Purchasing rules

1. General provisions

1.1. These purchase rules, together with the documents specified in these rules, are intended to provide information about UAB "DEMED" ("Seller") and to set out the terms and conditions of sale of the Goods sold in the online store ("Rules") for persons purchasing goods ("Goods") in the online store ("Buyer").

1.2. These Terms and Conditions apply to any agreements between the Seller and the Buyer for the sale of Goods (“Agreement”). Before placing an order for any Goods in the online store and/or by phone, please read these Terms and Conditions carefully and make sure that you have understood them properly. Please note that before completing the order, the Buyer must agree to these Terms and Conditions and Privacy Policy, and if you refuse to do so, the completion of the order and the ordering of the Product are impossible.

1.3. We also inform you that these Rules may be amended in accordance with the procedure set out in Part 6. Each time the Goods are ordered, we recommend that the Buyer review the Rules to ensure that he fully understands the conditions under which the order will be placed in a particular case. These Rules were last updated on 2023. May 16. 

1.4. These Rules and any Agreements between the Seller and the Buyer are concluded only in the national language.

2. Information about the Seller

2.1. These Rules apply to the purchase of Goods at the address (e-mail). The Seller is UAB "DEMED" a Lithuanian company, duly registered and operating in the Republic of Lithuania, legal entity code 305667869, address: Olandų g. 7 – 11, LT – 01100 Vilnius. Data about the Seller are collected and stored in the Register of Legal Entities, the register manager is the State Enterprise Centre of Registers. The Seller's VAT payer code is LT100015210510.

2.2. More information about the Seller is provided in the section "About us".

2.3. The seller's contact information is provided in the section "Contacts".

 3. Processing of personal data

3.1. The Seller processes the Buyer's personal data in accordance with Privacy PolicyConsidering that the Privacy Policy specifies important provisions of the Rules, it is recommended that the Buyer read them carefully and ensure that all provisions of the Privacy Policy are understandable and acceptable to him.

4. Conclusion of a purchase and sale agreement

4.1. Buyers can purchase Goods in the online store or by phone:

   a) natural persons, from 14 (fourteen) years of age;

   b) legal entities.

4.2. By accepting these Rules, the Person confirms that he/she has the right to purchase Goods in the online store, mobile application and/or by phone.

4.3. The Seller's established procedure for ordering Goods provides the Buyer with the opportunity to check and correct errors before placing the final order. It is recommended that the Buyer carefully read and check the order being placed at each stage of placing the order.

4.4. The Agreement between the Buyer and the Seller is considered concluded from the moment when the Buyer, having created the Goods Cart in the online store or by phone, having indicated the Buyer's name and surname (in Latin letters) and having familiarized himself with these Rules, clicks the "Order" button or confirms during a telephone conversation that he has familiarized himself with the Rules and pays for the order or selects a payment method. If the order is not paid for, the agreement is considered not concluded. The Seller has the right to contact the Buyer by phone number or e-mail specified in the order on the basis of the concluded agreement or to resolve any ambiguities arising regarding the execution of the agreement.

4.5. After the buyer places and pays for the order, he will receive an email confirming receipt of the order.

4.6. After preparing the order, the Seller sends the Buyer an e-mail and/or SMS message informing them that the Goods are ready for collection in the store.

 4.7. Each Agreement (order) concluded between the Buyer and the Seller is registered and stored in the online store database.

4.8. By concluding the Agreement, the Buyer agrees that an electronic VAT invoice for the order with purchase data will be sent to the email address specified during the purchase. The invoice is sent by email on working days no later than within 6 (six) working days from the moment the Buyer collects the Goods.

4.9. In an exceptional case, if the Seller is unable to sell the Product, for example, because the Product is not in stock, because the Product is no longer for sale, the Seller will inform the Buyer by e-mail or other means (by call and/or SMS message) and offer the Buyer a possible solution to the problem (e.g.: refund, additional deadline for delivery of the Product, delivery of a similar product, etc.). If the Buyer does not agree with any of the Seller's offers, the execution of the Product order is terminated and, if the Buyer has already paid for the Product, the Seller will refund the amounts paid immediately, but no later than within 14 (fourteen) calendar days.

5. Right to change the rules

5.1. The Seller has the right to change these Rules. Each time the Goods are ordered, for the purposes of concluding the Agreement between the Seller and the Buyer, the version of the Rules valid at that time shall apply. For orders placed and not completed before the new Rules come into force, the version of the Rules that was in effect at the time the Buyer placed the order and that was sent to the Buyer together with the order confirmation shall apply.

5.2. Each time the Rules are changed, the Seller will inform the Buyer and notify them thereof, indicating that the Rules have been changed and the date of their change will be provided in clause 1.4 of these Rules.

6. Return of Goods, Withdrawal from the Contract

6.1. The Buyer has the right, without giving a reason, to withdraw from the contract and return the received (collected) goods, gifts - within the period specified in clause 7.3 of these Rules. This provision means that the Buyer, during the aforementioned period, having changed his mind or for other reasons deciding to refuse the Goods and (or) Gift, has the right to notify the Seller orally or in writing about his desire to withdraw from the contract and return the goods with gifts to the Seller and to recover the money paid. The costs of returning the Goods and Gift must be covered by the Buyer.

6.2. The aforementioned right of withdrawal and return of goods does not apply to Contracts regarding:

   (a) goods made to the consumer's specific instructions, that is to say goods which are not pre-manufactured and which are manufactured in accordance with the consumer's personal choice or instruction, whether or not the goods have been put into production, or goods which are clearly adapted to the consumer's personal needs;

   b) perishable Goods or Goods with a short shelf life;

   c) packaged Goods that have been unpacked after delivery and are unsuitable for return for health or hygiene reasons;

   d) Goods which, due to their nature, become inseparably mixed with other items after delivery;

   (e) packaged video or audio recordings or packaged software that has been unpacked after delivery;

   f) delivery of newspapers, periodicals or magazines, except for Contracts for subscription to these publications. 
   g) plants that correspond to the information provided in the product description section. The arrangement and/or shape of the plant's trunk, stems, branches, leaves and/or needles is natural and is not and cannot be considered an indication of the quality or non-quality of the plant.

6.3. The Buyer's right to withdraw from the contract and return the goods with gifts applies only to natural persons and arises from the date of conclusion of the Contract, as defined in Part 5 of the Rules. The Buyer has the right, within 14 (fourteen) days from the transfer of the Goods to him, to withdraw from the contract and return the Goods to the Seller and recover the money paid for it. In individual cases specified by the Seller, high-quality Goods may be returned within a longer period (such information is provided, for example, in the terms/rules of the announced offer, in the rules of the loyalty program).

6.4. The Buyer, wishing to return the goods and withdraw from the Agreement, must contact the Seller orally or send the Seller a completed free-form application, which would set out the decision to withdraw from the Agreement. Upon receipt of the Buyer's notification, the Seller shall immediately send a confirmation of receipt of the notification.

6.6. The Buyer shall immediately and in any case not later than within 14 (fourteen) days from the date of notification to the Seller of his decision to return the goods (or withdraw from the contract) or shall hand over the Goods to the Seller or to a person authorized by the Seller to accept the Goods. If the Buyer has sent the Goods within 14 (fourteen) days from the date of notification to the Seller of his decision to return the goods (or withdraw from the contract), it shall be deemed that the Buyer has sent the goods within the specified return period. 

6.5. Prekės grąžinamos UAB Demed parduotuvėse (išskyrus firmines ir franšizes parduotuves), atsižvelgiant į skiltyje „Returns and warranty"an exception is provided.

6.7. If the Buyer withdraws from the contract and returns the goods, all money paid for the Goods or, in the circumstances specified in clause 7.8., part of it, including delivery costs, shall be refunded. Having received the Goods and having assessed their quality, the Seller shall refund all or part of the money for the Goods no later than 14 (fourteen) days from the date of receipt of proof of dispatch of the Goods to the Seller or the date of return of the Goods. The current delivery and service rates are provided in the section "Delivery and collection of Goods". If only part of the Goods is returned, the delivery costs for these Goods shall be refunded if the delivery fee for the returned part of the Goods was applied. In the event that the Goods are returned due to quality defects, the provisions of clause 7.11 of these Rules shall apply.

6.8. The Buyer is liable for any decrease in the value of the Goods (including, but not limited to, the cases specified in clause 7.9 of the Rules) resulting from actions not necessary to determine the nature, properties and functioning of the Goods, i.e. the Seller has the right to unilaterally reduce the amount refunded to the Buyer in proportion to the aforementioned decrease in the value of the Goods.

6.9. The Buyer is responsible for the decrease in the value of the Product if the returned Product or its packaging is damaged, the Product has lost its commercial appearance (damaged labels, protective films, etc.), the Product has been used, the Product is without authentic labels, protective bags and without the same accessories with which it was sold, the Product is in disordered and/or non-original packaging (without instructions and warranty card, if they were delivered with the Product), of a different composition than that purchased by the Buyer, Gifts, accessories or attachments of the Product that were not returned and transferred to the Buyer together with the Product.

6.10. When returning, it is necessary to provide a VAT invoice (its number), or a cash register receipt, or another document confirming the purchase-sale of the Product from the Seller (e.g., a payment card account statement) and the order number.

6.11. If the Buyer returns the Goods due to defects in the quality of the Goods, the Seller undertakes to fully refund the Buyer the price paid for the defective Goods and to reimburse the delivery and return costs. If only part of the Goods is returned, the delivery costs are refunded only if the remaining Goods of the same order, when purchased only them, would be subject to a lower rate than the rate applied when purchasing the Goods together with the returned Goods and only to the extent equal to the difference in the aforementioned rates. If a method of return of the goods other than that offered by the Seller was chosen, which resulted in disproportionate or higher costs, the Seller is not obliged to cover the costs of returning such goods.

6.12. As usual, the Seller transfers the refunded amounts to the bank account specified by the Buyer in any bank operating in the Republic of Lithuania.

6.13. The Seller has the right not to refund the amounts paid by the Buyer or part thereof until the Goods are returned or until the Buyer provides proof that the goods have been sent. 

6.14. In the event that the Goods were delivered to the Buyer after the withdrawal from the Agreement:

   a) The Buyer must immediately return the Goods to the Seller;

   b) except in cases related to defective Goods, as provided for in clause 7.11, the Buyer will be responsible for covering the costs of returning the Goods to the Seller;

   c) The Buyer is obliged to properly store the Goods until they are returned to the Seller;

   d) The price of the Goods and delivery costs shall be compensated to the Buyer in accordance with clause 7.7.

6.15. The Buyer shall in all cases have rights arising from the sale of a defective Product, which are provided for by the legislation of the Republic of Lithuania. The return rules specified in this 7 or other parts of the Rules do not affect the existence of these rights. 

7. In-store pickup

7.1. Upon receipt of the Goods, the Buyer or, as the case may be, the Buyer's representative must check the packaging, quantity, external quality of the Goods (i.e. whether the goods have obvious quality defects), assortment, completeness and assembly:

a) upon detection of damage to the packaging of the Goods, discrepancy(es) in the quantity of the Goods, external quality of the Goods (i.e. obvious defects in the quality of the Goods), assortment, completeness and configuration, the Buyer or, as the case may be, the Buyer's representative has the right not to accept the Goods;

b) Upon acceptance of the Goods by the Buyer or, as the case may be, the Buyer's representative, it is deemed that the Goods have been delivered in appropriate packaging, and the quantity, quality, assortment, completeness and assembly of the Goods comply with the terms of the Agreement.

8. Price of goods and delivery costs

8.1. The prices of the Goods will be as indicated in the online store. The Seller makes all reasonable efforts to ensure that the prices of the Goods are correct at the time the Buyer places an order.

8.2. Prices of goods may change, but such changes will not affect already concluded Contracts.

8.3. The prices of the Goods are provided including VAT (where applicable) at the rate applicable at a particular time in the Republic of Lithuania. In the event that the VAT rate changes between the date of order and the date of delivery, the price may change, taking into account the change in the VAT rate, except for cases where the Buyer has paid for the Goods in full before the change in the VAT rate comes into effect. The Seller shall inform the Buyer in writing about such a price change and shall provide the Buyer with the opportunity to purchase the Goods at a price adjusted to take into account the changed VAT rate or to cancel the order. The order shall not be executed until the Buyer's response is received. In the event that the Buyer cannot be contacted via the contacts provided by him, the order shall be deemed to have been cancelled and the Buyer shall be informed thereof in writing.

9. Regarding the reverse charge

9.1. The Goods provided for in the legal acts of the Republic of Lithuania are subject to reverse charge VAT. Reverse charge VAT will not be applied if the VAT payer who placed the order makes the payment from a bank account other than his/her own. Discounts are not applicable when reverse charge VAT is applied. 

10. Payment

10.1. The Buyer may pay for the Goods: using electronic banking.

10.2. Legal entities are also given the opportunity to pay by bank transfer to the Seller's account indicated in the advance VAT invoice sent to the Buyer, indicating the order number provided to the Buyer in the payment purpose.

10.2.1. Legal entities paying by transfer or electronic banking are recommended to provide the company code in the transfer information for faster identification of the payer.

10.3. The Goods selected by the Buyer are reserved in the Seller's system and the Seller begins to fulfill the order:

   a) when the Seller receives a notification from the Buyer's bank about the payment made for the selected Goods

   b) immediately after placing the order.

11. Buyer's obligations

11.1. The Buyer undertakes to provide only correct and complete data in the purchase form. If the data specified in the purchase form changes, the Buyer must immediately update it.

11.2. The Buyer undertakes to use the online store fairly and correctly, not to harm its work or stable operation. If the Buyer fails to comply with this obligation, the Seller has the right to limit, suspend (terminate) the Buyer's ability to use the online store without prior notice and is not liable for any losses incurred by the Buyer in connection therewith.

11.3. The Buyer must pay for the ordered Goods and accept them in accordance with the procedure established by these Rules.

11.4. Notwithstanding the obligations provided for in other clauses of the Rules, the Buyer undertakes, before starting to use the Product (including its assembly, installation, etc.), to inspect it and make sure that the Product received is the one ordered by the Buyer.

11.5. The Buyer must comply with other requirements set out in these Rules and the legal acts of the Republic of Lithuania.

12. Manufacturer's warranty

12.1 The Goods sold by the Seller are covered by a manufacturer's warranty. Information about it and the applicable conditions are provided in the manufacturer's warranty attached to the Goods.

12.2. The Manufacturer's warranty supplements the Buyer's rights related to defective Goods.

13. Seller's responsibilities

13.1. The Seller undertakes to:

   a) make efforts to enable the Buyer to properly use the services provided by the online store;

   b) respect the Buyer's privacy, process the Buyer's personal data only in accordance with these Rules, Privacy Policy and in accordance with the procedure established by the legal acts of the Republic of Lithuania.

13.2. The Seller undertakes to comply with all requirements set forth in these Rules.

14. Product quality

14.1. The Seller guarantees the quality of the Goods (statutory quality guarantee). The Seller provides a quality guarantee valid for a certain period of time for different types of Goods, the specific term and other conditions of which are indicated in the documents submitted with the Goods. The manufacturer's warranty obligations are valid only if the operating conditions of the Goods are not violated. Before using the Goods, the Buyer must carefully read the operating instructions for the Goods, if any.

14.2. Defects in the Goods shall be eliminated, and poor-quality Goods shall be replaced or returned in accordance with the procedure established in these Rules and taking into account the requirements of the applicable legal acts of the Republic of Lithuania.

14.3. The Buyer who wishes to submit a complaint regarding poor quality or incomplete product can do so by e-mail ………

14.4. When submitting a complaint, the Buyer must provide the VAT invoice for the purchase of the Goods (its number) or a document confirming the purchase-sale of the Goods from the Seller (e.g. a payment card account statement) and provide the following information:

   a) Product order number;

   b) identify the signs of a defect, malfunction or missing part of the Product;

   c) provide other evidence, for example, a photo of the Product, a photo of the defective area (if it is mechanical damage and it is possible to photograph it), a photo of the Product packaging, etc.

14.5. When submitting a complaint, the Buyer must indicate how he wishes the claim to be resolved:

   a) The Seller shall eliminate the defects of the Goods free of charge within a reasonable period of time, if the defects can be eliminated;

   b) replacing the Product with an analogous Product of suitable quality;

   c) by reducing the purchase price accordingly if the Goods cannot be repaired or replaced or if this would result in disproportionate costs for the Seller, taking into account all circumstances, including the value of the Goods if the Goods were free from defects and the significance of the defects (non-conformity) of the Goods;

   d) refunding the paid price of the Goods and terminating the Agreement when it is impossible to repair or replace the Goods or if this would result in disproportionate costs for the Seller, taking into account all circumstances, including the value of the Goods if the Goods were free from defects, the significance of the defects (non-conformity) of the Goods.

14.6. After examining the claim, a response regarding the decision made and the intended actions shall be provided within 14 (fourteen) days from the date of receipt of the Buyer's application.

14.7. For warranty service issues, the Buyer may also call ……….) or ask questions at the e-mail address ………

15. Responsibility

15.1. The Buyer is responsible for the actions taken using the online store, including, but not limited to, the accuracy of the data provided in the purchase form. The Buyer assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the data provided in the purchase form.

15.2. Online stores and the Buyer are responsible for storing and/or transferring their login details to third parties. If the services provided by the online store are used by third parties who have logged in to the online store using the Buyer's login details, the Seller considers such a person to be the Buyer and the Buyer is responsible for all actions of such third party performed in the online store.

15.3. The Seller, to the extent that this does not contradict applicable legal acts, is exempted from any liability in cases where losses arise due to the fact that the Buyer, disregarding the Seller's recommendations and his obligations, did not familiarize himself with these Rules, the Privacy Policy and other documents specified in these Rules, although he was given such an opportunity.

15.4. The parties shall be liable for any breach of the Agreement concluded through the use of the online store in accordance with the procedure established by the legal acts of the Republic of Lithuania.

15.5. In the event that the Seller violates the provisions of these Rules, he is liable for damage or losses suffered by the Buyer that arise as a foreseeable consequence of the violation of these Rules. Damage or losses are considered foreseeable if they are an obvious consequence of the Seller's violation or if the Seller and the Buyer were aware of such damage or losses when concluding the Agreement.

15.6. The Seller is not responsible for the information provided on the websites of other companies, even if the Buyer accesses these websites through links in the Seller's online store, except when these websites provide information about the goods sold by the Seller and the characteristics of the goods. In this case, the Seller is responsible for providing necessary, complete, correct and non-misleading information about the offered Product.

16. Events beyond the Seller's control

16.1. The Seller shall not be liable for any failure to perform or delay in performance of the Agreement or any obligations under the Agreement if such failure or delay is due to force majeure.

16.2. In the event of force majeure that affects the proper performance of the Seller's obligations under the Agreement:

   a) The Seller will immediately inform the Buyer; and

   b) The Seller's performance of its obligations under the Agreement shall be suspended and the period for performance of the obligations shall be extended for the duration of the force majeure circumstances. If force majeure circumstances affect the delivery of the Goods to the Buyer, the Seller shall agree on a new delivery date after the end of the force majeure circumstances.

17. Other provisions

17.1. Any Agreement concluded between the Seller and the Buyer shall be subject to these Rules together with the documents expressly referred to therein. Any deviations from these Rules shall be valid only if they are formalized in a written document.

17.2. The Buyer, in accordance with the legislation of the Republic of Lithuania, has certain rights related to Goods of inadequate quality. No provision of these Rules should be interpreted as restricting or limiting the exercise of such rights.

17.3. The Seller has the right to assign its rights and obligations under the Agreement to a third party or parties, however, such assignment of rights and obligations shall not affect the Buyer's rights and the Seller's obligations under these Terms. In the event of such assignment, the Seller shall inform the Buyer by providing information about the assignment in the online store and/or mobile application.

17.4. The Buyer shall not have the right to assign or transfer all or part of the rights and obligations arising from these Rules to a third party or parties without the written consent of the Seller.

17.5. If any provision of these Rules is held by a court to be unlawful, invalid or unenforceable, the remaining provisions of these Rules shall remain in full force and effect. Any provision of these Rules held to be unlawful, invalid or unenforceable in whole or in part shall remain in full force and effect to the extent that it was not held to be unlawful, invalid or unenforceable.

17.6. These Rules and the relations between the parties under these Rules (including issues of conclusion, validity, invalidity, implementation and termination of the Agreement) are subject to the laws of the Republic of Lithuania and are interpreted in accordance with the laws of the Republic of Lithuania.

17.7. Any dispute, disagreement or claim arising from or related to these Rules, their violation, termination or validity shall be finally resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.

17.8. The Buyer may submit requests or complaints regarding the Goods purchased in the Seller's online store and/or by telephone to the electronic consumer dispute resolution platform. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT  17.9. Consumer disputes shall be resolved out of court by the State Consumer Rights Protection Service, registered office address: Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt.