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1. These Purchase Rules (hereinafter referred to as the “Rules”) shall regulate the rights and obligations of persons purchasing goods sold by BIOGAMI UAB (hereinafter referred to as the “Company”), as well as the terms and conditions for the purchase, payment, and delivery of goods.
2. The Rules shall apply to the purchase of goods at the online store https://test.mamuko.lt/.
3. By purchasing the goods, the person confirms that he/she has read these Rules and agrees to the terms and conditions set out in these Rules.
4. The Rules are drawn up in accordance with the Civil Code of the Republic of Lithuania (Valstybės žinios, 2000-09-06, No. 74-2262) and other legal documents regulating the activities of the Company.
5. The Seller has the right to change/update these Rules at any time. The Buyer may consult the amendments on the Seller’s website at https://test.mamuko.lt/
6. Terms used in these Rules:
6.1. Seller – UAB BIOGAMI, legal entity code 305436499, address Kirtimų g. 59, Vilnius;
6.2. Buyer – a natural or legal person who purchases products sold by the Seller; Parties – Purchaser and Seller together; Goods – products (purees, porridge, pasta, etc.) sold at the Seller’s online shop;
6.3. Šalys – Pirkėjas ir Pardavėjas kartu;
6.4. Prekės – Pardavėjo internetinėje parduotuvėje parduodami produktai (tyrelės, košelės, makaronai ir kt.);
6.5. Personal Data – personal data provided by the Buyer, a natural person, for the purpose of purchasing the Goods;
6.6. Privacy Policy – a document approved by the Seller and published on the website, which regulates the collection, use and storage of the Buyer’s personal data.
7. The Buyer may order the Goods online at https://test.mamuko.lt/.
8. Ordering goods:
8.1. The Buyer selects the desired goods on the website https://test.mamuko.lt/ and clicks “Add to shopping cart”;
8.2. The Buyer’s shopping cart is created on the website;
8.3. The Buyer can view the shopping cart, change the quantity of the selected goods, and choose the delivery method;
8.4. After selecting the desired options, the Buyer clicks “Continue” and is redirected to the window for submitting personal data and paying for the goods;
8.5. The Buyer shall provide the personal data necessary for ordering the goods: name, surname, address, delivery address (if the goods are delivered to a different address) telephone number, and e-mail address;
8.6. The buyer pays for the goods.
9. After the Buyer has ordered the Goods in accordance with the procedure set out in Section II of these Rules, the Buyer shall be directed to the payment window.
10. The Buyer may pay for the Goods using the following methods:
10.1. Payment via Paysera:
10.1.1. After the Buyer selects to pay for the goods using the Paysera system, the Buyer is redirected to the Paysera payment window, where the Buyer makes the payment following the system instructions.
10.2. Bank card::
10.2.1 If this payment method is chosen, the Buyer enters his/her bank card details in the payment window and pays for the goods, and the order is processed immediately.
11. The price of the goods at the time of ordering is shown exclusive of delivery charges. The shipping charge shall be provided prior to payment and shall be added to the total amount of the order after the Buyer selects the method of delivery.
12. Purchase documents (VAT invoices) shall be submitted to the Buyer electronically to the e-mail address specified in the Buyer’s registration form.
13. In the event of cancellation of the order or withdrawal from the Agreement of sale and purchase by the Buyer, the money shall be refunded to the Buyer through the same method as the payment for the goods was made. The conditions and procedures for the return of goods are set out in the Returns Policy and Warranty Terms and Conditions approved by the Seller and published on its website.
14. The warranty terms for the goods are set out in the Returns Policy and Warranty Terms and Conditions approved by the Seller and published on its website.
15. When the Buyer orders goods on the website, the goods may be delivered by one of the following methods:
15.1. Delivery by courier: the goods are delivered to the Buyer’s address, or to another delivery address specified by the Buyer. The price for delivery shall be specified at the time of ordering the goods. The Buyer shall be responsible for the correctness of the address provided. If an incorrect address is provided and the goods need to be re-delivered, the Seller shall be entitled to charge an additional delivery fee.
15.1.1. f the goods cannot be delivered to the address specified by the Buyer, a representative of the Seller shall contact the Buyer to arrange a time for re-delivery. In the event of failure to deliver the goods a second time, the goods shall be returned to the Seller, and the Buyer shall be refunded the amount paid for the goods, less delivery charges, within 7 calendar days at the latest.
15.2. Delivery to a parcel locker: the goods are delivered to the parcel locker of the Buyer’s choice. Once the goods have been delivered to the parcel locker, the Buyer receives a text (SMS) message with the PIN code for opening the door and the time limit for collection. The price for delivery shall be specified at the time of ordering the goods.
16. Once the goods have been handed over to the Buyer, the risk of accidental loss of the goods shall pass to the Buyer.
17. The goods may only be collected by the Buyer. If the goods are delivered by courier, the Buyer must provide the courier with proof of identity (ID card, passport, or driving licence).
18. The Buyer must inspect the packaging upon collection of the goods and refuse to accept the goods in the event of any damage. Once the Buyer accepts the goods and signs the acceptance certificate, the goods delivered shall be deemed to be free from defects. If the Buyer notices any defects after acceptance of the goods, the Buyer may contact the Seller in accordance with the procedures set out in the Return Policy and Warranty Terms and Conditions.
19. Delivery times:
19.1. The delivery terms of the goods shall be specified to the Buyer by email after the order has been confirmed;
19.2. The delivery dates of the goods are subject to change without the Seller’s control, due to the mandatory instructions of the authorities of the Republic of Lithuania to the carriers, the epidemiological situation in the country, and the related restrictions, etc. In the event of any delay in delivery of the goods within the time limits specified by the Seller, the Buyer shall be informed by e-mail, indicating the new delivery date.
20. The Buyer has the following rights:
20.1. To receive goods of good quality within the time limits specified in the order;
20.2. To cancel the order and receive a refund of the amount paid for the goods, in accordance with the procedure set out in the Return Policy;
20.3. To exercise the warranty granted for the goods, in accordance with the procedure set out in the Warranty Terms and Conditions and the Civil Code of the Republic of Lithuania;
20.4. To refuse to accept the delivered goods if there are visible damages to the packaging and/or the goods;
20.5. To demand, in accordance with the procedure established by the legislation of the Republic of Lithuania, to be compensated for any damage caused by the Seller’s intentional or negligent actions.
21. Obligations of the Buyer:
21.1. To pay the Seller for the goods on time and in accordance with the provisions set out in these Rules;
21.2. To accept the goods from the courier ( when goods are delivered by courier), to provide proof of identity when accepting the goods and to inspect the condition of the delivered goods to assess whether there is any damage to the goods;
21.3. To sign the acceptance certificate upon receipt of the goods;
21.4. To inform the Seller of any change of contact details or any other circumstances that may affect the delivery of the goods after the order has been confirmed.
22. The Seller has the following rights:
22.1. Not to proceed with the order until the Buyer has paid for the goods;
22.2. To change the delivery dates unilaterally, by giving notice to the Buyer by e-mail;
22.3. To cancel the order placed by the Buyer if the Buyer does not accept the goods to be delivered in accordance with the procedure set out in Section IV of these Rules, and to refund the Buyer the amount of money paid for the goods (if the order has been paid in advance);
22.4. To unilaterally change the prices of the goods on sale. Price changes shall not apply to confirmed orders;
22.5. To demand, in accordance with the procedure established by the legislation of the Republic of Lithuania, to be compensated for any damage caused by the Buyer’s intentional or negligent actions.
23. Obligations of the Seller:
23.1. The Seller undertakes to provide the Buyer with goods of good quality in accordance with these Rules;
23.2. To provide all the necessary information on ordering, payment, delivery, return/exchange and warranty conditions;
23.3. To cooperate with the Buyer in all matters relating to the purchase of the goods, and to address any problems arising.
24. The Buyer shall be held responsible for the accuracy of the data provided in the registration form and/or order. The Seller shall not be liable for late delivery of the goods if the Buyer provides incorrect data.
25. The Seller shall be responsible for the safekeeping of the goods up to the moment the goods are handed over to the Buyer. Once the goods have been handed over to the Buyer, the risk of accidental loss of the goods shall pass to the Buyer.
26. The Seller shall be responsible for the delivery of the goods of appropriate quality to the Buyer in accordance with the terms specified in the order.
27. The Seller shall not be liable for any discrepancies in the colour, shape or other parameters of the goods displayed in the Seller’s online shop from the actual size, shape and colour of the goods due to the peculiarities of the equipment used by the Buyer (computer/telephone/tablet).
28. If the Seller’s website contains links to other, third-party websites, the Seller shall not be liable for the accuracy of the information that the Buyer sees when clicking on these links. The liability for the correctness of the information provided by third parties rests with the third parties.
29. Both Parties shall be liable for damages caused to the other Party.
30. A Party shall be exempted from liability for non-performance or improper performance of its obligations if it proves that such obligations could not be performed due to „force majeure“ circumstances that were not reasonably foreseeable, and could not have been prevented or avoided by the affected Party. In determining the circumstances of „force majeure“, the provisions of Resolution No 840 of the Government of the Republic of Lithuania of 15 July 1996 shall apply.
31. A Party that is unable to perform its obligations due to „force majeure“ shall notify the other Party thereof as soon as possible. The Parties are also required to notify the other Party when the grounds for non-compliance with the obligations cease to exists.
32. The grounds for exemption from liability arise from the moment of the occurrence of the „force majeure“ circumstances upon submission of all documents and evidence or, if not notified in time, from the moment of notification. Failure to give timely notice shall render the non-performing Party liable for the compensation of damages that would otherwise have been avoided.
33.By placing an order on the Seller’s website, the Buyer confirms that he/she has read these Rules and acknowledges, understands, and agrees that the Seller, for the purposes of administering the order and communicating with the Buyer, processes the following personal data of the Buyer:
33.1. Name and surname;
33.2. Address and delivery address (if different);
33.3. E-mail address;
33.4. Phone number;
33.5. Bank account number and other details required for payment for the goods.
34. The Parties undertake to comply with the requirements for the protection of personal data set out in Regulation (EU) No 2016/679 of the European Parliament and of the Council, the Republic of Lithuania Law on Legal Protection of Personal Data, the Labour Code, and other legislation regulating the protection of personal data.
35. The Seller undertakes to ensure the rights of the Buyer as a data subject whose personal data is processed for the purposes of fulfilling the order and communication:
35.1. The right to know (be informed) about the processing of personal data;
35.2. The right to know what personal data are held and how are they processed;
35.3. The right to ask for incorrect, inaccurate or incomplete personal data to be corrected;
35.4. The right to withdraw consent to the processing of personal data at any time, without prejudice to the lawfulness of processing based on consent prior to withdrawal of consent;
35.5. The right to object to processing;
35.6. The right to contact the Seller regarding any questions arising from the processing of personal data.
36. Personal data is processed and stored in accordance with the General Data Protection Regulation, the Republic of Lithuania Law on Legal Protection of Personal Data, and other legal regulations.
37. P If the Buyer wishes to exercise the above rights, the contact details of the Seller are: info@biogami.lt.
38. Detailed information about the personal data processing carried out by the Seller, the rights of data subjects and the exercise of these rights is provided in the Privacy Policy approved by the Seller and placed on the website.
39. These Rules are effective as of 11 November 2022.
40. The Seller has the right to unilaterally update these Rules. The updated version of the Rules shall be published on the Seller’s website.
41. Any relationship arising out of these Rules shall be governed by the law of the Republic of Lithuania.
42. Any disputes arising out of the implementation of these Rules shall be settled by mutual negotiation between the Parties. In the event of a failure to resolve the dispute by negotiation, it shall be resolved by the procedures established in the laws of the Republic of Lithuania.
43. If the Buyer, a natural person (consumer), disagrees with the Seller’s response to the Buyer’s claim/query, the Buyer may submit a complaint to the State Consumer Rights Protection Authority directly at Vilniaus g. 25, Vilnius, by e-mail tarnyba@vvtat.lt, by telephone +370 52 62 67 51, and on the website www.vvtat.lt. Alternatively, the Buyer can fill in the application form on the electronic dispute resolution platform at https://ec.europa.eu/odr/.
