1. General provisions.
1.1. These rules for the purchase and sale of goods (hereinafter – the Rules) are a legal document binding on the parties, which determine the rights and obligations of the Buyer and MB ASINAS registration code 304857125, address Ramybės g. 4-70, LT-02103 Vilnius (hereinafter – the Seller), the conditions for purchasing and paying for goods, the procedure for the delivery and return of goods, the parties’ responsibilities and other provisions related to the purchase and sale of goods in the www.happygifters.com (hereinafter – HAPPY GIFTERS) online store. These Rules are prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on the Protection of Consumer Rights, the Electronic Commerce Directive and other by-laws.
1.2. The buyer agrees to these Rules by registering on the website of the HAPPY GIFTERS online store.
1.3. To register and buy goods in the HAPPY GIFTERS online store, only:
1.3.1. Legal entities;
1.3.2. Active natural persons, i.e. persons who have reached the age of majority, whose capacity is not limited by court order;
1.3.3. Minors between fourteen and eighteen years of age, only with the consent of their parents or guardians, except in cases where they independently dispose of their income.
1.4. By accepting the Rules, the Buyer confirms that he/she has the right to register and purchase goods in the HAPPY GIFTERS online shop by Clause 1.3 of the Rules.
2. Protection of personal data.
2.1. When buying in the online store HAPPY GIFTERS, the Buyer must register on the website of the online store or enter his personal data for quick shopping without registration. The buyer must enter: first name, last name, e-mail address, delivery address, phone number, and password.
2.2.By agreeing to the Rules, the Buyer agrees that the e-mail address provided by the Buyer will be used to send information notifications necessary to complete the order, payment and delivery of the goods.
2.3. The buyer must also indicate the correct personal data (name, surname, delivery address, telephone number) that are necessary for the purchase, payment and delivery of the goods.
2.4. In the registration form, the Buyer can choose to receive messages or offers from the Seller. If the Buyer does not wish, the Seller will not use the Buyer’s personal data for marketing purposes and will not send advertising or information messages to the Buyer, except for those necessary to fulfill the order submitted by the Buyer.
2.5. The Seller undertakes not to disclose the Buyer’s personal data to third parties, with the exception of the Seller’s partners providing goods delivery or other services related to the proper fulfillment of the Buyer’s order. In all other cases, the Buyer’s personal data may be disclosed to third parties only in accordance with the procedure provided by the legal acts of the Republic of Lithuania.
3. Conclusion of the purchase-sale contract.
3.1. The contract between the Buyer and the Seller shall be deemed to be concluded from the moment when the Buyer clicks on the “Place Order” link in the HAPPY GIFTERS online store after selecting the product(s) to be purchased and after forming a shopping cart (hereinafter referred to as the “Shopping Cart”) and makes the payment for the purchased goods.
3.2. Upon conclusion of the Purchase – Sale Agreement, the assortment of goods, their quantity, price, delivery time and other conditions specified during the execution of the Buyer’s order are binding for both the Buyer and the Seller and can only be changed in accordance with the procedure set forth in these Rules.
3.3. Purchase and sale contracts are registered and stored in the HAPPY GIFTERS database.
4. Buyer’s rights.
4.1. The buyer has the right to purchase goods in the HAPPY GIFTERS online store in accordance with these Rules.
4.2. The buyer has the right to refuse the contract of purchase and sale of goods concluded with the online store HAPPY GIFTERS by notifying the Seller in writing (by e-mail, indicating the desired return of the product and its order number) no later than within 14 (fourteen) days from the day of delivery of the product), except cases where the contract cannot be waived according to the laws of the Republic of Lithuania.
4.3. The Buyer’s right referred to in Clause 4.2 shall be exercised in accordance with the Rules on the Sale of Goods and the Provision of Services when Contracts are Concluded by Means of Communication, approved by the Minister of the Economy by means of Order No.258 of 17 August 2001.
4.4. The Buyer may only exercise the Buyer’s right set out in clause 4.2 if the goods have not been damaged or substantially altered in appearance and have not been used.
4.5. Cancellation or adjustment of the ordered and formed Shopping Cart is possible only before the goods are shipped (after choosing the delivery method through the parcel shipping company). Despite the fact that in certain cases the Buyer cannot cancel or adjust the Shopping Cart of ordered Goods, the Buyer retains the right to withdraw from the contract and return the Goods in accordance with the procedure set out in these Rules.
5. Seller’s Rights.
5.1.If the Buyer attempts in any way to undermine the stability and security of HAPPY GIFTERS, or violates any of the Buyer’s other obligations set out in Clause 6, then the Seller shall have the right to terminate the Buyer’s registration or otherwise restrict the Buyer’s ability to use HAPPY GIFTERS immediately without notice, including, but not limited to, the non-execution of any of the Buyer’s Orders, and/or to bring the Seller to criminal prosecution.
5.2. When the Buyer pays for the goods and their delivery, but the Seller is unable to contact the Buyer within the specified time according to the selected delivery method, then the order is canceled and returned to HAPPY GIFTERS.
6. Obligations of the buyer.
6.1. The Buyer undertakes to pay for the goods purchased and to accept them in accordance with these Rules.
6.2. If the Buyer refuses to accept the goods without valid reasons during the delivery of the goods, the Buyer must cover the costs of delivery of the goods at the request of the Seller.
6.3. If the Buyer’s data, provided in the registration form, changes, the Buyer must update them immediately.
6.4. The Buyer undertakes to store and not transfer to third parties his login data to the HAPPY GIFTERS online store. If the Buyer loses his login data, he must immediately inform HAPPY GIFTERS in writing (e-mail). HAPPY GIFTERS is not responsible for the actions of third parties after using the Buyer’s login data until the moment of notification and the opportunity for the online store administrator to change the Buyer’s login data. In this case, HAPPY GIFTERS has the right to assume that the actions in the online store were performed by the Buyer.
6.5. Buyers of the HAPPY GIFTERS online store must comply with these Rules and conditions, clearly indicated in the information sections of the online store, and must not violate the laws of the Republic of Lithuania.
7. Obligations of the seller.
7.1. The Seller undertakes to create all conditions for the Buyer to properly use the services provided by the HAPPY GIFTERS online store, the operating conditions of which are determined by these Rules and other conditions published in the HAPPY GIFTERS online store.
7.2. The Seller undertakes to deliver the goods purchased by the Buyer by the delivery method chosen by the Buyer, based on the conditions set by these Rules.
7.3. The Seller undertakes to respect the Buyer’s right to privacy regarding the Buyer’s personal information.
7.4. In case of unforeseen circumstances, when due to unforeseen circumstances the Seller is unable to deliver the goods purchased in the HAPPY GIFTERS online store, the Seller has the right to terminate the purchase-sale agreement by notifying the Buyer beforehand. The Seller can offer a similar product, if the Buyer refuses, the Seller undertakes to return the money paid within 5 working days.
7.5. If the Buyer exercises the right provided for in Clause 4.2 of the Rules and under the condition provided for in Clause 4.4 of the Rules, the Seller undertakes to reimburse to the Buyer the money paid for the goods within 14 (fourteen) working days from the date of receipt of the returned goods.
8. Prices of goods.
8.1. The prices of goods in the online store and in the completed order at HAPPY GIFTERS are indicated in the currency circulating in the country. The seller is a VAT payer. VAT is included in the price, after confirming the order, the delivery fee is added to the total amount of the goods.
9. Payment for goods procedures and terms.
9.1. The buyer pays for the purchased goods in the following ways:
9.1.1. Through the payment partner system “KLIX.APP”:
9.1.1.1. Electronic banking: “Swedbank”, “SEB”, “Luminor”, “Citadele”, “Šiaulių bankas”, “Revolut”;
9.1.1.2. Other “KLIX.APP” payment methods: Visa, MasterCard, Maestro bank cards, “Apple Pay”.
9.2. The buyer undertakes to pay for the goods immediately. Only after receiving the payment for the goods, does the formation of the goods parcel begin and the calculation of the delivery term of the goods starts.
9.2.1 Upon payment of the order, the Buyer shall immediately receive a confirmation of purchase by email.
9.3. If the order is not paid, it is removed from the system after 24 hours.
10. Delivery of goods.
10.1. When purchasing goods in the online store HAPPY GIFTERS, the buyer chooses the method of delivery of the goods: the delivery service of the goods.
10.2. Goods delivery service:
10.2.1. The buyer, having chosen the delivery service, undertakes to provide the exact delivery address (including postal code) and telephone number;
10.2.2. The buyer undertakes to accept the goods himself. In the event that he cannot accept the goods himself, and the goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer does not have the right to make claims to the Seller regarding the delivery of the goods to the wrong entity;
10.2.3. . The delivery fee in Lithuania varies from 3.00 EUR. incl. VAT; Collection of goods at the HAPPY GIFTERS office is free. Delivery price applies to one order. The seller has the right to apply discounts on delivery.
10.2.4. The goods are delivered to Andorra, Australia, Austria, Belgium, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Faroe Islands, Finland, France, Greece, Hong Kong SAR China, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Northern Ireland, Norway, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, United Kingdom, United Kingdom without Northern Ireland, and United States. The fee for goods delivery (transportation) service when sending goods to other countries is calculated taking into account the weight of the goods basket. The fee for the delivery (transportation) service of the goods is indicated on the website of the online store (Pickup and Delivery of goods). Delivery price applies to one order. The seller has the right to apply discounts on delivery.
10.2.5. Picking up goods at the HAPPY GIFTERS office:
10.2.5.1. Collection at the HAPPY GIFTERS office is possible at: Laisvės pr. 53E, Vilnius;
10.2.5.2. Pick-up at the HAPPY GIFTERS office is carried out on working days M-F 9:00 a.m. – 4:00 p.m., unless otherwise stated in the product descriptions;
10.2.5.3. The buyer undertakes to collect the goods himself. In the event that he cannot collect the goods himself, the Buyer can freely oblige another person in writing to collect the goods.
10.2.5.4. Collection of goods at the HAPPY GIFTERS office is free of charge.
10.2.6. The buyer will see the exact amount of the shipping fee before confirming the order. The amount of the delivery fee will not be changed after the order is confirmed.
10.2.7. If the buyer chooses 10.2.5. item, the goods must be picked up within 14 working days of receiving the “Payment accepted” notification.
10.2.8 If the Buyer chooses the method set out in clause 10.2.5, shipments will normally be arranged on the same day.
10.3. The delivery terms of the goods are given in the product descriptions and/or with the delivery method. They are preliminary and subject to change. The seller undertakes to make every effort to deliver the purchased item as soon as possible.
10.4. In all cases, the Seller is released from responsibility for the violation of the deadlines for the delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the fault of the Buyer or due to circumstances beyond the Seller’s control.
10.5. After receiving the goods, the Buyer must, together with the Seller or his authorized representative, check the condition of the shipment (whether the outer packaging is not damaged) and sign the invoice, waybill or other shipment transfer and acceptance document. After the buyer signs the invoice, waybill or other document of delivery and acceptance of the shipment, it is considered that the shipment has been delivered in a suitable condition. Having noticed that the package of the delivered package is damaged (crumpled, wet or otherwise externally damaged), the Buyer must note this in the invoice, waybill or other document of delivery and acceptance of the package and, in the presence of the Seller or his representative, draw up a free-form act of damage to the package. If the Buyer does not perform these actions, the Seller is released from responsibility towards the Buyer for damage to the goods, if the basis for the occurrence of such damage is not a factory defect, and for inconsistencies in the composition of the goods, if these inconsistencies can be determined by inspecting the outside of the goods. If, after receiving the shipment, the Buyer notices a discrepancy in the goods, a factory defect or other defects in the goods, he shall immediately inform the Seller about this. If the complaint about the inappropriate quality of the goods is confirmed and the Buyer returns the goods of inappropriate quality, the money for the goods is returned to the Buyer within 14 (fourteen) working days, the return costs are covered by the Seller. Buyers who pick up parcels from the self-service terminals of courier parcels and notice discrepancies must immediately inform HAPPY GIFTERS.
10.6. The buyer cannot, at his discretion, change the delivery address of the goods after the shipment has been shipped. If the place of delivery is changed by personal agreement with the courier or other delivery service, the Seller is not responsible for meeting the delivery deadline and has the right to additionally charge the Buyer for the additional costs incurred due to the arbitrary change of the customer’s delivery address while the package has been sent. Expenses incurred may be covered by issuing an additional invoice to the Buyer, or deducted from the amount of returned goods.
10.7. The characteristics of all goods sold are indicated in the description attached to each item. The Seller is not responsible for the fact that the color, shape or other parameters of the goods in the online store may not correspond to the actual size, shape and color of the goods due to the characteristics of the computer monitor used by the Buyer.
10.8. Terms, their changes, additions and updates are presented in the “Pickup and Delivery of goods”.
10.9. If goods with different delivery times are ordered in one order, then the longer delivery time is applied to the entire order.
11. Product quality, guarantees.
11.1. The characteristics of each product sold in the online store are indicated in the product description provided in the HAPPY GIFTERS online store.
11.2. The Seller is not responsible for the fact that the color, shape or other parameters of the goods in the HAPPY GIFTERS online store may not correspond to the actual size, shape and color of the goods due to the characteristics of the display used by the Buyer.
11.3. The goods sold by the seller are subject to the guarantee of the quality of such goods established by legislation. The seller provides a quality guarantee for certain types of goods, the specific term and other conditions of which are indicated in the descriptions of such goods.
12. Return and refund.
12.1. Any defects in the goods sold shall be rectified, and defective goods shall be replaced and returned in accordance with the Rules for Returning and Exchanging Goods, approved by Order of the Minister of the Economy No. 217 of 29 June 2001 “On Approval of the Rules for Returning and Exchanging Goods”.
12.2. In order to return the product(s) in accordance with Clause 12.1, the Buyer must complete a return/exchange document, which the Buyer receives by email in the form of a free-form request. If the goods are returned because they were faulty or damaged, the Seller pays for the return. If the goods are returned for other reasons, the Buyer pays for the return.
12.3. The following conditions must be met when returning goods:
12.3.1. The returned item must be in its original, neat packaging (this clause does not apply in the case of returning a defective item);
12.3.2. The product must be undamaged by the Buyer;
12.3.3. The product must be unused, without losing its commercial appearance (labels intact, protective film not torn off, etc.);
12.3.4. The returned item must be in the same package as the one received by the Buyer;
12.3.5. When returning the product, it is necessary to present the purchase document, the warranty document (if it was issued) and the completed return document;
12.3.6. The Seller has the right to refuse to accept the goods returned by the Buyer if the conditions for returning the goods were not met;
12.3.7. The paid return fee is not refundable;
12.3.8. The return of goods is carried out by sending by registered mail and/or using a parcel delivery company, and/or at the HAPPY GIFTERS office.
12.3.9. The return of goods is carried out within 14 (fourteen) days from the day of receipt of the goods;
12.4. The money paid to the Buyer shall be refunded using the same means of payment used by the Buyer for the purchase transaction. Refunds shall be made within 14 working days of receipt of the returned goods and the return documents.
12.5. If due to the Buyer’s fault (arbitrarily changed delivery address, agreed delivery on the next day, wrongly specified data, etc.) the shipment was not delivered to him on the next working day, the date of delivery of the shipment, from which the deadline for returning or exchanging goods is calculated, will be considered the next working day after shipment.
12.6. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with the Clause 12.3. of the Rules for returning goods. Goods returned by the buyer will be assessed to see if the products have been returned in compliance with the above conditions. If the conditions were not met, the money will not be refunded. Delivery or pick-up of the product in such cases will be negotiated individually.
12.7. When returning the wrong product and/ or defective product, the Seller undertakes to accept such products and replace them with similar suitable products within a reasonable period of time.
12.8. In the event that the Seller does not have goods suitable for replacement, the amount paid, including the cost of delivery, is returned to the Buyer.
12.9. If the Buyer returns the product purchased during the promotion, the amount paid for the product will be returned (after the discount).
12.10. If free shipping was applied to the Buyer at the time of purchase, in case of return of the item(s) from the total amount paid by the Buyer (if it no longer meets the conditions of free shipping or the entire order is returned), the shipping costs will be deducted according to the shipping rates in force at that time.
12.11. If during the delivery of the goods, the Seller incurs additional delivery costs due to the Buyer’s fault, in the case of returning or exchanging the goods, the Seller has the right to deduct the incurred damage from the amount to be refunded.
12.12. If the Buyer orders goods that the Seller must order from suppliers, it is considered an Individual order. Such goods cannot be returned and the advance payment method is applied.
13. Liability.
13.1. The buyer is fully responsible for the correctness of the data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller is not responsible for the resulting consequences and acquires the right to demand compensation for the direct losses suffered by the Buyer.
13.2. The Buyer is fully responsible for his actions after registering with the HAPPY GIFTERS online store.
13.3. The Buyer is responsible for the security and/or transmission of his registration data to third parties. If the registration data is used by a third party, he will be considered the Buyer.
13.4. The Seller is released from any responsibility in cases where losses arise because the Buyer, regardless of the Seller’s recommendations and the Buyer’s obligations, did not familiarize himself with these Rules, although he was given such an opportunity.
13.5. In the event of damage, the guilty party compensates the other party for the losses incurred in accordance with the procedure and grounds established by the legal acts of the Republic of Lithuania.
13.6. If the Seller’s HAPPY GIFTERS online store contains links to e-mail addresses of other companies, institutions, organizations or individuals. websites, the Seller is not responsible for the information or activities there, does not supervise or control those websites and does not represent those companies and individuals.
14. Marketing tools and information.
14.1. The Seller can carry out various types of promotions, change their terms, and terminate them at any time.
14.2. The special conditions of certain promotions initiated by the Seller, specific only to those specific promotions, are defined in the communication tools of these promotions.
14.3. The Buyer shall send all messages and questions to the telephone numbers and e-mail addresses indicated in the “Contacts” section of the Seller’s e-shop.
14.4. The seller is not responsible if the buyer does not receive information or confirmation messages sent due to internet connection, e-mail service provider network failures, or incorrect data specified by the Buyer.
15. Final provisions.
15.1. HAPPY GIFTERS reserves the right to suspend, at its own discretion, fill in, change these Rules and other documents related to the Rules. Additions or changes to the rules take effect from the date of their publication.
15.2. If the Buyer does not agree with the new version of the Rules, partial additions, changes, the Buyer has the right to refuse them, provided that the Buyer loses the right to use the services of the online store.
15.3. These Rules for the purchase and sale of goods are drawn up in accordance with the laws and legal acts of the Republic of Lithuania.
15.4. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. In case of failure to reach an agreement, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania in the court of the Republic of Lithuania according to the Seller’s registered office.
15.5. The law of the Republic of Lithuania applies to these Rules for the purchase and sale of goods.
15.6. The parties are released from the performance of their obligations under these Rules if their performance is impossible due to force majeure circumstances.
