Terms and Conditions
In effect from 7 November 2023
1.General Provisions
1.1. Sale of goods at online store https://padvaiskodistilerija.lt is organised and carried out by private company Padvaisko dvaras UAB (hereinafter referred to as Padvaisko dvaras UAB or the ‘Seller’), registered company No 305465725, VAT ID No LT2100012993117, registered office address Šilo g, 1 A, Glitiškės, Vilniaus r., LT14292 Vilnius, https://padvaiskodisrilerija.lt, telephone +370 698 32031, email: senas@padvaiskas.lt.
1.2. Terms and conditions of the contract for sale and purchase at this online store (the ‘Terms and Conditions’) are binding on the parties to the contract (the Seller on the one part and the Buyer on the other part) as a legal document establishing rights and obligations of the Seller and the Buyer, the terms and conditions of acquisition of and payment for the goods (products) (the ‘Goods’), the terms of delivery and return of the Goods, liability of the parties, and other terms and conditions related to the sale and purchase of the Goods online at https://padvaiskodistilerija.lt (the ‘Online Store’).
1.3. The Goods may be purchased at the Online Store by:
1.3.1. legally competent individuals;
1.3.2. legal entities;
1.3.3. representatives of persons referred to above, duly authorised according to the laws and other legal acts of the Republic of Lithuania.
1.4. The Buyer (i. e. a registered user that has an account on the Online Store) having placed an order for the Goods to the Seller must tick the box ‘I have read and agree to the Terms and Conditions and the Privacy Policy’ to confirm that the Buyer has read and understood the Terms and Conditions, that they are clear to the Buyer and that the Buyer fully agrees to the Terms and Conditions and the personal data processing as stated in the Privacy Policy.
1.5. By confirming his agreement to the Terms and Conditions, the Buyer also:
1.5.1. warrants that the Buyer has the right to buy the Goods at the Online Store in accordance with p. 1.2 of these Terms and Conditions;
1.5.2. represents and acknowledges that the Seller has the right to change, amend or supplement these Terms and Conditions. The Buyer will be informed about such changes, amendments and additions by email using the email address provided in the Buyer‘s account at the Online Store prior to the effective date of the amendments (new version of the Terms and Conditions) and on the website, in the ‘My Account’ section. At each purchase, informing of the Buyer is ensured by requiring the Buyer’s confirmation that he has read and agrees to the updated/amended Terms and Conditions (by ticking the box ‘I have read and agree to the Terms and Conditions and the Privacy Policy’). The new version of the Terms and Conditions will enter into effect after its publication on the website of the Online Store. The version of the Terms and Conditions to which the Buyer agreed at placement of his order at the Online Store is binding on the Buyer; in the case if the Terms and Conditions are amended/supplemented during execution of the Order, such execution will be completed and all rights and obligations of the Seller and the Buyer (related to payment for, delivery and return of the Goods etc.) will be established in accordance with the version of the Terms and Conditions to which the Buyer has expressed his agreement;
1.5.3. Undertakes to provide to the Seller accurate contact details of the Buyer (email address and telephone number) by means of which the Seller or a courier can contact the Buyer (to inform the Buyer about updates to the Terms and Conditions (by email), order status and changes therein, arrival of the courier and other events related to performance of the contract, actions of the Seller and/or courier etc.).
1.6. The Buyer cannot buy the Goods at the Online Store without agreeing to these Terms and Conditions or any part thereof.
1.7. The Seller does not assume any risk or liability and is unconditionally released from any liability if the Buyer has not familiarised himself with these Terms and Conditions in full or in part. Placement of the Buyer‘s order to the Seller for execution is deemed to be a legal fact upon occurrence of which it is deemed that the Seller has taken all actions within the Seller‘s control to enable the Buyer to familiarise himself with the Terms and Conditions while purchasing the Goods at the Online Store.
1.8. The Buyer must read the Privacy Policy adopted by the Seller and published on the website of the Online Store, which is deemed to be a valid annex to the sale and purchase contract and which the Seller may amend and update as stated in p. 1.5.2 of these Terms and Conditions. The Buyer must express his agreement or disagreement to specific methods of processing personal data of the Buyer according to a procedure set forth the Privacy Policy. The Buyer can access the Privacy Policy at https://padvaiskodistilerija.lt/privatumo-politika
1.9. By the settings of his account, the Buyer grants the Seller the right to send information or documents to the Buyer by email. In all cases, responsibility for the provision of a valid email address of the Buyer to the Seller and for the accuracy of the information rests with the Buyer.
1.10. Design, functionalities and trademark of the Online Store and the Goods as well as descriptions thereof are property of the Seller.
1.11. The Seller has the right to remove the Buyer’s account from the Online Store in the case if the Buyer performs actions at the Online Store that are prohibited by the Lithuanian law or commits a material breach of these Terms and Conditions. The Seller will deem that a material breach of the Terms and Conditions has been committed in the following cases:
1.11.1. The Buyer has failed to accept the Goods for at least 5 (five) times during the past 5 (five) months, i. e. during an attempted delivery, there is no one to accept the Goods at the place of delivery specified by the Buyer;
1.11.2. in at least 2 (two) cases, behaviour of the Buyer towards the Seller‘s employees or couriers delivering the goods was disrespectful or violent (physical or psychological violence);
1.11.3. at acceptance of the Goods (alcoholic beverages or energy drinks) that can be sold by the Seller only to persons above certain age, the Buyer has produced a forged personal ID document or another person’s document;
1.11.4. in other cases when the Buyer has committed a gross violation / material breach of these Terms and Conditions.
1.12. In the cases specified in p. 1.11 above, the Buyer is always informed (either upon first violation or subsequent violations if the account has not been removed from the Online Store after the first one) by email using the address provided in the account. The Buyer has the right to provide explanations. The Seller‘s decision to remove the Buyer‘s account from the Online Store is notified to the Buyer by email no later than 10 (ten) days prior to the removal of the account.
2. Ordering the Goods. Conclusion of the Sale and Purchase Contract
2.1. After the Buyer creates his account at the Online Store and/or forms the basket with the Goods, i.e. after placement of the order to the Seller by clicking on ‘Start Order’ and completion of all subsequent steps including confirmation of and payment for the Order, these Terms and Conditions become binding on the Seller and the Buyer as a sale and purchase contract. The sale and purchase contract is deemed to be concluded from the moment when the Buyer, after creating his account and a basket on the Online Store, places the order to the Seller by clicking on ‘Pay’ or another button that unequivocally expresses the Buyer’s intent to purchase the Goods and pay for the order, i. e. for the Goods and services provided by the Seller (e. g. packaging of the Goods, delivery of the order etc. if such services are offered at the Online Store and their description and price are clearly indicated to the Buyer during formation of the order).
2.2. On placement of the order at the Online Store, the Buyer must pay for the Goods and accept them on these Terms and Conditions except as explicitly stated therein or in legal acts (e. g. cancellation of the order, refusal from the Goods etc.).
2.3. The Buyer can order the Goods at the Online Store provided that the Buyer created a user account which has been approved. A user account is created by performing actions to register the account, confirming an agreement to the Terms and Conditions and the Privacy Policy, specifying valid contact details of the Buyer (email address and telephone number), and confirming their validity by means of relevant actions (functions) in the Online Store’s system:
2.3.1. Actions of confirming the email address and telephone number are the validation functions of the Online Store’s system that must be used by the Buyer to confirm the contact details provided by the Buyer, i. e. the Buyer must confirm that the email address and telephone number are valid and functioning and the Buyer has the right to use them. In the confirmation process, the Seller sends confirmation codes to both email address and telephone number of the Buyer. The Buyer enters the confirmation code and/or clicks on the confirmation link as specified in the instructions provided on the website of the Online Store.
2.3.2. An email confirmation code is sent to the Buyer to the email address provided by the Buyer; the user must click on the link and verify, on the website page that opens, that the email address confirmation was successful.
2.3.3. A telephone confirmation code is sent by SMS. The Buyer must enter the code in the Online Store‘s system and verify, on the website page that opens, that the telephone number confirmation was successful
2.3.4. A registered user becomes the Buyer after completing all steps of placement of the order.
2.4. When creating an account and/or changing account details and/or account settings and ordering the Goods, the Buyer must enter, in relevant fields on the Online Store‘s website, personal details of the Buyer required for proper execution of the order and, where necessary, contact details of the person that will collect the order and/or contact details of a legal entity buying the Goods. The Buyer is responsible for ensuring that the data are accurate, correct and complete. In the event of changes in the data provided, the Buyer must update them. The Seller is not liable, in any case, for any damage incurred by the Buyer and/or third parties as a result of provision of incorrect and/or incomplete personal data by the Buyer or the Buyer‘s failure to update or supplement such data.
2.5. Each sale and purchase contract concluded by and between the Seller and the Buyer is stored in the database of the Online Store according to a procedure prescribed by legal acts.
3. Terms of Payment for the Goods
3.1. The Goods will be sold to the Buyer at prices valid as of the moment of placing an order at the Online Store. The prices for the Goods are quoted in euros. Packing fees and delivery fees are not included in the price and are stated separately unless it is explicitly stated otherwise on the Online Store‘s website.
3.2. The Buyer may pay for the Goods by one of the following methods (at his discretion):
3.2.1. At placing his order for the Goods but no later than within 10 (ten) minutes after the ordering which takes place when the Buyer confirms his basket and selects a payment method by clicking on ‘Pay‘. Prepayment for the Goods is made online on selection of payment through an e-banking system or by payment card if the Buyer‘s payment card (its type) allows online payments. In the payment process, the Buyer is directed to a payment platform implemented at the Online Store;
3.2.2. by a bank payment order against a tax invoice issued by the Seller (this payment method can only be used by the Buyers – legal entities);
3.2.3. by other methods implemented/specified at the Online Store;
3.2.4. the Buyer is aware and agrees that no cash payments for the Goods are allowed. The order must be prepaid either at the moment of delivery of the Goods by courier or collection of the Goods at the store (except in the case specified in p. 3.2.2 above when the Goods are acquired by a legal entity).
3.3. On prepayment for the Goods by the Buyer, execution of the order is started and the Goods‘ delivery term begins only after the Seller has received a confirmation of the Buyer‘s payment for the Goods and their delivery from the bank whose e-banking system was used by the Buyer or from the payment operator who serviced the Buyer‘s payment card, or after the Buyer has submitted evidence of his payment. Prices for the Goods and their delivery as stated on the Online Store‘s website are inclusive of VAT. Where the Goods are purchased by a legal entity (and payment is made against a tax invoice under p. 3.2.2 as stated above), execution of the order is started and the Goods‘ delivery term begins immediately.
3.4. In the case of selection of prepayment for the Goods at ordering, the Seller has the right to cancel the order without notifying the Buyer if the Buyer has failed to pay for the Goods within 10 (ten) minutes after the moment of placing the order.
3.5. The Seller will issue a tax invoice and send it to the Buyer by email to the address provided in the Buyer‘s account within 3 (three) working days after delivery of the Goods.
4. Delivery of the Goods
4.1. Trading on the Online Shop is conducted and the Goods are delivered throughout the territory of the Republic of Lithuania.
4.2. Methods of delivery of the Goods:
4.2.1. Through couriers – third parties. The courier – the delivery service provider is VENIPAK LIETUVA, UAB operating under VENIPAK trade name, to which the Seller has the right to disclose the Buyer‘s personal data and the order details, and the Buyer agrees to the disclosure of the data necessary for the execution of the order to a third party, specifically, the Buyer‘s name and surname, telephone number and email address, the address of delivery, information on the basket and/or personal data on the person collecting the order – first name, surname, and telephone number, and grants the right to the Seller to disclose all such data to the courier and the right to the courier to use such data when, for the purposes of execution of the order, the Seller/courier needs to use such data for contacting the Buyer or the person collecting the order as authorised by the Buyer and for delivering the goods to the place of delivery. By agreeing to these Terms and Conditions, the Buyer agrees, inter alia, that the Seller may use, apart from VENIPAK LIETUVA, UAB, any other third party as a courier, on concluding an agreement on delivery services with such third party, and the Seller is not obligated to notify replacement of courier to the Buyer;
4.2.2. collection by the Buyer at one of the Seller‘s collection points at the address selected by the Buyer in the ordering process, during opening hours of the store.
4.3. The Goods are delivered at a charge specified to the Buyer in the ordering process. The Seller may also set a different delivery charge, either temporary or permanent (e. g. deliver the Goods free of charge if the order value reaches a certain amount, or during certain periods etc.). Such charge is published and clearly visible to the Buyer prior to placement of the order and making payment for it.
4.4. The Seller has the right to unilaterally set a minimum basket value, i. e. the minimum amount for which the Buyer has to select and order the Goods at the Online Store to be able to purchase them. The minimum basket amount is clearly specified on the Online Store‘s website. The Goods‘ delivery charge is not included in the minimum basket value. The Seller must inform the Buyer about the minimum basket value in the Online Store‘s website and in the order form.
4.5. The Seller will make every effort to execute the Buyer‘s order in full. In extremely rare cases (in the event of an accident, force majeure or another event when the ordered Goods‘ stock is unexpectedly destroyed or damaged etc.) when the Seller is unable to provide the Goods ordered as a complete set and in sufficient quantity, the Seller will take the following actions:
4.5.1. firstly, the Seller contacts the Buyer by phone and informs him about the shortage of the Goods. The Buyer is informed about his right (1) to receive other Goods in the same order that the Seller can deliver as well as a refund for the lacking Goods; or (2) to refuse from delivery of all or part of the Goods that the Seller can deliver and receive a refund for the price of such Goods and the delivery fee; (3) include in the order another Goods‘ item which is analogous to the ordered Goods or is similar to them by its characteristics (sort, price etc.) to the largest extent possible;
4.5.2. secondly, should the Seller‘s attempt to contact the Buyer by phone fail, the information referred to in p. 4.5.1 above is sent to the Buyer by email; the Buyer is also informed about the time limit for replying to the email or calling the Seller to ensure that the order is delivered at the time chosen by the Buyer;
4.5.3. thirdly, should the Buyer fail to reply to the email referred to in p. 4.5.2 above, the Seller will deliver the remaining Goods (if the order contains other Goods that are available) at the time chosen by the Buyer, and will inform the Buyer by email that the Buyer will be refunded for the Goods not delivered and that the Buyer has the right to return also other Goods in the order (all or part of them) according to a procedure set forth in Section 6 of these Terms and Conditions (‘Withdrawal from the Contract. Exchange and Return of the Goods’).
4.6. If the price of similar Goods selected by the Buyer is lower than the price paid by the Buyer, the difference between the paid amount and the actual price is paid to the Buyer‘s account no later than within 5 (five) working days after delivery of the Goods.
4.7. If the Buyer does not wish to receive similar Goods selected by the Seller, the Buyer may return such Goods to the delivering courier at the time of delivery, with the fact of return noted on a tax invoice, packing list or another document under which the shipment is delivered or the Goods‘ return document.
4.8. After accepting the similar Goods delivered by the Seller, the Buyer can return them later (except the Goods that cannot be exchanged or returned according to the law) according to a procedure set forth in Section 6 of these Terms and Conditions (Withdrawal from the Contract. Exchange and Return of the Goods).
4.9. In the event of the Seller‘s failure to execute the order in full or in part, the money for the Goods paid for by the Buyer but not delivered by the Seller as well as for the Goods returned by the Buyer either at delivery or subsequently is paid to the Buyer‘s account no later than within 5 (five) working days after delivery of the shipment.
4.10. Where a legal entity pays for the Goods after delivery (in the case referred to in p. 3.2.2 above), the legal entity is obliged to pay for the Goods including the Goods that the legal entity returns for any reason at delivery. Money for the Goods returned at delivery and the delivery charge are paid to the legal entity‘s account no later than within 5 (five) working days after delivery of the shipment.
4.11. The Goods ordered by the Buyer that the Buyer has opted to collect himself are delivered to the collection point specified in the order. The Buyer is obligated to collect the Goods, within the time limit selected at placement of the order, himself and to answer calls to the telephone number specified in the account that the Seller or the courier may use in order to agree on the details of execution of the order, accurate time etc. The Seller informs the Buyer that the Goods are ready for collection at the Seller‘s store or collection point by phone (SMS or call) and email. Should the Buyer fail to collect the Goods and does not give other instructions for the transfer of the Goods after the Seller/courier contacts the Buyer by phone and email, or the Seller is unable to reach the Buyer for longer than 2 (two) working days, it will be deemed that the order is cancelled and the sale and purchase contract is terminated. In such a case the Seller will repay to the Buyer the money paid no later than within 14 (fourteen) days after the contract termination day.
4.12. In the case if the Buyer or the person authorised by the Buyer to accept the Goods is not found at the delivery address specified in the Online Store‘s system at the delivery time chosen by the Buyer, the Seller has the right to hand over the Goods to any other adult person at the specified address (alcoholic beverages – to a person who is at least 20 years of age and who is sober).
4.13. Where delivery of the Goods is impossible due to the Buyer‘s fault or for reasons within the Buyer‘s control (the Buyer has specified incorrect address at placement of the order; the Buyer/recipient is not found at the specified address; the Buyer fails to collect the Goods; the person accepting the Goods is a minor (or younger than 20 years in the case of delivery of alcoholic beverages) or has produced an invalid personal ID documents or refused to produce such document (where the Seller must check the accepting person‘s age according to the law or these Terms and Conditions), the Goods will not be resent (except in cases where the Buyer pays for repeated delivery) and the money prepaid for the Goods will be refunded (except the delivery charge). If the Buyer has opted to pay after delivery, the Buyer must compensate the Seller for the costs of delivery.
4.14. The Seller delivers the Goods to the Buyer within the time limit chosen by the Buyer at placement of the order. In exceptional cases delivery can be delayed for unforeseen circumstances beyond the Seller‘s control (natural disasters, traffic accident or another emergency beyond the Seller‘s or his representatives‘ control). In such a case the Seller or the courier must contact the Buyer by phone without delay and agree on all matters related to delivery of the Goods. If the Goods ordered by the Buyer include alcoholic beverages, the whole shipment will be delivered no earlier than at 10.00 a. m. and no later than by 20.00 p. m. on Mondays – Saturdays and no earlier than at 10.00 a. m. and no later than by 15.00 p.m. on Sundays (the Seller has the right to indicate shorter delivery intervals than stated above) within the time limit and on the day chosen by the Buyer (except on 1 September when alcoholic beverages are not delivered)
4.15. The Seller‘s representative (courier) informs the Buyer, within the delivery time limit chosen by the Buyer, by sending an SMS to the telephone number indicated by the Buyer, that the Goods will be delivered shortly. If, on arrival to the address specified by the Buyer, the courier does not find the Buyer or another person that has to accept the Goods in accordance with p. 4.12 above, the courier will attempt to contact the Buyer or such person by phone using the number provided. If the Buyer or such person is not reachable by the said telephone number, the Goods will not be delivered and matters of the refund and the delivery charge will be managed according to the procedure set forth in p. 4.13 above.
4.16. In all cases, the Seller is released from liability for a failure to comply with the delivery time limit if the Goods were not delivered to the Buyer or were delivered late due to the Buyer‘s fault or for reasons within the Buyer‘s control.
4.17. At delivery, the Buyer or the person accepting the Goods must check, together with the Seller/courier, condition of the shipment and completeness (assortment) of the Goods. In the case if checking the Goods at delivery is impossible, the Buyer must check the Goods as soon as possible after delivery.
4.18. Should the Buyer notice that quantity of the Goods in the shipment is incorrect or the Goods delivered do not correspond to the Goods ordered, which is not noted in the invoice, packing list, waybill or another document against which the Goods are transferred and accepted, the Buyer must notify this to the Seller without delay. Having established that the Goods are of poor quality, the Buyer must refuse such Goods and return them to the courier, and note the fact of and the reason for return on the invoice, packing list, waybill or another document against which the Goods are transferred and accepted. If deficiencies of the Goods (quantitative, qualitative, assortment deficiencies etc.) are established after acceptance, the Buyer must notify the Seller by email senas@padvaiskas.lt. Terms and conditions for the Goods‘ exchange and return are set forth in Section 6 of these Terms and Conditions.
4.19. The Buyer can order energy drinks as defined in the Republic of Lithuania Law on Food provided that the Buyer is at least 18 (eighteen) years of age, which the Buyer confirms in the Online Store‘s system by a method specified by the Seller. Energy drinks are delivered to the Buyer (or to another adult person at the Buyer‘s address) or presented to the person authorised by the Buyer to collect the Goods from the store only if the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store) is at least 18 years of age, and a personal ID document evidencing this is produced to the Seller at delivery/collection (passport of a citizen of the Republic of Lithuania or a foreign state, or a personal ID card of the Republic of Lithuania or a foreign state, or a driving license of a new type issued in the Republic of Lithuania after 1 November 2005). Should the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store) fail to produce a personal ID document or produce an invalid document, or should it transpire that the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store) is under 18, the Seller will not transfer the energy drinks to the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store), and it will be deemed that delivery of the Goods (energy drinks) is impossible due to the Buyer‘s fault or for reasons within the Buyer‘s control as stated in p. 4.13 of the Terms and Conditions.
4.20. The Buyer can order alcoholic beverages as defined in the Republic of Lithuania Law on Alcohol Control provided that the Buyer is at least 20 (twenty) years of age and is sober, and the Buyer has confirmed this in the Online Store‘s system by a method specified by the Seller.
4.21. Legal entities can order and buy alcoholic drinks only for corporate entertainment purposes and other purposes permitted by the law. By ordering alcoholic beverages at the Online Store, the Buyer (a legal entity) confirms that the alcoholic beverages are being purchased for corporate entertainment purposes or other purposes permitted by the law and that the legal entity is not subject to any restrictions on such purchase according to Article 17, paragraphs 6 and 7, of the Republic of Lithuania Law on Alcohol Control.
4.22. Alcoholic beverages can be ordered at the Online Store every day but their delivery is only possible on the days and at the times specified in p. 4.14 above, and the Buyer has to select the delivery date and delivery time interval at placement of his order in the Online Store‘s system.
4.23. Article 18, paragraph (4), subparagraphs 2 and 3 establish that in the Republic of Lithuania alcoholic beverages shall not be sold to persons who are intoxicated with alcohol and persons under 20. Prior to selling alcoholic beverages to the Buyer (or another person accepting the Goods at the address indicated in the order), the Seller (or a person authorised by the Seller) first of all assesses sobriety of the Buyer/such person (i.e. whether there are any indications that arouse suspicions that the person accepting the alcoholic beverages is intoxicate with alcohol). In case of any suspicion over sobriety of the Buyer or another person having the right to accept the delivery under these Terms and Conditions, the alcoholic drinks will not be sold to the Buyer/such person. In such a case it will be deemed that delivery of the Goods (alcoholic beverages) is impossible due to the Buyer‘s fault or for reasons within the Buyer‘s control as stated in p.
4.13 of the Terms and Conditions.
Alcoholic beverages are delivered to the Buyer (or another person accepting the Goods at the address indicated in the order) provided that there are no suspicions over intoxication with alcohol and provided that the Buyer (or another person accepting the Goods at the address indicated in the order) is at least 20 (twenty) years of age, and subject to presentation, at delivery/collection of the Goods, of evidence thereof, i. e. a passport of a citizen of the Republic of Lithuania or a foreign state, or a personal ID card of the Republic of Lithuania or a foreign state, or a driving license of a new type issued in the Republic of Lithuania after 1 November 2005). Should the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store) fail to produce a personal ID document or produce an invalid document, or should it transpire that the Buyer (or another adult person at the Buyer‘s address or the person authorised by the Buyer to collect the Goods from the store) is under 20, the Seller will not transfer the alcoholic beverages to the Buyer (or another adult person at the Buyer‘s address), and it will be deemed that delivery of the Goods (alcoholic beverages) is impossible due to the Buyer‘s fault or for reasons within the Buyer‘s control as stated in p. 4.13 of the Terms and Conditions.
5. Warranty and Expiry Date of the Goods
5.1. Characteristics of the Goods sold at the Online Store are provided in the descriptions of relevant Goods.
5.2.The Seller is not liable for slight discrepancies between the colour shade of the Good shown at the Online Store and the actual colour shade due to peculiarities of the monitor used by the Buyer.
5.3. Certain types of the Goods are covered by a limited manufacturer‘s warranty or the Seller‘s warranty, with the specific terms and other conditions of the warranty included in the Goods‘ descriptions and warranty documents accompanying the Goods.
5.4. In cases where an expiry date has been set for the Goods according to the law, the Seller must sell such Goods to the Buyer in such a way that the Buyer is enabled to use/consume such Goods before the expiry date.
6. Withdrawal from the Contract. Exchange and Return of the Goods
6.1.The Buyer has the right to withdraw, without specifying the reason, from the Goods‘ sale and purchase contract concluded at the Online Store (and to exchange the Goods except for the Goods that are not exchangeable and not returnable) by giving the Seller a written notice after placement of the order and no later than within 14 (fourteen) calendar days after receipt of the Goods or:
6.1.1. if the Buyer has ordered more than one type of the Goods and such Goods are delivered separately – after the day when the Buyer has received the last Goods;
6.1.2. if the Goods are delivered in lots/parts – after the day when the Buyer has received the last lot/part.
6.2. In order to exercise the right to withdraw from the Goods‘ sale and purchase contract concluded at the Online Store (and to exchange the Goods except for the Goods that are not exchangeable and not returnable), the Buyer notifies the withdrawal/exchange of the Goods within the time limit specified in p. 6.1 above by writing to senas@padvaiskas.lt, in free form, clearly stating his decision to withdraw from the contract (or his request to exchange the Goods).
6.3. The Buyer must send or transfer the Goods being exchanged or returned to the Seller, without delay but no later than within 14 (fourteen) calendar days after giving the withdrawal notice, to the address Šilo 1A, Glitiškės, Vilniaus r., LT-12492. Any direct costs of the Goods‘ return are borne by the Buyer.
6.4. The Buyer assumes liability for any devaluation of the Goods‘ value due to actions that are not necessary for determination of the Goods‘ type, characteristics and performance.
6.5. The Goods of good quality being returned or exchanged must be intact, must not have lost their marketable appearance (labels not removed or damaged, protective film not removed etc.) and consumption properties, and must be unused. The Goods are returned in their original packaging and as a complete set as received by the Buyer, and accompanied by the purchase documents, warranty card (if issued), user instructions and other accessory documentation. If the Goods are incomplete, are damaged, not in good order or not properly packed, the Seller has the right to refuse to accept, exchange or return the Goods, in which case the Buyer will not be refunded for the Goods. The Goods are deemed to be properly packed when they are placed into an additional external packaging (a box or a bag, wrapped in paper etc.) and the packaging is closed appropriately (e. g. glued). Any breakable/fragile Goods must be additionally protected from shocks by wrapping them in a few layers of paper, cloth or bubble wrap before placing them into external packaging (a box, bag, paper). If the Buyer is returning Goods of poor quality, the Buyer must provide a purchase document.
6.6. The Buyer will be refunded for the Goods accepted by the Buyer but refused subsequently no later than within 14 (fourteen) days after the Buyer‘s notice of return but no earlier than the Seller receives the returned Goods or evidence that the Goods were shipped to the Seller (whichever is earlier), unless the Seller and the Buyer agree otherwise. If the Buyer returns the Goods or submits evidence of shipment on expiry of the 14-day term, the Buyer will be refunded without delay. The Seller will refund the Buyer by the same method which was used by the Buyer for payment, unless the Buyer has explicitly agreed to another method and provided that the Buyer does not incur any additional expenses. The refund is made to the Buyer‘s account from which payment for the Goods was made.
6.7. Should the Buyer wish to return the Goods at the moment of their delivery, the Goods are returned to the Seller’s representative delivering them. The Buyer must complete a return document presented by the Seller‘s representative.
6.8. The right stated in p. 6.1 above may only exercise by the Buyer who is recognised as a consumer under the Republic of Lithuania Law on the Protection of Consumer Rights, i. e. a natural person that seeks to conclude or concludes contracts for purposes other than purposes related to his business, trade, craft or profession (for consumption purposes).
6.9. The Buyer specified in p. 6.8 above may not exercise the right to withdraw from the contract or to exchange the Goods under p. 6.1 of these Terms and Conditions when the contract has been concluded for:
6.9.1. perishable goods or goods with a short expiry term;
6.9.2. packaged goods that have been unpacked after deliver and are unsuitable for return due to health protection or hygienic reasons;
6.9.3. goods that due to their nature are inseparably mixed with other items upon delivery;
6.9.4. alcoholic beverages the price for which is set at conclusion of the sale and purchase contract and which are delivered on expiry of a 30-day period after the contract date, and the actual market value of the beverages depends on market fluctuations;
6.9.5. contracts for packaged video or audio recordings or packaged software that was/were unpackaged upon delivery;
6.9.6. in other cases prescribed by the Civil Code of the Republic of Lithuania and other legal acts.
6.10. Any Goods of poor quality or the Goods of god quality that the Buyer does not like due to their shape, size, colour, model or composition are exchanged or returned according to the Retail Trade Regulations, the Civil Code of the Republic of Lithuania and other legal acts of the Republic of Lithuania.
6.11. The Buyer has the right to exchange any non-food Goods, within 14 (fourteen) calendar days after transfer of the Goods to the Buyer, with analogous items of other dimensions, shape, colour, model or composition. Where a price difference arises from such exchange, the Buyer must pay to the Seller any difference arising from recalculation. The Buyer bears the costs of returning the Goods of good quality. The exchange is performed according to a procedure set forth in p. 6.1 – 6.5 and 6.8 of these Terms and Conditions.
6.12. The Buyer that has purchased goods of poor quality has the rights stated in Article 6.3641 of the Civil Code of the Republic of Lithuania.
6.13. On receipt of the Goods of poor quality, the Buyer must inform the Seller without delay by the method specified in p. 6.2 above. On receipt of such notice, the Seller will send to the Buyer a confirmation of receipt by email. The Buyer must return the Goods of poor quality to the Seller unless the Seller and the Buyer agree otherwise.
6.14. Where the Goods of poor quality are exchanged for the Goods that are different by dimensions, model, type or other characteristics, the Buyer must pay the difference between the price stipulated in the contract and the price for the new Goods as of the moment of exchange. Where the Goods of poor quality are exchanged for analogous Goods and the prices at ordering and at exchange are different, the price favourable to the Buyer will be applied.
6.15. On termination of the contract by the Buyer due to poor quality of the Goods, the Seller must refund the Buyer. In the case referred to in this p. 6.15, the price paid for the Goods will be refunded to the Buyer no later than within 5 (five) working days after the Buyer‘s notice of return but no earlier than on the day of transfer of the Goods to the Buyer or receipt of evidence that the Buyer has sent the Goods to the Seller (whichever is earlier) unless the Seller and the Buyer agree otherwise (e. g. that the Buyer must not return the Goods of poor quality etc.).
6.16. Costs of return of the Goods of poor quality are borne by the Seller.
6.17. On establishing at delivery that the Goods delivered are of poor quality, the Buyer refuses to accept them and returns them to the courier, and the fact of and reason for the return is noted on the invoice, packing list or another document evidencing the transfer and acceptance or return of the Goods.
6.18. Where the Buyer clearly states, on return of the Goods, either of good quality or poor quality, that the Buyer does not request a refund, the money will be used for payment during the Buyer‘s next shopping at the Online Store.
7. Settlement of Disputes
7.1. Any disputes arising from these Terms and Conditions will be resolved by negotiations. In the case of a failure to reach an agreement, the dispute will be settled according to a procedure prescribed by the Lithuanian law.
7.2. The Buyer who believes that the Seller has violated his rights or legitimate interests in relation to purchasing at the Online Store has the right, provided that the Buyer is a consumer under the Republic of Lithuania Law on the Protection of Consumer Rights, to apply to the Seller, and should the Seller fail to satisfy the consumer‘s claim in full or in part, the Buyer has the right to apply to a body for non-judicial resolution of consumer disputes or to court in order to defend his violated or contested rights or legitimate interests.
7.3. Consumers should apply to the Seller by email senas@padvaiskas.lt. Should the Seller fail to reply to the consumer claim within 14 (fourteen) days after receipt thereof, or should the Seller refuse to satisfy the claim, the consumer may apply to a body for non-judicial resolution of consumer disputes, i. e. to the State Consumer Rights Protection Authority (Vilniaus g.25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. 852626751, www.vvtat.lt); regarding foodstuffs quality – to the State Food and Veterinary Authority (Siesikų g. 19, 07170 Vilnius, www.vmvt.lt). The consumer can also complete an online application form on the electronic consumer disputes resolution platform (EGS) http://ec.europa.eu/odr/.
8. Final Provisions
8.1. The Seller sends all notices to the Buyer and contacts him otherwise using the Buyer‘s email address and telephone number provided in the Buyer‘s registration form or the order form.
8.2. The Buyer sends all notices and enquiries to the Seller and contacts him otherwise using the Seller‘s email address senas@padvaiskas.lt and/or telephone No +370 698 32031 and/or writing a message through the online chat facility available at the Online Store.
8.3. In the event of damage, the guilty party indemnifies the other party according to a procedure prescribed by the Lithuanian law.
8.4. The Buyer has the right to cancel his registration at the Online Store at any time.
8.5. These Terms and Conditions have been formulated according to the Lithuanian law.
8.6. Any relationship between the parties arising from the Terms and Conditions is governed by the Lithuanian law.
