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Terms and Conditions

1. DEFINITIONS

1.1. The Rules on Purchase and Sale of Goods and Services (hereinafter referred to as the “Rules”) shall regulate the rights, obligations of the Purchaser and the Seller, the prices of the goods, payment procedure, time limits, delivery, the quality warranty for the goods, return and replacement of the goods, responsibilities.

1.2. The E-Store (hereinafter referred to as the “Store”) shall mean an e-store on the website www.cups.lt in which the Purchaser who has registered or not registered on the system of the store Cups.lt is entitled to purchase the goods offered by the Seller.

1.3. The Seller shall mean a private legal person incorporated and operating in accordance with the laws of the Republic of Lithuania which administers the Store Cups.lt, i.e. Taurės UAB, registration number: 302587332, VAT identification number: LT100005886210, address: Pramonės g. 21D, Šiauliai, telephone +37060768149, e-mail address: info@cups.lt.

1.4. The Purchaser shall mean a person that meets the requirements provided for in these Purchase-Sale Rules and purchases goods on the Store Cups.lt.

1.5. The Parties shall mean the Purchaser and the Seller collectively.

1.6. Personal Data shall mean any information relating to an identified or identifiable natural person (data subject).

1.7. The Purchase-Sale Contract shall mean a contract of purchase and sale of goods or services concluded between the Purchaser and the Seller which shall consist of an order-application for goods or services submitted by the Purchaser to the Seller on the Store Cups.lt and the Purchase-Sale Rules including subsequent amendments and supplements thereto.

2. GENERAL PROVISIONS

2.1. Upon approval of these Rules on Purchase and Sale of Goods and Services by the Purchaser (familiarisation with the Rules and ticking the statement “I have familiarised myself with the Rules of Cups.lt and accept them), the Rules shall be a legal document binding upon the Parties which shall establish the rights and duties of the Purchaser and the Seller, the conditions of purchase of goods and services and payment therefore, the procedure for delivery and return of goods, the liability of the Parties and other provisions concerning purchase and sale of goods and services on the E-Store Cups.lt. These Rules shall be applicable to each purchase on the Store Cups.lt and each Purchase-Sale Contract concluded between the Purchaser and the Seller.

2.2. The Purchaser shall be entitled to purchase goods and services on the Store Cups.lt after accepting the Rules. When the Purchaser confirms that he/she has familiarised himself/herself with the Rules, he/she shall undertake to observe them and comply with them. By purchasing goods and services on the Store, the Purchaser shall agree with application of the Rules and confirms that he/she has understood them. In case where the Purchaser fails to read and/or understand the Rules or accept them, he/she shall not be entitled to purchase goods and services on the Store.

2.3. Hereinafter the definition “goods” shall include goods and services unless expressly indicated or the context suggests otherwise.

2.4. Commercial activities on the Store Cups.lt shall be carried out from the territory of the Republic of Lithuania.

2.5. The following persons shall be entitled to purchase on the Store Cups.lt:

2.5.1. natural persons having legal capacity, i.e. persons who have attained majority and whose legal capacity is not limited under the procedure established by the court;

2.5.2. minor persons aged from fourteen to eighteen only with consent of the parents or carers except for the cases when they are emancipated;

2.5.3. legal persons;

2.5.4. authorised representatives of all afore-mentioned persons.

2.5. By confirming the Rules the Purchaser shall certify that he/she is entitled to purchase goods on the Store Cups.lt.

2.6. The Purchaser shall be obliged to familiarise with the Privacy Policy approved by the Seller. The Purchaser shall express his/her acceptance or non-acceptance of the particular ways of use of the Purchaser’s Personal Data in accordance with the procedure prescribed in the Privacy Policy.

2.7. The Seller shall reserve the right at any time to amend, revise or supplement the Rules in accordance with the requirements set forth in the legislation.

3. PERSONAL DATA PROTECTION

3.1. Both registered and unregistered users shall be entitled to order goods on the Store Cups.lt.

3.2. By ordering goods the Purchaser shall indicate his/her personal data necessary for proper fulfilment of the order for goods, i.e. name, surname, address for delivery of goods, telephone number and e-mail address, in the respective fields of information on the Store.

3.3. By confirming these Rules the Purchaser shall agree that his/her personal data was processed for the purposes of sale of goods and services on the Store Cups.lt. Personal Data shall be processed for no longer than is necessary for the purposes of personal data processing. Data which is processed on the basis of a contract shall be destroyed 10 years from the date of performance of the Purchase-Sale Contract.

3.4. By agreeing that his/her Personal Data was processed for the purposes of sale of goods and services on the Seller’s E-Store also agrees that information notices necessary for fulfilment of the order by the e-mail address or telephone number indicated by him/her.

3.5. By placing an order, the Purchaser shall be entitled to express his/her consent/dissent to use of his/her Personal Data for the purposes of direct marketing. He/she shall do this by ticking (I agree that my personal data was used for the purposes of direct marketing) or not ticking (I do not agree) the appropriate box.

3.6. The Seller shall certify that the Personal Data specified by the Purchaser shall be processed only for the purposes of sale of goods and services on the Store Cups.lt and for the purposes of analysis of the Seller’s activities and direct marketing (except for the cases where the Purchaser refuses that his/her Personal Data was processed for the purposes of direct marketing).

3.7. The Seller shall undertake not to disclose the Purchaser’s Personal data to third parties except for the Seller’s partners providing the services of delivery of goods or other services related to proper fulfilment of the Purchaser’s order. In all other cases, the Purchaser’s Personal data may be disclosed to third parties only in accordance with the procedure prescribed in the legislation of the Republic of Lithuania.

3.8. The Seller shall be entitled to use data not directly related to the Purchaser’s personality, i.e. data on the purchased goods, for statistical purposes. Such statistical data shall be collected and processed so that the personality of the Purchaser or other Personal Data on the basis of which the person can be identified, were not disclosed.

4. CONCLUSION OF THE PURCHASE-SALE CONTRACT

4.1. The Purchaser shall be entitled to order goods on the Store Cups.lt in one of the following ways, at his/her own discretion:

4.1.1. via the Internet by registering on Cups.lt;
4.1.2. via the Internet without registration on Cups.lt;
4.1.3. by telephone;
4.1.4. by e-mail;
4.1.5. on the stores of Taurės UAB.

4.2. When, having chosen the purchased good or service and having formed a basket of goods, the Purchaser carries out all steps of the order the last of which is choosing and confirmation of the method of payment, the Seller and the Purchaser shall be deemed to be bound by legal relations arising out of purchase and sale and the Purchase-Sale Contract shall be deemed to be concluded. The Purchaser shall be notified of confirmation of the order by sending a notification to the e-mail indicated by the Purchaser.

4.3. Each Purchase-Sale Contract concluded between the Purchaser and the Seller shall be registered and stored in the database of the E-Store Cups.lt. The Purchaser shall be able to see his purchase history by logging in to the system of the Store.

5. RIGHTS OF THE PURCHASER

5.1. The Purchaser shall be entitled to purchase goods on the Store Cups.lt in accordance with the procedure established herein and in other information sections of the Store.

5.2. The Purchaser shall be entitled to familiarise with his/her Personal Data and request to rectify his/her incorrect, incomplete, inaccurate Personal Data by writing an e-mail to info@cups.lt. The Seller shall immediately fulfil the Purchaser’s request.

5.3. Following the Retail Trade Rules approved by 22 July 2014 Resolution No 738 of the Government of the Republic of Lithuania, the Purchaser as a natural person shall be entitled to withdraw from the Purchase-Sale Contract concerning goods within 14 (fourteen) days by giving a notice to the Seller without specifying the reason. The Purchaser shall not be entitled to exercise the afore-mentioned right if one of the contracts provided for in paragraph 2 of Article 6.228-10 of the Civil Code of the Republic of Lithuania is concluded.

5.4. The Purchaser shall notify the Seller of withdrawal from the Purchase-Sale Contract by submitting a clear application setting out his/her decision to withdraw from the contract. The notice of withdrawal from the contract shall be sent to the e-mail info@cups.lt. Having received such notice of the Purchaser, the Seller shall immediately send a confirmation of receipt of the notice.

5.5. If the Purchaser purchases a goods of unsatisfactory quality from the Store Cups.lt, he/she shall be entitled:

5.5.1. to request that the Seller eliminated any defects in the thing free of charge;

5.5.2. to request the Seller to replace a good of unsatisfactory quality with the goods of satisfactory quality free of charge;

5.5.3. to request the Seller to reduce the price accordingly;

5.5.4. to unilaterally terminate the contract and request for repayment of the paid amount.

6. OBLIGATIONS OF THE PURCHASER

6.1. The Purchaser shall be obliged to pay for the goods and accept them under the procedure established herein.

6.2. In case of a change in the data provided in the Purchaser’s order form, he/she shall be obliged to immediately notify the Seller.

6.3. The Purchaser shall undertake not to transfer his/her login data to third parties. If the Purchases loses his/her login data, he/she shall be obliged to immediately notify the Seller.

6.4. When using the Store Cups.lt, the Purchaser shall undertake to comply with these Rules and other terms and conditions specified in the Store and not to violate the legislation of the Republic of Lithuania.

7. RIGHTS OF THE SELLER

7.1. The Seller shall be entitled to annul an order if the Purchaser chooses the methods of payment provided for in paragraph 9.2.1 or 9.2.2 hereof and fails to pay for the goods within 3 (three) working days without prior notice to the Purchaser.

7.2. Where the Purchaser chooses the method of payment provided for in paragraph 9.2.3 hereof, in case of any doubts as to information provided in the order, the Seller shall be entitled to contact the Purchaser according to the details indicated in the order. In such case, the time limit for delivery of the goods shall run from the date of contacting the Purchaser. The Purchaser’s order may be annulled without prior notice if:

7.2.1. the Seller fails to contact the Purchaser within 2 (two) working days from the date of placing the order;

7.2.2. the Purchaser fails to furnish the Seller with the requested information within the time limit set by the Seller;

7.2.3. the Purchaser fails to give a consent to verification of Personal Data to the Seller.

7.3. The Seller shall be entitled, at its own discretion, to determine the minimum size of the basket, i.e. the minimum amount upon reaching of which the Purchaser’s order shall be fulfilled. The afore-mentioned amount shall be indicated on the E-Store Cups.lt.

7.4. If the Purchaser attempts to undermine the stability and security of operation of the E-Store or breaches his/her obligations, the Seller shall be entitled to immediately restrict or suspend his/her possibilities to use the E-Store or, in exceptional cases, annul the Purchaser’s registration.

7.5. In case of serious circumstances, the Seller shall be entitled to temporarily or permanently discontinue operation of the E-Store without prior notice to the Purchaser.

7.6. If the Seller is not able to fulfil an order in a timely and proper manner due to serious reasons, it shall reserve the right to change the delivery conditions and time or cancel an order by giving a prompt notice to the Purchaser and repaying the paid amount if the Purchaser has paid for the order.

7.7. The Seller shall be entitled to publish different sales promotions or special sales of the goods and services available on the Store Cups.lt. The Seller shall also be entitled to employ various marketing techniques with a view to making the sold goods public or improving the visibility of the sold goods etc.

7.8. The Seller shall be entitled to unilaterally change the conditions of sale of goods or sales promotions of goods and cancel them without a separate notice. The obligations of the Seller and the Purchaser arising at the moment of purchase and sale of goods shall remain unchanged.

8. OBLIGATIONS OF THE SELLER

8.1. The Seller shall undertake to enable the Purchaser to use the services provided by the Store Cups.lt in accordance with the terms and conditions established in these Rules and on the E-Store.

8.2. The Seller shall undertake to respect and protect the Purchaser’s right of privacy in relation to personal information belonging to him/her specified in the form of registration in the Store or the purchase form and process the afore-mentioned data in accordance with the laws of the Republic of Lithuania.

8.3. The Seller shall undertake to deliver the goods ordered by the Purchaser to the address indicated by him/her. If at the moment of ordering the Purchaser indicates false information or address, the Seller shall not be liable for such non-conformity of the data.

8.4. In case where the Seller cannot deliver an ordered good to the Purchaser due to important circumstances, the Seller shall be entitled to offer a similar or equivalent good to him/her. If the Purchaser objects to replacement of the good with a similar or equivalent good, the Seller shall undertake to repay the amount of money paid by the Purchaser within 14 (fourteen) working days if an advance payment was made and cancel the order.

9. PRICES OF GOODS, PAYMENT PROCEDURE AND TIME LIMITS

9.1. The prices of goods on the Store Cups.lt and the generated order shall be indicated in EUR excluding value added tax (VAT). The price of goods shall not include the costs of delivery of the goods. The costs of delivery of the goods shall be paid by the Purchaser.

9.2. The Purchaser shall be entitled to settle accounts for the ordered goods in one of the following ways:

9.2.1. through online banking;

9.2.2. by payment cards;

9.2.3. by a bank transfer;

9.2.4. in cash or by a bank card at the moment of delivery or collection of the goods;

9.3. The Seller shall reserve the right to request for partial or full advance payment from the Purchaser.

9.4. By confirming the Rules the Purchaser shall agree that the documents concerning purchase of the goods, i.e. VAT invoices which shall also constitute thee warranty documents of the goods may be issued to him/her physically together with the goods or electronically sending them to the e-mail address indicated in the Purchaser’s registration form immediately after fulfilment of the order.

9.5. The VAT invoices shall contain the Seller’s details, the chosen goods, quantity thereof, allowed discounts, the final price of the goods including all taxes and other data approved and mandatory according to the legal acts regulating accounting.

10. DELIVERY OF GOODS

10.1. When ordering the goods, the Purchaser shall be entitled to choose one of the ways of delivery of the goods specified in the particular offer of the good sold by the Seller.

10.2. If the Purchaser chooses the home delivery service at the moment of ordering the goods:

10.2.1. the Purchaser shall undertake to indicate the exact place of delivery of the goods;

10.2.2. the Purchaser shall undertake to accept the goods by himself/herself. When accepting the goods, a valid identity document (identity card, passport or new driving licence) shall be presented. If the Purchaser fails to accept the goods by himself/herself although the goods are delivered to the address indicated by the Purchaser, the Seller shall be entitled to transfer the goods to another person at the address indicated by the Purchaser and the Purchaser shall not be entitled to bring claims for delivery of the goods to the wrong person against the Seller;

10.2.3. the goods shall be delivered by the Seller or its authorised representative (courier service);

10.2.4. the fee for the service of home delivery of goods shall not include the service of takeover/bringing the goods to the premises. The Purchaser shall be entitled to additionally order the takeover service.

10.3. The Purchaser shall be entitled to collect the goods free of charge in physical stores of Taurės UAB.

10.4.1. The ordered goods must be collected not later than within 10 (ten) working days from the Seller’s notice of availability of the goods for collection to the Purchaser sent by e-mail.

10.4.2. The goods may be collected only by the person who has placed the order or the person indicated at the moment of placing the order. When collecting the goods, the person must bring a valid identity document (identity card, passport or new driving licence) and produce it to the employee of Taurės UAB.

10.5. The Seller shall deliver the goods to the Purchaser within the time limits set out in the descriptions of the goods. The afore-mentioned time limits shall be preliminary and not applicable in cases where necessary goods are not available in the Seller’s storehouse and the Purchaser is notified of a lack of the goods ordered by him/her. The Purchaser shall also agree that, in exceptional cases, delivery of the goods may be delayed due to unforeseen circumstances beyond control of the Seller. In such case, the Purchaser shall undertake to immediately contact the Purchaser and agree on the conditions of delivery of the goods.

10.6. In all cases, the Seller shall be released from liability for a breach of the time limits for delivery of the goods if the goods are not delivered to the Purchaser or are delivered to the Purchaser not in due time through the fault of the Purchaser or due to the circumstances attributable to the Purchaser.

10.7. The good shall be deemed to be transferred to the Purchaser at the moment of delivery of the Goods when the Purchaser signs in the electronic consignment marking device of the courier and the fact of acceptance is recorded in the courier service.

10.8. At the moment of delivery of the consignment the Purchaser must examine the condition of the consignment together with the Seller or its authorised representative. When the Purchaser signs the invoice, consignment note or another document evidencing transfer and acceptance of the consignment, the transferred consignment shall be deemed to be of appropriate condition. If the Purchaser notices that the packaging of the delivered consignment is damaged (crumpled, wet or otherwise externally damaged) or the delivered good is of improper completion, quantity or range, the Purchaser shall be obliged to mark this in the document evidencing transfer and acceptance of the consignment or the electronic consignment scanner of the courier and draw up a free format consignment damage report in the presence of the Seller, the courier or his representative. If the documents are signed without any remarks, the transferred consignment shall be deemed to be free of defects and no claims for the defects of the courier’s services or goods shall be accepted. The Purchaser shall undertake to immediately notify the Seller of any detected quality defects of the goods which could not be detected at the moment of transfer of the good by e-mail info@cups.lt.

10.9. If the Purchaser fails to collect the goods within the set time limit or in case of a failure to deliver them to the Purchaser and the Purchaser has not paid for the goods, the order shall be annulled.

10.10. If the Purchaser fails to collect the goods within the set time limit or in case of a failure to deliver the goods to the Purchaser and the Purchaser has paid for the goods and delivery thereof, the representatives of Cups.lt shall contact the Purchaser for another time or method of delivery of the goods. If the Purchaser still fails to collect the goods or in case of a failure to deliver them, the order shall be annulled and the amount of money paid for the goods less the fee for delivery of the goods (if applicable) shall be repaid to the Purchaser.

11. WARRANTY AND QUALITY OF GOODS

11.1. The characteristics of the goods sold on the Store Cups.lt shall be indicated in the description of the good sent with each good.

11.2. The Seller shall not be liable for non-conformity of the colour, shape or other parameters of the good available on the E-Store with the actual size, shape and colour of the good due to properties of the display used by the Purchaser.

11.3. The goods sold on the Store Cups.lt shall be subject to the warranty periods established by the manufacturers and specified in the descriptions of the goods. If the manufacturer does not set a warranty period for certain goods, the warranty provided for in the legislation of the Republic of Lithuania shall be applicable.

11.4. In case of purchase of a good of unsatisfactory quality, by mutual agreement, the Purchaser shall be entitled to keep the defective good and recover a part of the price paid for such good.

12. RETURN OR REPLACEMENT OF GOODS

12.1. Return and replacement of the goods shall be carried out in accordance with the Retail Trade Rules approved by 22 July 2014 Resolution No 738 of the Government of the Republic of Lithuania.

12.2. The Purchaser shall be entitled to withdraw from the Purchase-Sale Contract concerning the goods within 14 (fourteen) days by giving a notice to the Seller by e-mail info@cups.lt without specifying the reason.

12.3. The Purchaser shall be entitled to replace the purchased goods with equivalent goods of other dimensions, shape, colour, model or completion within 14 (fourteen) days from the date of transfer of the goods to him/her. In case of arising of a difference of prices as a result of replacement of the goods, the Purchaser and the Seller shall be obliged to settled accounts at the recalculated prices. The Purchaser’s notice of willingness to exercise the right provided for in this paragraph hereof in relation to the returned goods shall be sent to the Seller by e-mail info@cups.lt.

12.4. The returned good shall not be damaged, shall not have lost its commercial appearance (the labels are not damaged, the protective film is not removed etc.). This paragraph shall not be applicable in case when a good of unsatisfactory quality is returned. The condition concerning change of the appearance of the packaging shall not be applicable if the packaging had to be damaged in order to examine the good.

12.5. The returned good shall be complete.

12.6. When returning the good, its purchase document must be produced.

12.7. The Seller shall be entitled not to accept the goods returned by the Purchaser if the Purchaser fails to observe the established procedure for return of the goods.

12.8. The Purchaser shall deliver the returned goods at his/her own expense to the address Taurės UAB, Pramonės g. 21D, Šiauliai.

12.9. The Goods shall be returned not later than within 14 (fourteen) days from the date of giving the notice of withdrawal from the contract to the Seller. The liability for proper packaging of the good shall fall within the Purchaser.

12.10. The money for the goods shall be repaid to the Purchaser within 7 (seven) calendar days from the date of return of the good to the bank account indicated by the Purchaser.

13. LIABILITY

13.1. The Purchaser shall be liable for unlawful actions carried out using the Store Cups.lt.

13.2. The registered Purchaser shall be liable for protection of his/her login data and/or transfer thereof to third parties. If a third party that has logged in to the Store Cups.lt using the Purchaser’s login data uses the services provided by Cups.lt, the Seller shall consider such person as the Purchaser.

13.3. The Seller shall be released from any liability in cases when losses arise due to a failure to take into account the Seller’s recommendations and own obligations by the Purchaser, a failure to familiarise with these Rules and the Privacy Police by the Purchaser although he/she had such opportunity.

13.4. The Seller shall not be liable for proper performance of mutual obligations of the partners of the Purchaser and the Seller whose services were ordered by the Purchaser.

14. MARKETING TECHNIQUES APPLIED BY THE SELLER

14.1. The Seller shall reserve the right, at its own discretion, at any time to enter and/or cancel proposals, sales promotions or change the prices of the goods published on the Store Cups.lt as well as the material or content of the Store without violating the Purchaser’s rights including a breach the terms and conditions of the Purchase-Sale Contract concluded before such amendment.

15. EXCHANGE OF INFORMATION

15.1. All communication concerning purchase of goods using the Store shall be carried out using the contact details indicated on the website Cups.lt.

15.2. Cups.lt shall send all notices at the moment of registration of the Purchaser or at the moment of ordering the goods to the indicated e-mail address or by SMS to the indicated telephone number in accordance with the procedure prescribed in these Rules and the Privacy Policy.

16. FINAL PROVISIONS

16.1. These Rules shall be drawn up in accordance with the legislation of the Republic of Lithuania.

16.2. Any relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.

16.3. All disagreements arising out of compliance with these Rules shall be resolved by negotiations. In case of a failure to reach an agreement, disputes shall be resolved in accordance with the procedure prescribed in the legislation of the Republic of Lithuania.