RULES FOR BUYING AND SELLING GOODS IN THE WWW.GETCRANBERRY.COM ONLINE STORE
1. CONCEPTS
1.1. Seller – GETCRANBERRY.COM – UAB “COMPASS TRADE”, a company established and operating in accordance with the laws of the Republic of Lithuania, legal entity code 306129706, registered office address: V. Nagevičiaus st. 3, 08237 Vilnius, Republic of Lithuania, VAT payer code LT100015403610, data about the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania.
1.2. Buyer – a natural or legal person who purchases goods or services in the Store or uses the Store.
1.3. Store – Online store available at www.getcranberry.com.
1.4. Purchase and sale agreement – the purchase and sale agreement of goods concluded between the Buyer and the Seller in accordance with the rules of the Shop.
1.5. Rules – these remote rules for the purchase and sale of goods, which determine the rights and obligations of the Buyer and the Seller, the conditions for the purchase and payment of goods and services offered by the Seller, the procedure for the delivery and return of goods and services, the responsibilities of the parties and others related to the purchase and sale of goods and services In-store related provisions.
2. GENERAL PROVISIONS
2.1. These Rules are a binding legal document that determines the mutual rights, duties and responsibilities of the Buyer and the Seller, as well as other provisions related to the purchase and sale of goods and services offered by the Seller when the Buyer purchases goods or services in the Store.
2.2. The buyer can purchase goods and services in the Store only after familiarizing himself with and agreeing to these Rules. After the buyer confirms familiarization with the Rules, he undertakes to comply with them and execute them. By purchasing goods and services in the Store, the Buyer agrees to the application of the Rules and confirms that he has understood them. In the event that the Buyer has not read and/or understood the Rules or has not agreed with them, he may not purchase goods and services in the Store.
2.4. The seller has the right to change the Rules. Changes to the Rules come into force after they are published in the Store and apply only to those orders placed by the Buyer after the changes to the Rules. The Seller will inform the Buyer about changes to the Rules (e.g. by e-mail or/and by providing information in the Shop’s Buyer’s account, or/and by posting information in the Shop or/and others). If the Buyer uses the Store in any way after the publication of the changes to the Rules, it is considered that he agrees with all the changes to the Rules.
2.5. In the following Rules, the term “goods” includes both goods and services, unless the context clearly indicates otherwise.
3. CONCLUSION OF PURCHASE-SALE AGREEMENT
3.1. The rules are the basis for concluding and executing one-time contracts for the purchase and sale of goods. Upon conclusion of the Purchase-Sale Agreement for a specific item in the manner prescribed by the Rules, the terms of the Rules become the terms of the Purchase-Sale Agreement for such item.
3.2. Only registered Buyers can buy goods in the store. Before registration, the Buyer must also familiarize himself with the Store’s Privacy Policy. When the buyer registers in the Store, he is considered to have familiarized himself with the Privacy Policy.
3.3. Registration is done by filling out the registration form and providing the necessary data (hereinafter – Registration data). The buyer is responsible for the correctness, confidentiality and/or preservation of the Registration data.
3.4. In order to purchase goods, the Buyer places an order in the Store by filling out the electronic order form in the Store and submitting it to the Seller.
3.5. The purchase-sale agreement between the Buyer and the Seller is considered concluded when the Buyer, having familiarized himself with the Rules, submits an order for the product and pays for it. If the order is not paid, the contract is considered not concluded.
3.6. The purchase-sale agreement is valid until the full fulfillment of the obligations. The purchase-sale contract is considered completed when the goods are transferred to the Buyer in accordance with the procedure established by the Rules and legal acts of the Republic of Lithuania.
3.7. By concluding the Purchase-Sale Agreement, the Buyer undertakes to pay the price of the goods and accept the goods ordered in the Store. After paying for the order, you will no longer be able to add more items to the same order. To order additional items, you must place a new order with the Seller.
4. RIGHTS AND OBLIGATIONS OF THE BUYER
4.1. The buyer has the right to:
4.1.1. buy in the Store in compliance with the Rules, other instructions of the Seller and legal acts of the Republic of Lithuania;
4.1.2. The Buyer has the right to refuse the Purchase-Sale Agreement concluded in the Store by notifying the Seller in writing no later than within 14 (fourteen) days in accordance with the procedure established by the Civil Code and these Rules;
4.1.3. to ask the Seller to repair or replace poor-quality and/or improperly assembled goods, to proportionally reduce the price of poor-quality and/or improperly assembled goods,
whether to terminate the Purchase-Sale Agreement and return the goods, use the guarantees applicable to the goods;
4.1.4. other rights provided for in the Rules and/or applicable legal acts.
4.2. The buyer undertakes:
4.2.1. pay the price of the ordered goods and their delivery, as well as other payments (if specified when concluding the contract) and accept the ordered goods;
4.2.2. upon receiving the goods to inspect and check them, as well as to inform the Seller in accordance with the procedure established by the Rules about damage to the shipment, clearly visible defects of the goods, non-compliance of the product model and equipment with the Buyer’s order;
4.2.3. check whether the purchased product is of good quality and inform the Seller (tel. +370 67448449 or e-mail: info@getcranberry.com) about the observed defects in the quality of the product, which could not be noticed during the transfer of the product;
4.2.4. after choosing the method of picking up the goods in the Goods issuing department, pick up the goods at the time specified by the Seller;
4.2.5. after choosing the goods delivery service or other services offered by the Seller, to enable them to be provided, as well as to properly pay for such services;
4.2.6. to pay the costs of returning the goods, if they are borne by the Buyer in accordance with the procedure established by legal acts;
4.2.7. to immediately update the information if the Buyer’s Registration data, goods delivery data have changed;
4.2.8. not to use the Store in an illegal way, including, but not limited to, in a way that may endanger the proper operation, security, integrity of the Store or limit the ability of other persons to use the Store;
4.2.9. to comply with other requirements established in the Rules and legal acts of the Republic of Lithuania.
5. SELLER’S RIGHTS AND OBLIGATIONS
5.1. The seller has the right to:
5.1.1. to cancel the Buyer’s registration, if the Buyer violates the essential Rules, in particular – by his actions or inaction, he threatens or causes damage to the Seller, other Buyers or third parties, the stability or security of the Store;
5.1.2. temporarily or completely stop the operation of the Store, change the Store or its individual parts, all and any of its content, change the Internet address of the Store operation or / and, taking into account the technical capabilities of the Store system, has the right to limit the number of registered Buyers; however, this will not affect the Purchase and Sale Agreements concluded by the Buyer and their implementation until the Seller’s decision to perform these actions;
5.1.3. change the Rules, product prices, purchase conditions and/or any other instructions related to the Store by announcing the changes in the Store; however, the changes will not affect the Purchase and Sale Agreements concluded by the Buyer and their implementation until the Seller’s decision to perform these actions;
5.2. The Seller undertakes to respect the privacy of the Buyer, to protect the confidentiality of his data, except for the cases specified in the laws of the Republic of Lithuania and/or the Privacy Policy of the Store.
6. PRICES AND PAYMENT OF GOODS
6.1. The prices of the goods in the Shop and/or in the order are indicated in euros with value added tax included.
6.2. Additional discount codes are not valid for products that already have a discount (discounts do not add up).
6.3. Goods are sold to the Buyer at the prices valid in the Store at the time of placing the order. The specific price of the goods and the amount to be paid for the goods are shown to the Buyer after creating the goods basket. If the Buyer does not agree with the indicated price, he cannot continue the order procedure and order the goods.
6.4. The price of goods does not include the price of goods delivery and the price of services that can be ordered separately by the Buyer from the Seller. The delivery service and other services are paid, unless the Store clearly states otherwise. The prices of these services and their calculation and payment procedure are specified in the Store.
6.5. Additional discount codes are not valid for products that already have a discount (discounts do not add up).
6.6. Goods purchase documents – order information, VAT invoices, are provided to the Buyer on a durable medium electronically in the Buyer’s account, from which the Buyer can download and/or print them. These electronic purchase documents are valid without the signature of the Seller and/or the Buyer.
6.7. By approving the Rules, the Buyer agrees that in exceptional cases the Seller may not confirm the Product order or cancel and cancel the confirmed Product order, if due to a technical error in the Store’s information systems, the correction of obvious (inadvertent) errors or other objective and essential reasons beyond the Seller’s control, such as the specific Product is not in the Seller’s warehouses and/or its delivery from the manufacturer will take a disproportionately long time, and/or the specified Product is no longer produced, the price of the Product or its related costs has changed, or the Seller has lost the right to sell the Products. The Buyer is immediately informed about the termination of the execution of the Product order or the cancellation of confirmation, or about the changed delivery term of the Product, its price or other conditions, by the e-mail specified in his Account or at the time of ordering the Product. postal address. If the Product delivery terms, price or other conditions change, the Seller undertakes to immediately contact the Buyer and coordinate the Product delivery terms and other conditions. Upon cancellation of the order in accordance with the procedure provided for in this point, the Seller undertakes to return to the Buyer all amounts paid by him in accordance with such canceled order of the Product.
7. DELIVERY OF GOODS
7.1. The price of the product delivery service (if applicable) is indicated at the time of placing the order for the product.
7.3. After the Buyer chooses the delivery service, the delivery price is indicated to the Buyer at the end of the order process, after creating the shopping cart and specifying the delivery address, before choosing the payment method and/or making the payment. The cost of delivery of the goods is paid in advance, together with the payment for the goods.
7.4 The Seller delivers the Goods to the Buyer in accordance with the terms and conditions specified in the Shop section https://www.getcranberry.com/delivery/. The terms of delivery of goods do not apply in cases where the necessary goods are not available in the Seller’s warehouse, 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 goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery terms and other conditions of the Goods.
7.5 The Buyer, choosing the service of delivery of the Product to the address specified by him during the ordering of the Product, undertakes to specify the exact delivery address of the Product. If the Buyer does not personally accept the Product 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 does not have the right to make claims against the Seller regarding delivery of the Product to the wrong entity.
7.6 During the delivery of the goods to the Buyer, the Buyer must check the condition of the shipment and the Goods. Having noticed that the Product’s packaging is damaged (crumpled, wet or otherwise externally damaged), the Product is damaged and/or has inappropriate components, the Buyer must note this in the Product transfer – acceptance document, in the presence of the courier, and in the case of physical collection of the Product at the Seller’s warehouse, to the Seller’s representative, and draw up a free-form shipment and/or Product violation/nonconformity report. If the Buyer does not perform these actions, the Seller is released from responsibility for damage to the goods, when the basis for the occurrence of such damage is not a factory defect, and for inconsistencies in the set of goods, if these inconsistencies can be determined during an external inspection of the goods.
7.7 The risk of accidental loss or damage of the goods passes to the Buyer from the moment the Goods are handed over to the Buyer.
7.8 The Buyer, who has chosen the option of picking up the goods during the order, undertakes to accept the goods from the Seller himself. When handing over the goods, the Buyer may be asked to provide an identity document, as well as information about the order sent by the Seller to the Buyer.
7.9 The Seller is released from responsibility for the violation of the deadlines for the delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to circumstances beyond the Buyer’s control.
8. GOODS QUALITY AND WARRANTY
8.1. The characteristics of the goods for sale are indicated in the description of each item. If the characteristics or properties of the goods are indicated differently and contradict each other in the name and description, it is considered that the correct information is given in the description of the goods.
8.2. The Buyer is informed that due to the characteristics of the electronic devices used by the Buyer, the technical parameters of the electronic devices set (e.g. the screen resolution of the computer used by the Buyer, etc.) or other technical reasons beyond the control of the Seller̨, the goods in the store and visible through the Buyer’s electronic devices have their own parameters may not fully correspond to the actual characteristics of the goods specified in the Store (e.g. shades), taking into account minor possible discrepancies in the appearance of the goods.
8.3 The quality guarantee provided by the seller does not limit or constrain the rights of consumers, which are established by the legal acts of the Republic of Lithuania after purchasing a product or service of inappropriate quality.
9. RIGHT TO WITHDRAW THE AGREEMENT. RETURNING THE GOODS
9.1 The buyer has the right, without specifying a reason and incurring no other costs, except for 9.9 of these Rules. the exception provided for in paragraph 1, within 14 calendar days to refuse the purchase-sale contract and to return or replace the Goods of suitable quality, in accordance with the procedure for the implementation of this right established in this section of the Rules.
9.2 The buyer’s right to withdraw from the contract and return or exchange Goods of suitable quality does not apply to sales contracts (Orders of Goods) due to:
9.2.1 for Goods manufactured according to the Buyer’s special instructions, which are not pre-manufactured and which are manufactured taking into account the Buyer’s personal choice or instruction, or for Goods that are clearly adapted to the Buyer’s personal needs;
9.2.2 packaged Goods that have been unpacked after delivery and are unsuitable for return due to health protection or hygiene reasons;
9.2.3 Goods which, due to their nature, are inseparably mixed with other items after delivery
9.2.4 Goods specified by the Government of the Republic of Lithuania in 2001 June 11 resolution no. 697 “On Approval of Retail Trade Rules” (Gazette, 2001, No. 51-1778; TAR, 2014-07-28, No. 2014-10565) p. 17.
9.3 The buyer who wishes to implement 9.1 of these Rules. the right to withdraw from the contract provided for in point 1, has no later than 14 days from the day the Buyer accepts the ordered Product (if more than one Product was ordered in one order of Goods, then from the day the Buyer accepts the last product), submit to the Seller specified in the Store email by mail, a free-form request for the return of the Product or its replacement together with a copy of the document confirming the payment of the Product (VAT invoice or payment transaction extract), indicating the bank account to which the funds to be returned by the Seller must be transferred (if any).
9.4 For the buyer, 9.3 of these Rules. after exercising the right to withdraw from the contract in accordance with the procedure set forth in paragraph 1, the obligations of the Parties to perform the purchase-sale contract expire, except for the Buyer’s obligation under 9.5 of these Rules. – 9.6. to return the Product to the Seller in accordance with the procedure set out in clauses (if the Goods were received before the right to withdraw from the contract was exercised) and settle with the Seller for the services rendered or goods acquired under additional contracts (if the Buyer was provided with services before the contract was withdrawn or he acquired goods under additional contracts) and the Seller’s obligation 9.7 of these Rules. to return to the Buyer the money paid for the Product and the costs of its delivery to the Buyer in accordance with the procedure established in point
9.5 For the buyer, 9.3 of these Rules. after the exercise of the right to withdraw from the contract in accordance with the procedure set forth in paragraph 1, additional contracts related to the concluded sales contract, according to which the Buyer purchases additional goods or services provided by the Seller or another person in accordance with the agreement with the Seller, are also terminated automatically and without any additional costs to the Buyer. The Buyer must compensate the Seller proportionately for the services or goods acquired under additional contracts, provided until the moment when the Buyer complies with Article 9.3 of these Rules. provided the Seller with a notice of withdrawal from the contract in accordance with the procedure set forth in point
9.6 In the event that material Goods are returned, the Buyer, having submitted a request for the return or replacement of the Goods in accordance with the procedure provided for in these Rules, must immediately, but no later than within 14 days from the date of submission of this request to the Seller, send or deliver the returned Goods to the Seller at his own expense at the address : Fabijoniškių st. 99, LT-07101, Vilnius. The buyer is responsible for all direct costs of returning the goods.
9.7 The Seller returns to the Buyer all the money he paid for the Goods and the reasonable costs of returning the Goods (if the Buyer incurred them), except for 9.9 of these Rules, no later than within 14 days of receiving the properly returned Goods. the exception established in paragraph The money to the Buyer is returned to the Buyer’s bank account, which must be specified in the Buyer’s application in accordance with 9.3. point.
9.8 The Product returned by the Buyer must be undamaged, in its original, neat packaging (with authentic labels, protective devices and complete set, with all accessories as it was sold, with instructions and documents (if such were provided together with the Product), without losing its merchandise appearance or properties, and unused.
9.9 The Seller has the right to refuse to accept the Product returned by the Buyer, if the returned Product does not comply with these Rules 9.8. 9.2. on the grounds provided for in point
9.10 If the Buyer has purchased Goods of inappropriate quality, their defects shall be removed, poor-quality goods shall be replaced, returned in accordance with the procedure specified below and taking into account the requirements of the legal acts of the Republic of Lithuania.
9.11 If the Buyer has purchased a Product of inadequate quality and has informed the Seller about it, or the Product’s inadequate quality is manifested by a manufacturing defect that was present 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 option, may demand that the Seller:
9.11.1 eliminate defects in the Product free of charge within a reasonable period of time, if the defects can be eliminated;
9.11.2 reduce the price of the Product accordingly;
9.11.3 replace the Product with an analogous product of suitable quality, except in cases where the defects are minor or were caused by the fault of the Buyer;
9.11.4 return the price paid for the Product and refuse the purchase-sale agreement, when the sale of the Product of inappropriate quality is a fundamental violation of the purchase-sale agreement;
9.11.5 to unilaterally terminate the purchase-sale contract, except in cases where the lack of the Product is insignificant, and demand the return of the price paid.
9.12 The buyer can choose only one of the Rules 9.11. of the means of defending his rights provided for in point 9.13 of these Rules and must declare his choice to the Seller by informing the Seller. according to the procedure set out in point If the Buyer chooses Rule 9.11. the method provided for in point 1, the Seller does not have the opportunity to implement it, the Seller offers an alternative to Rule 9.11. the method provided for in point The buyer does not have the right to change the chosen remedy. The buyer does not have the right to unilaterally terminate the sales contract if the defect in the product is insignificant.
9.13 The buyer who wishes to implement 9.11 of these Rules. the right to return a Product of inadequate quality, provided for in point, must be submitted to the Seller at the e-mail specified in the Store. send a free-form request for the return of a Product of inadequate quality by mail and specify one of the Rules 9.11 of your choice. of the methods of protection of the Buyer’s rights provided for in point, and together with the request, submit to the Seller a copy of the document confirming the payment of the Product (VAT invoice or payment transaction extract).
11. DISCOUNTS AND PROMOTIONS
11.1. The seller can, at his discretion, initiate various promotions, apply discounts in the Store. The discounts and promotions applied in the store do not have to coincide with the discounts and promotions applied in the Seller’s physical store.
11.2. Detailed information related to discounts or promotions is provided in the Store when a specific promotion or discount is applied.
11.4. When the Buyer purchases a product for which the Seller gives a certain discount or gift, and the Buyer uses the provided right to return the product, only the amount he actually paid for the product is returned to the Buyer.
11.5. The seller has the right unilaterally, without separate notice, to change the conditions of application of promotions or discounts, as well as to cancel them. Any changes or cancellation of the order of promotions and discounts are valid from the moment of their publication and do not apply to Purchase and Sale Agreements already concluded with the Buyer and their execution.
12. LIABILITY OF THE PARTIES
12.1. The buyer must provide his personal data when registering in the store. The buyer is responsible for the correctness of the registration data. If the Buyer does not provide personal data or/and does not provide accurate Registration data, or/and does not update them in time, the Seller is not responsible for the consequences of the Buyer or third parties.
12.2. The buyer is responsible for transferring Registration data to third parties. If the services provided by the Store are used or goods or services are purchased by a third person who has connected to the Store using the Buyer’s login data, the Seller considers this person to be the Buyer and all related responsibilities rest with the Buyer.
12.3. The Seller is released from any responsibility in cases where the losses occur due to the fact that the Buyer, regardless of the Seller’s recommendations and his obligations, did not familiarize himself with the Rules and / or the Purchase-Sale Agreement, or other information provided to the Buyer in the Store in the description of a specific Product, even though such an opportunity was available to him was granted.
12.4. The Seller is not responsible for non-fulfillment of the Purchase-Sale Agreement and/or non-delivery or late delivery of goods, if this occurred due to the fault of third parties or due to circumstances that the Seller could not control and reasonably foresee at the time of the conclusion of the Purchase-Sale Agreement and could not prevent these circumstances or their consequences occurrence (force majeure circumstances). If the specified circumstances last longer than 1 (one) month, the parties may terminate the Purchase-Sale Agreement by mutual agreement.
13. PROVISION OF INFORMATION
13.1. The Seller sends all notifications and other information to the Buyer to the e-mail address specified by him. It is considered received by the Buyer 3 (three) hours after it was sent.
13.2. The Seller is not responsible for any disruptions in the Internet connection, e-mail service providers’ networks, due to which the Buyer does not receive e-mails from the Seller.
13.3. The Buyer sends all messages, demands, requests and questions to the contacts specified in these Rules, as well as to the contact addresses specified in the “Contacts” section of the Store.
14. FINAL PROVISIONS
14.1. All information that is presented on the Seller’s Store website, including, but not limited to, these Rules, information about the Seller, the offered goods and services and their features, the procedure for implementing the Buyer’s right to refuse the Purchase-Sale Agreement, the Seller’s product maintenance services and guarantees (if they are provided ), is deemed to have been submitted to the Buyer in writing.
14.2. The Law of the Republic of Lithuania applies to the Rules and the Purchase-Sale Agreement between the Buyer and the Seller.
14.3. The Seller may at any time transfer its rights and obligations arising from these Rules to third parties without the Buyer’s consent, but ensuring that if the Seller transfers its rights and obligations to third parties, the Buyer’s position will not deteriorate and the scope of rights and obligations remains unchanged.
14.4. All disagreements between the Buyer and the Seller regarding the Rules are resolved through negotiations. If the parties do not resolve the dispute through negotiations within 15 (fifteen) days, the disputes are finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
14.5. The buyer (user) can submit a request and/or complaint regarding the goods or services purchased in the Store to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax 8 5 279 1466, e-mail service @vvtat.lt, on the website www.vvtat.lt, for its territorial divisions in counties) or fill out the application form on the Electronic Consumer Dispute Resolution Platform, available at http://ec.europa.eu/odr/. This condition does not apply to Buyers – entrepreneurs.
14.6. The version of these Rules is considered the first (initial).