- General Provisions
- These Terms and Conditions of Sale (the Conditions) are legally binding upon the Buyer and UAB Alteus (the Seller) and govern the rights and obligations of the parties, the conditions and procedure for entering into the purchase and sale contract, delivery and return of products, and contain other provisions related to the purchase and sale of products from the Creme de la Creme online shop at http://cremedelacreme.shop/ (shop).
- These Conditions have been prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on the Protection of Consumer Rights of the Republic of Lithuania and other applicable legislation. When purchasing the products from Latvia or Estonia as a consumer (natural persons who purchase the products for purposes other than those related to their business, trade, craft or profession (for consumption purposes)), you can also rely on the mandatory provisions of consumer protection legislation applicable in your country.
- By ordering the products, the Buyer confirms that s/he has read the Conditions.
- Eligible to place orders and make purchases of products on Cremedelacreme.shop are only the following persons:
- natural persons with legal capacity, i.e. those who have attained the age of majority and whose capacity has not been limited by the court;
- minors from 14 to 18 years of age, subject to having obtained the consent of the parents or guardians, except those minors who are entitled to dispose of their income independently;
- legal persons; however, the conditions for the return of the products and withdrawal from the contract specified in these Conditions do not apply to legal persons; they can return the products only on the general grounds set forth in the legislation of the Republic of Lithuania.
- By accepting these Conditions, the Buyer acknowledges that, in accordance with paragraph 1.3 above, s/he is eligible to purchase products from the online shop Cremedelacreme.shop.
- The Frequently Asked Questions (FAQ) section of the Cremedelacreme.shop website provides detailed information related to ordering, delivery, returns, etc. of the products. Having regard to the information provided above, we recommend that you should refer to FAQs before starting to use Cremedelacreme.shop.
- Formation of the Purchase and Sale Contract
- A contract between the Buyer and the Seller is deemed to be concluded when, after selecting the product(s) the Buyer wishes to purchase, the Buyer adds them to the shopping bag (the Shopping Bag) and clicks on the ORDER link.
- Once a purchase and sale contract are formed, the items, quantity, price, delivery time and other conditions indicated by the Buyer when placing an order become binding on the Buyer and the Seller and may be modified only as specified in these Conditions.
- All purchase and sale contracts are registered and stored on the Seller’s database.
- Rights and Obligations of the Buyer
- The Buyer has the right to purchase the products from the online shop Cremedelacreme.shop in accordance with these Conditions.
- The Buyer is entitled to withdraw from the purchase and sale contract concluded with the online shop Cremedelacreme.shop by notifying the Seller in writing (by e-mail, with an indication of the product s/he wishes to return and the order number) no later than within 14 (fourteen) days of the date of delivery of a non-defective product. The right to refuse the product within 14 days may be exercised only by consumers (natural persons who purchase the products for purposes other than those related to their business, trade, craft or profession (for consumption purposes)). Legal persons and other Buyers who do not meet the definition of a consumer are entitled to return the products only on the general grounds set forth in Lithuanian legislation.
- The right of the Buyer (consumer) described in the first sentence of paragraph 3.2 of the Conditions must be exercised in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania.
- The Buyer is entitled to exercise the right of the Buyer (consumer) indicated in paragraph 3.2 above only if the product is not damaged or is substantially in the same condition and in unused condition (for more detail, see Section 8 of the Conditions).
- If the product purchased by the Byer is defective, the Buyer has the rights established by the legislation of the Republic of Lithuania (if you are a consumer, you can rely on the mandatory provisions of consumer protection legislation applicable in your country).
- The Buyer may not cancel the Shopping Bag or modify items in the Shopping Bag after having placed an order. If the Buyer would like to cancel or change an order after it has been placed, the Buyer should immediately contact the Seller (for contact details, see Section 9 of the Conditions). In the cases when the Seller is not in a position to enable the Buyer to cancel or modify the Shopping Bag after an order has been placed (e.g. the products are already ready for shipment or have been picked up by a courier) the Buyer is entitled to withdraw from the contract and return the products as specified in these Conditions.
- After having placed an order, the Buyer must accept the products as specified in these Conditions, must not abuse the rights of the Buyer, and must comply with the legislative requirements.
- If the Buyer refuses to accept the products at delivery without a valid reason, when requested to do so by the Seller, the Buyer must cover the cost of return of the products.
- Rights and Obligations of the Seller
- The Seller undertakes to make it possible for the Buyer to order the products through shop as specified in these Conditions.
- The Seller undertakes to deliver the products purchased by the Buyer using the method of delivery selected by the Buyer, and to the delivery address specified by the Buyer, when placing an order.
- The Seller undertakes to respect the privacy of the Buyer and process his or her personal data in compliance with the applicable legislation.
- The Seller undertakes to use best efforts to fulfil the Buyer's order. However, in exceptional cases, there may be one-time occurrences when due to unforeseen circumstances outside the Seller’s control the Seller may be unable to deliver the product purchased by the Buyer. In such exceptional cases, where performance of the purchase and sale contract is not possible, the Seller will have the right to terminate the purchase and sale contract by giving prior written notice thereof to the Buyer. In order to meet the Buyer's needs, the Seller may offer the Buyer an alternative product similar to the product ordered or purchased by the Buyer. If the Buyer rejects an alternative product proposal, the Seller undertakes to refund the Buyer for the amount paid within 5 business days.
- If the Buyer (consumer) elects to exercise his or her right of withdrawal from the contract as specified in paragraph 3.2 of the Conditions, the Seller undertakes to refund the amount paid by the Buyer within 14 (fourteen) days from the date on which the Seller received the Buyer's notice of withdrawal. The Seller may not refund the Buyer for the amount paid until such time as the products have been returned to the Seller or the Buyer has provided evidence that the products have been shipped to the Seller, whichever is the earlier.
- If when placing an order through shop the Buyer selects the pay on pick up option or has paid for the products when placing an order, however, the Seller’s partner (parcel delivery company selected by the Buyer) attempting to deliver the products to the Buyer is unable to contact the Buyer using the contact details specified by the Buyer within the time limit for delivery published on the website of the Seller's partner, the products ordered by the Buyer will be returned back to Cremedelacreme.shop.
- All prices of the products in the online shop and in the order placed on Cremedelacreme.shop are given in euros. The Seller is registered for VAT purposes. The prices of the products displayed in Cremedelacreme.shop are inclusive of VAT. A delivery charge will be added to the total price of the products before the order is confirmed by the Buyer.
- Payment Terms and Time Limits for Payment
- The Buyer will pay for the products purchased using one of the following methods:
- internet banking: directly through Swedbank, SEB; Paysera or credit/debit card;
- If the Buyer selects the option to pay through internet banking, s/he undertakes to pay for the products immediately. Shipment will be processed only after payment. Orders not paid within one hour are removed from the system.
- If the Buyer selects delivery through DPD Pickup points or pickup from Lithuania Post offices, the only available option is prepayment via internet banking.
- Delivery of Products
- When making purchases from shop the Buyer selects the method of delivery of the products: product delivery service.
- Product delivery service:
- By selecting the product delivery service, the Buyer undertakes to provide an accurate shipping address for the products.
- The Buyer undertakes to accept the products personally. If the Buyer is unable to accept the products personally but the products have been delivered to the address specified by the Buyer and based on other data provided by the Buyer, the Buyer will not be entitled to make any claims against the Seller regarding delivery of the products to the wrong recipient.
- The products may be delivered by the Seller itself or its authorised representative.
- The following delivery charge* will apply if delivery is selected:
- Delivery is free for orders over EUR 50;
When the order amount is under EUR 50, the following delivery charges apply:
- delivery to Omniva parcel lockers: EUR 2;
- delivery to LP Express parcel lockers: EUR 2;
- delivery to DPD Pickup points/parcel lockers: EUR 2;
- delivery via DPD courier service (except to Neringa): EUR 3.5;
- delivery via LP Express courier service (except to Neringa): EUR 3.5.
- Delivery is free for orders over EUR 65;
When the order amount is under EUR 65, the following delivery charges apply:
- delivery to Omniva parcel lockers: EUR 5.5;
- delivery to DPD Pickup points/parcel lockers: EUR 4.5;
- delivery via DPD courier service: EUR 6.
- Delivery is free for orders over EUR 65;
When the order amount is under EUR 65, the following delivery charges apply:
- delivery to Omniva parcel lockers: EUR 5.5;
- delivery to DPD Pickup points/parcel lockers: EUR 4.5;
- delivery via DPD courier service (except for Estonian islands): EUR 6.
* Prices are subject to change depending on the offers of partners applicable at the relevant time. However, in any case, the Buyer will be notified of a change in delivery charges before the Buyer places an order.
A delivery charge is a one-off charge per order.
- The precise amount of the delivery charge will be displayed before the Buyer confirms an order. Following confirmation of an order the delivery charge will not be subject to change.
- The Seller undertakes to ensure that the purchased product is delivered as soon as possible, but no later than within the time limit for delivery of the product specified by the Seller.
- The Seller will not be held liable for the failure to comply with the delivery time limits if the products are not delivered or are delivered late to the Buyer through the fault of the Buyer or due to circumstances within control of the Buyer.
- Upon receipt of delivery of the products, the Buyer must, together with the Seller or its authorised representative, check the condition of the parcel (for damage to the external packaging) and sign the invoice, waybill or other document confirming delivery and acceptance of the parcel. Upon signature of the invoice, waybill or other document confirming delivery and acceptance of the parcel by the Buyer the parcel is deemed to have been delivered in good condition.
- Should the Buyer notice that the packaging of the delivered parcel is damaged (crumpled, torn, wet or otherwise externally damaged), the Buyer must note so on the invoice, waybill or other document evidencing delivery and acceptance of the parcel and, in the presence of the Seller or its representative, draw up a free form certificate of damage to the parcel. If the Buyer does not take the actions described above, the Seller will not be held liable for damage to the products unless such damage has resulted from defects in manufacturing, non-conformity of the complete set of products, where such non-conformity can be identified by visual inspection of the external appearance of the products.
- If following acceptance of a parcel the Buyer discovers non-conformity of the products, defects in manufacturing or other defects in the products, the Buyer will promptly (no later than within 24 hours from receipt of the parcel) notify the Seller accordingly. If the defective product claim is confirmed and the Buyer has returned the defective products, the Seller will no later than within 14 (fourteen) days refund the amount paid for the product and the costs of return. In any event, this will not be to the prejudice of the rights that the Buyer has under law in respect of a defective product.
- If non-conformity is discovered by the Buyer who has picked up a parcel from LP Express, DPD or Omniva parcel lockers, s/he must promptly notify shop of such non-conformity (for contact details, see Section 9 of the Conditions).
- The characteristics of all products offered for sale are indicated in the product details provided next to each product. The Seller is not responsible for any discrepancies in the colour, shape or other parameters of the products displayed in the online shop Cremedelacreme.shop as compared to the actual size, shape and colour of the products that may depend on the features of the monitor used by the Buyer.
- If the Buyer (consumer) withdraws from the purchase and sale contract (i.e. exercises the right to return a non-defective product within 14 days), all the amounts paid by the Buyer (the price of the product and delivery costs paid by the Buyer) will be refunded to the Buyer. However, in accordance with Article 6.22811(3) of the Civil Code of the Republic of Lithuania, the Seller is not obligated to refund the consumer for additional costs incurred due to the consumer’s explicit choice of a method of delivery other than the cheapest conventional method of delivery offered by the business undertaking. Accordingly, if you have selected a method of delivery other than the least expensive type of delivery specified in the Conditions that is available for the delivery of products distributed by us in your country, in case you return a non-defective product, you will not be refunded for any additional costs incurred as a result of your choice of a method of delivery other than the offered least expensive type of delivery.
- Returns of Products
- Non-defective products purchased by the Buyer (consumer) may be returned within 14 days of the date of receipt of the products. Removal of defects in the defective products, replacement and returns of defective products is governed by the Civil Code of the Republic of Lithuania and other applicable legal acts (if you are a consumer, you can rely on the mandatory provisions of consumer protection legislation applicable in your country).
- Returns of products are subject to the following conditions:
- The product returned must be in the original undamaged packaging (this provision does not apply in respect of returns of defective products).
- The product must be not damaged by the Buyer.
- The product must be unused and remain in a resalable condition (this provision does not apply in respect of returns of defective products). The Buyer may not exercise its right to return a non-defective product if the protective cellophane film (cellophane outer packaging), protective sticker or other similar security feature preventing from opening a bottle, flacon, jar or other container of the product and/or use of the product has been torn off, removed or damaged.
- A non-defective product being returned (within 14 days) must be returned as a complete set as received by the Buyer (this provision does not apply in respect of returns of defective products).
- The product returned must be accompanied by the document of purchase, warranty card (if any) and a completed return form.
- The Seller is entitled to refuse to accept the return of products from the Buyer if the product return conditions have not been fulfilled.
- In the case of return of non-defective products, the Buyer is required to cover the cost of return of such products. The Buyer is entitled to return non-defective products using one of the methods determined by the Seller in these Conditions within 14 (fourteen) days of the date of receipt of the products (this provision does not apply in respect of defective products, in which case the products must be returned within the statutory warranty period).
* Return charges are subject to change depending on the offers of partners applicable at the respective time. However, in any case, the Buyer will be notified of a change in return charges before the Buyer places an order.
If the Buyer returns a non-defective product, the return costs will be deducted from the amount refundable by the Seller to the Buyer.
- The Buyer will be entitled to free return of defective products, in which case the return costs will be borne by the Seller.
- Return and replacement of non-defective products is governed by Article 6.22810of the Civil Code of the Republic of Lithuania.
- The Seller will not be responsible for the failure to transfer or late transfer of the amount of refund for the products returned if the Buyer has provided erroneous details required for the refund.
- Exchange of Information
- The Seller will provide the Buyer with information and, if necessary, otherwise communicate with the Buyer using the e-mail address provided in the Buyer’s registration form, and the Buyer may use all channels of communication specified in the CONTACT US section of the Cremedelacreme.shop website (link: https://cremedelacreme.shop/kontaktai/).
- The Buyer is fully responsible for the correctness of data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller will not be liable for the resulting consequences and will become entitled to claim compensation for direct damages from the Buyer.
- The Buyer is fully responsible for actions taken after logging in to the online shop shop.
- The Buyer is responsible for the security of its registration data. If the registration data is used by a third party, such third party will be deemed to be the Buyer.
- The Seller will be released from any liability in all cases where damages are due to the failure by the Buyer, regardless of the Seller’s recommendations and the Buyer’s obligations, to read these Conditions (although the Buyer was able to do so).
- In the event of damage, the party at fault will compensate the other party for damages following the procedure and in accordance with the grounds set forth by the legislation of the Republic of Lithuania.
- Neither party will be held liable for the failure to fulfil, either in whole or in part, its obligations under these Conditions if it can prove that such failure is attributable to circumstances that were beyond its control and could not have been reasonably foreseen by it at the time when the contract was formed and that it could not prevent such circumstances or their consequences. For the purposes of these Conditions, force majeure circumstances have the meaning as defined in Article 6.212 of the Civil Code of the Republic of Lithuania and the Rules for Exemption from Liability in the Event of Force Majeure. In the event of force majeure, the party claiming exemption from liability must, as promptly as possible, notify the other party to that effect in writing. If force majeure circumstances persist for a period of more than 3 (three) months, the contract may be terminated by either party by giving prior written notice thereof to the other party.
- Final Provisions
- The Seller reserves the right to suspend, supplement and amend these Conditions and other documents related to the Conditions from time to time at its sole discretion. Any additions or amendments to the Conditions will be effective as of the date on which they are posted on the website.
- If the Buyer does not accept the revised version of the Conditions, additions or amendments to the Conditions, the Buyer may reject these Conditions, in which case the Buyer will no longer be eligible to purchase products from shop. In respect of Buyer’s orders placed before the revision of the Conditions, the version of the Conditions that was effective at the time when the order was placed will apply.
- These Conditions have been prepared in accordance with the legislation of the Republic of Lithuania.
- Any relationship arising under these Conditions is governed by the law of the Republic of Lithuania. Any controversy arising from the fulfilment of these Conditions will be resolved by way of negotiation. Failing that, disputes will be resolved as specified by the laws of the Republic of Lithuania. If you are a consumer, you can rely on the mandatory provisions of legislation applicable in your country.
- You can file an application/complaint regarding the purchased product with the Lithuanian State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail: email@example.com, tel. 852626751, website: www.vvtat.lt, its territorial divisions serving respective counties – http://vvtat.lt/struktura-ir-kontaktai/kontaktai/593), or the consumer protection authority in Latvia or, respectively, Estonia, or you can complete a request form by going to the ODR platform at http://ec.europa.eu/odr/; however, in accordance with the applicable legislation, you should first apply to us regarding this matter.
These Conditions were prepared on 3rd of April 2020.