El. store www.nosy.lt rules for buying and selling goods
1. General provisions
1.1 These Rules of Purchase and Sale of Goods (Returnable and Non-Returnable) (hereinafter - the Rules) are a binding legal document for the Buyer and MB Nosy.lt (hereinafter - the Seller), which sets out the rights and obligations of the Parties, concluding, delivering and the terms and procedure of return, as well as other provisions related to the purchase and sale of goods in the Nosy.lt online store at www.nosy.lt (hereinafter - the Store).
1.2 These Rules have been prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on Consumer Protection of the Republic of Lithuania and other applicable legal acts.
1.3 By placing an order in the Nosy.lt online store, the Buyer confirms that he has read the Rules.
1.4 To order and buy goods www.nosy.lt has the exclusive right to:
1.4.1 able-bodied natural persons, ie persons who have reached the age of majority and whose capacity is not restricted by court order;
1.4.2 minors between the ages of 14 and 18 with the consent of their parents or guardians only, unless they are self-employed;
1.4.3 legal entities. However, the conditions for the return of goods and withdrawal from the contract described in these Rules shall not apply to legal persons; they may return the goods only on the general grounds established by Lithuanian legislation.
1.5 The Buyer, by agreeing to the Rules, confirms that in accordance with 1.3 of these Rules. has the right to purchase goods in the Store at: www.nosy.lt.
1.6 The Frequently Asked Questions (FAQ) section of the Website provides detailed information on ordering, paying for, delivering, returning goods and other relevant matters. Taking into account the above information, it is recommended that Buyers read the FAQ before using the www.nosy.lt website.
1.7 More information on how the personal data of the Buyers is processed can be found in the Privacy Policy of www.nosy.lt (section “Privacy Policy”).
1.8 For the purposes of these Rules, returned goods to the Store are complete perfume boxes in the original packaging (including the protective film of the original box, if any).
1.9. According to these Rules, the scope of returned goods in all cases does not include sample sets purchased by the Buyers and completed according to their individual wishes, which consist of 5 (five) units. different types of perfume in containers of up to 2 (two) ml, taking into account that each set is made according to the wishes of a specific Buyer, transferring perfume from the original packaging to separate sample containers.
1.10. The Store applies a one-time replacement policy (hereinafter referred to as the Free Replacement), when after purchasing a full original perfume package and trying the appropriate gift included in the package (only for the first time) (ie 1 perfume sample ordered - up to 2 ml), the Buyer is entitled , once, free of charge, change (in accordance with Rules 4.9 and 4.10) a full package of perfume, the quality of which must meet all the conditions specified in clause 3.4) to another product of similar or higher value (with the Buyer paying the difference) not later than within 14 (fourteen) days from the date of delivery of the quality product.
2. Conclusion of a purchase and sale agreement
2.1 The Agreement between the Buyer and the Seller shall be deemed concluded when the Buyer, having selected the item (s) to be purchased and formed the shopping cart (hereinafter referred to as the Shopping Cart), clicks on the link “ORDER” and the full payment of the cart is made.
2.2 After concluding the Purchase and Sale Agreement, the assortment of goods, their quantity, price, delivery time and other conditions specified during the Buyer's order are binding on the Buyer and the Seller, and may be changed only in accordance with these Rules.
2.3 Purchase and Sale Agreements are registered and stored in the Seller's database.
3. Buyer's rights and obligations
3.1 The Buyer has the right to purchase goods in the Store www.nosy.lt in accordance with these Rules.
3.2 The Buyer has the right to refuse the goods (if the goods are to be returned in accordance with Clauses 1.8 and 3.4 of the Rules) in full return of the return procedure specified in Clauses 4.9 and 4.10 of the Rules, not later than within 14 (fourteen) days from quality product delivery days. This right of withdrawal applies only to consumers (natural persons who purchase goods for purposes unrelated to their business, trade, craft or profession (for consumer purposes). Legal entities and other Buyers who do not meet the definition of a consumer may return goods only If the Buyer uses the Free Replacement, then the second time (ie when replacing the first product with another product, in accordance with Clause 1.10 of the Rules) The quality product sent to the buyer is non-refundable, and the Store reserves the right not to take back the returned product and not to return the money paid for the product. If the buyer does not use the Free Replacement, then the returned product must not only meet the requirements set out in clause 3.4, but at the same time all gifts received together with the product must be returned.
3.3 The Buyer's (consumer's) right discussed in the first sentence of Clause 3.2 of the Rules shall be exercised in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania.
3.4 The Buyer's (consumer's) right discussed in Clause 3.2 of the Rules may be exercised by the Buyer only if the goods have not been damaged, damaged or damaged (crushed, torn, soiled, faded, etc.) its packaging (including the film protecting the original box, if as the original was), the product has not lost its commercial appearance, even if there are no obvious signs of use of the product.
3.5 After purchasing a defective product, the Buyer has the rights established in the legal acts of the Republic of Lithuania (Article 6 of Article 6.363 of the CC).
3.6 Cancellation or adjustment of the formed and paid Shopping Cart is not possible. In the event that the Buyer has already placed an order, in order to cancel or adjust the order, the Buyer should immediately contact the Seller at the contact details specified in Section 7 of the Rules. In cases when the Seller does not have the right to give the Buyer the right to cancel or adjust the basket of ordered and paid goods (for example, because the goods are already ready for shipment or handed over by courier), the Buyer retains the right to cancel the contract and return the Goods 3.2. in accordance with the procedure and time limits set out in
3.7 After placing an order, the Buyer must accept the goods in accordance with the procedure established in these Rules and pay for them, as well as not to abuse the Buyer's rights and comply with the requirements of legal acts.
3.8 If the Buyer, during the delivery of the goods, refuses to accept the goods without important reasons, the Buyer must cover the costs of returning the goods at the request of the Seller.
3.9 If the Buyer abuses his rights as a Buyer (for example, if the Buyer, having already used the Free Replacement, re-sends the newly received (other) product and demands a refund, or sends a returned product that does not meet the conditions set out in Clause 3.4 of the Rules and unreasonably demands change the product to another, etc.), the Store reserves the right, after the Buyer has paid, to send the product back without refunding the product. If the Buyer does not agree to pay the return costs, the Seller reserves the right to dispose of the used product without refunding the product, providing the motivation defined in these Rules. The Store also reserves the right not to serve Buyers who abuse their rights.
4. Rights and obligations of the seller. Return and replacement of goods
4.1 The Seller undertakes to enable the Buyers to order goods through www.nosy.lt in accordance with the procedure established in these Rules.
4.2 The Seller undertakes to deliver the goods purchased by the Buyer in the manner chosen at the time of placing the order (delivery by post or courier) and to the specified address. The buyer is fully responsible for incorrect or erroneous data entered when ordering goods. The Buyer must also comply with the agreed terms of acceptance of the goods (time, date, place) agreed with the courier. If the Buyer has not accepted the goods at the agreed time, place and on the agreed day, the Buyer shall indemnify the Seller for the resulting losses. If the Buyer, within the specified reasonable time, does not pick up the ordered goods from the specified ATM, the Buyer shall indemnify the Seller for the resulting losses.
4.3 The Seller undertakes to respect the privacy of the Buyer and to process his personal data in accordance with the requirements of the applicable legislation.
4.4 The Seller undertakes to make every effort to fulfill the Buyer's order. However, in exceptional cases, situations may arise where the Seller is unable to deliver the goods purchased by the Buyer due to unforeseen circumstances beyond the Seller's control. In such exceptional cases, if it is not possible to perform the Purchase Agreement, the Seller has the right to terminate the Purchase Agreement by notifying the Buyer in advance. In order to meet the needs of the Buyer, the Seller may offer the Buyer a similar product ordered or purchased by the Buyer. If the Buyer refuses, the Seller undertakes to return the money paid by the Buyer within 5 working days.
4.5 Defects of sold low-quality goods shall be eliminated, low-quality goods shall be replaced and returned in accordance with the provisions of the Civil Code of the Republic of Lithuania and other applicable legal acts.
4.6 In the event that the Buyer (consumer) exercises his right to withdraw from the contract in accordance with Clause 3.2 of the Rules, the Seller shall first offer to use the Free Replacement.
4.7 The Seller will not refund the amount paid by the Buyer until the goods have been de facto returned (refusing to use the Free Replacement) to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first.
4.8 If a defective product is returned, the return does not cost the Buyer - these costs are covered by the Seller.
4.9 In all cases, in order to return the quality product (s), the Buyer must first send by e-mail the name of the returned product, the purchase document and at the same time attach the photos of the package of the returned product. The Buyer must provide photos of the goods from all sides of the goods, proving that the packaging (goods) of the goods have not been damaged, broken or used by the Buyer, and comply with other clauses specified in the Rules 3.4. Photographs must be intact and show clearly the condition of the product from all sides.
4.10 When returning a quality product, it must be packaged in accordance with the instructions set out in Clause 4.12 of the Rules, so that at the end of the return process the Store will return the product that meets the requirements set out in Clause 3.4 of the Rules. If the Buyer has not packed the returned goods and the packaging of the returned goods has been damaged, the Buyer is responsible for the quality of the returned goods.
4.11 The Seller shall not be liable for non-payment or late payment for the returned goods, if the Buyer incorrectly provides the data required for the return (bank details).
4.12 When returning a quality product, it must be packaged in the way it was received (the store packs the product in a packing box, filled with packing granules or bubble wrap). If the Buyer has lost or damaged the packing box and / or filling, then he shall pack the goods at his own expense as the goods were received from the Store. If the Buyer is not able to fill the packing box with special packing granules or bubble wrap, then the Buyer must wrap the product in several layers, soft, clean and non-abrasive material (eg cloth) so that all sides of the product are safe from dropping, shaking or compression.
5. Prices of goods
5.1 The prices of the goods in the Store and in the formed order are indicated in euros. The seller is a VAT payer. VAT is included in the prices of goods indicated on www.nosy.lt. Before the Buyer confirms the order, the delivery fee (if applicable in the specific case) is added to the total amount of the goods.
5.2 Procedure and terms of payment for goods.
5.2.1 The Buyer pays for the purchased goods with the bank's diabetic or credit cards. If the buyer is located in Latvia, Estonia, or Lithuania they can pay using Swedbank, SEB, Luminor, Citadele, and Šiaulių bankas electronic banking services. Payments are available in euros. Payments are processed using the MakeCommerce.lt payment platform.
5.2.2 A consignment of goods will be formed only after the Buyer has paid.
6. Delivery of goods
6.1 Buyer when purchasing goods in the Store www.nosy.lt , chooses one of the possible delivery methods: by post or courier delivery service. Delivery of goods is carried out in Lithuania, except for the Curonian Spit.
6.2 Requirements when ordering the delivery service:
6.2.1 The Buyer, having chosen the delivery service, undertakes to provide the exact delivery address of the goods;
6.2.2 In the event that the Buyer chooses to deliver the goods by courier, the Buyer undertakes to accept the goods himself. In the event that he is unable to accept the goods himself and the goods are delivered to the address specified by the Buyer and on the basis of other data provided by the Buyer, the Buyer shall not be entitled to make claims against the Seller for delivery to the wrong entity;
6.2.3 The Goods may be delivered by the Seller himself or by a courier of his choice. representative;
6.2.4 Free delivery by post applies to purchases of EUR 50 or more. If you buy for a smaller amount, the postage delivery service costs 2 euros.
6.2.5. Free courier delivery applies to purchases of € 100 or more. When buying for a smaller amount, the courier delivery service costs 3 euros and 50 euro cents.
7. Exchange of information
7.1 The Seller provides the Buyer with information and, if necessary, communicates with him otherwise, using the e-mail provided in the Buyer's registration form. e-mail address, and the Buyer can use all communication channels specified in the "CONTACTS" section of the website www.nosy.lt.
8. Liability
8.1. The buyer is fully responsible for the accuracy of the data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller shall not be liable for the consequences thereof and shall acquire the right to claim compensation for direct losses incurred by the Buyer.
8.2. The buyer is fully responsible for his actions performed after registering for the online store www.nosy.lt or social nosy.lt channels
8.3. The buyer is responsible for the security of his registration and login details. If the registration data is used by a third party, it will be considered a Buyer.
8.4. The Seller is released from any liability in all cases where the loss occurs due to the Buyer's non-compliance with the provisions of the Agreement, the instructions for use of the products.
8.5. In the event of damage, the guilty party shall indemnify the other party for the losses incurred in accordance with the procedure and on the grounds established by the legal acts of the Republic of Lithuania.
8.6. The Parties shall be released from liability for full or partial non-performance of their obligations under these Rules if they prove that the obligations were not fulfilled due to circumstances beyond their control and reasonably foreseeable at the time of concluding the Agreement and could not prevent these circumstances or their consequences. According to these Rules, the circumstances of force majeure shall be understood as defined in Article 6.212 of the Civil Code of the Republic of Lithuania. and in the Rules of Discharge in the Event of Force Majeure Approved by the Resolution of the Government of the Republic of Lithuania. In the event of force majeure, the requesting Party must notify the other Contracting Party as soon as possible. If the circumstances of force majeure continue for more than 3 (three) months, the Agreement may be terminated at the initiative of one of the Parties by notifying the other Party in writing.
9. Final provisions
9.1. The Seller reserves the right to suspend, supplement at its own discretion, change these Rules and other documents related to the Rules. Additions or amendments to the rules shall take effect from the date of their publication.
9.2. If the Buyer does not agree with the new wording of the Rules, partial additions, amendments, the Buyer has the right to refuse them, provided that the Buyer loses the right to continue to purchase goods in the store. Buyer's orders submitted before the amendment of the Rules are subject to the version of the Rules valid at the time of the order.
9.3. The Agreement shall be deemed fulfilled and shall terminate when both parties duly fulfill their obligations provided for in these rules, legal acts and on the Seller's website www.nosy.lt.
9.4 These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.
9.5. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.
9.6. All disputes arising out of the implementation of these Rules shall be settled by negotiation. If no agreement is reached, disputes shall be settled in accordance with the laws of the Republic of Lithuania.
9.7. Upon the Buyer's contact with the Seller in accordance with the procedure established by these Rules, but failing to resolve the dispute through mutual negotiations, the request / complaint regarding the quality of the purchased goods The Buyer may submit to the State Consumer Rights Protection Service (Vilniaus St. 25, 01402 Vilnius, e - mail tarnyba@vvtat.lt, tel. en / struktura-ir-kontaktai / kontaktai / 593) or fill in the application form on the EGS platform http://ec.europa.eu/odr/ .
These Rules were prepared on 08/10/2023