Rules for buying and selling goods

Updated version: 2024-08-26

www.odestherapy.lt

RULES FOR PURCHASE AND SALE OF GOODS

1. GENERAL PROVISIONS

1.1. These rules for the purchase and sale of goods, together with other documents specified in these rules (hereinafter referred to as the Rules), are a legal document binding on the Parties, which establishes the rights, obligations and responsibilities of the Buyer and the Seller when the Buyer purchases Goods in the e-shop www.odosterapija.lt (hereinafter referred to as the E-shop). In accordance with the procedure established in these Rules, the Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to accept the ordered goods and pay for them in accordance with the procedure established in the Rules.

1.2. By using the E-shop and ordering Goods in it, as well as by creating an Account, you confirm that you are familiar with these Rules and the Buyer's rights and obligations set forth therein, and you agree to comply with them unconditionally and irrevocably. If the Buyer does not agree to assume and comply with all the obligations set forth in these Rules, the Buyer does not have the right to use the E-shop, register an Account and purchase Goods in it.

1.3. In these Rules, the terms written in capital letters have the meanings specified below: Rules – the Rules presented in this E-shop are a legal document binding on the Parties, which establishes the terms of use of the E-shop and the purchase and sale of the Goods offered therein, as well as the rights, obligations and liability of the Parties for violation of these Rules. Goods – items that are offered for purchase or that are sold to the Buyer through the E-shop administered by the Seller. Seller – UAB “RLT TRADE”, which sells the Goods and administers and maintains the E-shop, legal entity code 306962178, registration address Sakalų g. 33-20, 08108, Vilnius, Lithuania. VAT payer code LT100017070118. Data about the Seller are collected and stored in the Register of Legal Entities, the register manager is the State Enterprise Centre of Registers. More information about the Seller is provided in the About Us and Contacts sections of the E-Store. Buyer – a natural person who uses the E-Store and purchases Goods there for purposes not related to his business, trade, craft or profession (for consumption purposes). Account – the result of the Buyer’s registration in the E-Store, which creates a personal Buyer account that stores his personal data and order history. Personal data – any information collected by the Seller about the Buyer or his representative (natural person) as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Parties – Seller and Buyer.

2. PURCHASE AND SALES AGREEMENT

2.1. A purchase and sale agreement for the purchase of a specific Product is considered concluded from the moment when the Buyer, having created a shopping cart in the E-store, specified a delivery address or registered for an Account, selected a payment method and confirmed that he/she has read these Rules, confirms the order for the Products and pays for it in accordance with the procedure provided for in these Rules.

3. PROCESSING OF PERSONAL DATA

3.1. The Seller processes the Buyer's Personal Data in accordance with the Privacy Policy. The Personal Data Protection and Privacy Policy specifies important provisions of the Rules, therefore it is recommended that the Buyer read them carefully and make sure that all provisions of the Privacy Policy are understandable and acceptable to him, in the Privacy Policy section of the E-store.

4. PRICE OF GOODS AND PAYMENT

4.1. All information about the Product, its price and the manufacturer's warranty period applicable to the Product, if applicable, is indicated in the descriptions of the Products presented in the E-store. The photos of the Products presented in the E-store are for illustrative purposes only and the colors, inscriptions, parameters, dimensions, sizes, functions, packaging and/or any other properties of the Products indicated in them may look different from reality due to their visual characteristics, therefore, the Buyer, wishing to purchase the Product, should in all cases be guided by the information about the Product indicated in the description of the specific Product offered in the E-store.

4.2. The price of the Product in the E-shop is indicated in euros, including the VAT rate valid at that time according to legal acts and other taxes, if applicable, and also indicates the discount applied to the price of the Product, if applicable.

4.3. The Buyer may pay for the Product by one of the following methods offered at the time of placing the order:

• Electronic banking;
• By payment card;
• In other ways specified in the E-store.

4.4. The Seller confirms the order of the Product when the Buyer pays for it in the manner specified in clause 4.3 of the Rules and informs the Buyer about the confirmation of the order of the Product by e-mail specified in his Account.

4.5. By confirming the Rules, the Buyer agrees that in exceptional cases the Seller may not confirm the order for the Product or cancel and cancel the confirmed order for the Product, if due to a technical error in the E-store information systems, correction of obvious (mistake-like) errors or other objective fundamental reasons beyond the Seller's control (with evidence substantiating these reasons), when the Product specified in the Product description is not in the Seller's warehouses and its delivery from the manufacturer will take a disproportionately long time, and/or the specified Product is no longer produced, and/or the price of the Product has changed. The Buyer is immediately informed of the termination of the execution of the Product order or cancellation of confirmation, or of a change in the delivery term, price or other conditions of the Product, at the e-mail address specified in his Account or at the time of ordering the Product. If the delivery terms, price or other conditions of the Product change, the Seller undertakes to immediately contact the Buyer and agree on the terms and other conditions of the Product delivery. Upon cancellation of the order in accordance with the procedure provided for in this clause, the Seller undertakes to refund to the Buyer all amounts paid by him under such cancelled order for the Goods.

4.6. By accepting the Rules, the Buyer agrees that the Goods purchase documents – a VAT invoice – may be provided to him in a physical form at the time of delivery of the Goods. VAT invoices indicate the Seller's details, the selected goods, their quantity, discounts granted, the final price of the goods, including all taxes, and other data required by the legal acts regulating accounting.

5. DELIVERY OF GOODS

5.1. The Product is delivered to the Buyer by one of the following methods selected at the time of placing the Product order:

• Delivery of goods through a network of parcel lockers;
• Home delivery of goods by courier.

5.2. The price of the delivery service is indicated at the time of placing the order for the Product.

5.3. The Buyer, when ordering the Product, choosing the home delivery service, undertakes to indicate the exact delivery address of the Product. If the Buyer does not accept the Product in person when it is delivered to the address specified by the Buyer, the Seller has the right to transfer the Product to another third party located at the address specified by the Buyer, and the Buyer has no right to make claims against the Seller regarding the delivery of the Product to the wrong person.

5.4. The Seller delivers the Goods to the Buyer in accordance with the terms specified in the Delivery Terms section of the E-store. The delivery terms of the Goods do not apply in cases where the Seller does not have the necessary goods in stock, and the Buyer is informed about the shortage of the Goods ordered by him. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of the Goods may be delayed due to unforeseen circumstances beyond the Seller's control. In such a case, the Seller undertakes to immediately contact the Buyer and agree on the delivery terms and other conditions of the Goods.

5.5. During the transfer of the Goods to the Buyer, the Buyer must, together with the Seller's representative or courier, check the condition of the shipment and the Goods, and sign the consignment transfer-acceptance document. After the Buyer signs the consignment transfer-acceptance document, it is considered that the Goods have been transferred in proper condition, without damage, the cause of which is not attributable to a manufacturing defect, and there are no discrepancies in the Goods' configuration (such as can be determined during the external inspection of the Goods). Having noticed that the packaging of the Goods is damaged (crumpled, wet or otherwise externally damaged), the Goods are damaged and/or are of improper configuration, the Buyer must note this in the Goods transfer-acceptance document, in the presence of the courier, and draw up a free-form consignment and/or Goods damage/inconsistency report. If the Buyer fails to perform these actions, the Seller is exempted from liability for damage to the goods, when the basis for such damage is not a manufacturing defect, and for discrepancies in the configuration of the goods, if these discrepancies can be identified during an external inspection of the goods.

5.6. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are transferred to the Buyer.

5.7. If the Buyer has paid for the Goods and the delivery of the Goods, but does not collect the Goods within the specified time or fails to deliver them to the Buyer, the Parties must agree within 5 business days on another delivery time and/or delivery method for the Goods (in which case the additional costs of delivery of the Goods (if any) shall be paid by the Buyer). In the event that the Buyer cannot be contacted within 5 business days or the Goods cannot be delivered to the Buyer again, or the Buyer repeatedly fails to collect the Goods, the order for the Goods is considered automatically cancelled and the money paid for the Goods is returned to the Buyer, after deducting the bank transfer fee (if applicable) and the delivery fee for the Goods (if applicable).

5.8. If the Buyer has not paid for the Goods and does not collect the Goods within the specified time limit or fails to deliver them to the Buyer, the order for the Goods is considered automatically cancelled.

6. RETURN AND EXCHANGE OF GOODS

6.1. The Buyer has the right, except for the exceptions provided for in clause 6.9. of these Rules, within 30 (thirty) calendar days to withdraw from the purchase and sale agreement and return or replace the Goods of suitable quality, in accordance with the procedure for implementing this right set out in clause 6.3 of these Rules.

6.2. The Buyer's right to withdraw from the contract and return or replace the Goods of suitable quality does not apply to purchase and sale contracts (Orders for Goods) due to:

• Goods manufactured according to the Buyer's specific instructions, which are not pre-manufactured and which are manufactured taking into account the Buyer's personal choice or instruction, or for Goods which are clearly adapted to the Buyer's personal needs;
• packaged Goods that have been unpacked after delivery and are not suitable for return for health or hygiene reasons;
• Goods which, due to their nature, are inseparably mixed with other items after delivery.

6.3. The Buyer, who wishes to exercise the right of withdrawal provided for in clause 6.1 of these Rules, must, no later than within Within 30 (thirty) calendar days from the date on which the Buyer accepts the ordered Product or, when more than one Product was ordered in one order of Products, from the date on which the Buyer accepts the last Product ordered in one order of Products, submit to the Seller a free-form request for the return or replacement of the Product by e-mail specified in the E-store, together with a copy of the document confirming the payment for the Product (VAT invoice or payment transaction statement).

6.4. After the Buyer exercises the right to withdraw from the contract in accordance with the procedure established in clause 6.3. of these Rules, the obligations of the Parties to perform the purchase and sale contract shall terminate, except for the Buyer's obligation to return the Goods to the Seller in accordance with the procedure established in clauses 6.5. - 6.6. of these Rules (if the Goods were received before the exercise of the right to withdraw from the contract) and to settle with the Seller for the services provided or goods acquired under additional agreements (if the Buyer was provided with services or acquired goods under additional agreements before the withdrawal from the contract) and the Seller's obligation to return to the Buyer the money paid for the Goods and the costs of its delivery to the Buyer in accordance with the procedure established in clause 6.7. of these Rules.

6.5. If the Buyer exercises the right to withdraw from the contract in accordance with the procedure established in clause 6.3. of these Rules, additional contracts under which the Buyer acquires goods or services related to the concluded purchase and sale contract, and those goods are supplied or services are provided by the Seller or another person in accordance with the agreement with the Seller, are automatically terminated without any additional costs to the Buyer. The Buyer must compensate the Seller proportionally for the services or goods acquired under the additional contracts, provided until the moment when the Buyer submitted a notice of withdrawal to the Seller in accordance with the procedure established in clause 6.3. of these Rules.

6.6. The Buyer, having submitted a request for the return or replacement of the Product in accordance with the procedure provided for in these Rules, must immediately, but no later than within Within 30 (thirty) calendar days from the date of submission of this request to the Seller, send or transfer the returned Goods to the Seller or another person authorized by him at his own expense. The Buyer shall bear all direct costs of returning the Goods.

6.7. If the Buyer returns the Goods in accordance with the procedure provided for in clause 6.6 of these Rules, the Seller shall, no later than within 14 (fourteen) calendar days from the receipt of the returned Goods, after assessing their quality, refund to the Buyer all the money paid by him for the Goods, except for the exceptions set out in clause 6.9 of these Rules, and the costs of its delivery to the Buyer, except for additional costs incurred if the Buyer chose a method of delivery of the Goods that was not the cheapest offered by the Seller.

6.8. The Product returned by the Buyer must be undamaged, in its original, neat packaging (with authentic labels, protective bags and complete set, with all accessories as it was sold, with instructions and a warranty document (if one was provided with the Product), without losing its commercial appearance (labels not damaged, protective film not torn, etc.), and unused.

6.9. The Seller has the right to refuse to accept the Goods returned by the Buyer if the returned Goods do not meet the requirements set out in clause 6.8. of these Rules due to the Buyer's actions that are not necessary to determine the nature, properties and operation of the goods, or when the Goods are not suitable for return on the grounds set out in clause 6.2. of these Rules.

6.10. If the Buyer purchases Goods of inadequate quality, their defects shall be eliminated, poor-quality goods shall be replaced or returned in accordance with the procedure specified below and taking into account the requirements of the legal acts of the Republic of Lithuania.

6.11. If the Buyer has purchased a Product of inadequate quality and has noted this in the Product transfer-acceptance document (see Section 5.5 of the Rules) or the inadequate quality of the Product is manifested by a manufacturing defect that existed at the time of purchase of the Product or non-compliance with the specifications specified by the manufacturer, the Buyer may return the Product and, at his/her option, may demand that the Seller:

• eliminate the defects of the Product free of charge within a reasonable period of time, if the defects can be eliminated;
• reduce the price of the Product accordingly;
• replace the Product with an analogous product of suitable quality, except in cases where the defects are minor or they occurred due to the fault of the Buyer;
• refund the price paid for the Product and withdraw from the purchase and sale agreement, when the sale of a Product of inadequate quality constitutes a material breach of the purchase and sale agreement;
• unilaterally terminate the purchase and sale agreement, except in cases where the defect in the Product is minor, and demand a refund of the price paid.

6.12. The Buyer may choose only one of the methods of protection of his rights provided for in clause 6.11 of the Rules and must declare his choice to the Seller, informing the Seller in accordance with the procedure established in clause 6.13 of these Rules. If the Buyer has chosen the method provided for in clause 6.11 of the Rules, the Seller is unable to implement it, the Seller shall offer an alternative method provided for in clause 6.11 of the Rules. The Buyer shall not have the right to change the chosen method of protection. The Buyer shall not have the right to unilaterally terminate the purchase and sale agreement if the defect in the goods is minor.

6.13. The Buyer, who wishes to exercise the right to return the Goods of inadequate quality provided for in clause 6.11 of these Rules, must submit to the Seller a free-form request for the return of the Goods of inadequate quality by e-mail specified in the E-shop and indicate one of the methods of protection of the Buyer's rights provided for in clause 6.11 of the Rules, as well as, together with the request, submit to the Seller a copy of the document confirming the payment for the Goods (VAT invoice or payment transaction statement).

6.14. The Buyer shall be refunded the money for the Goods of inadequate quality within 14 (fourteen) calendar days after the Seller has received the Buyer's notification about the Goods of inadequate quality, and if the Goods are not returned to the Seller by the Buyer, the term provided for in this clause shall be calculated from the date of return of the Goods to the Seller. By approving these Rules, the Buyer agrees that the money will be refunded to the Buyer's bank account, unless the Buyer and the Seller agree otherwise.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Buyer's rights and obligations:

7.1.1. The Buyer has the right to use the E-Store and purchase Goods in it in accordance with the procedure established in these Rules and to demand from the Seller the fulfillment of the obligations assumed under these Rules.

7.1.2. By using the E-store, creating an Account, and purchasing the Goods offered in the E-store, the Buyer confirms that he is a capable natural person and/or legally represents a third party on whose behalf he acts, and undertakes to:

• provide your correct e-mail address and contact phone number, other contact information that is necessary to use the E-Store as a registered user or to formulate and submit an order for the Product. It is prohibited to register an Account in the E-Store using third-party data;
• not to violate the obligations set out in these Rules and not to abuse the Buyer's rights set out in these Rules;
• to use the E-shop fairly and correctly, not to harm its work and stable operation and/or not to copy the E-shop content, not to remove authors or trademarks from any copies of the E-shop content, not to create an electronic or manually recreated database based on the E-shop content, not to place the E-shop content on other websites, and not to change the content in a document downloaded from the E-shop;
• not to use any automated means and/or additional computer equipment and/or software for viewing and/or saving data, as well as not to use any means intended to process the content and/or design of the E-shop, and/or descriptions and photos of the Goods, or to copy, encrypt, reprogram, transfer, redirect them in a manner not permitted by the E-shop's functionalities;
• to protect the Buyer's login details from third parties, except for persons authorized by the Buyer to represent the Buyer when using the E-store and purchasing Goods there, and to immediately inform the Seller in the event of their loss or in the event that they become known to third parties and/or there has been an unlawful disclosure, theft or unlawful use of the login details.
• to inform the Seller about any changes to the Buyer's data provided for the purposes of registration in the E-store or to independently update them in the Buyer's E-store Account;
• to settle accounts with the Seller for Goods ordered in the E-store and other paid services in accordance with the procedure established in these Rules;
• inspect the purchased Product and make sure that the Product received is the Product ordered by the Buyer, before starting to use it, including its assembly, installation, etc. (for more information, see Section 5.5 of the Rules);
• must comply with other obligations set out in these Rules and the legal acts of the Republic of Lithuania.

7.2. Rights and obligations of the Seller:

7.2.1. The Seller undertakes to comply with the obligations set out in these Rules and to create conditions for the Buyer to properly use the E-store, and to make every effort to ensure that the E-store operates without interruption and is always accessible to Buyers.

7.2.2. The Seller undertakes to respect the privacy of Buyers and to process their Personal Data in strict accordance with the requirements set out in legal acts and the Privacy Policy approved by the Seller.

7.2.3. The Seller has the right, at its discretion, to temporarily restrict or terminate the Buyer's use of the E-store and the purchase of Goods, including by changing any information provided by the Buyer in the E-store, or by deleting the Buyer's E-store Account and prohibiting the Buyer from re-registering in the E-store, when:

• The Buyer violates these Rules and/or performs any other prohibited actions that contradict the legal acts of the Republic of Lithuania and/or good morals and ethical norms, or otherwise violates the rights of third parties;
• The Seller must perform technical maintenance and/or update work on the E-store;
• The Buyer, when using the E-store, may cause (preventively) or cause damage to the Seller, its reputation, other Buyers and/or third parties, and/or when it is necessary to protect the rights and legitimate interests of the Seller, other Buyers and/or third parties.

7.2.4. The Seller has the right, without separate notice to the Buyer, to engage third parties to perform any actions related to these Rules, as well as to transfer its rights and obligations arising from these Rules to third parties.

8. RESPONSIBILITY

8.1. The Seller is liable for the operation of the E-Store and disruptions in the provision of services and any resulting damage to the Buyer or third parties only if such damage was caused by the Seller's intentional actions.

8.2. The Buyer is responsible for illegal actions performed while using the E-store, including but not limited to, for the accuracy of his/her Personal data provided during the Account registration and/or when ordering the Product. The Buyer understands and acknowledges that he/she is responsible for the transfer of his/her data, including Personal data, to third parties. If a third party uses the E-store (using the Buyer's data), the Seller considers this person to be the Buyer and all related obligations fall on the Buyer.

8.3. The Seller is not liable for the failure of the E-store and the failure or improper provision of services and/or damage caused to the Buyer if this occurred due to the fault of third parties or due to circumstances that the Seller could not control and reasonably foresee and prevent the occurrence of these circumstances or their consequences.

8.4. The Seller is exempted from any liability in cases where the Buyer suffers losses due to the Buyer not actually being familiar with these Rules, the Privacy Policy, and/or other information provided to the Buyer in the description of a specific Product in the E-store.

9. FINAL PROVISIONS

9.1. The Parties may exchange information electronically, and such exchange of information will be considered appropriate and equivalent to written documents. All communication related to the use of the E-store services and/or the execution of the Goods purchase and sale agreements shall be carried out as follows:

• The Buyer sends all notifications, requirements, requests and questions to the e-mail address specified in the "Contacts" section of the E-Store;
• The Seller sends all notifications and other information to the Buyer in his Account or to the e-mail address specified when placing the Product order, which is considered to have been received by the Buyer 12 hours after its sending;
• The Buyer is also considered to be duly informed of the Seller's notifications under these Rules if the relevant information is provided to the Buyer by call and/or short SMS message to the telephone number specified in the Buyer's Account or when placing the Product order.

9.2. The Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.

9.3. All disputes arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached within 14 (fourteen) calendar days, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

9.4. The Buyer, who does not agree with the Seller's response to the Buyer's written claim, may submit his/her request/complaint regarding the Product purchased in the E-store to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt , tel. 85 262 67 51, fax: (85) 279 1466, on the website www.vvtat.lt as well as to the territorial divisions of the State Consumer Rights Protection Service in the counties ) or fill out the request form on the ODR platform https://ec.europa.eu/odr/ .