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1. GENERAL PROVISIONS
1.1. These terms and conditions of purchase and sale of goods (hereinafter — the Rules) establish the mutual rights, obligations and liability of the person (hereinafter — the Buyer) purchasing goods in the online store at https://fuudo.eu/ (hereinafter — the Store) and MB Fuudo, legal entity code 306932847, registered office address — Gedimino pr. 20, LT-01102, Vilnius (hereinafter — the Seller), as well as other provisions related to the purchase and sale of goods when the Buyer purchases goods in the Store.
1.2. The Buyer may purchase goods in the Store only after agreeing to the Rules. Once the Buyer confirms that they have read the Rules, they undertake to comply with and follow them. By purchasing goods in the Store, the Buyer agrees to the application of the Rules and confirms that they have understood them. If the Buyer has not read and/or understood the Rules, or does not agree with them, they may not make purchases in the Store.
1.3. Goods are sold and delivered within the territory of the Republic of Lithuania and abroad.
1.4. The Seller has the right to amend the Rules, so each time before ordering and/or purchasing goods in the Store, please read these conditions carefully. Amendments to the Rules take effect after they are published in the Store. If the Buyer uses the Store in any way after amendments to the Rules have been published, the Buyer is deemed to agree to all amendments to the Rules.
2. CONCLUSION OF THE PURCHASE AND SALE AGREEMENT
2.1. Goods in the Store may be purchased by Buyers who provide the data requested in the Store. Before submitting the data, the Buyer must read the Store's Privacy Policy. Once the Buyer submits the data in the Store, they are deemed to have read and agreed to the Privacy Policy. You also confirm that you are at least 16 years of age or, otherwise, that you use the Store with the consent or permission of a parent or guardian.
2.2. The Buyer submits their data in the form provided for that purpose in the Store, entering the required information. Data may be submitted only in the Buyer's name. The Buyer is responsible for the accuracy, confidentiality and/or safekeeping of the data.
2.3. To purchase goods, the Buyer places an order in the Store. A purchase and sale agreement is concluded for each of the Buyer's orders.
2.4. The purchase and sale agreement between the Buyer and the Seller is deemed concluded when the Buyer, in the Store: (i) forms a basket of goods following the Seller's instructions; (ii) provides the delivery address for the goods; (iii) having read the Rules, selects a payment method and pays for the order; and (iv) the Seller confirms the Buyer's order by displaying and/or sending a confirmation message and a VAT invoice. In cases where the Buyer does not agree with all or part of the Rules, they must not place an order.
2.5. The agreement is valid until the full performance of the obligations under it. Once the Buyer's order is confirmed, the Buyer undertakes to pay the price of the goods and to accept the goods ordered in the Store. The purchase and sale agreement is deemed performed when the goods are handed over to the Buyer in accordance with the Rules and the legislation of the Republic of Lithuania.
2.6. The Seller may decline to confirm the Buyer's order if the Seller does not have the goods the Buyer wants, the Buyer does not meet the requirements for purchasing the goods, the Buyer has not confirmed agreement with the Rules, the Buyer is making wholesale purchases, and/or for other reasons that may be indicated to the Buyer individually. Wholesale purchases may be deemed to be purchases of unusually large quantities of goods, or goods ordered with unusual frequency, as well as other established criteria.
3. RIGHTS AND OBLIGATIONS OF THE BUYER
3.1. The Buyer has the right to:
3.1.1. Make purchases in the Store, complying with the Rules, other Seller instructions and the legislation of the Republic of Lithuania;
3.1.2. Return and/or exchange goods of poor quality and/or incorrectly assembled goods;
3.1.3. Where the Buyer is a consumer — withdraw from the purchase and sale agreement concluded with the Seller in the Store by notifying the Seller in writing within 14 (fourteen) days of the date of delivery (receipt) of the goods. In such case, the Buyer returns the goods to the Seller. The Buyer has the right to withdraw from the purchase and sale agreement with the Seller and return the goods only if the goods have not been used, damaged, or their appearance has not been substantially changed — that is, only such changes were made to the goods or their packaging as were necessary to inspect the goods received (this provision does not apply to the return of defective goods). The procedure for exercising the right of withdrawal and returning goods after withdrawal is set out in the section of these Rules "Right to withdraw from the agreement. Return of goods";
3.1.4. Other rights provided for in the Rules and/or the legislation of the Republic of Lithuania.
3.2. The Buyer undertakes to:
3.2.1. Pay the price of the goods and their delivery, as well as other payments (if any are specified when concluding the agreement) and accept the ordered goods;
3.2.2. If the data provided and saved by the Buyer in the Store changes, update it immediately;
3.2.3. Not make wholesale purchases, and not use the Store in a manner that may endanger the proper functioning, security or integrity of the Store, or restrict other persons' ability to use the Store;
3.2.4. Comply with other requirements set out in the Rules and the legislation of the Republic of Lithuania.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller has the right to:
4.1.1. Without prior warning, restrict or suspend the Buyer's ability to use the Store if the Buyer attempts to harm the operation or stable functioning of the Store and/or breaches their essential obligations set out in clauses 3.2.1, 3.2.2, 3.2.3 of the Rules. The Seller is not liable for any related losses of the Buyer;
4.1.2. Restrict wholesale purchases;
4.1.3. In significant circumstances, temporarily or permanently suspend the operation of the Store, change the Store or its individual parts, all and any of its content, restrict purchases made in it, change the Store's website without prior notice to the Buyer. The Seller is not liable for any negative consequences caused to the Buyer by such actions. The provisions of this clause do not apply to purchase and sale agreements already concluded, as defined in clause 2.4 of the Rules;
4.1.4. Change the Rules, the prices of goods, the terms of purchase and/or any other instructions related to the Store. Changes are announced in the Store. The provisions of this clause do not apply to purchase and sale agreements already concluded, as defined in clause 2.4 of the Rules.
4.2. The Seller undertakes to:
4.2.1. Make efforts to enable the Buyer to properly use the services provided by the Store. The Seller does not provide any guarantees that the Store will operate without interruption or that data transmission will be error-free. The Seller is liable for the Buyer's direct losses related to disruptions in the operation of the Store and/or data transmission errors only if they arose due to the Seller's intentional actions;
4.2.2. Respect the Buyer's privacy and protect the confidentiality of their data, except in cases established by the laws of the Republic of Lithuania and the Store's Privacy Policy;
4.2.3. Where, due to significant circumstances (for example, technical obstacles that caused the prices, quantities or other essential information of the ordered goods to be displayed incorrectly in the Store, inability to deliver the ordered goods, etc.), the Seller is unable to supply the Buyer with the ordered goods, undertake to offer equivalent or, as far as possible, similar goods. The parties agree that if the Buyer refuses to accept equivalent or similar goods, the Seller undertakes to refund the money paid by the Buyer within 14 business days of receiving the Buyer's refusal.
5. PRICES OF GOODS AND PAYMENT
5.1. The prices of goods in the Store and/or in the order are stated in the national currency — euros, with VAT (value added tax) included.
5.2. Goods are sold to the Buyer at the prices valid in the Store at the moment of placing the order. The specific price of the goods and the amount payable for the goods is shown to the Buyer once the basket of goods has been formed. If the Buyer does not agree with the price indicated, they must not continue the ordering procedure.
5.3. Only in exceptional cases, in the event of technological errors, if the actual sale price of the goods is lower than the price indicated in the Store, the Seller sells the goods at the lower price. If the actual sale price of the goods is higher than the price indicated in the Store, the Seller may, at its discretion, either reject such an order or contact the Buyer to ask whether they agree to purchase the goods at the higher price.
5.4. The delivery fee is not included in the price of the goods indicated in the Store. The Buyer must pay the price for the delivery of the goods, depending on the chosen delivery method. If the Buyer purchases goods for the amount indicated in the Store, delivery is free.
5.5. When purchasing goods in the Store, payment can be made in the following ways:
5.5.1. by advance payment via bank transfer to the settlement account indicated by the Seller, through the Buyer's electronic banking system;
5.5.2. by credit card.
5.6. Having chosen these payment methods, the Buyer will be redirected to their electronic banking page or to the credit card operator's page. There, the Buyer will need to confirm the prepared transfer form and/or provide additional information required for payment. The login data for these pages and the information entered by the Buyer are used only for payment procedures, and this information is not shown or transmitted to the Seller. After making the payment, the result of the payment will be shown to the Buyer in the Store.
6. DELIVERY OF GOODS
6.1. Goods are delivered within the territory of Lithuania and abroad through the shipping companies engaged by the Seller, for the fee indicated in the Store.
6.2. The amount of the delivery fee depends on the delivery method and the shipping company chosen by the Buyer.
6.3. Goods that are in stock are usually delivered to the Buyer, after order confirmation, within 7 business days within the territory of Lithuania, and usually within 10–15 business days to foreign territories. If the goods are not in stock, the Buyer will be informed of the possible delivery time. The Seller undertakes to make every effort to deliver the goods as quickly as possible. The Seller does not guarantee that the goods will in all cases be delivered within the delivery terms indicated in the Rules and/or elsewhere in the Store, or individually indicated to the Buyer, especially if the ordered goods are not in the Seller's warehouses. Before placing an order, please pay attention to holidays and weekends in Lithuania and Europe — they may affect the delivery time, i.e. delivery delays are possible (1–2 business days).
6.4. The possible delivery date of the goods is indicated to the Buyer in the Seller's confirmation of the order.
6.5. When the shipment is delivered to a parcel locker chosen by the Buyer, the courier sends, by short SMS message and/or email, the codes for collecting the shipment. When goods are delivered to parcel lockers, the Buyer must collect the goods from the locker within the period indicated in the courier's short SMS message and/or email. If the goods are not collected within the period set out in this clause of the Rules, the Seller, without prior warning, cancels the order, terminates the purchase and sale agreement, and the amounts paid are refunded to the Buyer within 14 calendar days of the order cancellation date.
6.6. When goods are delivered to the address indicated by the Buyer, the Buyer, having noticed discrepancies in the quantity, quality or assortment of the goods, must note this in the data forms of the person who delivered the shipment, immediately inform the Seller at the telephone number or email address indicated in these Rules, and has the right not to accept the goods.
6.7. If the Buyer has no complaints, they must sign the data forms of the person who delivered the shipment. In such case, the goods are deemed to have been delivered properly and to be of proper quality.
6.8. When goods are delivered to the address indicated by the Buyer, if damage to the shipment packaging is found but no discrepancy in the quantity, quality or assortment of the goods is found, the Buyer must note the damage to the shipment packaging in the data forms of the person who delivered the shipment. In such case, the goods are deemed to have been delivered in damaged packaging, but the quantity, quality and assortment of the goods correspond to the terms of the purchase and sale agreement and the delivery of the goods has been carried out properly.
6.9. Once the goods have been delivered to the address indicated by the Buyer, the goods are deemed handed over to the Buyer, regardless of whether the goods are actually accepted by the Buyer or by any other person who accepts the goods at the indicated address. Where the Buyer cannot collect the goods themselves, but the goods are delivered to the indicated address and based on the other data provided by the Buyer, the Buyer has no right to make claims against the Seller regarding the delivery of goods to the wrong person. If the goods are not delivered on the planned delivery day, the Buyer informs the Seller immediately, but no later than the day after the planned delivery day. Otherwise, the Buyer loses the right to make claims against the Seller related to late delivery and/or non-delivery of goods.
6.10. The Seller is released from liability for breaching delivery terms if the goods are not delivered to the Buyer or are delivered late due to circumstances attributable to the Buyer.
7. QUALITY AND WARRANTY OF GOODS
7.1. The properties of the goods sold are generally indicated in the description accompanying each item. If the characteristics or properties of the goods are stated differently in the name and the description and contradict one another, the correct information is deemed to be that provided in the product description.
7.2. The Seller is not liable for the fact that the goods in the Store may, in colour, shape or other parameters, not correspond to the actual size, shape and colour of the goods due to the characteristics of the electronic devices used by the Buyer or other technical reasons, as well as taking into account reasonably possible appearance discrepancies.
7.3. "The quality of food products is guaranteed until the best-before date indicated on the packaging, provided the goods are stored in accordance with the conditions specified. Other quality terms and conditions may be indicated in the product descriptions."
8. RIGHT TO WITHDRAW FROM THE AGREEMENT. RETURN OF GOODS
8.1. The Buyer has no right to withdraw from the purchase and sale agreement and return the following goods to the Seller:
8.1.1. goods that do not meet the conditions set out in clause 8.5 of the Rules;
8.1.2. food supplements of proper quality;
8.1.3. other perishable goods or goods with a short shelf life;
8.1.4. packaged goods that have been unpacked after delivery and that are unsuitable for return due to hygiene or health protection;
8.1.5. other goods that the Seller has the right to refuse to accept under applicable legislation.
8.2. The Buyer (consumer) has the right, without giving a reason, within 14 (fourteen) days of the date of delivery (receipt) of the goods, to withdraw from a purchase and sale agreement concluded by electronic means of communication, as provided in clause 3.1.3 of the Rules. To withdraw from the agreement, the Buyer may either use the model withdrawal form approved by Order No. 1R-154 of the Minister of Justice of the Republic of Lithuania of 30 April 2014, available at https://www.e-tar.lt/portal/lt/legalAct/dad7f330d05511e3a8ded1a0f5aff0a9, or complete and submit a free-form notice of withdrawal by email to info@fuudo.eu. The free-form notice of withdrawal must include the following data:
8.2.1. your name and surname, address;
8.2.2. the goods being returned;
8.2.3. the order number;
8.2.4. the date the goods were ordered/received;
8.2.5. the account number, if you wish the money to be refunded to a bank account other than the one from which you purchased the returned goods.
8.3. The model withdrawal form or free-form request must be accompanied by a document confirming the purchase of the goods from the Seller (a VAT invoice, a payment card account statement, or other) (hereinafter — the purchase and sale document). If the Buyer purchased several goods under one agreement, their right of withdrawal applies both to all goods and to one or several goods.
8.4. Goods are returned using the services of shipping companies no later than within 14 (fourteen) days of submitting the notice of withdrawal to the Seller. The Buyer is responsible for the proper packaging of the goods for return. The direct costs of returning the goods are borne by the Buyer.
8.5. By these provisions, the Seller informs that the money for the goods, including the amounts paid by the Buyer for delivery, is refunded to the account from which you paid for the goods, unless you indicated another account number when withdrawing from the agreement, no later than within 14 (fourteen) days after the goods are returned to the Seller and/or reliable confirmation of dispatch of the goods to the Seller is provided. The Seller is not deemed to have breached the refund conditions if it is unable to transfer the money due to the Buyer's fault (delay in returning the goods, failure to provide a bank account, inaccurate data, etc.).
8.6. When returning goods, the Buyer must comply with the following conditions (does not apply to returns due to quality defects):
8.6.1. the returned goods must be in their original, tidy packaging;
8.6.2. the goods must not be damaged by the Buyer;
8.6.3. the goods must be unused and must not have lost their marketable appearance;
8.6.4. the returned goods must be of the same configuration as received by the Buyer;
8.6.5. when returning the goods, the purchase and sale document must be provided and a goods return request completed.
8.7. In the case of sale of goods of poor quality, the Buyer may request the Seller to repair the goods, replace goods of inadequate quality with adequate ones, reduce the price of the goods, or return the goods (does not apply where the defect is minor).
8.8. Goods of inadequate quality are repaired, replaced or returned to the Seller in accordance with the legislation of the Republic of Lithuania valid at the time of purchase of the goods and these Rules.
9. LIABILITY OF THE PARTIES
9.1. The Buyer is responsible for the accuracy of the data provided in the Store. If the Buyer does not provide accurate data in the Store and/or does not update it in time, the Seller is not liable for the resulting consequences.
9.2. The Buyer is responsible for the transfer of the data provided in the Store to third parties. If a third party uses the services provided by the Store, having logged in to the Store using the Buyer's login data, the Seller treats this person as the Buyer.
9.3. The Buyer is responsible for their own actions taken while using the Store.
9.4. The Seller is released from any liability in cases where losses arise because the Buyer, disregarding the Seller's recommendations and their own obligations, did not read the Rules and/or the terms of the Agreement, even though such opportunity was provided to them.
9.5. If the Seller's Store contains links to websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information or activities there, does not supervise or control those websites, and does not represent those companies or persons.
9.6. In the event of damage, the party at fault compensates the other party only for direct losses.
9.7. The Seller is not liable for the non-performance of the purchase and sale agreement and/or non-delivery or late delivery of goods if this occurred due to the fault of third parties not engaged by the Seller to perform the purchase and sale agreement, or due to circumstances that the Seller could not control and reasonably foresee at the time of concluding the purchase and sale agreement and could not prevent these circumstances or their consequences (force majeure circumstances). If the said circumstances last longer than 1 (one) month, the parties may, by mutual agreement, terminate the purchase and sale agreement.
10. PROVISION OF INFORMATION
10.1. The Seller sends all notices and other information to the Buyer at the email address indicated by the Buyer. It is deemed received by the Buyer 3 (three) hours after the moment it is sent.
10.2. The Seller is not liable for any disruptions of internet connection or of email service providers' networks as a result of which the Buyer does not receive emails from the Seller.
10.3. The Buyer sends all notices, requests, applications and questions to the contact addresses indicated in the Store's "Contact" section.
11. DISCOUNTS AND PROMOTIONS
11.1. The Seller may, at its discretion, initiate various promotions in the Store. During certain promotions, the Seller may grant the Buyer discount coupons (its virtual money). Detailed information related to promotions is provided in the Store.
11.2. If the Buyer returns goods that were partially or fully paid for with discount coupons, these discount coupons are cancelled and not returned. When the Buyer purchases goods for which the Seller grants a certain discount or gift, and the Buyer exercises the right to return the goods, only the amount actually paid by the Buyer for the goods is refunded.
11.3. The Seller has the right, unilaterally and without separate warning, to change the terms of promotions, as well as to cancel them, to change the terms and procedure for earning loyalty points and using them when paying for goods, as well as to cancel them. Any changes to or cancellation of the terms of promotions and the procedure for earning and using loyalty points when paying for goods take effect from the moment they are announced.
12. FINAL PROVISIONS
12.1. The Buyer and the Seller agree that all information provided on the Seller's online store website, including but not limited to these Rules, information about the Seller, the goods and services offered and their properties, the procedure for exercising the Buyer's right to withdraw from the purchase and sale agreement, and the warranties for goods provided by the Seller (if any), is deemed provided to the Buyer in writing.
12.2. The law of the Republic of Lithuania applies to the Rules and to the purchase and sale agreement between the Buyer and the Seller.
12.3. The Seller may at any time transfer its rights and obligations arising from these Rules to third parties without the Buyer's consent and without notifying the Buyer.
12.4. All disagreements between the Buyer and the Seller regarding the Rules are resolved through negotiation. If the parties fail to resolve the dispute through negotiation within 14 (fourteen) days, disputes are finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
12.5. You may submit a request and/or complaint regarding goods purchased in the Store to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, tel. +370 5 262 6751, fax +370 5 279 1466, email tarnyba@vvtat.lt, website www.vvtat.lt, and its territorial divisions in the counties) or complete a request form on the European online dispute resolution platform, available at http://ec.europa.eu/odr/.