I. General Provisions
1.1. The following rules (hereinafter referred to as the Rules) have been designed to ensure your (hereinafter – the Customer) rights and the rights of Wera Tech Ltd. (hereinafter – the Seller) selling its goods in the online store on www.gift-stars.com (hereinafter – the Store), as well as to define reciprocal duties, responsibilities and any other provisions associated with the purchase of the goods in the Store.
1.2. A detailed information about the Seller of the goods is provided under the online Store tab Contacts.
1.3. The Rules are applied whenever the Customer makes the use of the online Store in any way or form, i.e. gets acquainted with the assortment of the goods in the online Store, fills in the order for the goods, provides with personal or any other data, makes the payment for the goods ordered, accepts the goods, reads and comments the information provided on the website of the Store, and (or) undertakes any other action in connection with the use of the online Store and the offers provided by the Seller.
1.4. Prior to making the use of the online Store and the Seller’s offers therein, the Customer has to read the Rules thoroughly and closely. By making a purchase in the online Store, the Customer confirms their acceptance of the Rules being applied.
1.5. The Seller shall be released of any responsibility if the loss or any other negative consequences are caused by the Customer’s ignorance of the online Store Rules, recommendations or information whereas that possibility has been provided.
1.6. The Seller reserves the right to make unilateral amendments to the Rules at any time by publishing the amended Rules on the website of the online Store. The amendments shall come into effect from the moment they have been published and shall remain effective for all deals after the publication.
II. Concluding a Contract
2.1. In the online Store, the purchase-sale contracts (hereinafter – the Contracts) are made in an e-form. When entering into the Contract with their Customer, the Seller shall act in observance with the Civil Code of the Republic of Lithuania and Order No 258 of the Minister of Economy of the Republic of Lithuania as of 17-08-2001 approving the Rules regulating sales and purchase services being provided via communication means.
2.2. A purchase in the Seller’s online Store can be made by any natural person having a proper legal capacity; minor children from fourteen to eighteen years old who have obtained the consent of their parents or guardians, except for the cases where they possess their own funds independently; legal entities; as well as authorized representatives of all aforementioned persons. By accepting the Rules, the Customer confirms they have the right to make purchases in the Seller’s online Store.
2.3. The purchase-sale Contract between the Customer and the Seller shall be deemed concluded and shall come into effective from the moment the Customer combines the cart, specifies delivery address and other required information, chooses the way of payment and confirms their consent with the Rules, and clicks on the link Confirm Your Order. If the Customer does not agree with all or part of the Rules, they have to restrain from placing the order for the goods. If the Customer applies directly to the representatives or managers of the online Store and gets a customised offer, and confirms that offer by making a payment for the goods being acquired remotely, that Customer will be applied any and all terms and provisions of the Contract.
2.4. Following the conclusion of the purchase-sale Contract, the Seller shall send an e-notice to the Customer confirming the receipt of the Customer’s order, as well as specifying the goods selected by the Customer, exact quantity and cost of the goods, and the order number awarded. The e-notice shall be sent to the Customer’s e-mail indicated in the registration form or order for the goods.
2.5. The Rules, as well as terms of Delivery, Payment and Returns and Refunds being an integral part of the Rules, information about the Seller, and the e-notice confirming the receipt of the order sent by the Seller to the Customer shall be deemed to be an inseparable part of the Contract entered into by the Customer and the Seller.
2.6. Each e-Contract entered into by the Customer and the Seller shall be kept in the database of the online Store.
2.7. The Contract entered into by the Customer and the Seller shall be effective until full fulfilment of the obligations undertaken by the Contract or its expiry pursuant to the procedure set forth herein.
III. Goods and Prices
3.1. Characteristics of every item being sold in the online Store are given in the description of a respective item. The Seller shall not be kept liable if the colour, shape or any other parameter of the item being sold in the online Store is different from the actual colour, shape or any other parameter of the item due to characteristics and (or) settings of the Customer’s monitor (display).
3.2. Without giving a notice to the Customer, at any time the Seller shall be entitled to making changes in the assortment and price of the goods being sold in the online Store.
3.3. The price of every item being sold in the online Store is specified in euros and is indicated nearby a corresponding item, in the Customer’s order and e-notice on the order receipt sent by the Seller to the Customer. The Seller shall undertake to sell the goods in the Customer’s order at the cost effective on the moment the Customer places their order to the Seller.
3.4. The price of an item is inclusive of the value added tax (VAT).
3.5. The price of an item is exclusive of the cost of delivery to the Customer. Any charges pertaining to the delivery of the goods are indicated in item 5.2 of the Rules.
IV. Payment for the Goods
4.1. The Customer shall make the payment for the goods and delivery in one of the following ways:
4.1.1. via payment checkout company PAYSERA;
4.1.2. by making an ordinary advance payment order to the Seller’s bank account (the Seller’s bank details are indicated in the order confirmation sent via e-mail);
4.1.3. in cash when the goods are taken at the sales outlet of the Seller.
4.2. When the payment for the goods and their delivery is made by an ordinary advance payment order, the Customer shall indicate the Order No in the section Purpose of Payment, which has been allotted to the Customer in the e-notice confirming the receipt of the order. In case the Customer fails to specify an accurate number of the order in the section Purpose of Payment, the execution of the order may be hindered.
4.3. The Seller shall start the fulfilment of the Customer’s order only upon a full payment for the goods and their delivery (except for the case where the Customer chooses to take the goods at the Seller’s outlet). The payment shall be considered as received when a corresponding amount is set off in the Seller’s bank account.
4.4. The Customer shall pay for the goods and their delivery no later than within 3 (three) working days following the conclusion of the purchase-sales Contract (except for the case where the Customer chooses to take the goods at the Seller’s outlet). In case if the Customer fails to make payment within first 2 (two) working days, an e-reminder on the order submitted and the need to make a payment will be sent to the e-mail indicated in the registration or order form provided by the Customer. In case if the Customer fails to make payment for the goods and their delivery within 5 (five) working days after the purchase-sales Contract has been concluded, it shall be deemed that the Customer has refused the Contract, and the Customer’s order shall be cancelled with a subsequent notification via e-mail indicated in the registration or order form by the Customer.
4.5. The Seller shall undertake to provide the Customer with any required accurate information necessary to make the payment for the goods and their delivery. However, the Seller shall not be kept liable for the undue services provided by the banks the payment to the Seller has been made through, and related losses. Moreover, the Seller shall not be kept liable for any Customer’s faults when making the payment order (e.g., indication (entering) of incorrect order number, incorrect order code, etc.) and related losses and (or) other negative consequences.
V. Delivery of the Goods
5.1. The goods shall be delivered by the Seller or courier delivery service assigned by the Seller (hereinafter referred to as the Courier). The delivery of the goods shall take place on the entire territory of the EU with the exception of the Curonian Spit. The goods shall be delivered to the address the Customer has indicated in the registration form or when placing the order.
5.2. The delivery of the goods shall be charged in the procedure described in the section Delivery.
5.2.2. The goods are not delivered to the Curonian Spit. If the Customer has the urge of the goods delivery to the Curonian Spit, they shall contact the Seller directly.
5.3. The Seller shall deliver the goods in observance with the terms and provisions contained in the description of the goods. The indicated terms shall be preliminary, and shall not be applied in cases when there are no required goods in the Seller’s warehouse, provided for that the Customer is informed about it in advance. The Customer agrees that in some exceptional cases the delivery of the goods may be delayed due to circumstances beyond the Seller’s control. In such case, the Seller shall undertake to contact the Customer immediately and adjust the terms and provisions of the goods’ delivery. The term of the delivery of the goods shall be defined from the day when the Seller receives the Customer’s payment for the goods and their delivery (except for the case where the Customer chooses to take the goods at the Seller’s outlet). If the Customer chooses the payment for the goods in cash at the Seller’s outlet, the term of the delivery of the goods shall be defined from the moment the purchase-sales Contract has been entered into by the Customer and the Seller.
5.4. The ordered goods shall be taken no later than within 3 (three) working days following the Seller’s notice that the goods are ready for retrieval, if the Customer has chosen that mode of delivery.
5.5. In any case the Seller shall not be kept liable for the delay to deliver the goods, if the goods are not delivered or delivered with a delay due to the Customer’s fault or due to the circumstances under the Customer’s control.
5.6. If the delivery of goods is delayed for more than 30 working days not due to the Customer’s fault or due to the circumstances beyond the Customer’s control, and if the parties fail to agree on the extension of the delivery terms or substitution of the ordered goods with equivalent ones or those available in the online Store, the Customer shall be entitled to the refusal of the Contract, and the Seller shall undertake to return the money paid by the Customer within 5 calendar days following the refusal of the Contract. The money shall be paid back to the bank account they have come from or to any other bank account indicated by the Customer in their notice on the refusal of the Contract.
5.7. The delivery of the goods shall take place from Monday to Friday.
5.8. If at the time agreed between the parties and due to the Customer’s fault or circumstances under the Customer’s control the delivery and transfer of the goods fails (e.g., upon the delivery of the goods at the address specified by the Customer, it becomes clear the Customer has provided with an inaccurate address or there is nobody to accept the goods – neither the Customer nor any other person, etc.), the Seller or the Courier acting under the Seller’s authorisation contacts the Customer and adjusts the delivery time acceptable for both parties. The Seller shall be entitled to charging an extra fee for such a repeated delivery to the Customer. In case of an unjustified refusal to accept the goods by the Customer at the time of a repeated delivery, it shall be deemed that the Customer has refused the Contract, and the Customer’s order shall be cancelled with a subsequent notification via e-mail indicated in the registration or order form by the Customer. In such case, the Seller shall undertake to return all the money paid by the Customer within 5 calendar days following the refusal of the Contract with the deduction of all delivery charges. The money shall be returned to the bank account the payment has been made from.
5.9. Upon the delivery of the goods to the address specified by the Customer, the goods shall be handed in to the Customer or any other person present at that address. The customer confirms their awareness of the fact that any person (hereinafter – the Customer’s Representative) available at the delivery address specified by the Customer shall be deemed an appropriate person to accept the goods.
5.10. Upon the delivery of the goods the Customer (the Customer’s representative) along with the Seller delivering the goods or the Courier (depending on the case) shall check the condition of the parcel (is the package crumpled, wet, torn or otherwise damaged outside), the completion of the parcel, quantity and quality of the goods delivered. Should any outside damages of the parcel, as well as inconsistency of the parcel completion and (or) quantity of the goods be noticed, the Customer (the Customer’s representative) shall make a note in the delivery report of the Seller or Courier (i.e. VAT Invoice, consignment note or any other equivalent document), and shall draw and sign along with the Seller or Courier a simple statement on parcel and (or) item damage / inconsistency. In case if the Customer (the Customer’s representative) fails to perform the aforementioned actions in presence of the Seller or the Courier, the Customer shall have no right to make a claim to the Seller regarding the damages of the parcel and (or) goods, as well as regarding the inconsistency of the assortment and (or) quantity of the goods. The damages / inconsistencies reported upon the transfer of the goods shall be eliminated in the procedure and within deadlines agreed between the Customer and the Seller.
5.11. If the Customer (the Customer’s representative) signs the confirmation of the parcel delivery (i.e. VAT Invoice, consignment note or any other equivalent document) without any note, it shall be deemed that the goods have been delivered in an undamaged package, their assortment, quantity and quality are in compliance with the terms and provisions set forth by the purchase-sale Contract.
VI. Returns of Quality Goods and Aftersales Service
6.1. Without giving any reason, the Customer shall be entitled to refusing the e-Contract on purchase-sale provided for that they give a written notice to the Seller within 14 (fourteen) working days following the delivery of the goods. A written refusal of the Contract shall be submitted by the Customer to the e-mail: firstname.lastname@example.org.
6.2. Th Customer may utilise their right embedded by item 6.1 of the Rules to refuse the purchase-sale Contract if the item being returned is in compliance with the following requirements:
6.2.1. the item must be unused, undamaged and retaining its value;
6.2.2. the item must be submitted in an original package of the manufacturer (the package can be different only to the extent as it is necessary to inspect the delivered item) and at its best selling condition.
6.2.3. the item must have all the labels attached.
6.3. The Customer shall return the goods (by the Courier service, via post or personally) to the Seller at the address Rasų Str. 39, 11351 Vilnius at their own expense related to the delivery of the goods.
6.4. Along with the item being returned the Customer shall provide the Seller with a filled-in application form on the item return / substitution (with the indication of the item being returned and their bank account the money should be transferred to for the item returned), as well as a document proving the purchase in the online Store (VAT Invoice) and the aftersales service voucher if issued any.
6.5. Upon the receipt of the Customer’s written refusal of the purchase-sale Contract specified in item 6.1 of the Rules, within 5 calendar days the Seller shall return to the Customer the money paid for the goods (the delivery cost shall not be refunded) provided for that the goods being returned comply with the requirements embedded by item 6.2 of the Rules.
6.6. The defects of the goods sold shall be eliminated, and the goods of poor quality shall be substituted, and the goods shall be returned in the procedure embedded by the Civil Code and provisions of Regulations on Retail Trade of the Republic of Lithuania.
6.7. The terms and provisions on the return of the goods shall be applicable to the online purchases only.
6.8. Aftersales service for any item acquired shall not be applied if:
6.8.1. the item has been used not in accordance with the specification embedded by the manuals and guides;
6.8.2. the item is mechanically damaged and the damage has not been reported in writing form during its transfer and acceptance;
6.8.3. the damage occurred due to illegal, inappropriate use of the power sources, electricity supplies or power disturbances, malfunctioning of power installations, defective installation works, etc.;
6.8.4. the item has been used not for its direct purpose;
6.8.5. for the naturally worn and torn parts (wires, connectors, accumulators, holders, etc.);
6.8.7. the damage has been caused by the extraneous items, substances, fluids, as well as corrosion, oxidation, etc., penetrating the item;
6.8.8. in case if the damage has been caused by a natural disaster (thunder strike, flood, fire, etc.) or any other unexpected happenings releasing either the Seller or manufacturer of their partial or full responsibility;
6.8.9. the damage occurred due to the use of additional mounting or other spare parts not approved by the manufacturer or specifications;
6.8.10. the damage has been repaired by an unauthorized person or service employee;
6.8.11. the labels on the devices, items or components are damaged;
6.8.12. the item has been dismounted or affected otherwise;
6.8.13. the Customer cannot prove the item has not been used, mounted, or assembled;
6.8.14. the aftersales service shall not be applied if the Customer fails to provide with any document proving the purchase of the item, i.e. bill or payment order; VAT Invoice; purchase voucher; or purchase-sales Contract; or if the aftersales service term is expired.
6.9. In case if the damage has not been proved or (and) if the damage is not under the aftersales obligation and free service, all the expenses related to the item transportation to the service centre, detection of the damage and repair, shall be covered by the Customer.
6.10. In case if the Customer fails to take a repaired item after they have been informed about that possibility within 3 months of the completion of the repair, the Seller shall have the right to utilise the items acquired by the Customer.
6.11. When taking the goods, the Customer has to check their quality and condition before accepting them. Any claims regarding their quality (scratches, breaks or any other damages occurred during transportation, collection, carrying due to the Seller’s actions) shall not be accepted after the goods have been taken by the Customer.
6.12. The aftersales service shall be performed only if a valid purchase document is submitted.
VII. Personal Data Processing
7.1. When the Customer places the order in online Store and in order to complete that order, the Customer has to provide with certain personal data, e.g., full name, e-mail, location address to deliver the goods at, telephone number, etc.
7.3. When registering in the online Store and (or) placing the order for the goods otherwise, the Customer confirms they agree with the provision of personal data required in the registration form or order, and they give their consent to manage that data for the purposes indicated in item 7.5 of the Rules.
7.7. When making a registration in the online Store, filling-in the order or making the use of the online Store otherwise, the Customer shall provide with accurate and correct data. If any of the data changes, the Customer shall update them immediately. The Customer shall be liable for the accuracy of the data they provide with in the registration and order form, or making the use of the online Store otherwise, and shall assume the responsibility for the consequences caused due to the erroneous or inaccurate data provided.
7.8. When registering in the online Store and placing the order for the goods, the Customer shall keep private and not disclose their login data. If the Customer loses their login data, they shall inform the Seller immediately. The Customer shall be liable for the disclosing their login data to the third parties. In case if a third party makes the use of the offers in the online Store and has logged in with the Customer’s data, the Seller will consider that person as the Customer.
VIII. Final Provisions
8.1. In case if the Customer attempts to undermine and (or) hinders a smooth work and (or) stable operation of the online Store, or violates their obligations, at any time without any advance warning the Seller shall be entitled to restricting or suspending (terminating) the Customer’s possibilities to make the use of the online Store.
8.2. The Seller shall be entitled to a temporary or unlimited suspension (termination) of the online Store operation without any advance notice to the Customer.
8.3. The Customer and the Seller agree that any information provided on the website of the online Store (including but not limited to the Rules, descriptions of the Delivery, Payment and Return, information about the Seller, offers and characteristics of the goods, etc.) shall be submitted in writing.
8.4. Any notices to the Customer shall be sent by the Seller to the e-mail specified in the Customer’s registration or order form.
8.5. The Customer shall send any notices, inquires, claims, etc., to the e-mail specified under the Contact tab of the online Store.
8.6. The Rules shall not be considered as restricting the rights of the Customer (consumer) as set forth by the effective legislation of the Republic of Lithuania. The Rules have been designed in observance with the effective legislation of the Republic of Lithuania. The purchase-sale Contract entered into by the Customer and the Seller is governed by the effective legislation of the Republic of Lithuania.
8.7. Any and all disputes between the Customer and the Seller arising from or related to the purchase-sale Contract shall be settled by mutual negotiations. In case of the failure to reach a consensus, the disputes shall be settled in the procedure pursuant to the effective legislation of the Republic of Lithuania.