1. General provisions
1.1. These rules for purchase and sale of products (hereinafter - Rules) shall stipulate the general conditions of the use of EMANDIA online store. The rules shall be applied when the Purchaser selects, orders and purchases the products offered at the EMANDIA online store or otherwise uses the EMANDIA online store services.
1.2. The Seller according to these Rules shall be private limited company UAB "EMANDIA", the head office address: Sausio 13-osios 5-41, LT-04343 Vilnius, Lithuania, legal entity code 302692753;
1.3. The Purchaser according to these Rules shall be be any person performing a purchase in the EMANDIA online store or otherwise using the EMANDIA online store services. The persons who shall be entitled to use the EMANDIA online store and perform purchases: physical entities capable of functioning, i.e. persons of the full legal age whose capability of functioning is not limited by the court procedures, juridical entities.
1.4. By registering or submitting an order the Purchaser shall confirm unconditionally his or her right to purchase in the EMANDIA online store.
1.5. In conjunction with the order submitted by the Purchaser these Rules shall become an agreement made between the Purchaser and the Seller which is a compulsory legal document to both Parties. The agreement shall be considered as signed when the Purchaser forms and submits a product order in the EMANDIA online store, performs the payment and receives a confirmation via email from the Seller - in accordance with the procedure and terms indicated in the Rules - that the order of the Purchaser was approved and the payment was received. In case the Purchaser shall choose to pay in cash during delivery, the agreement is considered as signed when the Purchaser forms and submits the product order via the EMANDIA online store and receives a confirmation via email from the Seller about the approval of the order.
1.6. The Purchaser shall not be granted a possibility to submit a product order in the EMANDIA online store if he or she is not familiar with the Rules and (or) does not agree with them. In case the Purchaser does not agree with the Rules or a certain part of them, he or she shall be obliged not to order products from the EMANDIA online store. Otherwise it shall be considered that the Purchaser read and understood as well as agreed unconditionally with all the Rules.
1.7. The Seller shall retain the right to change, correct or amend the Rules unilaterally. In case the Purchaser performs a purchase in the EMANDIA online store the Rules which are valid as of the order submission time shall be applied. Thus, it is recommended that the Purchaser shall read and understand the Rules every time his or her purchase is made.
1.8. The Seller shall disclaim any risk or responsibility and shall be unconditionally exempt from it in case the Purchaser did not read and understand the Rules or did it only partly even though the possibility for it was available.
1.9. The Seller shall be entitled to limit the Purchaser's use of the EMANDIA online store services or to cancel the Purchaser's registration without any prior warning, in case the Purchaser violated these Rules while using the EMANDIA online store, tries to impair the stability and security of the EMANDIA online store.
1.10. Under important conditions the Seller can terminate the activities of the EMANDIA online store temporarily or permanently without any prior notification to the Purchaser.
2. Processing of personal data
2.1. The Purchaser can order goods from the EMANDIA online store in two ways:
2.1.1. by registering in the EMANDIA website (entering the login and password);
2.1.2. without any registration in the EMANDIA website.
2.2. While ordering the products in one of the ways stipulated in the clause 2.1 of the Rules the Purchaser shall be obligated to indicate the data obligatory for the appropriate implementation of the products' order in the corresponding information fields given by the Seller: name, family name, address of the delivery of products, telephone number and email address. The Purchaser shall agree that the information messages will be sent to his or her indicated email and telephone number which are necessary for the implementation of the products' order. The Purchaser shall also agree with the fact that the Purchaser's personal data or part of it shall become available to the Seller's partners (data processors) for the purpose of the due implementation of the order and/or appropriate rendering of the ordered services.
2.3. The Purchaser's personal data shall be used to identify the Purchaser for the implementation of the products' sales and delivery, for the return of overpayments and (or) funds for the Purchaser's returned goods, for the administration of debts, for the performance of other sales and purchase obligations related to the agreement as well as for ensuring the possibility for the Purchaser to use other services of EMANDIA online store. The Purchaser's personal data shall be processed for the purposes of direct marketing only upon the consent of the Purchaser indicated in these Rules.
2.4. The use of the Purchaser's submitted personal data shall be limited exceptionally to the Seller and its partners with which the Seller cooperates in the performance of the administration of the EMANDIA online store, in the goods' delivery and (or) other services related to the Purchaser's order submission or implementation. The Seller shall not disclose the Purchaser's personal data to third parties, except for the Seller's partners mentioned in this clause above.
2.5. In case the Purchaser wants to receive the Seller's offers or other offers useful for the Purchaser, he or she can select such notifications or offers to be sent to him or her in the registration form. Upon the request of the Purchaser the Seller shall not use the Purchaser's personal data for the purposes of marketing and shall not send any advertisement or information notifications to the Purchaser, except for those which are obligatory for the performance of the submitted order.
2.6. The Seller can use the data which is not directly related to the person of the Purchaser, i.e. the data about the purchased goods, for the statistical purposes. Such statistical data shall be collected and processed is such a way that they would not disclose the Purchaser's identity or other personal data which could be used to identify a person.
2.7. The Purchaser shall be entitled to submit an application to the Seller at any time to be informed about the Purchaser's personal data and the way they are used by the Seller, to require the correction of their incorrect, incomplete, inaccurate personal data, to demand the termination of their personal data processing, except for its storage, in case the data is processed in violation of the laws or the conditions of these Rules.
2.8. Any request or indication related to the personal data processing shall be submitted by the Purchaser to the Seller in written form by one of the following ways: by sending such request or indication to the mailing address mentioned in the clause of these Rules or via email to the address of firstname.lastname@example.org . The Seller having received such request or indication from the Purchaser shall provide a written answer to the Purchaser no later than in 30 (thirty) calendar days.
2.9. In case the Purchaser shall not agree with the personal data security regulations indicated in this section of the Rules the Purchaser shall lose the right to use the services of the EMANDIA online store.
3. The prices of the goods, the procedure and the terms of payment
3.1. The prices of the goods of the EMANDIA online store and the formed purchase order shall be indicated in Litas, Euro, Russian roubles, UK pounds and US dollars with VAT (21%). The goods shall be sold to the Purchaser at the prices valid in the EMANDIA online store at the time of the submission of the order.
3.2. The Purchaser shall pay for the goods in one of the following ways:
3.2.1. By using the PayPal system. In case of such settlement the Purchaser shall have his or her payment formed in the PayPal system in accordance with his or her settled order. The Purchaser shall be transferred to the PayPal system website. The Purchaser shall make the settlement to the account of the EMANDIA online store within the PayPal system. The responsibility for the data security in this case shall be a matter of the PayPal credit card service system.
3.2.2. By credit card (VISA, MasterCard, Maestro) via the PayPal system.
3.2.3. By using the Webmoney system.
3.3. The Purchaser shall be obligated to pay without delay for the ordered goods not later than within 1 (one) hour from the order submission time. The order shall be performed and the term of goods' delivery shall be calculated only upon receipt of the payment for the goods and for their delivery (transportation). The payment shall be considered to be completed when the full payable sum is received and accepted at the bank account of the Seller indicated in the payment instructions.
3.4. The Seller shall be entitled to terminate the order of the Purchaser without any notice in case the Purchaser does not pay for the goods within 1 (one) hour from the order submission time.
4. The assortment and delivery of products
4.1. The sales of the EMANDIA online store are performed internationally and the products are delivered to many countries of the world. The products are being delivered by the person authorized by the Seller (courier) or the Purchaser collects the products in the nearest post office.
4.2. The fee for the delivery of products, indicated in the EMANDIA online store page of "Delivery of Products" valid at the time of the order submission, shall be applied. The products' delivery fee is a fixed fee.
4.3. The Seller shall be obligated to do its best in performing the Purchaser's order in all its volume, however, no guarantees can be provided in that matter, thus, no guarantee shall be given for that respect. In case at the Seller's warehouse the ordered product is not available or is available only in limited amount, the Seller shall be obligated to offer an analogical product, and in case the Purchaser refuses to receive the analogical product, the Seller shall return the funds paid by the Purchaser within 5 (five) working days. In this case the Seller shall not be responsible for the delivery of the products.
4.4. The Seller shall not be responsible for any damages of the Purchaser related to the errors in the performance and (or) data transfer of the online store.
4.5. The products ordered by the Purchaser shall be delivered at the address indicated by the Purchaser. The Purchaser shall be obligated to pick up the products on his or her own. In case the Purchaser does not pick the products up on his or her own, there must be an indication in the order of the name and family name of the person to pick up the products (recipient).
4.6. In case the Purchaser or recipient is not found at the address indicated in the the order, the Seller has the right to give the products to any other person of full age at the indicated address, while the Purchaser has no right to submit any complaints to the Seller concerning the delivery of the products to an inappropriate individual.
4.7. In case the delivery of products is impossible due to the fault of the Purchaser or due to the consequences depending on the Purchaser (e.g. the Purchaser indicated an incorrect address in the product order, the Purchaser is not found at the indicated address, etc.), the products are not sent for the second time (except for the cases when the Purchaser pays additionally for the second delivery of the same product), while the money for the products will be returned with the deduction of the delivery fee. In case the delivery fee discount was applied to the Purchaser during the order submission, however, the delivery of products is impossible due to the Purchaser's fault or due to the circumstances depending on the Purchaser, the Seller shall retain the right to deduct the total delivery fee from the sum returned to the Purchaser (valid during the submission of the product order) despite the discounts applied during the submission of the order.
4.8. In all the cases the Seller shall not be responsible for the violation of the terms of the delivery of goods if the goods are not delivered to the Purchaser or are not delivered on time due to the fault of the Purchaser or due to the circumstances depending on the Purchaser.
4.9. During the delivery of goods the Purchaser shall be obligated to check the condition of the shipment and the batching (assortment) of the delivered goods.
4.10. In case the Purchaser notices that the package of the delivered shipment is damaged (the packaging sticker is torn, the packages are damaged or there are any other external damages), the Purchaser shall mark it in the delivery note or other document of shipment receipt and transfer (in the Seller's copy). In case the Purchaser does not check the condition of the shipment and (or) does not mark the damages of the shipment in accordance with the procedure stipulated in this clause, the shipment shall be considered to be delivered in an adequate and non-damaged condition.
4.11. In the cases when during the receipt of the goods the Purchaser notices that the amount of goods in the shipment is not appropriate or the delivered goods do not correspond with his or her ordered goods and this is not indicated in the delivery note or another shipment receipt and transfer, the Purchaser shall immediately inform the Seller about it.
4.12. The specific features of all the goods sold at the EMANDIA online store are indicated in general in the description of every product that comes together with the product.
4.13. The Seller shall not be responsible for the fact that the products of the EMANDIA online store may not correspond with the realistic size, forms and colours of the products due to the specific features of the monitor used by the Purchaser.
5. Withdrawal from the agreement Replacement and return of goods
5.1. The Purchaser shall have the right to withdraw from the agreement of purchase and sale of products made with the EMANDIA online store with written notice to the Seller for that purpose not later than 7 (seven) working days from the day of the delivery of the product. The Purchaser shall submit the notice for withdrawal from the agreement in free format to the Seller which should contain the product to be returned, the reasons for returning it and the order number. For this purpose the contact details and addresses indicated in the “Contacts” section of the EMANDIA online store shall be used.
5.2. Upon submission of the written notice of withdrawal from the agreement the Purchaser shall return the product (in case it was delivered) not later than within 15 (fifteen) calendar days to the place of replacement or return indicated in clause 5.3 of these Rules.
5.3. In case of return or replacement of the products the Purchaser shall use the following address for delivery: S. Nėries 103-51, LT-12115 Vilnius, Lithuania - using the services of the chosen courier or by registered post from 8 AM to 5 PM. The obligation to deliver the returned or replacement product to the location indicated in this clause of the Rules as well as all the expenses related to it shall be assumed by the Purchaser, except for the cases when the product of inappropriate quality are being returned or replaced. In case of request for return of products during the time of their delivery the products shall be returned to the Seller's representative (courier) which delivered them.
5.5. In case of returning or replacing the products acquired at the EMANDIA online store the Seller shall have the right of demand to fill out the Seller's provided product return or replacement form.
5.6. The returned or replacement products shall not be damaged, retaining the marketable state (labels not removed and not damaged, the safety films not removed, etc.) and shall not be used. The product shall be returned in the original package, in the same product set in which it was received by the Purchaser with the obligatory requirement to provide the product purchase document (in case it was issued) and other product appurtenances. In case the products are not in a complete set, are damaged, disorderly or has inappropriate packaging, the Seller shall have the right not to accept the product, not to replace it and not to return the funds for the product paid by the Purchaser.
5.7. The funds paid for the returned products shall be paid to the bank account indicated by the Purchaser not later than within 5 (five) working days after the day of return of the product.
5.8. In case of return or replacement effort of quality or Purchaser's order compliant products the product delivery fee shall not be paid to the Purchaser and shall not be compensated for.
6. The exchange of information
6.1. The Seller shall send all the messages and make contact with the Purchaser by using the email address or telephone number submitted in the registration form.
6.2. The Purchaser shall send all the messages and questions by using the contacts and addresses indicated in the "Contacts" section of the EMANDIA online store.