Terms and Conditions

Terms and Conditions for Buying and Selling in the www.piuma.lt Online Store

1. General provisions

1.1. These rules for the purchase and sale of goods (hereinafter referred to as the “Rules”) determine the general conditions for using the “PIUMA” online store www.piuma.lt (hereinafter referred to as the “PIUMA” store). The rules are applied when the Buyer chooses, orders and buys the goods offered in the “PIUMA” store or in any other way uses the services provided by the “PIUMA” store.

1.2. In the “PIUMA” store, the sale of goods is organized and carried out and related services are provided to the Buyer by UAB “Gurmena”, registered office address: A. Juozapavičiaus pr. 27-6, LT-45226 Kaunas, legal entity code 303460462, VAT payer code LT100009165911 (hereinafter – “Seller”). “PIUMA” store sells goods owned by the Seller.

1.3. The buyer in these Rules is any person who buys in the “PIUMA” store or uses other services of the “PIUMA” store (hereinafter – the “Buyer”).

1.4. The buyer is not given the opportunity to place an order for goods in the “PIUMA” store if he is not familiar with the Rules and/or does not agree with them. In cases where the Buyer does not agree with the Rules or a certain part of them, he should not order goods in the “PIUMA” store. When the Buyer orders goods in the “PIUMA” store, it is considered that the Buyer has familiarized himself with and unconditionally agreed with the Rules.

1.5. The seller reserves the right to change, amend or supplement the Rules. When shopping at the “PIUMA” store, the Buyer is subject to the Rules in force at the time of placing the order, therefore the Buyer is recommended to familiarize himself with the Rules during each purchase.

1.6. The Seller does not take any risk or responsibility and is unconditionally released from it, if the Buyer did not fully or partially familiarize himself with the Rules, although he was given such an opportunity.

1.7. The seller, taking into account the technical capabilities of the “PIUMA” store system, has the right to limit the number of registered Buyers.

1.8. The Seller has the right to limit the Buyer’s use of the “PIUMA” store’s services or cancel the Buyer’s registration without warning, if the Buyer uses the “PIUMA” store in violation of these Rules, tries to harm the orders, work stability and/or safety of the “PIUMA” store.

1.9. The Seller may temporarily or completely terminate the operation of the “PIUMA” store without notifying the Buyer in advance. In the event of force majeure circumstances, the Seller has the right to suspend the performance of the contract until the force majeure circumstances disappear, by notifying the Buyer of the suspension of order execution. If the subsequent performance of the contract is no longer relevant for the Buyer, then the Buyer has the right to withdraw from the contract by notifying the Seller thereof. If the Seller ceases to operate, but is able to fulfill confirmed orders, all rights and obligations provided for in these rules or applicable legal acts related to already fulfilled or ongoing orders remain valid.

1.10. The Seller hereby informs, confirms and guarantees to the Buyer that he has the right to organize and carry out the sale of goods belonging to him in the “PIUMA” store and to provide the Buyer with other services related to the sale of such goods, as specified in these Rules.

2. Registration and processing of personal data

2.1. The buyer, in order to use the “PIUMA” store and buy the goods offered there, can purchase them even without registering. If you register in the “PIUMA” store system, you must fill out the registration form. The following personal data of the Buyer must be provided in the registration form: name, surname, e-mail, address where the goods will be delivered, telephone number, other data necessary for the delivery of the goods. The authorized representative of the legal entity provides the name of the legal entity instead of the first and last name.

2.2. The buyer is responsible for the accuracy, correctness and completeness of the data provided in the registration form. If the data provided in the Buyer’s registration form changes, he must update it immediately. In no case will the Seller be liable for damage caused to the Buyer and/or third parties due to the Buyer specifying incorrect and/or incomplete personal data or failing to change or supplement the data after they have changed.

2.3. The buyer has the right to freely change, supplement or cancel his registration data at any time.

2.4. When registering, the Buyer creates individual login data (username and password) and undertakes to keep them confidential and not disclose them to any third parties. In order to reduce the risk of unauthorized access to the “PIUMA” store on behalf of the Buyer, it is recommended to create a complex, hard-to-guess password and change it at least every 6 (six) months. The Buyer is responsible for the complexity of the login data created by him and for their preservation, as well as for any actions (data transfer, submitted product orders, user comments, etc.) that are performed in the “PIUMA” store after logging in with the Buyer’s individual name and password. If the services provided by “PIUMA” are used by a third person who has connected to the online store using the Buyer’s login data, the Seller considers this person to be the Buyer. If the Buyer loses his login data, he must immediately inform the Seller about this by mail, phone or e-mail. by letter or to change login data when logging in to the “PIUMA” store system. The Seller cannot and will not be held responsible for the damage caused to the Buyer when third parties connect to the “PIUMA” store using the Buyer’s login data. The security of login data is extremely important in the case of debit or credit card payments (see point 3.3.2).

2.5. By registering, the Buyer simultaneously grants the Seller the right to collect, accumulate, systematize, use and process for the purposes provided for in these Rules all and any personal data that the Customer directly or indirectly provides when registering and visiting the “PIUMA” store and using its services. The Seller is the controller of the personal data provided by each Buyer, as defined in the legal acts of the Republic of Lithuania.

2.6. The personal data provided by the buyer will be processed in accordance with the requirements of the Law on Legal Protection of Personal Data of the Republic of Lithuania, as well as other legal acts of the Republic of Lithuania regulating the processing and protection of this data. When processing and protecting the Buyer’s personal data, the Seller will implement organizational and technical measures that will ensure the protection of personal data against accidental or illegal destruction, alteration, disclosure, as well as against any other illegal processing.

2.7. The Buyer’s personal data will be used to identify the Buyer, to determine whether the Buyer and the person to whom the goods are delivered are of legal age (in cases established by the laws of the Republic of Lithuania), to carry out the sale and delivery of goods, to issue accounting documents, to return overpayments and/or money for goods returned by the Buyer , administering debts, fulfilling other obligations arising from the purchase and sale agreement and ensuring the Buyer the opportunity to use other services of the “PIUMA” store. The Buyer’s personal data will be processed for direct marketing purposes only after receiving the Buyer’s consent. The buyer’s consent is expressed by filling out the registration form and ticking the appropriate fields in the form in accordance with the procedure set forth in these Rules.

2.8. The personal data provided by the Buyer will be used exclusively by the Seller and its partners, with whom the Seller cooperates in the administration of the “PIUMA” store, delivery of goods and/or other services related to the submission or fulfillment of the Buyer’s order. The Seller will not disclose the Buyer’s personal data to third parties, with the exception of the Seller’s partners mentioned above in this point, or in the cases provided for in the legal acts of the Republic of Lithuania after receiving an obligation to do so.

2.9. The Seller may use data not directly related to the Buyer’s person for statistical purposes, i.e. i.e. data on purchased goods. Such statistical data will be collected and processed in such a way as to prevent the disclosure of the Buyer’s personal identity or other personally identifiable data.

2.10. The Buyer, if he does not want to receive messages from the Seller and/or his partners and/or other offers for the Buyer, must indicate in the registration form that such messages and/or offers are not sent to him. If the Buyer does not wish, the Seller will not use the Buyer’s personal data for marketing purposes and will not send advertising or information messages to the Buyer, except for those necessary to fulfill the order submitted by the Buyer.

2.11. The buyer’s personal data will be stored no longer than required by the established purposes of data processing. The specific terms of storage of personal data provided by the Buyer during registration in the “PIUMA” store, as well as the Buyer’s data for direct marketing purposes, are coordinated with the State Data Protection Inspectorate, unless the laws establish specific data storage terms. When personal data become no longer necessary for the purposes of their processing and/or when the set storage period expires, they will be destroyed.

2.12. The Buyer has the right at any time, after submitting a request to the Seller, to familiarize himself with the Buyer’s personal data processed by the Seller and how they are processed, to demand the correction of incorrect, incomplete, inaccurate personal data, to demand the suspension, except for storage, of the processing of his personal data, when the data is processed in violation laws and the conditions of these Rules.

3. Product prices, payment procedure and terms

3.1. The prices of goods in the “PIUMA” store and in the formed order are in Euros with VAT. Goods are sold to the Buyer at the prices valid in the “PIUMA” store at the time of placing the order.

3.2. The buyer pays for the goods in one of the following ways:

3.2.1. Payment using electronic banking or bank card, Apple Pay is an advance payment using the electronic banking system used by the Buyer. In order to use this form of payment, the buyer must have signed an electronic banking agreement with one of the following banks: Swedbank, AB Luminor bank, AB SEB bankas or Danske Bank A/S Lietuvos branch. When paying for goods in this way, a payment is generated for the Buyer in the electronic banking system according to the order paid by him. The Buyer transfers the money to the Seller’s account. In this case, the responsibility for the security of the Buyer’s data during payment rests with the relevant bank, since all monetary transactions take place in the bank’s electronic banking system.

3.2.2. Payment in cash is not possible.

3.3. If the buyer chooses to pay for the goods at the time of ordering them, the buyer undertakes to pay for the ordered goods immediately. Only after the Seller receives the relevant confirmation of the Buyer’s payment for the goods and their delivery (transportation) from the operator of the payment system of his choice (by paying in the manner specified in Clauses 3.3.1 or 3.3.2 of the Agreement), the order is executed and the delivery term of the goods is calculated. The prices of the goods and their delivery for the payment of the invoice are calculated including VAT.

3.4. The Seller writes out the VAT invoice and submits it to the Buyer by the e-mail specified in the Buyer’s Registration Form.

4. Product assembly and delivery

4.1. “PIUMA” store trade is carried out and goods are delivered all over the Republic of Lithuania. The trade territory is determined by the Seller’s unilateral decision. The goods are delivered by the Seller or his authorized representative.

4.2. For the delivery of goods, a fee is applied, which is specified on the “Delivery” page of the “PIUMA” store and is valid at the time of placing the order. The delivery fee can be both fixed and dependent on the value of the goods ordered by the Buyer and/or the delivery term.

4.3. The seller has the right to unilaterally determine the minimum amount of the shopping cart, i.e. i.e. the minimum amount for which the Buyer should select and order goods in the “PIUMA” store in order to purchase them, or apply an “Administration fee” if the amount of the goods basket is less than EUR 20. The minimum amount of the shopping cart does not include the delivery fee.

4.4. The Seller will make every effort to fulfill the Buyer’s order in full, but cannot and does not provide any guarantees. If there is no balance or sufficient quantity of the ordered product at the place of order completion, the Seller reserves the right not to deliver the product, canceling the order, after notifying the Buyer in writing or by phone, to deliver a smaller quantity of the product, or to choose a product that is analogous to the product ordered by the Buyer or is as similar in its characteristics as possible (hereinafter – “Similar product”). The Buyer can specify whether he wishes or does not wish to have a similar product selected for him in the “PIUMA” store system.

4.5. If the price of the Similar product selected by the Seller is lower than what the Buyer has paid, the difference between the paid and the actual price is paid to the Buyer’s account no later than within 5 (five) working days from the delivery of the goods. If the price of a similar product is higher, the Seller confirms that the Buyer will no longer have to pay extra.

4.6. If the Buyer is not satisfied with the Similar product selected by the Seller, he can return this product to the Seller’s representative who delivered the goods at the time of delivery. The fact of return is noted in the invoice, bill of lading or other document of shipment transfer – acceptance or return of goods.

4.7. After the Buyer has accepted the Similar goods delivered by the Seller, they can be returned later (except for goods that cannot be exchanged or returned according to legislation) only in the section “Abandonment of the Contract” of these Rules. Exchange and return of goods” under the established conditions and procedure.

4.8. If the Buyer has paid for the goods at the time of ordering them, the Money for the goods paid by the Buyer but not delivered by the Seller, as well as for Similar goods returned by the Buyer during the delivery of the shipment, shall be paid to the Buyer’s account no later than within 5 (five) working days from the delivery of the shipment.

4.9. The goods ordered by the Buyer are delivered to the address registered by the Buyer in the “PIUMA” store system.

4.10. In the event that the Buyer or recipient cannot be found at the delivery address specified in the Buyer’s “PIUMA” store system, the Seller has the right to issue the goods to any other person at the specified address, and the Buyer does not have the right to make any claims to the Seller regarding the delivery of the goods to the wrong entity.

4.11. If the delivery of the goods is impossible due to the fault of the Buyer or due to circumstances that depend on the Buyer (the Buyer specified an incorrect address when registering in the “PIUMA” store system, the Buyer or the recipient cannot be found at the specified address, the goods will not be sent again (except in cases where the Buyer pays additionally for the repeated delivery of the goods) , and the money paid in advance for the goods is refunded after deducting the delivery fee. In the event that a delivery fee discount was applied to the Buyer at the time of placing the order, but the delivery of the goods is not possible due to the Buyer’s fault or due to circumstances beyond the Buyer’s control, the Seller reserves the right to deduct from the amount to be returned to the Buyer amount of money, the full delivery fee for the goods (valid at the time of placing the order), regardless of the discounts applied at the time of placing the order. If the Buyer had chosen to pay for the goods at the time of their delivery, the Buyer must cover the delivery costs incurred by the Seller, the amount of which is specified in Clause 1.6 of the Rules.

4.12. In all cases, the Seller is released from responsibility for the violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or due to circumstances beyond the Buyer’s control.

4.13. During the delivery of the goods, at the Buyer’s request, the driver must provide an opportunity to check the condition of the shipment and the completeness (assortment) of the delivered goods together with the Seller or his authorized representative. If the buyer does not check the condition of the shipment, the completeness of the delivered goods and/or fails to record the data on violations of the shipment in accordance with the procedure established in this point, the shipment is considered to have been delivered in good condition and undamaged.

4.14. After inspection of the shipment (clause 4.15.), the goods are handed over to the Buyer only when the Buyer signs the consignment note, goods accompanying note or other shipment transfer – acceptance document. If the Buyer is unable to sign electronic or other documents due to physical disability, illness or other reasons, another person or the Seller (or his authorized person) signs on his behalf, after the Buyer confirms the possibility of signing. If the Buyer does not sign the goods consignment note, goods accompanying note or other consignment transfer-acceptance document (including an electronic document), the goods are not transferred to the Buyer and the goods are not sent again (except in cases where the Buyer pays additionally for the repeated delivery of the goods), and the money paid for the goods in advance Refunds are made after deducting the shipping fee. In the event that a delivery fee discount was applied to the Buyer at the time of placing the order, the Seller reserves the right to deduct from the amount of money to be returned to the Buyer the full delivery fee (valid at the time of placing the order), regardless of the discounts applied at the time of placing the order.

4.15. In cases where, during the acceptance of the goods, the Buyer notices that the shipment does not contain the right amount of goods or the goods delivered do not correspond to the goods ordered by him and this is not indicated in the invoice, waybill, goods accompanying note or other shipment transfer – acceptance document, the Buyer must immediately (at the time of delivery of the goods ) to inform the Seller about it. When the Buyer determines that the delivered goods are of inadequate quality, he does not accept the poor-quality goods and must return them to the courier, and note the fact and the reason for the return of the goods in the invoice, waybill or other document of shipment transfer – acceptance or return of the goods.

5. Product quality guarantee and expiration date

5.1. The characteristics of all goods sold in the “PIUMA” online store are generally indicated in the product description attached to each product. The manufacturers and/or importers of the goods are responsible for the information about the characteristics of the goods (its correctness), and the Seller is only responsible for the proper presentation (transmission) of this information to consumers, unless otherwise provided by law.

5.2. The seller is not responsible for the fact that the color, shape or other parameters of the goods in the “PIUMA” online store may not correspond to the actual size, shape and color of the goods due to the characteristics of the display (monitor) used by the Buyer or other technical reasons, as well as taking into account reasonable possible discrepancies in appearance . If the discrepancy in the color, size or shape of the goods is due to the actions of the Seller or third parties related to him, then the Seller is responsible for possible discrepancies in the appearance of the goods.

5.3. The seller confirms that he is responsible for the sale of the goods ordered in the “PIUMA” online store and the proper delivery of the purchased goods, the quality of the goods, the proper fulfillment of the return conditions and the implementation of other rights and obligations of the seller provided for in legal acts.

5.4. In the event that the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided by the relevant legal acts shall apply.

5.5. In cases where, on the basis of legal acts, a certain expiration date is determined for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that he is given a real opportunity to use such goods until the end of the expiration date.

6. Abandonment of the contract. Exchange and return of goods

6.1. The buyer has the right to refuse the contract for the purchase and sale of goods concluded in the “PIUMA” store by notifying the Seller in writing no later than 14 (fourteen) calendar days from the day of delivery of the goods. The Buyer must submit a free-form notice of contract cancellation and other information specified by the Seller to the Seller by e-mail. by mail: piuma@piuma.lt.

6.2. After submitting a written notice of withdrawal from the contract and other information specified by the Seller, the Buyer must return the product (if it has been delivered) within 15 (fifteen) calendar days at the latest in accordance with the procedure for exchanging and returning goods set forth in Clause 6.6 of these Rules.

6.3. The buyer (user) cannot exercise the right to withdraw from the contract provided for in point 6.1 of the Rules, when the contract is concluded for:

6.3.1. goods that were manufactured taking into account the personal needs of the Buyer or according to the conditions provided by the Buyer;

6.3.2. in other cases, when the contract of purchase and sale cannot be refused, according to the laws of the Republic of Lithuania. Also in other articles of the Civil Code, 2001 June 11 By the resolution of the Government of the Republic of Lithuania no. 697 of the approved “Rules of Retail Trade” and other legal acts.

6.4. Inappropriate quality goods or quality goods, the shape, size, color, model or completeness of which the Buyer does not like, are exchanged or returned in accordance with the 2001 June 11 By the resolution of the Government of the Republic of Lithuania no. 697 of the approved Retail Trade Rules, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania.

6.5. The Buyer can deliver the returned goods himself to the address A. Juozapavičiaus pr. 27-6, Kaunas on working days after arranging the return time in advance, or send using courier services. In case the product is returned based on 6.1. The Buyer bears the costs of returning the goods. When the received wrong product and/or low-quality product is returned, the Seller undertakes to take such products and replace them with similar suitable products. In case the Seller does not have similar goods, he returns the money paid for the goods to the Buyer.

6.6. When returning or exchanging goods purchased in the “PIUMA” store, the Seller has the right to require filling in the return or exchange form provided by the Seller.

6.7. Quality goods to be returned or exchanged must be undamaged, have not lost their commercial appearance (unremoved and undamaged labels, untorn protective film, etc.), consumer properties and cannot be used. The product must be returned in the original packaging, in the same set as the Buyer received, with the purchase document, warranty card (if issued), instructions for use and other product accessories. If the product is not fully assembled, damaged, untidy or not properly packed, the Seller has the right not to accept the product, not to exchange it and not to return the money paid by the Buyer for the product.

6.8. The money to pay for goods accepted by the Buyer, but later refused, is paid to the Buyer’s account no later than within 14 (fourteen) days from the date of receipt of the Buyer’s notice of withdrawal from the Contract, unless the Seller and the Buyer agree otherwise.

6.9. When returning or exchanging high-quality goods that meet the Buyer’s order, the Buyer will not be refunded the delivery fee he paid.

7. Exchange of information

7.1. The Seller sends all messages and otherwise contacts the Buyer to the e-mail address or phone provided in the registration form.

7.2. The buyer sends all messages and questions and otherwise communicates by e-mail. by mail (piuma@piuma.lt) or by phone (8 618 76222).

8. Final Provisions

8.1. These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania.

8.2. Šių Taisyklių pagrindu kylantiems santykiams taikoma Lietuvos Respublikos teisė.

8.3. Relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.

8.4. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

8.5. Each user has the opportunity to resolve disputes with the Seller electronically, without going to court. Subject of out-of-court settlement of consumer disputes – State Consumer Rights Protection Service, address: Vilniaus st. 25, LT-01402 Vilnius, tel. (8 5) 262 6751, fax (8 5) 279 1466, e-mail mail tarnyba@vvtat.lt. Website address: http://www.vvtat.lt.