Terms & conditions
- In this document, the Store is the e-commerce website www.babydiva.lt.
- In this document, the Administrator or the Seller is the company that administers the store and sells goods in it, the details of which are: MB Garde-robe Boutique, company code 305729438 (head office address: Verkių st. 29H, LT-09108 Vilnius, phone: +370 689 62 474, e-mail address: email@example.com), (hereinafter – Administrator).
- In this document, Goods are the goods and/or services delivered and sold in the Store. Those goods and/or services that may be presented in the Store on banners and/or information sections with links to other websites or information sources are not considered goods.
- In this document, User is a Store visitor who visits the Store for any purpose, device and at any time of the day.
- In this document, Buyer is an User who purchases or has already purchased Store Goods.
- The rules for the use of this Store and the purchase and sale of goods (hereinafter – the Rules) are a legal document binding on the Parties, which determine the rights, duties and responsibilities of the User (Buyer) and the Administrator (Seller) when using the Store and purchasing Goods in the Store.
- All Users have the right to register and create their own personal account and execute orders in the Store.
- In this document, the Agreement is a contract for the purchase and sale of Goods between the User (Buyer) and the Administrator (Seller), which is automatically considered concluded from the moment the User (Buyer) selects the Goods in the Store and creates a Shopping Cart, specifies the Buyer’s data and the delivery address of the Goods, chooses the preferred payment method, familiarizes himself with these Rules and confirms this by checking the “I have read and agree to the Store Rules” box and clicking the “Confirm order” button.
- The information of each Agreement concluded between the Buyer and the Seller is stored in the Store’s database. After registering and creating their personal account, Users have the opportunity to log in to their personal account at any time and receive information about completed and ongoing orders. Registering and creating an account is optional, but a recommended action for the Seller User.
- In this document, the Delivery address is the delivery address of the Buyer’s goods, which is specified by the Buyer when concluding the Agreement and choosing the preferred method of delivery of the Goods.
- In this document, the Delivery Term is the time from the conclusion of the Agreement and receipt of confirmation of the Buyer’s payment to the final delivery of the Goods ordered by the Buyer. In the store’s Product information, this time is indicated approximately, taking into account the balance of the Products in the warehouses of the Seller and their suppliers.
- In this document, Personal Data is the personal data of Users (Buyers) (names, surnames, telephone and e-mail addresses of natural persons, Delivery addresses and other personal information), which Users (Buyers) can register in the Store in the following cases:
- by registering in the Store and creating your personal account and entering the data requested in the Store’s registration form;
- when purchasing Goods and entering the data requested in the Shop’s Goods order form;
- by registering in the Store’s newsletter receiving lists and entering the data requested in the Store’s newsletter registration form;
- registering and/or participating in promotions (sales, games, etc.) organized by the Store and entering the data requested in the registration forms for such promotions of the Store;
- in other possible cases.
Buyer’s rights and obligations
- The Buyer has the right to use the Store only under the conditions and procedure specified in these Rules and in compliance with the requirements of the legal acts of the Republic of Lithuania.
- By purchasing goods and thereby confirming their purchase and sale Agreement, the Buyer undertakes to pay the price of the Goods indicated to the Seller in accordance with the provisions of the “Ordering and payment of goods” section of these Rules and to accept the ordered goods from the Seller in accordance with the provisions of the “Delivery and collection of goods” section of these Rules.
- The buyer is fully responsible for the correctness of the personal data provided by him. If the Buyer does not provide accurate Personal or Delivery address data, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation from the Buyer for direct losses incurred by the Seller (for example, reimbursement of re-delivery costs when the shipment has to be delivered to an address other than the one indicated by the Buyer).
- The User (Buyer) is fully responsible for all his actions performed while using the Store.
- The registered Buyer is fully responsible for the security of his login data and their transfer to third parties. If the services provided by the Store are used 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.
- If the Personal or Delivery address data changes, the User (Buyer) must immediately update it in his personal account, and if he loses his login data, the User (Buyer) must immediately inform the Seller about it.
- The Buyer does not have the right to unilaterally terminate the Agreement with the Seller in any case, if the Seller has complied with all his obligations.
- The Buyer has the right to terminate the Agreement and return or exchange the ordered Goods in accordance with the provisions of the “Return and Exchange of Goods” section of these Rules.
Seller’s rights and obligations
- The Seller undertakes to create all conditions for the Buyer to properly use the services provided by the Store.
- If it is determined that the Buyer tries to harm the work of the Store or its security or does not comply with the requirements of these Rules or his obligations, the Seller has the right to immediately and without warning limit or suspend the Buyer’s access to the Store, and in exceptional cases to cancel the Buyer’s registration and personal account.
- The Seller undertakes to respect the Buyer’s right to privacy, and also to keep confidential the personal data provided by him.
- After the conclusion of the Agreement, the Seller undertakes to deliver the Goods ordered by the Buyer in the manner specified in the “Terms of Delivery and Collection of Goods” provisions of these Rules.
- The Seller undertakes to return (replace) the goods ordered by the Buyer as specified in the provisions of these Rules “Terms of return and exchange of goods”.
- The Seller is released from any responsibility in cases where losses arise because the Buyer, regardless of the Seller’s recommendations and his obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
- If the Seller’s Store contains links to the websites of other companies, institutions, organizations or individuals, the Seller is not responsible for the information provided on those websites, does not supervise or control those websites and does not represent those companies and individuals.
- The Seller has the right to unilaterally terminate the Agreement with the Buyer in cases where the Goods ordered by the Buyer are not in stock and/or they are no longer produced, the Goods cannot be replaced or the price of their purchase from the supplier has changed. In this case, the Seller undertakes to immediately inform the Buyer about this and, in the case of prepayment, to return to the Buyer the entire amount paid under the Agreement no later than within 3 working days. In case of termination of the Agreement, the Seller’s liability is limited to the amount paid by the Buyer under the Agreement.
Ordering and payment methods
- In the store, the Buyer can buy goods around the clock, 7 days a week.
- The order of goods and their purchase-sale Agreement shall enter into force as specified in the “General Provisions” of these Rules.
- The prices of goods in the Store are indicated in euros. The Seller has the right to change the range of Goods and their prices at any time and without prior notice, but does not have the right to unilaterally change the price of the Goods ordered by the Buyer after the conclusion of the Agreement.
- The Buyer has no right to make claims against the Seller due to the fact that at the time of the conclusion of the Agreement, the lower prices of the Goods did not apply to him, which came into force immediately after its conclusion.
- The buyer can choose one of the following payment methods when ordering goods in the Store:
- Online banking – it is an advance payment for the Goods, when the Buyer transfers money to the Store’s current account after confirming the order (Contract) in the Store and using the selected electronic banking (payment) system. The administrator of the selected electronic banking (payment) system is responsible for the money transfer and data security of the information provided by the Buyer in the case of such settlement.
- VISA/Mastercard payment card – is an advance payment for the Goods, when the Buyer pays for the Goods using a bank card. The payment system administrator is responsible for the transaction and data security of the information provided by the Buyer in the case of such settlement.
- The Seller has the right to provide the Buyer with only certain payment methods, depending on the quantity of the Goods ordered, the price and the Buyer’s address.
- The Buyer receives confirmation of the ordered goods by e-mail immediately after successful payment for the Goods. If the confirmation letter is not received within 24 hours, the Buyer is recommended to contact the Seller and clarify the data.
Delivery and collection of goods
- When ordering goods in the Store, the Buyer can choose one of the following methods of delivery of the Goods:
- Courier service – when the Goods are delivered to the Buyer by the chosen courier service for an additional delivery fee specified in advance in the Store.
- Post machine – when the Goods are delivered to the post machine chosen by the Buyer for an additional delivery fee specified in advance in the Store.
- Mail delivery – when the Goods are delivered to the Buyer by registered mail in accordance with the rules of the Lithuanian Post Office for an additional delivery fee specified in advance in the Store.
- Collection in-store – when the Buyer collects the Goods free of charge at the Store, at the address: Verkių st. 29H, LT-09108, Vilnius.
- The Seller has the right to offer the Buyer only certain delivery methods, depending on the quantity of the Goods ordered, the price and the Buyer’s address.
- Regardless of the chosen method of delivery of the Goods, the Buyer undertakes to provide accurate Personal and Delivery address data, as well as to indicate all additional information necessary for accurate delivery (for example, the name of the shopping or business center, building body, floor, apartment or office number, stairwell code, etc. ).
- When picking up the Goods from the courier, the Buyer undertakes to check the condition of the Goods shipment and sign the delivery-acceptance document, and if he notices damage to the package or non-compliance of the package, immediately inform the courier about it, demand to write a report of damage to the package, take photos of the damaged package or goods and send them to the Seller by e-mail. by mail at firstname.lastname@example.org. After collecting the ordered Goods from the courier and signing the shipment document without comments, it is considered that the shipment has been delivered in good order. If the Buyer does not perform these actions, the Seller does not assume responsibility for damage to the Goods (if the basis for the occurrence of such damage is not a factory defect) and discrepancies in the set of Goods (if these discrepancies can be determined during an external inspection of the goods).
- The Buyer undertakes to accept or collect the Goods himself. In the event that the Buyer cannot receive the Goods himself, and the Goods delivery documents confirm that the Goods were delivered to the Delivery address specified by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the Goods to the wrong recipient.
- The Seller undertakes to try to comply with the Delivery terms specified in the Goods information, and if he cannot do so, he undertakes to immediately contact the Buyer and coordinate other conditions for the delivery of the Goods or the termination of the Agreement.
- The buyer is informed in advance and agrees that:
- in certain cases (for example, when the balance of the Goods in the warehouse is low and several buyers order the same Product at the same time or the Product has been sold out while waiting for pre-payment confirmation from the bank or payment system) the delivery term specified in the Product information may change;
- unforeseen circumstances beyond the direct control of the Seller (for example, when the Goods are ordered before a significant holiday period, due to traffic jams, bad weather conditions, etc.).
- The delivery term starts counting:
In the case of electronic banking settlement – within 24 hours of receiving confirmation of payment from the electronic banking (payment) system chosen by the Buyer (usually confirmation comes within 1-24 hours).
In the case of bank transfer payment – within 24 hours of receiving confirmation of payment from the bank account chosen by the Buyer (usually confirmation comes within 1-2 days).
In the case of payment by cash or payment card – within 24 hours from confirmation of the order in the Store.
- Goods are delivered to the Buyer only on working days and hours. Days off and holidays are not included in the Delivery deadline.
- When several Goods are ordered with different delivery terms, the latest delivery term of the Goods applies to the whole shipment of the ordered Goods, unless the Buyer and the Seller agree otherwise.
- In all cases, the Seller is released from responsibility for the violation of the Delivery terms, if the Goods were not delivered to the Buyer or were delivered later due to the Buyer’s own fault or due to circumstances beyond the direct control of the Seller (Force majeure).
Return and exchange of goods
- The Buyer has the right to return or request a replacement of quality Goods within 14 (fourteen) days from the day of their delivery or collection, if the packaging and appearance of such Goods meet the following requirements:
- The product must be in its original, neat and undamaged packaging;
- The product must be undamaged and in the same package as at the time of delivery;
- The product must be unused, without losing its commercial appearance (labels, protective film, etc. intact).
- The Buyer has the right to return or request replacement of damaged, defective or other than ordered Goods (hereinafter referred to as Defective Goods) in accordance with the Civil Code of the Republic of Lithuania and Retail Trade Rules.
- The buyer must immediately inform the seller if he was delivered poor quality goods or they were delivered in damaged packaging.
- In the case of delivery of goods via courier service, the Buyer, upon noticing packaging damage, must indicate the relevant comments in the package delivery document provided by the courier and request the courier to draw up a package damage report. If the Buyer signs the shipment delivery document without comments, it is considered that the Goods have been delivered in good order and in this case the Seller is exempted from liability against the Buyer for damage to the Goods related to packaging violations, which the Buyer did not note in the shipment delivery document and/or did not draw up a packaging violation act.
- After paying for the Goods by bank card, the refund to the Buyer will be made to the same card that was used to pay for the Order.
- Returns are controlled by OMNIVA LT. You may register your return here: grazinimai.omniva.lt.
- In case of return (exchange) of quality goods, the costs of their return to the Seller shall be paid by the Buyer. In case of return (exchange) of low-quality goods, the costs of their return to the Seller shall be paid by the Seller.
- In the case of the return of goods, if the terms of their return meet the requirements of these Rules, the Seller undertakes to transfer the money to the bank account specified in the Buyer’s request within 7 working days from the day of returning the goods to the Seller.
- In the case of returning goods, when the ordered goods are not in stock, the return is made within 3 working days using the same method used to pay for the Goods.
- Shipping costs are non-refundable (unless a defective item is returned).
- The Buyer does not have the right, without the prior consent of the Seller, to return or request to exchange the Goods, which are specified as non-exchangeable and non-returnable in the Retail Trade Rules of the Republic of Lithuania.
- When using the promotional offer “Buy one get one -50%”, the purchase is treated as a pair of Products. When returning only one of the two Products, the refund amount is half of the value of the pair of Products, for example: the first dress cost €30, the second one – €10, the total amount of the basket – €40, so when returning only one (any) Product, the refund amount will be equal €20.
Quality and guarantees
- The buyer is informed in advance and agrees that:
- due to the features of the device (computer, phone) and its software (browser) used by the Buyer, the colors, shapes, sizes or other parameters shown in the photos of the Goods may not correspond to the real colors, shapes, sizes or other parameters;
- in some cases (for example, after the manufacturer changes/updates the product model), the information provided in the product descriptions of the store may be inaccurate or incomplete.
- 24 months quality guarantee is granted for the goods sold. In order to use it, the buyer must submit a written request stating the reason together with the document of purchase of the goods. The quality guarantee term of the accessories is the same as that of the main product and begins to be calculated together with the quality guarantee term of the main product (Article 6.335 d. 5 of the Civil Code).
Promotions and special offers
- The Seller may initiate various promotions (discounts, sales, games, etc.) in the Store at his discretion.
- The seller has the right to unilaterally and without separate notice to change the conditions of the shares, as well as to cancel them. Any change or cancellation of the terms and conditions of the shares is valid only going forward, i.e. from the moment of their execution.
- The Seller has the right to organize personalized promotions, the offers of which may be valid only for certain Users (Buyers).
- The Buyer has no right to make claims against the Seller due to the fact that at the time of the conclusion of the Agreement, the stock offers were not valid for him, which came into force immediately after the conclusion of the Agreement.
- The Seller sends all notifications to the Buyer by telephone and/or e-mail specified in the Buyer’s registration and/or goods order form email addresses.
- The Buyer sends all messages and questions to the Seller by phone and/or e-mail indicated on the Contact page of the Seller’s Store email addresses.
- The Seller is not responsible for this, if the Buyer does not receive sent messages or order confirmations due to disruptions in the Internet connection, e-mail service providers’ networks, as well as the peculiarities of the device or software used by the Buyer.
- In the event of damage, the guilty Party compensates the other Party for direct losses.
Copyright and Use of Information
- Copyright to all information and materials provided in the Store belongs to the Administrator. The use of information and material provided in the store is permitted only after obtaining the prior consent of the Administrator and only by providing a clear link to the Seller’s website.
- The content of the store may contain information and/or links from other websites. The administrator is not responsible for the operation of these websites, as well as for the accuracy and validity of the content of this information.
- The content of the store may contain information published by Users (reviews, opinions, feedback, evaluations, comments, etc.). The administrator is not responsible for the accuracy and validity of the content of this information.
- By publishing information (review, opinion, feedback, evaluation or comment) in the Store, the User automatically grants the Administrator the author’s rights to all this information. The administrator is not obliged to compensate the provider of this information in any form.
- These Rules for the purchase and sale of goods are drawn up in accordance with the legal acts of the Republic of Lithuania.
- The Administrator (Seller) reserves the right to change or supplement these Rules at any time, taking into account the requirements established by legal acts. Information about the Rules is constantly available on the Store page “Rules” and Users (Buyers) are given permanent and unlimited access to the latest version of these Rules at any time. When shopping in the Store, the Buyers are subject to the Rules valid at the time of order confirmation.
- All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved according to the procedure established by the laws of the Republic of Lithuania according to the location of the Seller.
- The entity that resolves consumer disputes out of court: State Consumer Rights Protection Service, address Vilniaus st. 25, 01402 Vilnius, www.vvtat.lt. Electronic Dispute Resolution Platform: ec.europa.eu/odr/