1.1. These Terms and Conditions of Sale and Purchase of Goods (hereinafter referred to as the Rules), once approved by the Buyer (by ticking the box “I have read and agree to the Purchase conditions”), shall be a legally binding document for the parties, which establishes the rights and obligations of the Buyer and the Seller, the conditions for the purchase and payment of the goods, the procedure for the delivery and return of the goods, the collection and storage of personal data, the liability of the parties and other provisions related to the purchase and sale of the goods in the www.chaichai.lt e-shop.
1.2. The Seller reserves the right to change, modify or complement the Rules at any time, in the light of the statutory requirements.
1.3. The e-shop www.chaichai.lt is set up by Skoningai dienai UAB and is the property of the company.
1.4. The contract between the Buyer and the Seller shall be deemed to have been concluded from the moment the Buyer has created a shopping cart in the e-shop, indicated the delivery address, chosen the payment method and read the Seller’s rules, and clicked on the “Pay” button.
Protection of Personal Data
2.1. The protection of personal data is carried out in accordance with the privacy policy approved by Skoningai dienai UAB.
2.2. When ordering the goods, the Buyer shall specify in the relevant information fields provided by the Seller the personal data of the Buyer necessary for the proper execution of the order of the goods: name, delivery address, telephone number and email address.
2.3. By confirming the order, the Customer agrees that the Customer’s personal data provided in Clause 2.2 will be processed for the purpose of selling goods and services in the e-shop.
2.4. By consenting to the processing of the Buyer’s personal data for the purpose of the sale of goods and services in the Seller’s e-shop, the Buyer also consents to the sending of information messages to the e-mail address provided by the Buyer, which are necessary to complete the order of goods.
2.5. The Buyer’s personal data may be processed for marketing purposes only if the Buyer expresses his consent to it.
2.6. The Seller undertakes not to disclose the Buyer’s personal data to third parties, except where required by the competent state authority in the cases provided for by the laws of the Republic of Lithuania or with a separate written consent of the Buyer.
2.7. The Buyer shall have the right to object to receiving the newsletters of Skoningai dienai UAB or to terminate their subscription at any time by selecting “Unsubscribe from the newsletter” at the bottom of the newsletter.
Rights and Obligations of the Buyer
3.1. The Buyer shall have the right to purchase goods in the e-shop in accordance with the procedure set out in these Rules and other information sections of the store.
3.2. The Buyer shall have the right to withdraw from the contract for the purchase and sale of goods concluded with the www.chaichai.lt e-shop by notifying the Seller thereof in writing (by e-mail, indicating the product to be returned and its order and/or invoice number) no later than within 7 (seven) days from the delivery or collection of the goods, only if the product is of poor quality or its packaging has been damaged during shipment.
3.3. The Buyer has the right referred to in Clause 3.2 of the Rules only if the item was not damaged or its appearance was not significantly changed, and it was also not used.
3.4. The Buyer undertakes to accept the ordered Goods and to pay for them the agreed price.
3.5. If the information provided in the Buyer’s registration form changes, he must immediately update them.
3.5. The Buyer undertakes not to transfer his login details to third parties. If the Buyer loses the registration data, he must inform the Seller immediately using the means of communication indicated in the section “Contacts”.
3.6. The Buyer, using the e-shop, agrees to the present sale and purchase Rules and undertakes to comply with them and not to violate the laws of the Republic of Lithuania.
Rights and Obligations of the Seller
4.1. The Seller undertakes to provide all the conditions for the Buyer to make proper use of the services provided by the e-shop.
4.2. If the Buyer attempts to undermine the stability or security of the e-shop or violates his/her obligations, the Seller shall have the right to restrict or suspend the Buyer’s access to the e-shop www.chaichai.lt or, in exceptional cases, to cancel the Buyer’s registration, immediately and without notice.
4.3. The Seller shall have the right to cancel the Buyer’s order without prior notice to the Buyer if the Buyer, having chosen the methods of payment provided for in Clauses 5.3.1, 5.3.2 of the Regulations, fails to pay for the Goods within 3 (three) working days.
4.4. The Seller undertakes to respect the Buyer’s right to privacy and the personal information of the Buyer, as indicated in the registration form of the e-shop, except for the cases stipulated by the laws of the Republic of Lithuania and the Privacy Policy.
4.5. The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer, under the conditions set out in Clause 6 of the Rules.
4.6. If the Seller is unable to deliver the ordered goods to the Buyer due to important circumstances, he undertakes to offer a similar item or an item which properties are as much as possible similar to the ordered item. If the Buyer refuses to accept an analogous or similar product, the Seller undertakes to refund the Buyer the money paid within 5 (five) working days, provided that prepayment has been made.
Prices of goods, payment procedures and terms
5.1. The Contract shall enter into force from the moment the Buyer clicks on the “Checkout” button, and upon receipt of the order, the Seller confirms the order by sending a confirmation email to the Buyer’s email address.
5.2. Prices of the goods in the e-shop and in the order form are indicated in euro including VAT.
5.3. The Buyer pays for the goods in one of the following methods:
5.3.1. Online payment using electronic banking means prepayment using the electronic banking system used by the Buyer. In order to use this form of payment, the Buyer must have signed an e-banking agreement with one of the banks listed on www.paysera.lt. Upon completion of the purchase process in our store, the Buyer is automatically redirected to the e-banking environment of the selected bank, where a payment is generated in the e-banking system for the Buyer’s order. In this case, the responsibility for data security rests with the respective bank, as all monetary transactions take place in the bank’s secure e-banking system and not in our shop. The Seller is automatically informed about the successful or unsuccessful payment of the order by the Buyer.
5.3.2. Payment by bank transfer means payment by email of an advance invoice sent by the Seller to the email address provided by the Buyer. In this case, the Buyer shall make the transfer himself using own banking services to the account of the Seller specified in the invoice.
5.4. The Buyer undertakes to pay promptly by the methods of payment set out in Clauses 5.3.1, 5.3.2. In the aforementioned cases, taking into account the right of the Seller provided for in Clause 4.3 of the Rules, only upon receipt of payment for the goods, the parcel of the goods shall be formed and the term of delivery of the goods shall be estimated from that time. If the advance invoice is not paid within 3 working days, the Seller shall have the right to unilaterally cancel the advance invoice submitted.
Delivery of Goods
6.1. When ordering the goods, the Buyer undertakes to specify the exact delivery location and contact telephone number.
6.2. The Buyer undertakes to accept the items himself/herself. In case the Buyer is unable to accept the items himself/herself, and the goods are delivered at the specified address, and based on the information provided by the Buyer, the Buyer shall not be entitled to submit claims to the Seller regarding the delivery of goods to the improper person.
6.3. Goods shall be delivered by the Seller or the Seller’s authorised representative (courier), and may also be sent through parcel terminals (depending on the selected delivery method).
6.4. The Seller undertakes to deliver the goods to the Buyer within 1-3 working days. These terms do not apply in cases where the Seller has no required items in stock and the Buyer is notified about the shortage of stock. The Buyer also agrees that in exceptional cases the delivery of goods may be delayed because of the circumstances beyond the Seller’s control. In this case, the Seller undertakes to immediately contact the Buyer and make arrangements about the delivery.
6.5. In all cases, the Seller will be exempted from liability for breach of the terms of delivery, if the goods are not delivered to the Buyer or delivered late with no fault of the Buyer or for the circumstances beyond the control of the Buyer.
6.6. During the delivery of goods (via courier service at the specified address) the Buyer must inspect the condition of consignment together with the Seller or his authorised representative. When the Buyer signs the invoice (waybill) or other document of transfer and acceptance of the consignment, it shall be assumed that the consignment has been delivered in a proper condition. Upon noticing that the delivered package is damaged (crumpled, wet or otherwise externally damaged), the Buyer must make a comment on the invoice (consignment note) or other document of delivery of consignment, and with participation of the Seller or his authorized representative to draft a free-form statement of the parcel damaging. If the Buyer does not perform these actions, the Seller shall be exempted from liability against the Buyer for the damage of goods if such damage was due to package damage not commented by the Buyer in accordance with the procedure specified above.
6.7. When collecting the shipment from a terminal or a parcel point, the Buyer must immediately inform the Seller if the consignment is received in broken or otherwise damaged packaging, if the consignment contains unsolicited goods or the wrong quantity of goods, or if the consignment is incomplete.
6.8. The Buyer must provide the Seller with photos of the damaged parcel and/or the faulty item(s) by email.
6.9. If the Buyer fails to provide photos, the Seller shall be exempt from liability for damage to the parcel.
6.10. For more detailed information on delivery, please visit the www.chaichai.lt e-shop page (see FAQ – Delivery).
Product Quality Guarantee and Shelf Life
7.1. The specifications of each item sold in the www.chaichai.lt e-shop are generally indicated in the description of each item.
7.2. The Seller shall not be liable if the colour, shape or other specifications of the items in the e-shop www.chaichai.lt do not correspond to the actual size, shape and colour of the items due to the characteristics of the monitor used by the Buyer.
7.3. The Seller undertakes that the items sold are free from visible quality defects: pest infestation, shrivelling, rotting, mould, foreign objects, damage to the original packaging. If the Buyer discovers visible quality defects, he shall immediately notify the Seller by e-mail or other channels specified by the Seller, and the latter undertakes to take all actions to eliminate the existing defects if such defects are caused by the Seller or the parties performing the delivery.
7.4. The Seller provides quality warranty for certain types of items. The specific duration of this warranty and other conditions are indicated in the descriptions of such items.
7.5. In cases where, based on the legislation, a certain best before date is applicable for the goods, the Seller undertakes to sell such items to the Buyer the way enabling the Buyer to really use these items before the expiry of the best before date.
Replacement and Refund of Goods
8.1. Defects of the goods sold shall be eliminated, the defective goods replaced and returned in accordance with Article 6.362 of the Civil Code of the Republic of Lithuania (“Replacement and Return of Things”) and the Resolution of the Government of the Republic of Lithuania “On the Approval of the Rules of Retail Trade”. In all cases, money for returned items is paid only to the payer’s bank account.
8.2. In order to return the item(s) in accordance with Clause 8.1 of the Terms and Conditions, the Buyer may do so within 7 (seven) days from the date of delivery or collection of the goods by informing the Seller by the means of communication specified in the contact section, indicating the name of the goods returned, the order and/or account number, and the reasons for the return.
8.3. The Buyer shall have the right to return the goods and recover the money paid in the following cases:
8.3.1. The goods are free from defects in the quality referred to in Clause 7.3 of these Rules;
8.3.2. The shelf life of the delivered goods is less than 30 calendar days;
8.3.3. The Customer shall not be entitled to return the goods and to receive a refund in the event that the goods did not comply with the description of quality defects other than those specified in Clause 7.3 of these Rules: taste, smell and colour, as these are not attributes that define the quality of the product.
8.4. Food items of satisfactory quality are non-exchangeable and non-returnable.
8.5. When returning the items, the Buyer must follow these requirements:
8.5.1. The replaced item must be in the original orderly packaging;
8.5.2. The returned goods must not have lost their merchantable appearance through the fault of the Buyer;
8.5.3. When returning the goods, it is necessary to provide their purchase document
8.6. The Seller shall inform the Buyer whether or not the returned goods meet the conditions listed above within 3 days by e-mail.
8.7. The Seller has the right not to accept the returned goods the Buyer fails to comply with the requirements for returning the items specified in article 8.5.
8.8. In the event of a return of the wrong goods and/or goods of poor quality, the Seller undertakes to accept such goods or to pay the shipping costs and replace them with similar suitable goods.
8.9. The cost of shipping/delivery of the goods when the Buyer sends the goods to the Seller for return or replacement due to a defect in the goods or for rectification or inspection, shall be borne by the Seller where it is determined that the goods sent for return or replacement are defective pursuant to Clause 7.3 of these Rules. If the Goods are of good quality and free of defects as referred to in Clause 7.3 of these Rules, the shipping costs shall be borne by the Buyer. The money for the returned goods shall be transferred to the Buyer’s bank account no later than within 5 (five) working days from the date of return.
8.10. By accepting these Rules, the Buyer acknowledges that the Seller does not grant the Buyer the right to withdraw from the contract concluded for the purchase of food products without stating a reason.
Liability
9.1. The Buyer is fully responsible for the correctness of information provided in the registration form. If the Buyer fails to provide accurate data in the registration form, the Seller shall not be liable for the consequences thereof and shall acquire the right to claim compensation for direct losses incurred by the Buyer.
9.2. The Buyer is responsible for the transfer of their login details to third parties. If third parties are using the services of www.chaichai.lt having logged in with the Buyer’s login details, the Seller treats such third parties as the Buyer.
9.3. The Buyer is responsible for actions carried out by using this e-shop.
9.4. The Seller is exempted from any liability in the cases where the loss arises from the fact that the Buyer, regardless of the Seller’s recommendations and his own obligations, did not make himself familiar with these Rules although he was given such opportunity.
9.5. If the e-shop of the Seller contains links to the websites of other companies, organizations or individuals, the Seller shall not be liable for information contained in them, or for their activities, he does not supervise or control these websites, and does not represent those companies and individuals.
9.6. In the event of damage, the guilty party shall indemnify the other party for direct losses.
Marketing and Information
10.1. The Seller will have the discretion to initiate various campaigns and sales promotions in the e-shop.
10.2. The Seller has the right to unilaterally, without prior notice, change the terms of the campaigns or cancel them. Any changes of the condition in terms of sales campaigns for their cancellation will not be retroactive, i.e. they are valid only from the moment of their execution.
10.3. The Seller shall send all the notices according to the contact details given in the Buyer’s registration form.
10.4. The Buyer shall send all messages and questions at the telephones and email addresses specified in the seller’s online shop under “Contacts”.
10.5. The Seller is not responsible if the Buyer does not receive messages or confirmations because of disruptions of the Internet connection, e-mail service providers, and network failures.
Final Provisions
11.1. These Rules are drafted in accordance with the legislation of the Republic of Lithuania.
11.2. Relations arising on the basis of these Rules are governed by the law of the Republic of Lithuania.
11.3. All disputes and disagreements arising in relation to these Rules shall be resolved by negotiation. If the parties fail to agree, the disputes shall be settled in accordance with the laws of the Republic of Lithuania.
