1. General provisions
1.1. These terms of sale (the Terms) are a legally binding document for the Parties that sets out the rights, obligations and responsibilities of the Buyer and the Seller when the Buyer purchases goods in the online shop.
1.2. The Seller reserves the right to amend, correct or supplement the Terms at any time, taking into account the requirements of the law. The Buyer is informed on the online shop website. When the Buyer shops in the online shop, the Terms in force at the time the order is placed apply.
1.3. The following have the right to buy in the online shop www.serksnomedus.lt:
1.3.1. natural persons with full legal capacity, i.e. persons who have reached the age of majority and whose legal capacity has not been restricted by a court;
1.3.2. minors aged 14 to 18, only with the consent of their parents or guardians, except where they dispose of their own income independently;
1.3.3. legal entities;
1.3.4. authorised representatives of all the persons listed above.
1.4. By approving the Terms, the Seller also guarantees that, in accordance with clause 1.3 of the Terms, the Buyer has the right to buy goods in the online shop.
1.5. The contract between the Buyer and the Seller is deemed concluded from the moment the Buyer, having filled the shopping cart in the online shop, entered the delivery address, chosen the payment method and read the Seller’s Terms, clicks the “Confirm order” button (see Section 5 “Ordering goods, prices, payment procedure and terms”).
1.6. Each contract concluded between the Buyer and the Seller is stored in the online shop for 1 year from the date of the order.
1.7. The Seller is not liable for and does not compensate the Buyer for any damage incurred as a result of the Buyer’s failure to comply with the conditions set out in the Terms.
2. Personal data protection
2.1. The Buyer can order goods in the online shop:
2.1.1. by registering in this online shop – entering the data requested during registration;
2.1.2. without registering in this online shop.
2.2. When ordering goods in the ways provided for in clause 2.1 of the Terms, the Buyer must enter in the relevant information fields provided by the Seller the personal data necessary for the proper fulfilment of the order: first name, last name, delivery address, phone number and email address.
2.3. By approving these Terms, the Buyer agrees that the personal data provided in clause 2.2 may be processed for the purposes of selling goods and services in the online shop, analysing the Seller’s activities and direct marketing.
2.4. By agreeing to the processing of their personal data for the purpose of selling goods and services in the Seller’s online shop, the Buyer also agrees to receive, at the email address and phone number provided, informational messages necessary to fulfil the order.
2.5. When registering in the online shop and ordering goods, the Buyer undertakes to keep their login details safe and not to disclose them to anyone. If this condition is breached, the Buyer bears full responsibility. Upon learning that their login details have been disclosed, the Buyer shall immediately inform the Seller, who, upon such notice, will block the Buyer’s login. The Parties agree separately on reactivating the Buyer’s registration.
3. Rights and obligations of the Buyer
3.1. The Buyer has the right to buy goods in the online shop in accordance with these Terms and the procedures set out in other information sections of this online shop.
3.2. The Buyer has the right to withdraw from the contract of sale with the online shop by notifying the Seller in writing (by email, stating the item to be returned and its order number) no later than within 7 (seven) working days from the date of delivery, except where the contract cannot be withdrawn from under the laws of the Republic of Lithuania.
3.3. The Buyer may exercise the right provided for in clause 3.2 of the Terms only if the item has not been damaged, its appearance has not changed significantly and it has not been used.
3.4. The Buyer undertakes to accept the ordered goods and pay the agreed price for them.
3.5. If the data provided in the Buyer’s registration form change, the Buyer must update them immediately.
3.6. The Buyer undertakes not to pass their login details to third parties. If the Buyer loses their login details, they must immediately inform the Seller using the contact details provided in the “Contacts” section.
3.7. By using the online shop, the Buyer agrees to these Terms of sale and undertakes to comply with them and not to violate the laws of the Republic of Lithuania.
4. Rights and obligations of the Seller
4.1. The Seller undertakes to provide the Buyer with all conditions for the proper use of the services provided by the online shop.
4.2. If the Buyer attempts to undermine the stability and security of the Seller’s online shop or breaches their obligations, the Seller has the right, immediately and without notice, to restrict or suspend the Buyer’s ability to use the online shop or, in exceptional cases, to cancel the Buyer’s registration.
4.3. The Seller undertakes to respect the Buyer’s right to privacy regarding the personal information provided in the online shop registration form.
4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer. Delivery costs are paid by the Buyer according to the delivery price agreed by the Parties. If the Buyer wishes, the Buyer may collect the goods at the Seller’s premises or at another place specified by the Seller.
5. Ordering goods, prices, payment procedure and terms
5.1. The Buyer can shop in the online shop 24 hours a day, 7 days a week.
5.2. The contract takes effect from the moment the Buyer clicks the “Confirm order” button and the Seller, having received the order, confirms it by sending a confirmation email to the email address provided by the Buyer.
5.3. Prices of goods in the online shop and in the order are shown in euros, including VAT.
5.4. The Buyer pays for the goods in one of the following ways:
5.4.1. Payment via online banking – prepayment using the online banking system used by the Buyer. To use this payment method, the Buyer must have an online banking agreement with one of the following banks: SEB; Swedbank AB; DNB Nord; Parex; Ūkio bankas; Danske Bank; Nordea; Snoras. The Buyer transfers the money to the online shop’s current account. In this case, the respective bank is responsible for data security, as all financial transactions take place in the bank’s online banking system.
5.4.2. Payment by bank transfer – prepayment where the Buyer prints out the order and transfers the money to the online shop’s bank account at the nearest bank branch.
5.4.3. Payment via the mokejimai.lt system. In this case, you will not need to fill in the payment form with the bank details – it will be filled in automatically. You will log in to your bank through the mokejimai.lt system.
5.4.4. In cash. You can pay when the courier delivers the goods to the specified address or when you collect the goods at the pick-up point.
5.5. The Buyer undertakes to pay for the goods without delay. The parcel is prepared, and the delivery period begins, only after payment for the goods has been received.
6. Delivery of goods
6.1. When choosing a delivery service at the time of ordering, the Buyer undertakes to provide the exact delivery address.
6.2. The Buyer undertakes to accept the goods personally. If the Buyer cannot accept the goods personally but the goods have been delivered to the specified address, the Buyer has no right to make claims against the Seller regarding delivery to the wrong person.
6.3. The goods are delivered by the Seller or the Seller’s authorised representative (courier).
6.4. The Seller delivers the goods to the Buyer within 1–5 working days from the date payment is received. These terms are indicative and do not apply where the required goods are not in the Seller’s stock and the Buyer is informed of the shortage. The Buyer also agrees that, in exceptional cases, delivery may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case, the Seller undertakes to contact the Buyer immediately and agree on the delivery conditions.
6.5. In all cases, the Seller is released from liability for missing delivery deadlines if the goods are not delivered, or are delivered late, through the fault of the Buyer or due to circumstances beyond the Seller’s control.
6.6. In all cases, the Buyer must inform the Seller immediately if the parcel arrives in crushed or otherwise damaged packaging, if it contains goods that were not ordered or the wrong quantity, or if the item is incomplete.
6.7. If the Buyer notices damage to the packaging upon delivery, the Buyer must note this in the delivery document provided by the courier or draw up a separate report on the damage. The Buyer must do so in the presence of the courier. If the Buyer fails to do so, the Seller is released from liability to the Buyer for damage to the goods related to packaging damage that the Buyer did not note in the courier’s delivery document.
7. Quality of goods and warranties
7.1. The details of each item sold in the online shop are given in the description next to each item.
7.2. The Seller is not responsible if the colour, shape or other parameters of goods shown in the online shop do not match the actual size, shape and colour of the goods due to the characteristics of the display used by the Buyer.
7.3. For certain types of goods, the Seller provides a quality guarantee valid for a certain period; its specific term and other conditions are stated in the descriptions of such goods.
7.4. Where the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided for by the relevant legislation applies.
8. Returns and exchanges
8.1. Defects in goods sold are remedied, and faulty goods are exchanged or returned, in accordance with the Rules for the Return and Exchange of Goods approved by Order No. 217 of the Minister of Economy of the Republic of Lithuania of 29 June 2001, except where the contract cannot be withdrawn from under the laws of the Republic of Lithuania (see the information on the website of the public institution Vartotojų centras, www.vartotojucentras.lt, “Specifics of returning and exchanging food products”). In all cases, money for returned goods is transferred only to the payer’s bank account.
8.2. To return goods under clause 8.1 of the Terms, the Buyer may do so within 14 (fourteen) working days from the date of delivery by informing the Seller using the contact details provided in the contacts section, stating the name of the item being returned, the order number and the reason for the return.
8.3. When returning goods, the Buyer must comply with the following conditions:
8.3.1. the returned item must be in its original, intact packaging;
8.3.2. the item must not have been damaged by the Buyer;
8.3.3. the item must be unused and must not have lost its commercial appearance (labels intact, protective films not removed, etc.) (this clause does not apply when a faulty item is returned);
8.3.4. the returned item must be complete, exactly as the Buyer received it;
8.3.5. proof of purchase must be provided when returning the item.
8.4. The Seller has the right to refuse goods returned by the Buyer if the Buyer does not follow the return procedure set out in clause 8.3.
8.5. When the wrong item and/or a faulty item is returned, the Seller undertakes to take such goods back and replace them with equivalent suitable goods.
8.6. If the Seller does not have suitable replacement goods, the amount paid, excluding the delivery cost, is refunded to the Buyer.
9. Liability of the Buyer and the Seller
9.1. The Buyer is fully responsible for the accuracy of the personal data they provide. If the Buyer does not provide accurate personal data in the registration form, the Seller is not liable for the resulting consequences and acquires the right to claim compensation for direct losses from the Buyer.
9.2. The Buyer is responsible for actions performed using this online shop.
9.3. A registered Buyer is responsible for passing their login details to third parties. If a third party uses the services of the online shop after logging in with the Buyer’s login details, the Seller considers that person to be the Buyer.
9.4. The Seller is released from any liability where losses arise because the Buyer, disregarding the Seller’s recommendations and the Buyer’s own obligations, did not read these Terms even though they had the opportunity to do so.
9.5. If the Seller’s online shop contains links to websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information there or the activities carried out, does not maintain or control those websites and does not represent those companies and persons.
9.6. If damage occurs, the Party at fault compensates the other Party for direct losses.
10. Marketing and information
10.1. The Seller may, at its discretion, run various promotions in the online shop.
10.2. The Seller has the right to unilaterally, without separate notice, change the terms of promotions or cancel them. Any change or cancellation of the terms and procedure of promotions applies only from the moment it is made.
10.3. The Seller sends all notices using the contact details provided in the Buyer’s registration form.
10.4. The Buyer sends all notices and questions to the phone numbers and email addresses provided in the “Contacts” section of the Seller’s online shop.
10.5. The Seller is not responsible if the Buyer does not receive informational or confirmation messages due to internet connection problems or disruptions in the networks of email service providers.
11. Final provisions
11.1. These Terms of sale have been drawn up in accordance with the laws and legal acts of the Republic of Lithuania.
11.2. All disputes arising from the performance of these Terms are resolved through negotiation. If no agreement is reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania. If a dispute cannot be resolved through negotiation, court proceedings take place according to the location of the Seller’s registered office.