Rules for Purchase and Sale of Products
in the Online Store www.tarastelingcollection.com
1. General Provisions
1.1. These Rules for Purchase and Sale of Products (hereinafter referred to as the Rules) shall stipulate the general conditions and rules of the use of the online store www.tarastelingcollection.com. The Rules shall be applied when the Purchaser selects, orders and purchases the products offered in the online store or otherwise uses the online store services.
1.2. www.tarastelingcollection.com is a retailing store intended for a consumer who purchases products for satisfaction of his/her personal, family or household needs which are not in any way associated to business or profession (hereinafter referred to as the Purchaser). The persons, willing to acquire products for their business, shall contact the Seller directly. They shall be subject to these Rules to the extent that the parties have agreed otherwise.
1.3. In the online store www.tarastelingcollection.com, the trade in products is organized, carried out and the related services are provided to the Purchaser by Tara Steling_ who holds a business certificate, registered address: Prancūzų g. 5, Kaunas, Kaunas City Municipality, acting as the Seller.
1.4. For the purposes of the Rules, the Purchaser shall be any person who purchases in the online store www.tarastelingcollection.com. The persons who shall be entitled to use the online store www.tarastelingcollection.com and to perform purchases are the following:
- legally capable natural persons, i.e. the persons who have reached the age of majority and whose legal capability has not been restricted by any court order;
- authorized representatives of legal persons.
1.5. By registering or placing an order the Purchaser shall unconditionally and automatically confirm that he or she is entitled to purchase in the online store www.tarstelingcollection.com . The Seller shall not be liable for verification of the Purchaser’s powers to purchase.
1.6. In conjunction with the order placed by the Purchaser, these Rules shall become an agreement made between the Purchaser and the Seller which is a compulsory legal document to both Parties. The agreement shall be considered as signed when the Purchaser forms and places a product order in the online store www.tarastelingcollection.com performs the payment and receives a confirmation - in accordance with the procedure and terms indicated in the Rules - that the order of the Purchaser was approved and the payment was received.
1.7. The Purchaser shall not be granted a possibility to place a product order in the store if he or she is not familiar with the Rules and (or) does not agree with them. In case the Purchaser does not agree with the Rules or a certain part of them, he or she shall be obliged not to order products from the store. Otherwise it shall be considered that the Purchaser has read and understood as well as agreed unconditionally with all the Rules which constitute the integral part of the agreement of purchase and sale.
1.8. The Seller shall reserve the right to amend, modify or supplement the Rules. When the Purchaser makes a purchase in the online store, the Rules which are valid at the moment of placement of an order shall be applied (they are provided in the website www.tarastelingcollection.com); thus, it is recommended for the Purchaser to familiarize himself / herself with the Rules each time when he or she makes a purchase.
1.9. The Seller shall disclaim any risk or liability and shall be unconditionally exempt from it, if the Purchaser has not familiarized himself / herself with the Rules or has done this only partly even though he or she has been provided with the possibility to do this in the website www.tarastelingcollection.com.
1.10. The Seller shall be entitled to limit the Purchaser’s use of the online store services or to cancel the Purchaser’s registration without any prior notice, if the Purchaser violates these Rules while using the online store, seeks to impair the stability and safety of the online store or due to other reasons considered by the Seller as material and contrary to the principles of the activities of the Seller.
1.11. Under important conditions, the Seller may terminate the activities of the store temporarily or permanently without any prior notice to the Purchaser.
1.12. The ownership rights to the Product shall transfer to the Purchaser from the moment of full payment for the Products.
2. TRADE MARKS AND DOMINION NAMES
2.1 “Tara Steling" is a registered trademark, service mark, and/or trade name of Tara Steling.
2.2. The trademarks, dominion names and all the other distinctive signs contained and/or connected with the Site belong exclusively to the Operator or the respective owners, directly and/or indirectly commercial relations with the Operator.
2.3 Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the Operator’s explicit authorisation in writing, and that of the respective owners.
3. Registration and Processing of Personal Data
3.1. In order to be able to use the online store and to purchase the products offered in the online store, the Purchaser must register himself/herself in the system of the online store by filling the registration form.
3.2. The Purchaser shall be liable for accuracy, correctness and completeness of the data provided in the registration form. If any changes in the data provided in the registration form of the Purchaser occur, the Purchaser must immediately update them. In any case the Seller shall not be held liable for the damages incurred by the Purchaser and (or) any third parties as a result of provision of incorrect and (or) incomplete data by the Purchaser or his/her failure to provide or to update such data in case of occurrence of any changes in it.
3.3. By registering himself / herself, the Purchaser grants the right to the Seller to collect, store, organize, use and manage all and any personal data provided by the Customer directly or indirectly by visiting the website and using its services for the purposes specified in these Rules.
3.4. The personal data provided by the Purchaser will be process in accordance with the requirements established by the Law on Legal Protection of Personal Data of the Republic of Lithuania, other legislation of the Republic of Lithuania regulating processing and protection of such data. When processing and storing the personal data of the Purchaser, the Seller will implement organizational and technical measures to ensure protection of personal data from accidental or unlawful destruction, alteration, disclosure as well as any unlawful processing.
3.5. The Purchaser’s personal data will be used to identify the Purchaser for the following: execution of the products’ sales and delivery; issuing accounting documents; return of overpayments and (or) funds for the Purchaser’s returned products; administration of debts; performance of other obligations under the agreement of purchase and sale; and ensuring the possibility for the Purchaser to use other services of online store. The Purchaser's personal data shall be processed for the purposes of direct marketing only upon the consent of the Purchaser indicated in these Rules.
3.6. The personal data provided by the Purchaser shall be used exceptionally only by the Seller when performing the administration of the online store, delivering the products deliver and (or) providing other services related to the placement and execution of the Purchaser’s order. The Seller shall not disclose the Purchaser’s personal data to any third parties, except for cases when such disclosure is obligatory under the legislation of the Republic of Lithuania.
3.7. In case the Purchaser does not want to receive the Seller’s notices or other offers useful for the Purchaser, he or she may choose not to receive such notices or offers in the registration form. Upon the request of the Purchaser, the Seller shall not use the Purchaser’s personal data for the marketing purposes and shall not send any advertising material or information to the Purchaser, except for those which are necessary for the execution of the order placed by the Purchaser.
4. Prices of the Products, Procedure and Time Limits for Payment
4.1. The prices of the products are indicated in the online store and the formed purchase order in the applicable Lithuanian monetary unit including VAT. The products shall be sold to the Purchaser at the prices valid in the online store at the time of the placement of the order.
4.2. The Purchaser shall pay for the products in one of the following ways:
4.2.1. Payment by using an e-banking service shall mean the advance payment made through an e-banking system used by the Purchaser. In order to use this form of payment, the Purchaser shall have the e-banking contract signed with his/her bank. When making a payment for the products in this way, the Purchaser shall generate the payment order in the e-banking system on the basis of the respective order. The Purchaser shall make a money transfer into the account of the Seller. In this case, the respective bank shall assume the responsibility for safety of the Purchaser’s data at the moment of payment, since all money transactions are made via the bank’s e-banking system.
4.2.2. Payment via an internet bank by using Mokejimai.lt / Paysera / Paypal. When paying for the products in this way, the Purchaser must choose the bank whose e-banking service is available to him / her. The system shall form the payment order with the required details for the Purchaser.
4.2.3. The Purchaser undertakes to pay for the ordered products immediately, not later than within 24 (twenty four) hours from the moment of placement of an order. The order shall be executed and the time limit for the delivery of products shall be calculated only from the moment of receipt of the payment for the products and for their delivery (transportation). The payment shall be considered to be completed when the full payable amount is received and credited in the bank account of the Seller indicated in the payment instructions (if this occurs on a non-business day, the payment shall be considered to be completed on the next business day at 9.00 a.m.). The prices of the products and their delivery shall be calculated for the invoice to be paid by including the VAT amount.
4.4. The Seller shall be entitled to cancel the order of the Purchaser without any prior notice, if the Purchaser does not pay for the products within 24 (twenty-four) hours from the moment of order placement. Money received after cancellation of the purchase shall be returned, unless the parties have agreed otherwise.
4.5. The Seller shall issue the VAT invoice and provide the Purchaser with it by the e-mail address indicated in the Purchaser’s registration form within 3 (three) business days from the receipt of payment and delivery of the products.
5. Batching and Delivery of Products
5.1. The products purchased in the online store will be delivered within 2-5 business days from the day of payment for the products (if money is received on a non-business day, then the time limit for delivery shall be calculated from 9.00 a.m. of the next business day from the receipt of money). The products are delivered in Lithuania and the European Union within 4-10 business days.
5.2. The fee for the delivery of products indicated in the online store page ‘Delivery’ and applicable at the moment of placement of an order shall be applied.
5.3. The Seller shall make every effort to execute the Purchaser’s order in full, however, is not able to and does not provide any guarantees for that respect. If there is no product or its sufficient amount at the place of order batching, the Seller shall reserve the right not to deliver the product or to be late with the delivery.
5.4. Money paid by the Purchaser for the products which have not been delivered shall be repaid to the bank account of the Purchaser which has been used to make payment for the order not later than within 5 (five) business days from the day of refusal to accept the shipment.
5.5. The products ordered by the Purchaser shall be delivered at the address indicated by the Purchaser. The Purchaser undertakes to accept the products by himself / herself or indicate the person who may accept the products in an order.
5.6. In case the Purchaser or recipient is not found at the address indicated in the order, the Seller has the right to give the products to any other person of full age at the indicated address, while the Purchaser has no right to submit any complaints to the Seller concerning the delivery of the products to an inappropriate individual.
5.7. In case the delivery of products is impossible due to the fault of the Purchaser or due to the consequences depending on the Purchaser (e.g. the Purchaser indicated an incorrect address in a product order; the Purchaser is not found at the indicated address, etc.), the products are not sent for the second time (except for the cases when the Purchaser pays additionally for the second delivery of the same product), while the money for the products will be returned after deduction of the delivery fee.
5.8. In all the cases the Seller shall not be responsible for the violation of the terms of the delivery of products if the products are not delivered to the Purchaser or are not delivered in due time due to the fault of the Purchaser or due to the circumstances depending on the Purchaser.
5.9. During the delivery of products the Seller must check the condition of the shipment and the batching (assortment) and quality of the delivered products.
5.10. In case the Purchaser notices that the package of the delivered shipment has been damaged (packages are damaged or there are any other external damages), the Purchaser must mark it in the invoice, delivery note or other document of shipment receipt and transfer (in the Seller’s copy) and notify the Seller. Unless the Purchaser has checked the condition of the shipment and (or) has marked the damages of the shipment in accordance with the procedure stipulated in this clause, the shipment shall be considered to be delivered in an adequate and undamaged condition and the Seller may refuse to accept the complaints with regard to the delivery and quality of the products.
5.11. In the cases when during the receipt of the products the Purchaser notices that the amount of products in the shipment is not appropriate or the delivered products do not correspond with his/her ordered products and this is not indicated in the delivery note or another shipment receipt and transfer, the Purchaser must immediately inform the Seller about it. In case the Purchaser detects that the package of the delivered product has been damaged, he or she shall refuse to accept the poor quality products and shall return them to a courier, and the fact of return of products as well as its reason shall be marked in the invoice, delivery note or other document of shipment receipt and transfer (in the Seller’s copy).
6. Useful Life of the Products
6.1. The specific features of all the products sold in the online store are indicated in general in the description of every product that comes together with such product.
6.2. The Seller shall not be responsible for the fact that the products from the online store may not correspond with the actual size, form and colour of the products due to the specific features of the monitor used by the Purchaser.
7. Withdrawal from the Agreement. Replacement and Return of Products
7.1. The Purchaser shall have the right to withdraw from the agreement of purchase and sale of products made with the online store by giving a written notice to the Seller about this not later than 7 (seven) business days from the day of the delivery of the product only in accordance with the conditions of these Rules. The Purchaser shall provide the Seller with the notice of withdrawal from the agreement in a free form by e-mail at the following address: email@example.com
7.2. Upon submission of the written notice of withdrawal from the agreement, the Purchaser must return the product in its original orderly package, unused, undamaged and merchantable (in case it has already been delivered) not later than within 15 (fifteen) calendar days in accordance with the procedure for replacement of products established in clause 7.6 of the Rules.
7.3. The right provided for in clause 7.1 of the Rules, may be exercised only by the Purchaser who may be recognised in accordance with the Law on Protection of Consumer Rights of the Republic of Lithuania as a consumer, i.e. a natural person who declares his/her intention to purchase, purchases and uses the product or service for satisfaction of personal, family or household needs not associated with business or profession.
7.4. The Purchaser (consumer) shall not exercise the right to withdraw from the agreement provided for in clause 6.1 of the Rules when the agreement has been concluded for the following:
7.4.1. sale and purchase of the products intended for everyday consumption;
7.4.2. unpacked products (products).
7.5. The products with defects or the products free from any defects whose form, size, colour, model or complement is not appropriate to the Purchaser shall be replaced or returned in accordance with the Rules for Return and Replacement of Items approved by the Order No. 217 of the Minister of Economy of the Republic of Lithuania 29 June 2001 and other applicable legislation of the Republic of Lithuania. The products free from any defects listed in clause 18 of Rules for Return and Replacement of Items shall not be replaced and returned.
7.6. The products shall be replaced and returned after having agreed the time and address of collection in advance. All costs related to this shall be covered by the Purchaser. Please contact us with regard to the return of the products by the following e-mail address: firstname.lastname@example.org
7.7. In case of return or replacement of the products acquired in the online store, the Seller shall have the right to demand to fill out the form of return or replacement of products provided by the Seller.
7.8. The products free from defects to be returned or replaced shall be free from any damages and merchantable (labels may not be removed and damaged, the safety films may not be removed, etc.) and may not be used. The product shall be returned in its original package, in the same product set in which it has been received by the Purchaser with the obligatory requirement to provide the product purchase document, warranty card (if any), instructions for use and other product attachments. In case the products are not in a complete set, are damaged, disorderly or has inappropriate packaging, the Seller shall be entitled not to accept the product, not to replace it and not to return the funds for the product paid by the Purchaser.
7.9. Money for the returned products shall be repaid to the bank account of the Purchaser which has been used to make payment for the order not later than within 5 (five) business days from the day of return of the product.
7.10. In the event of any violation of these Rules, the Seller shall be entitled to accept the Product and to return the money for it.
8. Exchange of Information
8.1. The Seller shall send all notices and otherwise contact the Purchaser by using the email address or telephone number provided in the registration form.
8.2. The Purchaser shall send all notices and questions and contact otherwise by e-mail (email@example.com).
9.1. Please be advised that cookies will be stored on your computer when you visit the website of the online store. They are intended for conveyance of information on an electronic communications network. You may delete or block all these cookies in the settings of the browser, however, in such case, some part of the website will not work. By accepting the rules, you agree that the said information would be stored on your computer or device.
10. Final Provisions
10.1. These Rules have been established in accordance with the legislation of the Republic of Lithuania.
10.2. The relationships arising on the basis of these rules shall be governed by the law of the Republic of Lithuania.
10.3. In the event of damage, the guilty party shall reimburse any direct losses incurred by the other party in accordance with the procedure and on the grounds established by the laws of the Republic of Lithuania.
10.4. All disagreements arising the enforcement of these Rules shall be resolved by means of negotiation. In case of failure to reach the agreement, the disputes shall be settled in accordance with the procedure prescribed by the laws of the Republic of Lithuania.