TERMS AND CONDITIONS

I. General Regulations
II. Contract Conclusion 
III. Goods and their Prices 
IV. Payment for Goods 
V. Delivery of Goods 
VI. Right of withdrawal from distance contract and Return of Goods
VII. Personal Data Processing
VIII. Final Regulations

I. General Regulations

1.1. The present Rules (hereinafter – the Rules) are laid down seeking to secure rights, liabilities and other regulations related to sale and purchase of goods from the Online Store of the Buyer – you (hereinafter – the Buyer) and AB Utenos trikotazas which sells its goods online under www.shop.about-underwear.com (hereinafter – the Store). 

1.2. You can find detailed information about the Seller of the Goods by clicking on “Contacts” in the Online Store.

1.3. The Rules shall be applicable when the Buyer uses the Online Store in any of the following manners: gets acquainted with the range of Goods offered in the Store, submits an order of Goods, submits personal or other data, pays for the ordered Goods, accepts Goods, reads and provides comments on the information provided in the Store and/or performs any other actions related to the use of the Online Store and offers provided by the Seller. 

1.4. Prior to start using our Online Store and offers provided the Buyer must carefully read and get acquainted with the Rules. Buying Goods from the Online Store the Buyer confirms that he/she agrees with the Rules applied. 

1.5. The Seller shall be released from liability in cases when loss or other adverse consequences are caused by the Buyer not getting acquainted with the Rules, recommendations or other information of the Online Store despite he/she was provided with such an opportunity. 

1.6. The Seller shall preserve the right to unilaterally alter the Rules any time, and the altered Rules shall be provided on the website of the Online Store. Alterations shall take effect from the moment of their publication, and shall be valid for all contracts made after their publication.

II. Contract Conclusion

2.1. Sales and Purchase Contracts of the Goods (hereinafter –Contracts) in Online Store shall be concluded electronically. Concluding Contracts with Buyers the Seller shall follow the Articles of Civil Code of the Republic of Lithuania regulated the distance contracts and “Retail Rules” approved by the Order No. 697 of the Government of the Republic of Lithuania, dated 11/06/2001

2.2. The following persons shall have the right to buy from the Seller’s Online Store: legally capable natural persons; minors from fourteen to eighteen years old only with permission of their parents or guardians, except when they independently manage their funds; legal persons; also, authorized representatives of all persons listed above. By agreeing with the Rules the Buyer confirms that he/she shall have the right to buy Goods from the Online Store of the Seller.

2.3. The Sales and Purchase Contract of the Goods shall be deemed to be concluded by the Buyer and the Seller, and shall take effect from the moment, when the Buyer adds items of Goods to his/her shopping cart, provides delivery address and all required data, selects a mode of payment, gets acquainted and agrees with the Rules, clicks on the link „Confirm the Order”. If the Buyer doesn’t agree with all or any Rules, he/she shall not be allowed submitting an order.

2.4. When the Sales and Purchase Contract of the Goods is concluded, the Seller shall send to the Buyer an automatically generated electronic notification of receipt of the Buyer’s order submitted where exact number of Goods, their prices and order number are provided. The notification shall be sent to the Buyer to the e-mail provided in Buyer’s sign-up or ordering form. 

2.5. The Rules, Delivery, Payment and Return Regulations, Seller’s information, as well as the electronic notification of receipt of the order sent by the Seller to the Buyer which are deemed to be a constituent part of the Rules shall be deemed to be an integral part of the Contract concluded between the Seller and the Buyer. 
2.6. Each contract electronically concluded between the Seller and the Buyer shall be stored in the database of the Online Store.

2.7. The Contract concluded between the Buyer and the Seller shall be valid until full fulfilment of the obligations of the Parties hereto undertaken following the Contract or until its ending following the procedures set forth in the Rules.

III. Goods and their Prices

3.1. Features of each item of Goods sold are provided in descriptions of corresponding items provided in the Online Store. The Seller shall not bear any liability if colour, shape or other parameters of the item don’t match with the actual colour, shape or parameters of the item due to settings and (or) characteristics of the monitor used by the Buyer. 

3.2. The Seller shall have the right to alter the range of Goods offered in the Online Store any time without any notice to the Buyer.

3.3. The price of each item sold in the Online Store shall be provided in Euro next to the corresponding item, in Buyer’s order and the electronic notification of order receipt sent by the Seller to the Buyer. The Seller hereby undertakes to sell the Goods for the prices applicable at the moment when the Buyer submits the order to the Seller. 
3.4. The prices of the Goods shall be provided with value-added tax (VAT) included.

3.5. The prices of the Goods don’t include the payment for delivery of the Goods to the Buyer. The taxes applicable to delivery of the Goods are provided in Clause 5.2 of the Rules.

3.6. The Seller shall have the right to determine the minimum size of shopping cart, i.e. the minimum amount at which Buyer’s order is executed.

IV. Payment for Goods

4.1. The Buyer shall pay for the Goods and their delivery in one of the following manners:
4.1.1. using electronic banking system; 

4.1.2. executing an ordinary advanced payment from the bank to Seller’s account (account details of the Seller are provided in section “Payment”;

4.2. For payment for the Goods and their delivery using bank services commission fees and (or) other taxes for the transactions executed shall be applicable to the Buyer. 

4.3. If a payment for the Goods or their delivery is made by a bank transfer, in payment order form’s section “Payment Details” the Buyer must provide order number provided in the electronic notification of order receipt to the Buyer. If the Buyer fails to provide exact order number in section „Payment Details“, it may cause difficulties during order processing.

4.4. The Seller shall process the order submitted by the Buyer only upon full payment for the Goods and their delivery (except when the Buyer selects payment in cash upon delivery). The payment shall be deemed to be executed when total payable amount is received and credited to Seller’s bank account.

4.5. The Buyer shall be obligated to pay for the Goods and their delivery not later than within 3 (three) workdays from conclusion of the Sales and Purchase Contract of the Goods (except when the Buyer selected payment in cash upon delivery of the Goods). If the Buyer fails to execute the payment within 2 (two) workdays, a reminder about submitted order of Goods and required payment shall be sent to the Buyer’s e-mail provided on the Buyer’s sign-up or ordering form. If the Buyer fails to pay for the Goods and their delivery within 5 (five) workdays from conclusion of the Sales and Purchase Contract, it shall be deemed that the Buyer withdrew from the Contract, and corresponding Buyer’s order shall be cancelled upon notice to the Buyer sent to the e-mail provided in the sign-up or ordering form. 

4.6. The Seller hereby undertakes to furnish the Buyer with correct information required for payment for the Goods and their delivery. However, the Seller shall not assume any liability for services improperly rendered by banks which executed Buyer’s payment to the Seller and related losses. The Seller shall also assume no liability arising due to faults of the Buyer submitting and processing a payment order (e.g. incorrect account number provided / entered, incorrect order number, etc) and related loss and (or) other adverse consequences.

V. Delivery of Goods

5.1. Goods shall be delivered by the Seller or by a courier company (hereinafter – the Courier) rendering courier services entrusted by the Seller at Buyer’s expense. Delivery of the Goods shall be executed in the whole territory of the Republic of Lithuania, except Curonian Spit. Goods shall be delivered to the address provided by the Buyer during sign up or in the ordering form. 

5.2. The delivery fee provided below shall be applicable to delivery of the Goods:
5.2.1. delivery within territory of the Republic of Lithuania (except Curonian Spit) shall be 3 EUR;
5.2.2. delivery within territory of the European Union shall be 8 EUR;
5.2.1. delivery to all other countries will be 15 EUR.                                                               

5.3. Usually Goods are delivered to the Buyer to the address provided by him/her within 3 to 7 workdays. The Buyer hereby agrees that in case of unforeseen circumstances delivery of the Goods may be delayed, however, in all cases the Goods shall be delivered not later than within 30 (thirty) calendar days. In such case the Seller shall immediately contact the Buyer and agree delivery term of the Goods. The delivery term shall start when the Seller receives payment for the Goods and their delivery from the Buyer (except when the Buyer selected payment in cash upon delivery). If the Buyer selected payment in cash upon delivery, the term of Goods delivery shall start from the moment of conclusion of the Sales and Purchase Contract between the Buyer and the Seller. 

5.4. In all cases the Seller shall be released from responsibility for late delivery of Goods if failure to deliver the Goods or their delayed delivery is caused by the Buyer himself/herself or due to circumstances controlled by the Buyer.
5.5. If delivery of the Goods is delayed more than 12 (twelve) workdays not on Buyer’s fault or circumstances controlled by him/her and the Parties hereto fail to agree on extension of Goods delivery term or replacement of the Goods with analogous Goods or other Goods offered on the Online Store, the Buyer shall have the right to withdraw from the Contract (upon notice to the Seller to Online Store’s e-mail shop@aboutwear.com), and the Seller hereby undertakes to repay the money paid in advance by the Buyer (if the payment was made) within 15 (fifteen) calendar days from Contract withdrawal. The money shall be credited to the bank account which the payment was made from or to another Buyer’s account provided in Buyer’s notification of Contract withdrawal.

5.6. Goods shall be delivered on working days Monday to Friday, at the time agreed with the Buyer in advance. 

5.7. If due to Buyer’s fault or circumstances controlled by him/her delivery of the Goods and their transfer to the Buyer did not took place at the time agreed by the Parties hereto (e.g. when the Goods were delivered to the Buyer’s provided address it emerged that incorrect delivery address is provided or the Buyer or any other person who could accept the Goods wasn’t found at the provided address, the Seller or the Courier on his/her instruction shall contact the Buyer again and agree new delivery time suitable for both parties. The Seller shall have the right to require the Buyer to pay additional delivery fee for such repeated delivery of goods. If the Buyer fails to accept the goods when they are delivered repeatedly, it shall be deemed that the Buyer withdrew from the Contract, and the Buyer’s order shall be cancelled upon notification to the Buyer sent to the e-mail provided in Buyer’s sign-up or ordering form. In such case the Seller shall undertake to repay the Buyer the advance payment made (if such payment was made) within 14 (fourteen) calendar days from Contract withdrawal with deduction of delivery fees for the Goods from the amount to be repaid. The money shall be credited to the bank account which the payment was made from.

5.8. When the Goods are delivered to the address provided by the Buyer, the Goods shall be transferred to the Buyer or any other person present at the address provided by the Buyer. The Buyer hereby confirms that he/she understands that any person present at the address provided by the Buyer (hereinafter –Buyer’s Representative) shall be deemed to be a person eligible to accept the Goods. 

5.9. Upon delivery of the Goods the Buyer (Buyer’s Representative) shall examine condition of the Goods together with the Seller or the Courier (whether packaging is not battered, wet, ripped or externally damaged in other ways), contents of the package, quantity and quality. If the Buyer (Buyer’s Representative) notices any external damages, non-compliance of package contents and (or) their quantity, the Buyer (Buyer’s Representative) must note it on consignment delivery confirmation (VAT invoice, cargo waybill or another analogous document) provided by the Seller of the Courier and take a free-format formal note of consignment and (or) damages / non-compliances of the Goods together with the Seller or the Courier. If the Buyer (Buyer’s Representative) fails to perform the actions with participation of the Seller or the Courier, the Buyer shall not have the right to lay a claim concerning exterior damages of the consignment and (or) the Goods, non-compliance of package contents and (or) quantity. Damages / non-compliances recorded during transfer of the Goods shall be eliminated upon terms and procedures agreed by the Buyer and the Seller.

5.10. If the Buyer (Buyer’s Representative) signs the consignment delivery confirmation (VAT invoice, cargo waybill or another analogous document) without any notes, it shall be deemed that the Goods were delivered in undamaged package, and the package contents, their quantity and quality are in compliance with terms and conditions of the Sales and Purchase Contract.

VI. Right of withdrawal from distance contract and Return of Goods

6.1. The Buyer (consumer) shall have the right to withdraw from the Goods Sales and Purchase Contract concluded in Online Store without providing any reason notifying of it the Seller in written within 14 (fourteen) days from the day of Goods delivery. A written Buyer’s notification of Contract withdrawal must be sent to Online Store’s e-mail shop@about-underwear.com. For the exercise of his right of withdrawal, the consumer shall inform the Seller of his decision to withdraw from the contract before the expiry of the withdrawal period.

6.2. The Buyer may use the right to withdraw from the Sales and Purchase Contract specified in Clause 6.1 of the Rules only in case the item of the Goods returned is in compliance with the following requirements: 
6.2.1. the item may not be used, it cannot be damaged or of lower value;
6.2.2. the item must be provided in original manufacturer’s packaging (the packaging may be damaged only as much as it is necessary seeking to examine its contents) and with its marketable condition preserved;
6.2.3. the item has to have all its labels attached. 

6.3. The Buyer shall be obligated to deliver the returned Goods (through a courier, by post or upon personal delivery) to the Seller’s address J.Basanavičiaus Str. 122, LT-28214 Utena, Lithuania.

6.4. Together with the returned item of Goods the Buyer shall submit to the Seller a completed form of request to return/replace the Goods (with the Goods returned, his/her bank account number where the money for the returned Goods are to be transferred to provided on it) and a document confirming the purchase from the Online Store (VAT invoice).

6.5. The Buyer shall not have the right to withdraw from the Contract and return the Goods, which were unpacked after the delivery and can not be return due to hygiene or health protection reasons (e.g. underwear if in either case the hygiene seal has been removed) and under other cirqumstances as indicated in  Clause No. LR 6.22810 part 2 of the Civil Code of the Republic of Lithuania. When a written Buyer’s notification of withdrawal from the Sales and Purchase Contract of Goods specified in Clause 6.1 of the Rules is received, the Seller shall repay the Buyer the money paid for the Goods (including, if applicable, the costs of delivery )within 14 (forteen) calendar days) provided that the returned Goods are in compliance with requirements provided in Clause 6.2 of the Rules.  In case of withdrawal from the contract the Buyer shall to reimburse the costs of returning Goods to the Seller.

6.6.
6.7. In case of sale of Goods of poor quality the Buyer shall have the rights set forth in the Civil Code of the Republic of Lithuania and “Retail Rules” approved by Order No. 697 of the Government of the Republic of Lithuania, dated 11/06/2001, referring to regulations provided in Article 6.3 to 6.5 of the Rules, as well.

VII. Processing of Personal Data

7.1. When the Buyer orders Goods from the Online Store, sign-up is not required, however, proper order processing requires such personal data as first name, last name, e-mail address, address where the Goods will be delivered, telephone number and other data provided in the order. 

7.2. The Buyer hereby confirms that he/she is aware of the right to reject to provide his/her personal data, however understands that personal data are necessary for order processing, and if the Buyer fails to provide the data and doesn’t agree that the data are processed for the purposes specified in Clause 7.5 of the Rules, the Sales and Purchase Contract cannot be concluded and fulfilled. 

7.3. By signing up for the Online Store and (or) providing an order the Buyer confirms that he/she agrees to provide personal data specified in the Rules, sign-up and ordering form and agrees that the Seller processes the data for the purposes specified in Clause 7.5 of the Rules.


7.4. The Buyer shall have the right to get acquainted with his/her personal data processed by the Seller and how they are processed, to require to rectify, destroy the data or to suspend their processing (except their storage), when data are processed not following applicable legal and regulatory acts of the Republic of Lithuania, not to agree personal data to be processed. 

7.5. Buyer’s personal data shall be collected and processed for the purposes of e- commerceseeking to conclude the Contract, to process orders of Goods, to issue financial documents, to resolve issues related to delivery and transfer of Goods and seeking to fulfil other undertaken obligations) The Buyer hereby agrees that his/her contact data are processed for the purposes of marketing of the Goods offered by the Seller. The Buyer shall have the right to reject processing of his/her personal data for marketing purposes.  The Buyer is entitled to give his consist to process the personal data for the purposes of direct marketing by clicking on the submit button before order the Goods.  The Buyer have the right to refuse of the consent to processing personal date for the purpose of direct marketing at any time by informing the Seller about objection.

7.6. The Seller shall have the right to provide Buyer’s personal data to third persons only for the purposes specified in Clause 7.5 of the Rules and only as much as it is necessary for achieving the goals. In such cases Buyer’s personal data shall not be disclosed to third persons without prior consent of the Buyer, except the cases when the Seller must do it following applicable legal and regulatory acts of the Republic of Lithuania. 

7.7. While signing up for the Online Store, completing an ordering form or using the Online Store otherwise, the Buyer must provide comprehensive and correct data. If the data provided by the Buyer change, the Buyer must immediately update them. The Buyer shall be responsible for correctness of the data provided in the sign-up, ordering form or provided otherwise using the Online Store, and shall assume all liability for consequences arising from incorrectness or inaccuracy of the data. 

7.8. Signing up for the Online Store and ordering Goods the Buyer undertakes to protect and not to disclose login data to third persons. If the Buyer loses login data, he/she must immediately notify the Seller of it. The Buyer shall be liable for transfer of his/her login data to third persons. If third persons logged in using Buyer’s data use offers provided by the Seller in the Online Store, the Seller shall consider the person to be the Buyer.

VIII. Final Stipulations

8.1. If the Buyer attempts to harm and (or) harms fluent and (or) stable operation of the Online Store or breaches his/her obligations, the Seller shall have the right to limit or suspend (terminate) Buyer’s right to use services of the Online Store any time without prior notice. 

8.2. The Seller shall have the right to suspend or terminate (stop) Store’s activities without prior notice to the Buyer.
8.3. By providing a comment or a recommendation the Buyer shall assume all liability that any provided information is correct and accurate, it doesn’t violate rights of third persons and regulations set forth in applicable legal and regulatory acts of the Republic of Lithuania. By providing a comment or a recommendation the Buyer shall assume full responsibility for his/her actions.

8.4. The Seller shall preserve the right to delete and (or) correct Buyer’s comments any time, if the Seller believes that the Buyer breached regulations provided in Clause 8.3 of the Rules.
8.5. The Buyer and the Seller agree that all information provided on the website of the Online Store (including, however, not limited to the Rules, Delivery, Payment and Return Regulations, information about the Seller, offered Goods and their properties, etc) shall be deemed to be provided to the Buyer in written. 
8.6. The Seller shall send all notifications to the Buyer to the e-mail provided in the sign-up or ordering form. 
8.7. The Buyer shall send all notifications, requests, claims, etc to Online Store’s e-mail shop@about-underwear.com. The Buyer shall have the right to contact the Seller by address Basanavičiaus Str. 122, LT-28214 Utena, Lithuania.

8.8. The Rules shall not restrict in any case and shall not be perceived as restricting Buyer’s (consumer’s) rights set forth by legal and regulatory acts of the Republic of Lithuania. The Rules are laid down following applicable legal and regulatory acts of the Republic of Lithuania. The law of the Republic of Lithuania shall be applicable to the Sale and Purchase Contract concluded between the Seller and the Buyer. Any and all disputes of the protection of consumers rights shall be settled by State Consumer Rights Protection Authority, address Vilniaus str. 25, Vilnius.

8.9. All disagreements between the Buyer and the Seller arising out of the Sales and Purchase Contract and related to it shall be solved in negotiations. In case of failure to reach an agreement, the disagreements shall be solved following applicable legal and regulatory acts of the Republic of Lithuania.

8.10. The Seller is entitle to change and supplement  this Rules at any time according to the laws or provisions of legal instruments. The Buyer shall agree with the applied Rules at any time prior to placing orders in our Online Store.

8.11. If the Buyer has a problem regarding a product or service he bought from the Seller online, he can settle his dispute out-of-court through an Online Dispute Resolution (ODR) http://ec.europa.eu/odr/.