THE FOLLOWING TERMS AND CONDITIONS (hereafter “Terms”) governs your use of our online store which is available at www.cupolus.com (hereafter “Website”) as well as your purchase of the products/services provided through Website. It is vitally important that you read the Terms carefully. Each time you use the Website, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the Website.
This Website is owned by UAB Savaitė (hereafter “We”, “Us”, “the Company”), a company registered in Lithuania, company code 124712523, whose registered office is at Laisvės pr. 60, LT-05120, Vilnius, phone +370 688 12389, e-mail firstname.lastname@example.org. Our VAT registration number is LT247125219.
- These Terms apply whenever you (hereinafter“You” or “the Purchaser”) order and buy products from the Website. When you place an order in accordance with the Terms and we confirm it, these Terms become a legally binding document.
- The Terms can be updated from time to time (e.g. to reflect changes in technology, our business model, system capacity or in relevant laws and regulations), and we therefore ask you to approve the Terms each time you shop with us.
- We are not responsible in cases where losses appear because you did not adhere to our recommendations and did not read the Terms carefully. We have the right to restrict your use of the Website if you fail to comply with the Terms.
- The right to purchase goods in the Website has natural persons over the age of 18 with full legal capacity and legal persons.
DESCRIPTION AND PRICE OF GOODS
- We have taken care to describe and show goods as accurately as possible. Despite this, slight variations in goods may occur. We provide you with product information on Website. If there is anything which you do not understand, or if you wish to obtain further information, please contact us.
- Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s or other electronic devices display of the colours accurately reflect the colour of the products. Products’ views may vary slightly from those images.
- We make every effort to ensure that the pricing displayed on the Website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
- All prices include VAT (where applicable). We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
- We will charge for shipping separately. Shipping costs will be added to your order according to the delivery method you choose.
PLACING AN ORDER
- You can place an order by ordering via our online system. To place your order, you must add items to the basket and follow the order instructions on our Website. As part of our checkout process, you will be allowed to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
- The order from you constitutes your offer to us, and it will only become a binding agreement between the parties upon our acceptance in writing by order confirmation or otherwise. Our acceptance of an order takes place when we send you confirmation by email, even if your payment has been processed immediately. No contract exists between us until we have received your order and accepted it (which we may do at our discretion).
- We may refuse at our discretion to accept an order:
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product description error;
- if you do not meet any eligibility criteria set out in our Terms.
- where goods ordered by you are not available;
- if we do not deliver to your area.
- Where we do not accept your order but have processed your payment, we will refund your payment as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the website. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Payment can be made by any of the options set out on the Website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
- Before making payment, you can revise the details you have entered, including delivery and billing addresses, or payment details. You can also change the goods ordered or remove goods from your basket. When you click “Pay”, payment information will be shown on your screen. From that point on, you are bound by a purchase contract.
- Payment is considered finished when we have received a valid payment and that payment has been made into our own account. If you don’t pay within 2 days of placing your order, we will consider that you do not wish to purchase from us and will cancel your order.
- Any discount or other promotional codes issued by us from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain products may be excluded and you will not be able to use discount codes in respect of such products.
- Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and you shall not share this with any other person.
- We reserve the right to reject or cancel any orders which do not comply with these Terms even if you have been charged (and will refund in full any amounts paid by you in respect of the order).
RIGHT OF RETURN
- If you are a consumer, you can withdraw from the distance contract to purchase without giving any reason within 14 days. The right to cancel expires 14 days after the day you physically receive the goods.
- However, the right to return does not apply for perfumes, cosmetics and toilet preparations, if they are in good quality.
- All items returned must be unused, in the same condition as when received, and must have all tags, including original packaging materials.
- To exercise the right to withdraw, you must inform us of your decision to cancel this contract by a clear statement by email email@example.com.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the withdrawal period has expired.
- If you withdraw this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to withdraw this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
- If you have received goods in connection with the contract you shall send back the goods or hand them over to us Laisvės pr. 60, LT-05120, Vilnius, Lithuania, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
- If any problems with your products cannot be satisfactorily resolved through our returns procedure, you may want to submit your issue for online resolution tohttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- We will deliver goods ordered by you as soon as possible to the address you give us for delivery. The exact cost of the delivery depends on the ordered goods’, so the final product transfer price will be visible on the ordering process.
- All orders will be delivered as detailed at the time of ordering. We have the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you before completion of your order.
- Any date or period for delivery shall be considered as indicative only. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.
- Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition but the goods seem undamaged, then please note about this on the delivery documents. If the package does not appear to be in good condition and the goods seem damaged, then please refuse the delivery. Failure to do so may affect any warranty claims that you make thereafter.
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you shall notify us in writing, at our contact address, of the problem as soon as you found it.
- Delivery of goods is deemed to have occurred when you have received the goods.
- If there are delays in the delivery caused by the supplier, the carrier or any other third party then we will contact you as soon as possible to let you know. If there is a substantial delay you may end the contract you shall contact us by e-mail firstname.lastname@example.org and will be entitled to receive a refund within 30 days for any products you have paid for but not received.
- Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax, or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country’s government.
- If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.
- Each good’s features are attached to the description in the Website. We offer a 2 years warranty for consumers if the goods are subject to warranty. The warranty covers manufacturing defects limited to product fitting, stitching, and adhesives. If a product has suitability of use term, we select the goods in such a way that you have a real opportunity to use those goods, as well as until the set expiration date.
- If the cosmetics perfumery or hygiene products are on the inappropriate quality, you have the right to return such products to us. In this case, we will replace the product free of charge, or we will refund the price of the product. Appropriate quality cosmetics, perfumes, and hygiene items cannot be returned.
- If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
- We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
- Please note that any products returned to us which you claim to be of inappropriate quality will be checked and verified by our specialist. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
LIMITATION OF LIABILITY
- We will not be liable to you for any loss or damage in circumstances where:
- There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
- Such loss or damage is not a reasonably foreseeable result of any such breach;
- Any increase in loss or damage resulting from breach by you of any term of this contract.
- You will assume risk of the products ordered once they have been delivered to the address specified on the order. We accept no liability for undelivered parcels where you provide an incorrect or invalid delivery address and/or fails to collect the order from the delivery address specified following our reasonable efforts to contact you to deal with this.
- Where the goods are signed for, you bear the risk once the goods are signed for (provided they are signed for by the Purchaser or a person identified as authorized by you). If you believe that a parcel has been tampered with, it is your responsibility to refuse to sign for the goods.
LINKS TO AND FROM OTHER WEBSITES
- Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
- You shall respect all license agreements delivered by the copyright owners. We cannot be held responsible or liable for any misuses conducted by you or any third party.
- All trademarks shown on Website belong to their registered owners and must not be copied without prior permission.
- You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
- We shall not be liable for any damages, loss or penalties caused by the non-performance in accordance with these Terms due to circumstances out of its control including but not limited to in case of war, warlike events, civil war, revolution, rebellion, government action, strike, lockout, blockade, natural catastrophes or similar event, technical problems, failure of electrical / telecommunications / data communications or other communications, as well as defects or delays in services from subcontractors due to circumstances stated herein. If such circumstances occur, we will try to inform you.
CHANGES TO TERMS AND WEBSITE
- We reserve the right to change these Terms.
- We may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the content at any time, without notice or liability.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms and your use of the Website are construed under and governed by the substantial laws of Lithuania. Any dispute arising from or in connection with these Terms shall be finally settled by Lithuanian court. If a dispute arises between you as a customer and we and we are unable to resolve the dispute, you can submit a complaint to the EU’s functioning dispute settlement online, ODR. More information can be found via the following link http://ec.europa.eu/odr.
- If any provision of these Terms is found to be invalid or unenforceable (partly or in whole), the provision in question shall be enforceable to the extent permitted by applicable law. The remaining Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall not in no way be affected.