CAERUSMED STANDARD TERMS AND CONDITIONS OF SALE
Effective as of May 1, 2020
1. General provisions.
1.1. These standard terms and conditions of sale contract for the goods (goods) (further in the text referred to as the Terms) is a document binding onto the parties, and setting forth the rights and obligations of the Buyer and the company UAB CaerusMed (company code: 305510896, address: Menulio str. 11 101, LT-04326 Vilnius, Lithuania, further in the text referred to as the Seller), also the conditions of acquisition and payment for goods, the procedure for delivery and return of goods, the parties’ liability, and other provisions related to the purchase and sale of goods from the online shop www.caerusmed.com (further in the text referred to as the Online Shop).
1.2. Natural persons of age and legal entities have the right to purchase goods from the Online Shop.
1.3. These Terms apply to the Buyer’s orders for goods placed with the Online Shop.
2. Rights and obligations of Buyer.
2.1. The Buyer has the right to purchase goods from the Online Shop in compliance with these Terms and the requirements of applicable law.
2.2. The Buyer undertakes to provide correct and full data on the order form of the Online Shop. In the event of change in the data specified in the order form, the Buyer must update them without delay. The Seller does not assume liability for any damages resulting from inaccurate data provided by the Buyer.
2.3. The Buyer commits to the honest and fair use of the Online Shop, without harming its operation or functional stability. If the Buyer breaches this commitment, the Seller has the right to restrict, terminate (discontinue) the Buyer’s ability to use the Online Shop, and the Seller is not liable for any damages the Buyer may sustain as a result.
2.4. The Buyer undertakes to accept goods ordered from the Online Shop and to pay the agreed price for goods and their delivery using the methods of settlement provided for on the Online Shop.
2.5. The Buyer must adhere to the other mandatory requirements set in these Terms and applicable law.
3. Rights and obligations of Seller.
3.1. The Seller undertakes to make reasonable efforts to enable the Buyer to adequately use the services provided by the Online Shop.
3.3. The Seller retains the right to change these Terms due to the reasons including, but not limited to, changes in payment conditions or amendments to applicable law.
3.4. The Seller commits to adhering to all the mandatory requirements set in these Terms and applicable law.
4. Prices of goods.
4.1. Prices of goods are as indicated on the Online Shop.
4.2. Prices of goods may change, but such adjustments will not affect any contracts that have already been concluded.
4.3. Prices of goods do not include delivery costs. The amount of delivery costs indicated on the Online Shop may change.
5. Ordering and payment for goods.
5.1. When visiting the Online Shop, the Buyer selects goods he/she likes, and adds them to the shopping cart. After the shopping cart is formed, the Buyer enters his/her data, necessary for goods purchase and delivery: first name, surname, address to which goods will be delivered, email, phone number, and additional information that may be important when the delivery of ordered goods is made.
5.2. The contract between the Seller and Buyer is considered concluded from the moment when the Buyer forms the shopping cart, specifies the address for goods delivery, selects the method of payment, and clicks on the “Buy” button, and the Seller sends the Buyer an acknowledgment of accepted order to the indicated e-mail address. Each contract made between the Buyer and Seller is stored at the database of the Online Shop.
5.3. The Buyer may settle for goods by one of the methods provided for on the Online Shop.
5.4. If the Buyer chooses to pay for goods by a bank payment method, but no payment is made within 5 (five) business days, the order for goods is cancelled.
6. Delivery of goods.
6.1. When ordering goods, the Buyer must indicate the correct address for delivery of goods.
6.2. The Buyer must accept goods himself/herself. If the Buyer cannot accept goods himself/herself, but goods have been delivered to the address specified by the Buyer, he/she does not have the right to bring complaints about goods being delivered to the wrong person.
6.3. Goods are delivered by an authorized representative of the Online Shop, or a courier service.
6.4. The time limit for delivery of goods depends on the location for delivery indicated by the Buyer, and the selected method of delivery. Delivery within the European Union is usually made in 5-14 calendar days. Time limits for delivery of goods start running from the business day on which the Seller receives payment for goods, except when payment at delivery (if such option is available in the particular country) is chosen. The Buyer agrees that delivery of goods may be delayed in exceptional cases due to the circumstances which could not have been anticipated and are beyond the Seller’s control. In such case, the Seller undertakes to contact the Buyer without delay, and agree on the time periods and conditions for delivery of goods.
6.5. The Seller is not liable for a breach of the time limits for delivery of goods if no delivery is made to the Buyer or goods are not delivered on time due to the fault of the third parties unrelated to the Seller, or due to the circumstances that are beyond the Seller’s control.
6.6. Delivery charges depend on the method of delivery selected by the Buyer and order value at the time of ordering goods.
6.6.1 Delivery charges do not apply for deliveries withing Estonia, Latvia and Lithuania for orders with total cart value exceeding 35 euro.
6.7. When goods are delivered, the Buyer must inspect the received goods and to compare with the data specified in the invoice. When the delivery is made, the Buyer must check if the package of goods is intact. After the Buyer confirms the delivery, it is considered that goods have been duly transferred, and the Buyer does not have any claims to the Online Shop in that respect.
6.8. When goods are delivered and transferred at the address indicated by the Buyer, goods are considered transferred to the Buyer whether goods have been actually accepted by the Buyer, or by any other person accepting goods at the specified address.
6.9. If the outer box of the delivered goods is materially damaged, the Buyer shall not confirm the delivery and shall not accept the goods. In such case the Buyer shall contact the Seller during the same day and provide visible proofs, including photos of the damaged box.
6.10. If the goods themselves are damaged inside the box, the Buyer shall contact the Seller during the same day and provide visible proofs, that include photos of the delivery box, packaging and all goods provided with the shipment.
7. Withdrawing from the contract, returning of goods.
7.1. The Buyer has the right to withdraw from the contract and return the item to the Seller, or have the item replaced or get a refund within 14 (fourteen) days from the transfer of goods purchased from the Online Shop. Non-defective food products, food supplements, cosmetics and toiletries as well as other items included in the applicable statutory list of products not eligible for return cannot be replaced or returned. An item of goods, which is eligible for return, will be replaced within 14 (fourteen) days from its return.
7.2. Goods are considered defective if goods have expired date, contain ingredients prohibited by applicable law, the essential features of goods have changed due to improper storage conditions prior to delivery of goods, are mechanically damaged or their packaging is damaged.
7.3. Having withdrawn from the contract, the Buyer covers the costs of returning goods.
7.4. Goods to be returned or replaced must not be damaged, must retain their presentable look, usable qualities, and must not be used. The item must be returned in its original packaging and the same set as received by the Buyer, and must be accompanied with the acquisition document, and other accessories of goods. If the set of goods is incomplete, damaged, disorderly, or is not appropriately packaged, the Seller has the right to refuse accepting, replacing, and refunding for goods.
7.5. The Buyer has the right to withdraw from the contract by notifying the Seller by e-mail email@example.com, or by returning goods acquired under the contract within the period set forth in these Terms. Having received the notice of withdrawal from the contract, the Seller has the right to ask the Buyer to prove his/her identity.
7.6. Goods are returned to the address to be specified by the Seller.
7.7. Having received goods and assessed their quality, the Seller refunds for goods no later than within 14 days from the return of goods to the Seller.
7.8. The invoice (its number) or, if no invoice was issued, another document evidencing the purchase from the Seller must be provided when returning goods.
7.9. The Seller transfers the refunded amounts to the bank account indicated by the Buyer.
7.10. If goods are delivered to the Buyer after cancelling of the contract: (i) the Buyer must return them to the Seller without delay; (ii) the Buyer is obligated to safeguard goods in due manner until their return to the Seller, and is liable for their damage or use.
8.1. The Buyer is liable for the actions taken when using the Online Shop, including, but not limited to correctness of the data submitted in the order form. The Buyer assumes liability for the consequences resulting due to inaccuracy of the data provided to the Seller.
8.2. To the extent permitted by applicable law, the Seller is released from any liabilities for damages ensuing from the Buyer’s failure to read these Terms (though provided with a possibility to do so) despite the Seller’s recommendations and the Buyer’s obligations.
8.3. The parties are liable for a violation of the contract made when shopping in the Online Shop as prescribed by applicable law.
8.4. To the fullest extent permissible by applicable law, the Seller disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to goods and services listed or purchased in the Online Shop.
8.5. To the maximum extent permitted by applicable law, in no event shall the Seller be liable for any indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if the Seller was advised of the possibility of such damages. Subject to the foregoing, to the maximum extent permitted by applicable law the maximum liability of the Seller shall be limited to the amount paid by the Buyer for any goods or service purchased by you from the Seller in the Online Shop.
9. Exchange of information.
9.1. The Seller sends all the notices to the e-mail address specified in the order form of the Online Shop.
9.2. The Buyer sends all the notices and enquiries to the Seller by the communication means specified in the “Contact Us” section of the Online Shop.
10. Processing of personal data.
10.1. The Buyer may order goods from the Online Shop by filling the order form and entering the personal data and other data needed for order fulfillment.
10.3. The Buyer’s personal data are used for identifying the Buyer, issuing invoices, delivering goods, returning overpayments and/or issuing refunds for goods returned by the Buyer, managing debts, and performance of other contractual obligations, or duties prescribed by the legal acts.
11. Final provisions.
11.1. All materials on the Online Shop, including the website’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (further in the text referred to collectively as the Materials) are the Seller’s property and are subject to and protected by Lithuanian and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (further in the text referred to collectively as the Marks) contained on the website are the sole property of the Seller or its licensors’. The Seller grants you a limited, non exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by the Seller for your personal and non-commercial use only (further in the text referred to as the License). This License remains in effect until this agreement is terminated by either you or us in accordance with this agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by the Seller and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
11.2. Any contract entered into between the Seller and Buyer is subject to these Terms. Any deviations from these Terms are valid only if documented in writing by a mutual agreement between the parties.
11.3. The Seller has the right to assign its rights and obligations under the contract to the third party/parties, but such assignment will not affect the Buyer’s rights and the Seller’s obligations under these Terms. In the event of such assignment, the Seller notifies the Buyer by publishing the information on assignment on the Online Shop.
11.4. The Buyer does not have the right to assign all or part of his/her rights and obligations arising out of these Terms to the third party/parties without the Seller’s written consent.
11.5. If any provision of these Terms is declared as unlawful, invalid or unenforceable by the court, the other provisions of these Terms remain in full effect. Any provision of these Terms which is declared unlawful, invalid or unenforceable only in part or to some extent will remain valid to the extent it has not been declared as unlawful, invalid or unenforceable.
11.6. These Terms are governed by the law of the Republic of Lithuania. Any disagreements arising out of compliance with these Terms are solved through negotiations. If no consensus is achieved, the disagreements are resolved in the procedure set forth by applicable laws of the Republic of Lithuania.
11.7. Complaints. The Buyer may contact the Seller by e-mail firstname.lastname@example.org to express opinion, complaint or feedback. A response to the Buyer’s referral is provided within 10 business days. The Buyer may also submit his/her requests or complaints to the Seller concerning goods purchased from the Online Shop using the communication means and details specified in the “Contact Us” section of the Online Shop.
11.8. Alternative consumer dispute resolution. For the purposes of the implementation of Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes (ADR) the European Commission has launched the Electronic Consumer Dispute Resolution Platform http://ec.europa.eu/odr. If the Buyer is not satisfied with the response received from the Seller regarding its complaint, the Buyer may submit a request/complaint to the competent national consumer rights protection authority or fill out the application form on the ADR platform at http://ec.europa.eu/odr.