Terms & Conditions
1. Main Provisions
1.1. These terms and conditions of sale (hereinafter referred to as the “Terms”) are a legally binding document for the Parties, outlining the rights, duties, and responsibilities of the Buyer and the Seller when the Buyer purchases goods from the online store vaivaisiulai.lt. The Buyer agrees to the application of these Terms.
1.2. The purchase and sale agreement between the Buyer and the Seller is considered concluded at the moment when the Buyer, after forming a shopping cart in the online store, providing the delivery address, selecting a payment method, and reviewing these Terms, clicks the “Pay” button. The agreement remains valid until all obligations under the agreement are fulfilled.
2. Buyer’s Rights and Obligations
2.1. The Buyer has the right to purchase goods from the online store in accordance with these Terms and applicable laws of the Republic of Lithuania.
2.2. The Buyer is obligated to pay for the goods, as well as any other payments (if such are specified in the contract), and to accept the ordered goods. The Buyer makes payments for the goods using the payment methods specified in the online store.
2.3. The Buyer is obligated to confirm the payment order with their bank online, via a link provided by the online store, or make the payment from any other bank immediately after clicking the “Pay” button. If the Seller does not receive payment information, the Seller has the right to consider that the Buyer has canceled the purchase agreement.
2.4. The Seller considers the Buyer to have paid for the goods from the moment the full amount is credited to the Seller’s bank account.
2.5. If the information provided in the Buyer’s registration form changes, the Buyer is obligated to update it without delay.
3. Seller’s Rights and Obligations
3.1. The Seller has the right to unilaterally change these Terms by posting the new Terms on the online store’s website. The changes are effective from the moment they are published for all transactions concluded after the publication.
3.2. The Seller commits to making efforts to ensure that the Buyer can properly use the services provided by the online store. The Seller does not guarantee that the online store will operate uninterrupted or that the data transmission will be error-free. The Seller is not liable for any losses incurred by the Buyer due to disruptions in the operation of the online store and/or data transmission errors.
3.3. If the Buyer attempts to harm the stability and security of the Seller’s online store or violates their obligations, the Seller has the right to immediately and without warning restrict or suspend the Buyer’s ability to use the online store, or, in exceptional cases, cancel the Buyer’s registration.
3.4. If important circumstances arise and the Seller is unable to deliver the ordered goods to the Buyer, the Seller commits to offering a similar product or refunding the money paid by the Buyer within 3 business days. In this case, the Seller is exempt from liability for the non-delivery of goods.
3.5. The Seller is obligated to deliver the goods ordered by the Buyer to the address specified by the Buyer.
4. Shipping
4.1. The goods are delivered by the Seller or a representative authorized by the Seller.
4.2. The Seller delivers the goods to the Buyer according to the delivery times specified in the product descriptions. These terms are preliminary and do not apply in cases where the Seller’s warehouse does not have the required goods in stock, and the Buyer is informed of the shortage of the ordered items. At the same time, the Buyer agrees that, in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such cases, the Seller commits to contacting the Buyer immediately and agreeing on the delivery conditions.
4.3. In all cases, the Seller is relieved of responsibility for any delay in the delivery of goods if the goods are not delivered or delivered late due to the Buyer’s fault or circumstances beyond the Seller’s control.
4.4. The Buyer is obligated to provide the exact delivery address for the goods. A delivery fee applies, as indicated on the online store’s page and valid at the time of the order submission. The delivery fee may be either fixed or based on the value of the goods ordered by the Buyer.
4.5. The Buyer is obligated to accept the goods personally. If the Buyer is unable to accept the goods, and the goods are delivered to the specified address, the Buyer does not have the right to make claims to the Seller regarding the delivery of goods to an incorrect recipient.
4.6. The Buyer must immediately inform the Seller if the shipment is delivered in a damaged or otherwise compromised package, if unordered goods are delivered, or if there is an incorrect quantity or incomplete product set.
4.7. The Buyer must note any packaging damage, product completeness (assortment), or quantity discrepancies in the delivery document provided by the courier or draw up a separate act regarding these issues. This must be done in the presence of the courier. If the Buyer does not check the packaging, product completeness (assortment), or quantity and does not note these issues in the delivery document provided by the courier, the shipment is considered delivered in proper condition and undamaged.
5. Returns
5.1. Defects of sold goods are remedied, and quality goods are exchanged/returned, while defective goods are exchanged or returned in accordance with the Retail Trade Rules approved by the Government of the Republic of Lithuania, the Civil Code of the Republic of Lithuania, and other applicable laws of the Republic of Lithuania. Money for returned goods is always transferred only to the buyer’s bank account.
5.2. In order to return a quality product(-s) under Clause 5.1 of the Rules, the Buyer can do so within 14 (fourteen) days from the date the goods were delivered to the Buyer, by informing the Seller via email at vaivaisiulai@gmail.com, providing the product name, order number, and the reason for the return. Defective goods can be returned if the defects are identified within the product’s shelf life.
5.3. When returning/exchanging goods, the following conditions must be met:
5.3.1. The returned item must be in its original, undamaged packaging;
5.3.2. The item must not be damaged by the Buyer;
5.3.3. The item must be unused, maintaining its original appearance (untorn labels, unpeeled protective films, etc.) (this condition does not apply if the defective item is returned);
5.3.4. The returned item must be in the same set as when the Buyer received it;
5.3.5. The purchase document for the returned item must be provided.
5.4. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not follow the return procedure set out in Clause 5.3.
5.5. When returning an incorrect or defective product, the Seller is obligated to collect such goods and replace them with suitable, analogous goods.
5.6. The Seller must return the amount paid by the Buyer for the returned items to the Buyer’s account no later than fourteen days from the day the Seller receives the Buyer’s notice of contract cancellation. The Seller may withhold the payment until the goods are returned to the Seller.
5.7. When returning or exchanging quality goods, the delivery costs paid by the Buyer to the Seller are not refunded.
5.8. When returning or exchanging goods, the costs of returning the goods are borne by the Buyer.
5.9. Ordered or custom-made goods cannot be exchanged or returned.
6. Buyer and Seller’s Joint Responsibility
6.1. The Buyer is fully responsible for the accuracy of the personal data provided. If the Buyer does not provide accurate personal data in the registration form, the Seller is not responsible for any consequences arising from this and has the right to claim compensation for any direct damages incurred.
6.2. The Buyer is responsible for actions taken while using this online store.
6.3. The registered Buyer is responsible for transferring their login details to third parties. If a third party uses the services of the online store by logging in with the Buyer’s credentials, the Seller will consider this person as the Buyer.
6.4. The Seller is released from any liability in cases where losses occur because the Buyer, despite being given the opportunity, did not familiarize themselves with these Terms and Conditions, disregarding the Seller’s recommendations and the Buyer’s obligations.
6.5. If there are links to the websites of other companies, institutions, organizations, or individuals in the Seller’s online store, the Seller is not responsible for the information or activities on those sites, does not oversee or control those websites, and does not represent those companies or individuals.
6.6. The Seller is not responsible for the fact that the items shown in the online store may not match the actual size, shape, or color due to the display settings or properties of the Buyer’s monitor.
6.7. In the event of damage, the party at fault must compensate the other party for direct damages.
7. Marketing and Information
7.1. The Seller may, at their discretion, initiate various promotions in the online store.
7.2. The Seller has the right to unilaterally change the terms of promotions, as well as cancel them, without prior notice. Any changes or cancellations of the terms and conditions of promotions apply only to future transactions, i.e., from the moment they are made.
7.3. The Seller sends all notifications using the contact details provided by the Buyer in the registration form.
7.4. The Buyer sends all notifications and questions to the contact information specified in the “Contacts” section of the Seller’s online store.
7.5. The Seller is not responsible if the Buyer does not receive informational or confirmation messages due to internet connection issues or disruptions in the electronic mail service provider’s network.
8. Final Provisions
8.1. These terms and conditions of the sale of goods are made in accordance with the laws and legal acts of the Republic of Lithuania.
8.2. Any disputes arising from the implementation of these Terms shall be resolved through negotiations. If an agreement cannot be reached, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.