Terms of service

Terms of service RULES FOR PURCHASE AND SALE

 GOODS The present rules for purchase and sale (hereinafter – the Rules) establish mutual rights, duties and responsibilities of the person (hereinafter – the Buyer) who visits, wishes to acquire and acquires goods in the e-shop available at Vaižganto g. 51, Lithuania (hereinafter – the Shop) and legal entity code 952505, registered office address Vaižganto g. 51, Lithuania, telephone number +37069440990, e-mail address info@sadchristopher.com (hereinafter – the Seller), when the Buyer purchases goods in the Shop. GENERAL PROVISIONS 1.1. These Rules are a legally binding document. Should the Buyer decide to purchase the goods from the Shop and fulfil the requirements provided for in the Rules, the Rules shall become a purchase and sale agreement between the Buyer and the Seller. 1.2. The following persons shall have the right to buy in the Shop: 1.2.1. Legally capable natural persons, i.e. the persons who have reached the age of majority and whose legal capacity is not restricted by a court order; 1.2.2. Legal entities; 1.2.3. Authorised representatives of all the above persons. 1.3. The Buyer may only purchase goods in the Shop after having read the Rules and committed to comply with them. The Buyer is required to read the Rules before each purchase. When the Buyer does not agree with the Rules (or part of them), it may not order the goods. If the Buyer places orders in the Shop, it is considered that the Buyer has read the Rules, understood them and consented to them, also undertaken to comply with them. 1.4. Before using the Shop, the Buyer must also read the Privacy Policy , which sets out the basic conditions for the processing of the Buyer’s personal data and privacy. As long as the Buyer is using the Shop, it is considered that it has read the Privacy Policy and consents to it. At certain stages of using the Shop, such as when the Buyer registers in the Shop, forms or confirms an order, the Buyer may be asked to confirm that it has read the Privacy Policy by ticking the appropriate box or otherwise. 1.5. The Seller has the right to change the Rules. Changes to the Rules shall take effect after their publication in the Shop. If the Buyer uses the Shop after the publication of the changes to the Rules, it is considered that it agrees with the changes to the Rules. 1.6. Trading activities in the Shop shall be carried out from the territory of the Republic of Lithuania. 1.7. Hereinafter, the term “goods” includes all goods which are sold in the Shop. BUYER’S MEMBERSHIP AND ACCOUNT 2.1. The Buyer is fully responsible himself for maintaining security and integrity of its Shop account (hereinafter – the Account) and the Buyer is also fully responsible for all activities that occur under the Account and any other actions taken in connection with it. Therefore, the Buyer undertakes to notify the Seller immediately in case of unauthorised access of Buyer’s Account or any other breach of Account’s security. 2.2. The Seller shall have no obligation to monitor and review Accounts of the new Buyers. 2.3. In case the Buyer provides false contact information of any kind that may result in the termination of the Buyer’s Account. 2.4. The Seller shall not be liable for any acts or omissions by the Buyer, including any damages of any kind incurred as a result of such acts or omissions. 2.5. The Seller may suspend, disable, or delete Buyer’s Account (or any part thereof) if it would be determined that the Buyer have violated any provision of these Rules or that the Buyer's conduct or content would tend to damage the Seller's reputation and goodwill. If the Seller deletes Buyer's account for the foregoing reasons, the Buyer shall not re-register. The Seller may block Buyer's email address and IP address to prevent further registration.

CONCLUSION OF THE PURCHASE AND SALE AGREEMENT

3.1. To purchase the goods, the Buyer shall select the goods and add them to the shopping cart in the Shop. After concluding this procedure, the Buyer shall go to the check out and confirm his order. 3.2. The Buyer shall be able to buy goods in the Shop: 3.2.1. By registering in the Shop – entering the requested necessary data in the registration form and creating an account. 3.2.2. Without registering in the Shop – as an unregistered Buyer using express checkout function. When the Buyer selects this option, he/she shall complete the further steps of this procedure. 3.3. The Buyer shall be able to submit a discount code (if he has it) to receive a monetary discount for the purchase. The Buyer must enter the relevant discount code during the online checkout process. Only one discount code can be used per one order and additional terms and conditions may apply in respect of each discount code. The Seller reserves the right to decline to accept any discount code that is invalid or that has expired. 3.4. After completing the above steps, the Buyer shall continue to the shipping details where he/she shall submit the shipping region, address, and continue to the payment section where the Buyer shall choose the payment method and pay the price of the shopping cart, shown to the Buyer. Available payment methods are shown in the Shop, as well as are described below in the Rules. 3.5. The purchase and sale agreement is considered to be concluded from the moment when the Buyer has completed all above steps, and the Seller confirms the Buyer’s order by sending a confirmation message, invoice, etc. by e-mail. 3.6. Prior to the conclusion of the agreement, the Seller may send to the Buyer certain intermediate confirmation messages, such as confirmation that the payment has been received, etc. 3.7. A purchase and sale agreement shall be concluded for each order of the Buyer. The concluded purchase and sale agreement shall be stored in the Seller’s database. 3.8. After confirming the Buyer’s order, the Buyer undertakes to accept the goods ordered in the Shop. 3.9. The Seller may not confirm the Buyer’s order for important reasons, for example, the Buyer specifies the delivery address, where the Seller does not deliver the goods, the Buyer does not provide the delivery address for the goods, specifications of the goods, the Seller does not have the goods the Buyer wants, the Buyer has not confirmed its consent with the Rules, the Buyer, in the Seller’s opinion, is making wholesale purchases and/or for other reasons indicated to the Buyer individually. 3.10. The purchase and sale agreement shall be deemed to be performed when the goods are transferred to the Buyer in accordance with the procedure established by the Rules and legal acts of the Republic of Lithuania.

RIGHTS AND OBLIGATIONS OF THE BUYER

4.1. The Buyer shall be entitled to: 4.1.1. Buy in the Shop in accordance with the Rules, the Seller’s instructions and the legal acts of the Republic of Lithuania; 4.1.2. The Buyer-consumer shall be entitled to withdraw from the purchase and sale agreement concluded in the Shop by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the Civil Code of the Republic of Lithuania and these Rules; 4.1.3. Return and/or replace defective and/or incomplete goods, invoke the warranties applicable to the goods as set out in the Rules; 4.1.4. To other rights provided for in the Rules and/or legal acts of the Republic of Lithuania. 4.2. The Buyer undertakes: 4.2.1. To pay the price of the goods and their delivery, make other payments specified when ordering the goods and accept the ordered goods; 4.2.2. When accepting the goods to inspect and check them, as well as to inform the Seller about the damage to the parcel, clearly visible defects of the goods, non-conformity of the goods and completeness of the goods with the Buyer’s order; 4.2.3. To check whether the purchased goods are of good quality and immediately inform the Seller by e-mail e-mail address about the observed defects in the quality of the goods, non-conformity of the model or completeness of the goods, which could not be noticed during the transfer of the goods; 4.2.4. Having chosen the delivery service of goods or other services offered by the Seller, to create conditions for their provision, as well as to duly pay for such services; 4.2.5. To pay the cost of returning the goods, if these costs are to be borne by the Buyer; 4.2.6. To follow the return of the goods procedure as it is enshrined in the Rules; 4.2.7. To provide the correct registration data or the data required for delivery of the goods, safeguard confidentiality of the registration data, immediately update the information, if the Buyer’s registration data or the Buyer’s data required for delivery of the goods and performance of the agreement have changed; 4.2.8. Not to transfer to third parties the order number of the goods, order documents, Shop’s password or other data that would allow a third party to take back the goods for the Buyer without the Buyer’s knowledge and consent; 4.2.9. Not to use the Shop for: 4.2.9.1. for any unlawful purposes and acts; 4.2.9.2. violation of any international or national regulations, rules, laws or local ordinances; 4.2.9.3. the infringement of the Seller’s intellectual property rights or the intellectual property rights of third parties; 4.2.9.4. harassment, abuse, bullying, insult, injury, defamation, slandering, disparagement, intimidation or discrimination on the grounds of sex, sexual orientation, religion, ethnicity, race, age, nationality or disability; 4.2.9.5. submitting false or misleading information; 4.2.9.6. uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will or may affect the functionality or performance of the Shop, other websites or the Internet; 4.2.9.7. collecting or tracking the personal information of others; 4.2.9.8. spamming, phishing, pharming, pretexting, spidering, crawling, or scraping the Shop; 4.2.9.9. for any obscene or immoral purposes; 4.2.9.10. for interfering with or circumventing the security features of the Shop or any related website, other websites, or the Internet. The Seller reserves the right to terminate Buyer’s use of the Shop or any related website for violating any of the prohibited uses. 4.2.11. To comply with other requirements established in the Rules and the legal acts of the Republic of Lithuania.

RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller shall be entitled to: 5.1.1. Limit or suspend the Buyer’s access to the Shop without prior notice if the Buyer tries to impair the functioning or stable operation of the Shop and/or violates its obligations. The Seller shall not be responsible for any negative consequences caused to the Buyer by such actions; 5.1.2. Restrict or prohibit wholesale purchases. Wholesale purchases may be considered, at the Seller’s discretion, to be purchases where unusually large quantities of goods are ordered, the goods are ordered unusually frequently, as well as other criteria that allow the Seller to believe that the goods are ordered for non-consumer purposes; 5.1.3. Temporarily or permanently terminate the operation of the Shop, change the Shop or its individual parts, all and any of its content, restrict purchases carried out in it, change the Internet address of the Shop, limit the number of registered Buyers without notifying the Buyer in advance. The Seller shall not be responsible for any negative consequences caused to the Buyer by such actions; 5.1.4. Change the Rules, goods’ prices, purchase conditions and/or any other instructions related to the Shop by publishing the changes in the Shop. 5.2. The Seller shall be obliged to: 5.2.1. Deliver the goods to the Buyer in a timely and proper manner; 5.2.2. If for important reasons the Seller is unable to deliver the goods to the Buyer, offer the Buyer analogous goods or a goods very similar in its properties, and if the Buyer refuses to accept such goods, return to the Buyer the money paid by it within 5 (five) working days; 5.2.3. If unable to deliver the goods to the Buyer, return the money paid by the Buyer for the missing goods or for the entire order within 5 (five) working days; 5.2.4. Create conditions for the Buyer to use the Shop; 5.2.5. Respect the privacy of the Buyer, protect the confidentiality of its data as it is enshrined in the Privacy Policy; 5.2.6. To comply with other requirements established in the Rules and the legal acts of the Republic of Lithuania.


PRICE OF GOODS AND PAYMENT 
6.1. The prices of the goods in the Shop and/or the order shall be indicated in euros and inclusive of the value added tax. The Goods shall be sold to the Buyer at the prices valid in the Shop at the moment of placing the order. If the Buyer does not agree with the price of the goods indicated in the Shop/order, it cannot continue to order the goods. 6.2. Unless otherwise specified by the Seller, delivery of goods and other additional services offered by the Seller shall be paid extra and their price shall not be included in the price of the goods. Fees for delivery of goods and additional services shall be shown to the Buyer before the order is confirmed. 6.3. The Buyer shall pay for the goods in one of the following ways: 6.3.1. Prepayment – debit or credit card (to execute debit and credit card payments the Seller uses Stripe payment collection infrastructure, Paysera or PayPal. For more information about those platforms please follow the links provided above. The Buyer, after completing the steps described in the Rules, places the order and completes the payment for the goods through one of above payment methods to the Seller’s bank or payments/ payments system operator’s account. Prepayment must be made immediately after forming the order. Payment is considered to be made when the full amount due is credited to the Seller’s account. If the Buyer fails to make the payment, it shall be deemed that it has refused to purchase the goods and the Seller shall be entitled to cancel its order without separate notice. The Seller assures that all transactions are secure and encrypted. 6.3. The order shall be executed, and the delivery time of the goods shall start to count when the Seller receives a confirmation of the Buyer’s payment. 6.6. The Seller reserves the right to change the goods and the pricing of the goods at any time. 6.7. The Seller reserves the right to refuse any order placed by the Buyer and to limit or cancel quantities purchased per person, per household or per order (these restrictions may include orders placed by or under the same Buyer’s account, the same credit or debit card, and/or orders that use the same billing and/or shipping address.). 6.8. VAT invoices shall specify the goods selected, their quantity, the discounts applied, the final price of the goods, inclusive of all taxes, as well as any other details required to be provided by the accounting legislation. An invoice, at the Seller’s discretion, shall be forwarded to the Buyer to the e-mail address specified by it or handed over upon delivery of the goods to the Buyer. Shipping Policy DELIVERY OF THE GOODS 7.1. The goods are delivered worldwide, but the delivery of certain goods in certain territories may be restricted. Existing restrictions will be shown to the Buyer before ordering the goods. 7.2. The Buyer uses DPD, GLS, Deutsche Post, Lietuvos paštas, MyHermes as a carriers for shipping of the goods. The goods are delivered via couriers. The choice of delivery methods may differ depending on the locality where the Buyer wishes to receive the goods. 7.3. The delivery price shall be shown to the Buyer before the final stage of the order before the payment is made. The delivery price shall be paid together with the payment for the goods. Shipping price depends on the delivery address indicated by the Buyer and is calculated during the checkout process. Delivery of goods in the European Union is free of charge. 7.4. The shipping time depends on the region where the goods are being delivered The Buyer shall be informed of the exact date and time of delivery of the goods by an e-mail. The Seller shall not guarantee that the goods will be delivered in all cases within the delivery terms specified in the Rules, the Shop, as well as indicated to the Buyer individually, when the ordered goods are absent in the Seller’s warehouses, or when the goods cannot be delivered due to other circumstances (emergency, quarantine or similar reasons). In this case, the Seller shall immediately contact the Buyer and agree with it on the matters of delivery of the goods. 7.5. The Buyer will receive a tracking number via email specified in the Buyer’s order and will be able to track a parcel on the system of the delivery service provider or in other means. 7.6. The goods shall be delivered to the address specified by the Buyer. The Buyer undertakes to accept the goods itself or to provide the contact details of the person receiving the goods in the order. When transferring the goods, the Buyer may be asked to provide an identity document, as well as the information about the order sent by the Seller to the Buyer. In the event the Buyer is unable to accept the goods in person, and the goods have been delivered and transferred at the specified address and on the basis of other data provided by the Buyer, the Buyer shall not be entitled to make claims to the Seller regarding delivery of goods to the wrong person. 7.7. The Buyer must indicate the exact place of delivery of the goods and create suitable conditions for delivering the goods. 7.8. The delivery of goods procedure is subject to the rules of our delivery partners, which must be followed by the Buyer. 7.9. If the Buyer does not take back the delivered goods and the Seller fails to contact or agree on another delivery date for more than 3 (three) days from the return of the goods due to failed delivery, it shall be considered that the sales and purchase agreement has expired. In this case, the Seller shall return the price of the goods paid by the Buyer (the delivery costs are not refundable). 7.10. When accepting the goods, the Buyer must check the condition of the parcel, the quantity, quality, and assortment of the goods. If the packaging of the parcel is found to be damaged, but the non-conformity of quantity, quality and assortment of the goods are not found, the Buyer must indicate the packaging damage in the delivery confirmation or in the forms provided by the person who has delivered the parcel. In this case, the goods are considered to have been delivered in damaged packaging, but the quantity, quality and assortment of the goods comply with the terms of the purchase and sale agreement and the delivery of goods has been performed properly. 7.11. If a non-conformity of the quality, quantity and/or assortment of the goods is found, the Buyer shall be entitled not to accept such goods. The Buyer must indicate the refusal to accept the goods and the damage found in the delivery confirmation and/or in the forms provided by the person who has delivered the parcel. 7.12. Upon acceptance of the parcel by the Buyer without remarks, the goods are considered to be delivered in undamaged packaging, the quantity, quality and range of the goods being compliant with the terms of the purchase and sale agreement and additional services related to the sale and delivery of goods performed properly, except for the cases where the damage or non-conformities could not have been noticed immediately. 7.13. The goods shall be deemed delivered to the Buyer upon delivery of the goods to the address specified in the Buyer’s order and signing of the goods acceptance receipt or invoice, or another delivery document by the person having accepted the goods. 7.14. If the goods are not delivered on time, the Buyer shall immediately, but no later than within 1 (one) day, notify the Seller thereof. Otherwise, the Buyer may not make claims to the Seller for late delivery of the goods. 7.15. The Seller shall be released from liability for violation of the terms of delivery of the goods if the goods are not delivered to the Buyer, or are not delivered on time due to the fault of the Buyer or due to circumstances upon the Buyer’s control. The goods returned to the Seller for such reasons will not be re-dispatched to the Buyer until the Buyer pays the additional delivery costs.