1. General provisions
1.1. These Purchase – Selling Rules (hereinafter referred to as the “Rules”) are a legally binding document providing for the mutual rights, obligations and liabilities of the Buyer (hereinafter referred to as “You”) and the Seller (hereinafter referred to as “us”) when You purchase goods at the e-shop www.probiosanus.com (hereinafter referred to as the “e-shop”).
1.2. Before making your purchases at the e-shop You can either register at the e-shop site or buy goods as a guest.
1.3. When purchasing at the e-shop site www.probiosanus.com You shall consent to the following Rules without any reservations or limitations whatsoever.
1.4. By registering at the e-shop site www.probiosanus.com and by consenting to these Rules You acknowledge having the right to purchase goods at the e-shop free of any restrictions, i.e. You are:
1.4.1. a natural person with legal capacity;
1.4.2. an under-aged person of fourteen to eighteen years of age and have the consent of your parents or carers,
1.4.3. a legal entity / representative thereof.
1.5. By consenting to these rules You also agree to receive at your e-mail address the letters with information necessary for the order of goods, payment and delivery. You also agree to have your e-mail address used for the purposes of direct marketing and survey. Should you disagree with the use of your e-mail address for the purposes of direct marketing and/or survey, please inform us of this fact by sending an e-mail to [email protected]
2. Conclusion of the Purchase – Selling Contract
2.1. The contract between You and us shall be deemed concluded the moment you press “Order” after adding your products to the shopping cart, indicating the delivery address, choosing the payment method and familiarising with our Rules.
2.2. Each contract concluded between You and us shall be saved at the e-shop.
3. Your rights
3.1. You have the right to buy goods at the e-shop in the procedure defined by these Rules and the e-shop.
3.2. You have the right to waive the contract of purchase – selling of goods concluded with the e-shop by informing us of this fact in writing (by e-mail, indicating the goods to be returned and the order number) latest within 7 (seven) business days from the day of delivery of goods. This provision shall not apply in cases when the contract was concluded in respect of the following:
3.2.1. provision of video and audio tracks and phonograms in any video and audio media, software, if the means of protection of the packaging were damaged by the consumer;
3.2.2. provision of newspapers, magazines, or other periodicals;
3.2.3. participation in games or lotteries;
3.2.4. in other cases when waiver of the purchase – selling contract is not possible under the legal acts of the Republic of Lithuania.
3.3. You are entitled to exercise your right to return the goods only if the returned goods are undamaged or have not had their exterior essentially changed, and if the goods have not been used.
3.4. We shall not be liable for the fact that the goods available at the e-chop have the colour, form or other features different from those of actual goods due to the features of the equipment used by You.
4. You shall undertake as follows
4.1. To accept ordered goods and pay the agreed price for them.
4.2. Should the information in Your registration form change, You shall immediately update it. Upon failure to update the information we shall not be liable for proper implementation of our contract.
4.3. By using the e-shop you agree and shall comply with the Rules.
5. Our rights
5.1. Should you try to harm the e-shop or stable functioning thereof, we can limit or suspend use of the e-shop by You or cancel your registration without any prior warning.
5.2. Under special circumstances we can suspend or discontinue activities of the e-chop without informing You in advance.
5.3. We can unilaterally change the conditions of these Rules at any time. You shall be informed of any changes when upon Your visit to the e-shop; in order to continue shopping You shall have to repeatedly accept the amended conditions. Should you refuse to accept the amended conditions, we shall retain the right not to accept your order.
5.4. We have the right at the discretion of our own to set a minimum size of the shopping cart, i.e. the minimum amount of order to make it accepted.
6. We shall undertake as follows
6.1. To provide you with all the conditions to properly use the services of the e-shop.
6.2. To deliver ordered goods to You at the address indicated by You and within the agreed delivery term.
6.3. If important circumstances prevented from delivery of goods to You, we shall undertake to offer analogous goods to you, and should You refuse accepting analogous goods, we shall refund Your payment within 10 (ten) business days.
6.4. should You exercise the right to return goods, we undertake to refund Your payment within 10 (ten) business days from the day of receipt of the returned goods.
7. Delivery of goods
7.1. The Goods shall be delivered in the territory of the Republic of Lithuania. To have the goods delivered to a territory not specified in the order form, please e-mail the e-shop individually. These Rules shall not apply to such an order.
7.2. You shall see the price of delivery of goods after confirming the order.
7.3. The goods shall only be delivered upon receipt of your payment for the goods and delivery at our bank account specified in the approval of the order, and after we confirmed receipt of the payment. Payments by bank transfer shall be confirmed on business days latest within 24 hours from the moment of approval of the order. Should we not receive full payment within 24 hours from the moment of approval of the order we shall cancel your order.
7.4. The terms of delivery of goods are available at the e-shop’s “Delivery of goods”. The Goods delivered under individual order shall be delivered within the agreed time. You shall consent to the fact that in exceptional cases delivery of goods can be delayed doe to unintended circumstances beyond our control. In such case we shall undertake to immediately contact You and come to an agreement regarding the conditions of delivery of goods.
7.5. You undertake to accept the goods personally. If You are unable to accept the goods personally, and the goods have been delivered to the address specified by You and in accordance with other information provided by You, you shall not be entitled to any claims against us regarding delivery of the goods to a wrong subject.
7.6. At the moment of delivery of goods you together with us or our authorised representative shall verify the state of delivered goods and sign the Delivery note.
7.7. Having you signed the Delivery note we shall consider that the goods delivered are in good order and the consignment has also been properly served, and that you have no claims regarding the goods in the consignment.
7.8. Having noticed external damage, dent (-s), scratch (-es), corrosion damage, etc. of the goods in the consignment you must immediately indicate this in the document of handover-acceptance of the consignment and draw up a free form statement on damage (incompliance) of the consignment and/or goods in presence of us or our authorised representative. Upon failure by you to perform this acts we shall be deemed exempt from liability to you regarding damage to the goods (when such damage is not the result of manufacturing defects) and deviations from the set of gods which can be established by inspecting exterior of the goods.
7.9. Within 2 (two) days from receipt of goods You have the right to submit a claim against us regarding discrepancies You noticed later and registered in a statement. In such case we shall undertake to consider Your claim within 10 (ten) business days and, should the claim be reasonable, offer You to return the goods or replace them with ones of good quality, or reduce the price of goods.
8. Return of goods
8.1. Goods shall be returned in the procedure defined by Order No 217 of the Minister of Economy of the Republic of Lithuania “Regarding Approval of the Rules of Return and Replacement of Goods” of 29 June 2001 and “Rules of Sale of Goods and Provision of Services When Contracts are Concluded Using Means of Communication” approved by Order No 258 of the Minister of Economy of the Republic of Lithuania.
8.2. Returned goods shall have no parts missing. You shall be responsible for making sure no parts are missing and for packaging. Should some part of the goods be missing and should they be improperly packed, we or our representative shall not accept the returned goods.
8.3. Goods shall be returned in the packaging, in which it was delivered. Packaging shall be undamaged, clean, properly prepared and packed.
8.4. In the event You waived the contract on purchase and selling of goods within 7 (seven) business days from the day of delivery of goods, the goods shall be returned at our expense within 15 (fifteen) days from your written notification of Your waiver of the purchase and selling contract. If You are not satisfied with the form, colour, size, model, or complement (save for exceptions defined by the legal acts of the Republic of Lithuania) of goods, such goods shall be replaced or return thereof shall be accepted within 15 (fifteen) days from delivery of goods to You; in such case return of goods shall be at the expense of Yours.
8.5. If goods of bad quality are returned, we shall undertake to accept the goods of bad quality and replace them with analogous goods. If we have no analogous goods available, we shall refund You for the amount paid for the goods.
9.1. You bear full responsibility for correctness of the information provided in the registration form. We shall not be deemed liable for the loss resulting from the failure by You to provide specific information in the registration form.
9.2. You shall be liable for Your acts while using the e-shop.
9.3. You shall be liable for handing over the registration password to third parties. Should third parties use Your registration password, You shall be deemed liable for the acts by the third party.
9.4. We shall not be deemed liable for the information provided at the sites of other companies even if you enter such sites using the links available in the e-shop.
9.5. In case of damages the guilty party shall compensate to the aggrieved party for the losses incurred.
10. Sending of information
10.1. We shall send all the notification for You to the e-mail address indicated in Your registration form.
10.2. You shall send any notifications and inquires to the e-mail address of the e-shop: [email protected]
11. Final provisions
11.1. These Rules shall be subject to the legislation of the Republic of Lithuania.
11.2. Any disputes arising from performance of these Rules shall be resolved during negotiations. Should the negotiations fail, the disputes shall be resolved in the procedure defined by the laws of the Republic of Lithuania at the courts of the Republic of Lithuania in accordance with the place of registration of our company.