more items to his (her) online Basket, specified the delivery address and other required information, selected the payment method, confirmed his (her) agreement to these Rules, and has clicked on the button Confirm Order on the website of the Store. In cases where the Buyer disagrees to all the Rules or a part thereof, he (she) shall not submit any orders.
2.4. Once the Agreement has been concluded, the Seller shall send the Buyer an automatic e-mail notification confirming that the Buyer's order has been received. The notification shall also include the list, exact number and prices of the ordered items, as well as the order number given to the order in question. The e-mail notification shall be sent to the Buyer to his (her) e-mail address, indicated either in the account registered with the Store, or the order form.
2.5. These Rules, Delivery, Payment Procedure and Return Policy provided on the website of the Store and forming an integral part hereof, information on the Seller, as well as the Seller’s electronic notification to the Buyer confirming the receipt of the Buyer’s order, shall be considered an integral part of the Agreement between the Buyer and the Seller.
2.6. All Agreements concluded by electronic means between the Buyer and the Seller shall be kept in the database of the online Store.
2.7. The Agreement concluded between the Buyer and the Seller shall be valid until the contractual obligations are fully met by the parties, or expired in accordance with the procedure established herein.
III. Sale Items and Prices
3.1. Each item offered for sale in the online Store shall have a description of the properties of that item. The Seller shall not be held responsible in cases where the color, shape and other parameters of an item listed on the website will not match the actual product color, shape and other parameters due to the characteristics and (or) display settings of the monitor used by the Buyer.
3.2. The Seller shall have the right to change the supply of item listed online at any time and without notice to the Buyer.
3.3. The price of each item for sale is provided in Euros and Lithuanian Litas and indicated for each and every item online, in the purchase order generated by the Buyer and in the e-mail notification to the Buyer, confirming the receipt of the placed order. The Seller shall undertake to sell items to the Buyer at the price indicated on the website at the moment the Buyer has placed the order for those items.
3.4. The prices do not include value added tax (VAT), as the Seller is not a registered VAT-payer.
3.5. The prices does not include the cost of delivery to the Buyer. Based on the order value, the ordered items may be charged a delivery fee, as established in sub-sections 5.2. and 5.3. of these Rules.
3.6. The Seller shall have the right to determine the minimum size of the basket, i.e. the minimum value of ordered items, required for processing the Buyer’s order.
IV. Payment Order
4.1. The Buyer shall pay for the ordered items and their delivery in one of the following ways:
4.1.1. Pay Pal; or
4.1.2. by an advance payment through a simple bank transfer to the Seller's account; please, see the Seller's account details are indicated in the section Payment.
4.2. When using bank services to pay for the ordered items and their delivery, the Buyer may be subject to a commission and (or) other fees established by the bank.
4.3. When paying for the ordered items and their delivery by an advance payment, the Buyer shall indicate the order number from the order confirmation e-mail in the field Purpose of payment in the bank transfer form. Buyer’s failure to indicate the order number in the abovementioned field in the bank transfer form may impede smooth execution of the order.
4.4. The Seller shall start executing the placed order only upon receipt of the fully completed payment for the ordered items and their delivery. The payment shall be considered fully completed, once the entire price of the ordered items and their delivery has been received and credited to the Seller's bank account.
4.5. The Buyer shall undertake to pay for the ordered items and their delivery at the latest within three (3) business days after the Agreement is concluded. Should the Buyer fail to pay within the first two (2) business days, the Seller shall place a reminder of the order and the term for payment in the Buyer’s account registered with the Store, or send the reminder directly to the Buyer’s e-mail address indicated in the order form. Should the Buyer fail to pay for the ordered items and their delivery within three (3) business days after the Agreement is concluded, the latter shall be considered canceled by the Buyer, and the Seller shall cancel the execution of this order and inform the Buyer hereof in his (her) account registered with the Store, or directly to the e-mail address indicated in the order form.
4.6. The Seller shall undertake to provide the Buyer with all necessary and correct information, needed for the payment of the ordered items and their delivery. However, the Seller shall not be held responsible for faulty services, rendered to the Buyer by the banks in relation to the Buyer's payment to the Seller for the purchased items, nor for the losses incurred due to latter. Neither shall the Seller assume responsibility for the erroneous bank transfer orders made by the Buyer, or execution thereof, e.g. incorrect account number, incorrect order number, etc., nor the losses associate and (or) other negative consequences associated thereto.
V. Delivery of Purchased Items
5.1. The items purchased by the Buyer from the Seller shall be delivered at the expense of the Buyer either by the Seller or a delivery service company (hereinafter referred to as the Courier) to the address, indicated by the Buyer in his account registered with the Store, or in the order form. Purchased items shall be delivered worldwide and within the entire territory of the Republic of Lithuania, except the Curonian Spit area.
5.2. Orders within the territoty of the Lithuanian Republic for up to EUR 28 shall be charged the following delivery fee:
5.2.1. EUR 2 for delivery within the entire territory of the Republic of Lithuania, except the Curonian Spit area;
5.2.2. orders (total purchase price) for EUR 28, and over, shall be delivered at the expense of the Seller within the entire territory of the Republic of Lithuania, except the Curonian Spit area;
5.2.3. the abovementioned procedure for delivery of orders shall not apply to the orders addressed to the Curonian Spit area. In case the Buyer would like to negotiate the cost of the delivery to this area, the Buyer may contact the Seller via phone or e-mail, please see the details in the section Contacts.
5.3. International orders (all countries except Lithuania) shall be charged EUR 5 delivery fee.
5.4. The orders shall be normally delivered to the address given by the Buyer within 2-5 business days for Lithuania, 10 business days for Europe and 2-3 weeks for the rest of the world. Herewith the Buyer agrees, that from time to time the delivery may be delayed due to unforeseen circumstances. However, the ordered items shall be delivered at the latest within thirty (30) calendar days. In case of delay, the Seller shall immediately contact the Buyer and coordinate the delivery date and time. The delivery term starts as of the moment, when the Seller receives the Buyer's transfer for the ordered items and their delivery.
5.5. In case of a delayed delivery, or the Seller’s failure to deliver the ordered items thought the fault of the Buyer, or due to the circumstances under the his (her) control, the Seller shall be exempt from any liability for the delayed delivery or failure to deliver the purchased items.
5.6. In cases where the delivery is delayed without any fault of the Buyer or due circumstances out of the Buyer’s control for more than ten (10) business days and no agreement on extension of the delivery term or replacement of the ordered items with analogous items from the online Store is reached between the parties, the Buyer shall be entitled to cancel the Agreement by sending a notification hereof to the Store’s e-mail address: email@example.com, upon receipt of which the Seller shall refund the Buyer the advance payment, if such payment has been made, within ten (10) business days as of the day on which the Agreement was terminated. The amount to be reimbursed shall be transferred to the bank account, from which the payment was made.
5.7. The ordered items will be delivered by registered mail on weekdays and Saturdays.
5.8. In case the delivery and transfer of the ordered items does not take place thought the fault of the Buyer, or due to the circumstances under the his (her) control, e.g. incorrect address upon delivery, or the Buyer not living there, or he (she) not being present and no other person present, who could receive the order on behalf of the Buyer, the Seller shall contact the Buyer to get his (her) updated contact details. Should such repeated delivery take place, the Seller shall be entitled to charge the Buyer an additional delivery fee. If the Buyer fails, with no justifiable reasons, to receive the ordered items upon the repeated delivery, the Agreement shall be deemed cancelled and the Seller shall cancel the order by informing the Buyer hereof on his (her) account registered with the Store, or submitting the notification directly to the e-mail address indicated by the Buyer in the order form. In this case, the Seller shall set-off all the expenses incurred due to the first and refunded delivery against the advance payment to be refunded to the Buyer, if such payment has been made, within ten (14) business days as of the day, on which the Agreement was cancelled. The final amount to be refunded shall be transferred to the bank account, from which the payment was made.
5.9. Upon delivery to the address specified by the Buyer the purchased items will be handed over to the Buyer, or to any other person present at the delivery address. Hereby the Buyer confirms that he (she) agrees that any other person, who is present at the delivery address upon delivery (hereinafter referred to as the Buyer's representative), shall be considered as entitled to receive and accept the ordered items.
5.10. Upon delivery the Buyer or his (her) Representative together with the Seller or the Courier shall check the condition of the delivered order, i.e. make sure that the parcel is not crumpled, wet, torn or otherwise visibly damaged from the outside, verify, if all items have been delivered in right quantity and quality. Should the Buyer or his (her) Representative notice any damage to the package and (or) items, or any missing items, he (she) shall note it accordingly in the delivery confirmation document, presented by the Seller or Courier upon delivery, such as invoice, bill of lading, or equivalent, as well as draw up in writing a letter in a free form, listing every damage made to the package or items and (or) all missing or poor-quality items, and sign it in presence of the Seller or Courier. In case of failure of the Buyer or his (her) Representative to draw up and sign such a written notification in the presence of the Buyer or his (her) Representative, the Buyer shall no longer be entitled to raise any claims, related to the damage, made to the package or items and (or) all missing or poor quality items, against the Seller. The damage (or) missing or poor quality items shall be eliminated and (or) replaced, respectively, according to the procedure and terms, coordinated between the Buyer and the Seller.
5.11. If the Buyer or his (her) Representative signs the delivery confirmation document, i.e. invoice, bill of lading, or equivalent, without any comments, it shall be deemed, that the items have been delivered in correct quantity, good quality and undamaged package and in accordance with the Agreement.
VI. Return Policy
6.1. In case where the Buyer has justifiable reasons, he (she) shall have the right to cancel the Agreement, concluded with the online Store, by submitting a written notice to the Seller, stating the reasons, within fourteen (14) calendar days from the delivery date. The Buyer shall submit the written notice of cancellation directly to the Store’s e-mail address firstname.lastname@example.org.
6.2. The Buyer may exercise his (her) right established in sub-section 6.1. herein, namely, to cancel the Agreement, but only if the item to be returned meets the following requirements:
6.2.1. it has not been worn or otherwise used, is intact and has not lost any of its value;
6.2.2. it is packed in the original manufacturer's packaging and of marketable appearance; visible alterations to the packaging, if any, may only be made to the extent, which was absolutely necessary for inspection of the item, and;
6.2.3. it must still carry all original labels.
6.3. The items to be returned shall be sent by the Buyer by registered mail or courier directly to the Seller’s registered address: Miglės g. 28, Didžioji Riešė, LT-14260 Vilnius raj. sav., Lithuania.
6.4. Along with the returned item the Buyer shall submit the Seller a completed returns/exchange note, listing therein the items being returned and the bank account for the refund, as well the proof of the purchase to be reimbursed, e.g. the invoice.
6.5. Upon receipt of the written notice of the Agreement cancellation, as per sub-section 6.1 hereof, the Seller shall refund the Buyer at the latest within 14 (fourteen) calendar days, provided that the returned items are in line with the requirements stipulated in sub-section 6.2. herein. Return-related expenses incurred by the Buyer will not be reimbursed.
6.6. Provided that more than 14 (fourteen) calendar days have lapsed from the date of delivery, the intact and good-quality items may be returned or replaced following the Rules for return and replacement of purchased goods, as approved by Decree of the Minister of Economy of the Republic of Lithuania No. 217 of 29 June 2001, and provisions stipulated in sub-sections 6.2. and 6.5. of these Rules. Please note that, according to the abovementioned Rules for return and replacement of purchased goods, undamaged items such as stockings, socks and similar goods, as well as all other articles defined therein as a non-returnable and (or) non-replaceable, will be considered non-returnable and (or) non-replaceable in this Return Policy, too.
6.7. The Buyer's rights in terms of acquired defective goods are governed by the Civil Code of the Republic of Lithuania, Decree of the Minister of Economy of the Republic of Lithuania No. 217 of 29 June 2001, and provisions stipulated in sub-sections 6.3. and 6.5. of these Rules.
6.8. The Seller shall grant no guarantees as to the quality of the items, offered in the online Store.
VII. Collection and Use of Personal Information
7.1. Anyone can order from the online Store and no registration with the Stores is required. However, to properly execute incoming purchase orders, the Seller needs such personal information as Buyer’s name, surname, e-mail, post address, phone number and other data specified in the order form.
7.2. Herewith he Buyer confirms that he (she) is aware of his (her) right to refuse to provide his (her) personal data, but also of the fact that this information is required and necessary for proper execution of orders, and in view the above, the Buyer agrees that in case he (she) refuses to submit this information to the Seller for the purposes defined in sub-section 7.5. herein, the Agreement with the latter cannot be concluded and executed.
7.3. Herewith the Buyer confirms that, upon completion of registration or placement of orders to the online Store, he (she) agrees to submit the personal data, required for the account registration or placement of order according to these Rules, and does not object, that Seller use this data for the purposes established in sub-section 7.5. of these Rules.
7.4. The Buyer shall be entitled to access and review his (her) personal information managed by the Seller, require to rectify, delete, or stop other management actions related to his (her) personal data, except keeping data, if this data is being managed in breach of the laws of the Republic of Lithuania, as well as object to use of his (her) personal data by the Seller in general.
7.5. Personal information of the Buyer shall only be collected and managed for the following purposes: to conclude Agreements, process placed orders, issue financial documents, resolve delivery and transfer related issues, and fulfill other contractual obligations. Herewith the Buyer shall agree, that his (her) personal contact details be processed by the Seller for purposes of marketing the goods, distributed by the latter. However, the Buyer shall be entitled to opt out for no use of his (her) personal data for purposes of marketing.
7.6. The Seller shall not have the right to disclose the Buyer’s personal data to selected third parties, unless it is needed for the purposes established in sub-section 7.5. of these Rules and to ensure the fulfillment of contractual obligations. The online Store shall not disclose to third parties any personal information of the Buyer without his (her) prior consent, except in the cases, where it is required by the laws of the Republic of Lithuania.
7.7. The Buyer himself (herself) shall be liable for submission of complete and correct personal details, when registering to the online Store, filling in the order forms, or otherwise using the Store. Should the personal information provided to the Store change, the Buyer himself (herself) shall have the obligation to update the data without delay, and be held liable for any consequences resulting from inaccurate or incomplete personal data.
7.8. Once registered to the online Store and (or) having placed the order, the Buyer shall undertake to protect the secrecy of and not disclose his (her) user login information. Should the Buyer lose his (her) user login information, he (she) has to inform the Seller immediately. The Buyer shall be entirely and solely responsible for non-disclosure of his (her) user login information to third parties. Any third party, who has, from the Buyer’s registered account with the Store, placed an order, or accepted any other offer from the Store, shall be unquestionably considered as the Buyer by the Seller.
VIII. Final Provisions
8.1. Should the Buyer intent to or actually undermine and (or) harm in any way smooth functioning and (or) stable operation of the online Store, or breach his (her) obligations, as the Buyer, the Seller shall be entitled to limit or terminate (block) the Buyer’s access to the online Store services at any time and without prior notice to the Buyer.
8.2. The Seller shall have the right to temporarily or permanently suspend or discontinue the business activities of the online Store without prior notice to the Buyer.
8.3. Herewith the Buyer confirms that all information, provided in his (her) comments and recommendations, is true, accurate, not misleading, nor otherwise could breach the rights of third parties or the laws of the Republic of Lithuania. The Buyer shall assume full responsibility for every comment posted or recommendation sent by him (her).
8.4. The Seller reserves the right to delete and (or) correct the Buyer’s comments at any time, if there is ground to believe that the Buyer has failed to comply with the abovementioned requirements as per sub-section 8.3. of these Rules.
8.5. The Buyer and Seller shall agree that all information provided on the website of the Store, including, but not limited to these Rules, abovementioned Delivery, Payment Order and Return Policy, information about the Seller, offered to buy the goods and their properties and descriptions, etc., shall be considered as submitted in writing to the Buyer.
8.6. Letters to the Buyer of any kind shall be e-mailed by the Seller directly to the Buyer’s e-mail address, indicated in the Buyer’s account registered with the Store, or order form submitted to the Seller.
8.7. The Buyer shall address all notices, requests, complaints etc. to the online Store of the Seller, to the following e-mail address: email@example.com, or mail letters in writing to the Seller's registered address: Miglės g. 28, Didžioji Riešė, LT-14260 Vilniaus raj. sav., Lithuania.
8.8. These Rules shall in no way be understood or interpreted as restricting the rights of consumer, in this case the Buyer, as guaranteed by the laws of the Republic of Lithuania. The Rules are governed by the Lithuanian legislation. Lithuanian law shall apply to all Agreements concluded between the Buyer and the Seller.
8.9. All disputes arising between the Buyer and the Seller regarding the Agreement or otherwise related thereto, shall be resolved by mutual agreement. In case no mutual agreement is reached, the disputes shall be settled according to the procedure established by the law and in the court of jurisdiction according to the laws of the Republic of Lithuania.
PRIVACY TERMS AND CONDITIONS
1. General Provisions
The following privacy terms and conditions (hereinafter referred to as the Privacy Terms and Conditions) establish the basic principles and procedure for collection and use of personal data of the clients, only natural persons (hereinafter referred to as You) of the online Store www.e-kanape.lt, web address: http://www.e-kanape.lt (hereinafter referred to as www.e-kanape.lt). Your personal information submitted to the online Store www.e-kanape.lt shall be managed in accordance with these Terms and Conditions, provisions of the Law on Personal Data Protection of the Republic of Lithuania, and other laws and regulations of the Republic of Lithuania, governing the use and protection of personal data.
2. Purposes of Personal Information Use
We recognize and respect the constitutional right to privacy of each and every person, who has visited our online store www.e-kanape.lt and (or) used its services. From time to time we may collect and use your personal data, e.g. name, address, telephone number, e-mail address and other information required for your account registration with the Store www.e-kanape.lt for the following purposes: for processing the information on your search queries on our website www.e-kanape.lt, or your orders for goods and (or) services (hereinafter jointly referred to as the Services). The Store shall not use the submitted personal information for the purposes other than the above-mentioned, including the cases, where this data may be requested for marketing purposes, unless it has requested and received a prior consent from the client.
3. Collection and Use of Non-personal Information
The online Store reserves the right to automatically collect non-personal information related, for example, to your account and (or) orders from www.e-kanape.lt, as well as process this anonymous information for statistical purposes, e.g. statistical surveys. In any case, your identity cannot be established directly or indirectly by the data collected. We reserve the right to transfer such non-personal statistical data to third parties in individual cases.
4. Non-disclosure of Personal Information to Third Parties
The online store reserves the right to disclose the collected personal information to third parties in the cases established in the second section of these Terms and Conditions, but only for the purposes specified herein and to the extent that is necessary to achieve these purposes. The online Store shall not disclose such personal information without your prior consent in the cases other than established in these Terms and Conditions. The store reserves the right to transfer such personal identifiable data in the cases, where it is required in accordance with the laws of the Republic of Lithuania.
The online Store shall reserve the right to record your session browsing details to your computer, whilst you navigate through our online store www.e-kanape.lt, commonly known as a "cookies". The cookies are needed to facilitate opening of the items, which you recently reviewed and (or) compared with other items on our website. Feel free to delete your browsing details from your computer, or block cookies. This can be easily done choosing respective browser settings on your personal computer.
6. Submission and Updates of Personal Information
We would like to be able to process your requests and service orders, received at online Store www.e-kanape.lt as effectively and accurately as possible, therefore we kindly ask you to make sure that the personal information, which you submit to the Store, is accurate. Make sure that the information, which you submit through your account registration with the Store www.e-kanape.lt is precise and you update it without delay upon any changes thereto.
7. Third-party Websites
The online Store shall not be responsible for keeping and managing of clients’ personal information, submitted to third-party websites. The online Store shall not responsible for the Privacy Terms and Conditions, nor any activities carried out on third-party websites, even in cases when the client reaches such third-party website through the links provided on the website of the Store www.e-kanape.lt. We recommend that you check separately the Privacy Terms and Conditions of any visited page other than our online Store.
8. Security of Your Personal Information
Clients’ personal information submitted to the online store www.e-kanape.lt shall be kept and managed using secure organizational measures and technologies, which allow for adequate protection of the submitted information against accidental or unauthorized destruction, alteration, disclosure, or any other unlawful actions.
9. Contact us
Submission of your personal data to our website shall be considered as your explicit consent for the online Store www.kanape.lt to keep and manage the submitted data in accordance with the Terms and Conditions established herein.
11. Change of Conditions
The online Store shall, if necessary, reserve the right to fully or partially change these Terms and Conditions, as long as it informs in writing the clients of these changes on the website of the Store www.e-kanape.lt, and (or) directly to clients’ e-mails. Once the Store has informed the clients of changed Terms and Conditions, whether on its website or directly to clients’ e-mail, any use of our services at the online Store www.e-kanape.lt after these changes have taken place will be considered as client’s agreement thereto.
12. Final Provisions
Law of the Republic of Lithuania shall apply to these Terms and Conditions. Should any disputes arise between the online Store and the clients, they shall be resolved by mutual agreement. In case no mutual agreement is reached, the dispute shall be settled according to the procedure established in the laws and in the court of jurisdiction according to the laws of the Republic of Lithuania.