1. DEFINITIONS
1.1. Seller – Akvilė Žilionė, acting according to individual activity (nr.: 967270)
1.2. Online Store –
an online store accessible at the address www.modneli.com
1.3. Buyer –
a person ordering or purchasing goods on the Online Store.
1.4. Personal
Data – the Buyer’s data as specified in the Privacy Policy.
1.5. Privacy
Policy – a document approved by the Seller that sets out main
provisions on the collection, accumulation, processing and storage of the
Personal Data as well as other aspects related to the use of the Online Store.
1.6. Terms and
Conditions – these Terms and Conditions of purchase of goods on the
Online Store.
1.7. 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
2.1. These Terms and
Conditions is a legal document that is binding on both the Buyer and the
Seller. The Terms and Conditions cover the rights and obligations of the Buyer
and the Seller, other provisions of the sale and purchase contract, and
conditions for purchasing on the Online Store. It is recommended that you
should read these Terms and Conditions and the Privacy Policy carefully and
make sure that you understand them correctly. If you disagree with the
provisions of the Terms and Conditions and the Privacy Policy, you should not
use the Online Store.
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 fill “Return form”
Should the Buyer decide
to exercise his/her right to cancel the sale and purchase contract, the Seller
shall, within 10 calendar days after the date of receipt goods, refund to the
Buyer the full amount of goods.
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 5 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 order the item of required size, except for the specified goods which the Buyer has no right to exchange/return according to the law.
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. 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 “About us” 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.
3.5. Return Methods
Please fill out
the refund form, return products packed safely
and please write us the invoice number. The
address for returns:
MODNELI STUDIO
S. Zukausko 15J,
Ramuciai, LT -54464, Lithuania
Phone number: +370 605 33 700
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..
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 .
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.
3.9. Should any issue
concerning goods purchased on the Online Store arise, the Buyer may approach
the Seller by telephone or via email : +370 605 33 700, info@modneli.com
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 on the Online Store for
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 a notice. In such a case the Seller may offer the Buyer
another item of the same or higher quality and value. Should the Buyer refuse
from such item, 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.
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. ORDERS
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.
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 only be delivered in Lithuania.
7.4. Delivery
Methods and Charges:
Regular deliveries are
carried out in 5-7 days in Lithuania, 10-15 days to the countries
of European Union and 10-25 days to the rest of the world.
Exeption: please look
delivery information in some products descriptions
Prices:
Lithuania: delivery
price up to 100 EUR orders is 4 eur. by DPD courier, 3 eur. by pack DPD pickup
point. If your order is more than 100 EUR delivery is FREE in Lithuania*
*Kuršių nerija -
15 eur
Europe: delivery price up to 200 EUR orders by DPD courier: Latvia, Estonia - 6
eur; Poland - 10 eur ; EU Union - 20 eur.
Delivery price up to
200 EUR orders by LT Post: Poland - 7 eur ; EU Union - 10 eur.
If your order is more
than 200 EUR delivery is FREE in Europe
The entire rest of the
world to combine separately
7.5. 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.
7.6. 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.
7.7. 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
The Personal Data
provided by the Buyer shall be processed in accordance with the Privacy
Policy.
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”.