1.1. Seller –APB “APRANGA”, Lithuanian company with registered address Ukmergės str. 362, Vilnius, legal entity code 121933274, Corporate VAT Number LT219332716. Contact details of the Seller are provided in the section “Help and information” of the website.
1.2. Online Store – an online store accessible at the address www.soulz.lt.
1.3. Buyer – a person ordering or purchasing goods on the Online Store.
1.4. Working Day – any day of the week except Saturdays, Sundays and public holidays that are days-off according to the Lithuanian law.
1.7. Terms and Conditions – these Terms and Conditions of purchase of goods on the Online Store.
1.8. Account – an account created upon the Buyer‘s registration with the Online Store in which personal data provided by the Buyer and data on the Buyer’s orders placed at the Online Store are stored.
2. GENERAL PROVISIONS
2.2. The following persons shall have the right to buy on the Online Store:
- legally capable natural persons, i. e. persons over 18 whose capacity has not been restricted by court;
- minors aged 14 – 18 with their parents’ or guardians’ consent except for cases where they dispose of their income independently;
- legal persons acting through authorised representatives;
- authorised representatives of the persons specified above.
2.3. By placing an order on the Online Store, the Buyer confirms that he/she has the right to buy goods on the Online Store.
2.4. In order to confirm correctness of the data submitted at registration of the Account in the Online Store, an email shall be sent to the Buyer requesting to confirm the data submitted.
2.5. It shall be deemed that the goods have been ordered when the Buyer receives, to the email address specified by the Buyer, a confirmation that the Seller has started fulfilment of the order. Should the Buyer select payment at the moment of order placement, fulfilment of the order shall start upon crediting of the amount to the Seller‘s bank account.
3. RIGHS AND OBLIGATIONS OF THE BUYER
3.1. Legal right of withdrawal
The Buyer who makes a purchase on the Online Store as a consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the goods or in the case of multiple goods in one order delivered separately, after 14 days from the day on which the Buyer acquire, or a third party other thatn the carrier and indicated by the Buyer acquires physical possession of the last good.
In order to exercise the right of withdrawal the Buyer shall log in to his/her Account and provide information about the return in the Orders section. In case if the Buyer has purchased the goods as a guest without registering the Account, he/she may notify the return to the Seller by using a link sent to the Buyer via email to inform about the delivery of the goods. The Buyer may use the model withdrawal form provided in the Annex to these Terms and Conditions, but it is not obligatory. To meet the withdrawal deadline it is sufficient to send Buyer’s communication concerning Buyer’s excericise of the right of withdrawal before the withdrawal period has expired.
Should the Buyer decide to exercise his/her right to cancel the sale and purchase contract, the Seller shall, within 14 calendar days after the date of receipt of the Buyer’s notice of cancellation, refund to the Buyer the full amount received including the goods transportation charge but excluding any additional costs arising from the Buyer‘s selection of a method of delivery other than the usual cheapest delivery method offered by the Online Store. Where the goods are returned by another method than specified in the Clause 3.5. of Terms and Conditions, direct return costs shall be paid by the Buyer.
The refund shall be made by the same method which was used by the Buyer to pay for the goods, by refunding money to the Buyer’s bank account from which the payment for the goods was made. The Seller shall not assume liability for a failure to pay the refund or a delay in payment for the returned goods if the Buyer has provided incorrect details required for the refund. The Buyer shall immediately, but no later than within 14 days after the day when the Buyer submitted to the Seller his/her request of cancellation, send the goods back or return them to one of the stores listed on the website of the Online Store.
The Seller withhold the reimbursement until the Seller has received the goods back, or until the Buyer has supplied the evidence of having sent back the goods, whichever the earliest. The Buyer shall be responsible for the lowering of the goods’ value due to any actions that were not necessary in order to determine the type, properties and functioning of the item.
3.2. Conditions of Returning Goods under Clause 3.1
The Buyer may exercise the rights referred to in Clause 3.1 above subject to fulfilment of all the following conditions:
- the item is not damaged or its appearance is substantially unchanged;
- the item has not been worn and has retained its consumption properties;
- the item is returned with all the internal and external labels, protective films etc. that were on the item at the moment of its purchase intact, i. e. not cut, removed etc. If removal of the label was necessary in order to visually inspect the goods, the Seller shall have the right to refuse to accept goods without labels if the Seller can prove that their reinstatement will incur additional expenses (producing and approving a new label) or the label cannot be reinstated and originality of the item will be lost.
While using the right to withdraw from the contract under Clause 3.1., the Buyer shall have no right to return, according to the procedure set out in Clause 3.1 above, any goods that were unpacked upon delivery and are unsuitable for return for healthcare or hygiene reasons such as tights, socks and similar goods, knitted underwear (men’s, ladies’, boys’ or girls’), sewn underwear and nightwear (men’s, ladies’, boys’ or girls’), bras and similar goods.
3.3. Change of Size
If the Buyer requires a different size of the item, the Buyer may return the item and receive a refund and may order the item of required size, except for the specified goods which the Buyer has no right to exchange/return according to the law. In such a case the Buyer shall return the item of wrong size and other provisions under Clauses 3.1 – 3.2 shall apply.
3.4. The Right to Return Defective products
Should the Buyer consider that the goods received are of poor quality, the Buyer shall have the right to provide a request to the Seller within 2 years after the delivery date. In such a case the Buyer shall contact the Seller via email or by telephone using the details published in the section of the website of the Online Store “Help and information” and provide his/her data such as first name, last name, reason for returning the goods, order number or number of the invoice confirming payment for the goods, contact details (telephone number or email address) and bank details (account number, bank name and code) if the amount paid by the Buyer (or a part thereof) has to be refunded to the Buyer‘s bank account. The Buyer may request that the Seller should:
- eliminate effects of the item (repair the item); or
- replace the item of poor quality with the item of good quality; or
- reduce the price for the goods; or
- refund the amount paid.
A goods item shall be deemed to be an item of good quality if (i) the item conforms to the description and properties provided on the Online Store; (ii) the item is suitable for normal use in the same way as other goods of the same type; and (iii) the quality and properties of the item are such as can be expected from other goods of the same type.
Goods sold on the Online Store, in particular handmade items, can be made of natural materials. Certain properties such as ridge variations or knit or colour texture shall not be deemed to be defects. Materials of highest quality are selected for the goods, however, their natural properties are unavoidable and should be accepted as a part of natural appearance of the item.
The Buyer may submit a request to the Seller and return the item to any “Aprangos Galerija” store specified on the website of the Online Store or send them through LP Express self-service terminals or return them by courier. The Seller shall check the returned item carefully and inform the Buyer via email, within a reasonable time limit, whether any of the Buyer‘s requests specified above will be acted on. The refund shall be made or the item shall be exchanged within 14 days after the day on which an email confirming the refund/exchange was sent.
If the Buyer is requesting a refund and such request is justified, the full amount paid by the Buyer shall be refunded including delivery charges and return shipment costs. The refund shall be made by the same method which was selected by the Buyer for the purchase of the goods.
3.5. Return Methods
The Buyer may return the goods to any of the Seller’s stores specified on the website of the Online Store (the usual and cheapest method of delivery offered on the Online Store) or send them through LP Express self-service terminals or return them by courier. By returning the goods returning the goods in any of the above-mentioned ways, the return shall be free of charge.
3.6. The Buyer shall pay for and accept the goods purchased according to a procedure set out in these Terms and Conditions. If the Buyer refuses to accept the goods at delivery, without a valid reason, the Buyer shall pay the goods return costs at the Seller‘s request. The Buyer shall also pay the costs claimed by the courier if the Buyer fails to accept the goods at the time agreed with the courier.
3.7. The Buyer shall safeguard the Account log-in data assigned to him/her and shall not disclose them to third parties. The Buyer shall be responsible for retaining such data and shall assume liability for any actions (data transmission, orders placed, consumer comments etc.) that are taken on the Online Store upon logging in to the Account as well as consequences of such actions. In the case of loss of the log-in data, the Buyer shall notify the Seller immediately by telephone or via email using the details provided in the section of the website “Help and Information”.
3.8. The Buyer is responsible for ensuring that the Buyer’s data provided on the Online Store are accurate, correct and complete. In the event of change in such data, the Buyer shall update them in the My Account section or shall inform the Seller about the change by telephone or via email using the details provided in the section of the website “Help and Information”. The Seller shall not assume liability, in any circumstances, for any damage incurred by the Buyer and/or third parties due to the Buyer’s failure to provide current and/or complete personal data or to update/supplement data in the case of their change. If the Buyer has provided personal data of third parties for the purpose of using the Online Store, the Buyer shall assume responsibility for the lawfulness of the provision and use of such data.
3.10. Should any issue concerning goods purchased on the Online Store arise, the Buyer may approach the Seller by telephone or via email using the details provided in the section of the Online Store “Help and Information”. In addition, the Buyer may submit an application/complaint to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, email: [email protected], tel. 852626751, website: www.vvtat.lt) or its territorial offices in the counties) or complete an application form on Online Dispute Resolution Platform in website ec.europa.eur/odr/.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall enable the Buyer to use the services of the Online Store the operating conditions of which are set out in these Terms and Conditions and other conditions published on the Online Store.
4.2. In case if the Buyer has paid for the goods but it is impossible to establish contact with him/her based on the selected method of delivery, the Buyer’s order shall be cancelled and returned to the Seller.
4.3. The Seller shall deliver the goods by the method selected by the Buyer in accordance with these Terms and Conditions.
4.4. In cases where the Seller is unable to deliver the goods ordered from the Online Store due to unforeseen reasons related to suppliers or due to the goods being out of stock, the Seller shall have the right to terminate the sale and purchase contract by giving the Buyer notice. In such case the Seller may offer the Buyer another item of the same or higher quality and value by informing the Buyer thereof using one of the contact details provided by them If the Buyer refuses to replace the product provided in the order with the product offered by the Seller, the Seller shall refund the amount paid by the Buyer to the Buyer’s account from which the payment was made, within 5 working days. If within 2 (two) working days from the submission of the offer the Buyer confirms his consent to change the product to the product offered by the Seller by one of the indicated contacts, the Seller undertakes to pay the resulting price difference. If the Seller is unable to offer the Buyer a similar product of the same or higher quality and value, the list of ordered goods is adjusted by removing the goods that the Seller cannot deliver and refunding the price paid by the Buyer, and the Buyer is informed about the changes of the order and the further execution of the changed order.
4.5. The Seller shall reserve the right to remove, at any time, any goods from the Online Store and to change any information on the Online Store or to remove it. The Seller shall make every effort to fulfil all the orders of the Buyer, however, exceptional situations may occur when the order has to be cancelled after sending an order confirmation, and the Seller shall reserve the right to cancel it at any time.
4.6. Should the Buyer decide to cancel the sale and purchase contract and give the Seller a notice according to a procedure set out in Section 3 of these Terms and Conditions, the Seller shall refund the amount paid by the Buyer according to a procedure set out in Section 3 thereof.
4.7. If the Buyer uses the Online Store in violation of these Terms and Conditions, attempts to cause damage to the stability and security of its operation, or violates the Lithuanian law otherwise, the Seller shall have the right to restrict the Buyer’s use of the Online Store or cancel the Buyer’s account without a warning. In any case, the Seller shall not be liable for any losses or damages arising from an attack against information systems, virus or other software, malware etc. that can affect computers of individuals using the Online Store, IT equipment, data or materials as a result of use of or downloading of content from the Online Store or websites to which links are provided thereon.
4.8. Where the Online Store contains links to other websites and third party information, such links are provided for information only, and the Seller shall not control such websites irrespective of their content and information provided thereon. Therefore, the Seller shall assume no liability for any losses or damages arising from their use.
5.1. The price of the goods specified on the Online Store as of the moment of placing the order shall be final and binding on both the Buyer and the Seller except for cases of obvious mistakes. Should the Seller establish that the price of any goods ordered by the Buyer is incorrect, the Seller shall inform the Buyer as soon as possible so that the Buyer can choose to either confirm the order with the correct price or cancel the order. In the case if the Seller is unable to establish contact with the Buyer, the order shall be deemed to be cancelled and all the amounts paid by the Buyer shall be refunded. Prices shall be subject to change at any time, however, except for the circumstances referred to above, these changes shall not affect orders for which the Seller has sent order confirmations. All prices on the Online Store shall be quoted in euros inclusive of VAT. The price shall be increased by the goods’ delivery charges which depend on the selected method of delivery and payment.
5.2. The Buyer may order and buy goods on the Online Store by one of the following methods:
- by registering on the Online Store and creating the Account. The Buyer must provide all the data required for the registration. The Buyer may log in to the Account by entering the email provided at registration and the Buyer’s password;
- without registration, in which case the Buyer shall provide his/her first name, last name, email address, telephone number and delivery address.
5.3. A confirmation of the order shall be sent to the Buyer to the email address specified when ordering the goods.
6. PRICES AND PAYMENT
6.1. The goods shall be paid for directly by a payment card (Visa, Mastercard, Maestro) or e-banking (banklink).
6.2. The Buyer shall pay for the goods immediately. An order will be created subject to payment for the goods by the Buyer. Should the Buyer fail to pay within one hour, the order shall be deleted from the system. If a sales campaign ends before the end of the said term (1 hour), the order shall be deleted immediately after the end of the sales.
6.3. On receipt of the order, authorisation of the Buyer‘s card shall be performed in order to ensure that there are sufficient funds in the card for the payment transaction.
6.4. By clicking on ‘Pay’ at the moment of order confirmation, the Buyer confirms that he/she is the owner of the payment card.
6.5. Payment cards shall be checked and authorised by the card issuer, however, if the card is not authorised the Seller shall not be liable for any delay or delivery failure.
6.6. The Buyer agrees to the issue of an electronic invoice by the Seller.
6.7. When the Buyer pays for the order on the Online Store by bank transfer in Latvia or Estonia and subsequently returns the goods,additional fees for the bank transfer set by the bank may be applied. These additional costs related to a bank transfer made in Latvia or Estonia shall be paid by the Buyer.
7. DELIVERY AND COLLECTION OF THE GOODS
7.1. While purchasing goods on the Online Store the Buyer shall select the method of delivery and shall provide an accurate delivery address.
7.2. If the Buyer is unable to collect the goods himself/herself and the goods have been delivered to the specified address according to other details provided by the Buyer, the Buyer shall not be entitled to claim that the goods have been delivered to a wrong recipient.
7.3. Goods from the Online Store can be delivered in Lithuania, Latvia and Estonia.
7.4. Delivery Methods and Charges:
- collection at “Aprangos Galerija” stores specified on the website of the Online Store (the cheapest method in those cities in which the stores are located): free of charge;
- collection at LP Express self-service terminals: free of charge if the order value exceeds 59 EUR, if the order value will not exceed 59 EUR, then the price of delivery is 1,99 EUR*;
- delivery by courier: free of charge if the order value exceeds 59 EUR, if the order value will not exceed 59 EUR, then the price of delivery is 2,99 EUR*.
* The prices are subject to change depending on current partner offers. The delivery price applies per order.
The exact amount of delivery charges shall be specified on the Online Store prior to confirmation of the order. The delivery charges shall not be subject to change after confirmation of the order.
7.5. The estimated term of delivery shall be specified in the goods description and shall be subject to change.
7.6. The Seller shall be exempted from liability for a failure to comply with the term of delivery if the delivery of the goods has failed or is delayed due to the Buyer’s fault or for reasons beyond control of the Seller.
7.7. On receipt of the goods the Buyer shall check the condition of the packaging (check external packaging for damage) and sign the order transfer and acceptance document. Upon signature of the order transfer and acceptance document by the Buyer it shall be deemed that the order has been delivered in a proper condition. Should the Buyer notice any damage to the packaging (crumpled, wet or damaged otherwise), the Buyer shall note this on the order transfer and acceptance document; where the order is delivered by a courier – a report on damage to the packaging shall be issued, and shall notify the damage to the Seller. Should the Buyer fail to take the said actions, the Seller shall be exempted from liability for the damage to the goods and for the delivery of an incomplete order if such non-conformity can be established by a visual inspection of the goods. Having collected the goods at self-service terminals and having noticed non-conformity, the Buyer shall notify the Seller immediately.
7.8. Characteristics of the goods sold on the Online Store shall be specified in the descriptions provided for all the goods. The Seller shall not be liable for any non-conformity of the colour, shape or other characteristics of the goods on the Online Store with the actual size, colour and shape of the goods due to the properties of the monitor used by the Buyer.
8. PERSONAL DATA PROCESSING
9. FINAL PROVISIONS
9.1. The Seller shall reserve the right to amend and supplement these Terms and Conditions and other documents related thereto. Any amendments and additions to the Terms and Conditions shall take effect on the date of publishing thereof on the Online Store. Should the Buyer disagree with the new version of the Terms and Conditions, the Buyer shall have the right to renounce the amendments and additions, however, in such a case the Buyer shall forfeit the right to use the Online Store. The current version of the Terms and Conditions in effect as of the moment of placing the order shall apply.
9.2. The parties shall be released from fulfilment of their obligations under these Terms and Conditions if fulfilment of the obligations is prevented due to unforeseen circumstances beyond the parties’ control as stated in the Rules for Exemption from Liability in the Event of Force Majeure approved by Resolution of the Government of the Republic of Lithuania No 840 of 15 July 1996 and other Lithuanian legal acts.
9.3. The Seller or a third-party content provider shall be the owner of all the copyright and other intellectual property rights to all text and graphic content of the Online Store. Use and distribution of the content of the Online Store shall be prohibited unless the Seller has given its prior written consent.
9.4. The Seller shall not assume any risks and shall be unconditionally exempted from liability in the event of the Buyer’s failure to carefully familiarise himself/herself with these Terms and Conditions while having been afforded the opportunity to do so.
9.5. Legal relations arising from these Terms and Conditions shall be governed by the Lithuanian law. Any disagreements arising from implementation of these Terms and Conditions shall be resolved by negotiations. In case of a failure to reach an agreement the dispute shall be settled according to a procedure prescribed by the Lithuanian law.
9.6. Any person using the Online Store agrees that communication with the Seller will take place mainly electronically. The Seller shall contact the Buyer via email or shall provide information by publishing it on the website of the Online Store. The Buyer shall send all notices and enquiries via email or by calling the telephone number provided in the section of the Online Store “Help and information”.