Rules for buying and selling goods in an online e-shop
1. General provisions
1.1. These Terms and Conditions of Sale and Purchase of Goods (hereinafter referred to as the "Terms and Conditions") set out the general terms and conditions for the use of the Krims.lt online shop (hereinafter referred to as the "Krims Shop"). The Rules shall apply when the Customer selects, orders and purchases goods offered in the Krims Shop or otherwise uses the services provided by the Krims Shop.
1.2. the Krims Shop is an online catering shop aimed at consumers who purchase meals and/or other food or related products produced by Krims for their own or their family's personal, non-business-related needs.
1.3.The sale of goods in the Krims shop is organised, conducted and related services are provided to the Buyer by UAB "Vadeiva", legal entity code 300570003, registered office address: 253 Savanorių pr., LT-02301Vilnius, Republic of Lithuania, VAT payer code LT100004862117, (hereinafter referred to as the "Vendor"). The Krims shop sells goods owned by the Seller.
1.4. For the purposes of these Terms and Conditions, a Customer is any person who purchases from the Krims Shop or uses other services of the Krims Shop (hereinafter referred to as "Customer"). The right to use and purchase from the Krims Shop shall be vested in (a) natural persons of legal capacity, i.e. persons who have reached the age of majority and whose legal capacity has not been restricted by a court of law, and (b) legal persons acting through authorised representatives.
1.5. By registering or placing an order, the Customer unconditionally confirms that he/she has the right to make purchases in the Krims Shop.
1.6. Together with the Buyer's order, these Terms and Conditions shall become a contract between the Buyer and the Seller and shall constitute a binding legal document for both parties. The contract shall be deemed to have been concluded when the Buyer forms and submits an order in the Krims Shop, makes payment in accordance with the procedure and within the time limits set out in the Terms and Conditions, and the Seller sends a confirmation of the acceptance of the Buyer's order to the e-mail address indicated by the Buyer.
1.7. The Buyer shall not be given the opportunity to place an order for goods in the Krims Shop if he/she is not familiar with the Terms and Conditions and/or does not agree with them. In cases where the Buyer does not agree with the Terms and Conditions or any part thereof, the Buyer should not place an order in the Krims Shop. If the Customer orders goods in the Krims Shop, the Customer shall be deemed to have read and unconditionally accepted the Terms and Conditions.
1.8. The Seller reserves the right to change, amend or supplement the Terms and Conditions. The Terms and Conditions in force at the time of placing an order shall apply to the Buyer's purchases in the Krims Shop, and the Buyer is therefore advised to familiarise himself with the Terms and Conditions at the time of each purchase.
1.9. The Seller accepts no risk or liability and is unconditionally relieved of any such risk or liability in the event that the Buyer fails to read the Terms and Conditions in whole or in part, despite having been given the opportunity to do so.
1.10. The Seller shall have the right to restrict the Buyer's use of the Krims Shop without notice if the Buyer uses the Krims Shop in violation of these Terms and Conditions, attempts to interfere with the stability and/or security of the Krims Shop's ordering, operation and/or security.
1.11. The Seller may temporarily or permanently discontinue the operation of the Krims Shop without prior notice to the Buyer. In the event of force majeure, the Seller shall be entitled to suspend the performance of the contract until the force majeure has ceased by notifying the Buyer of the suspension of the order. If the Buyer is no longer interested in the subsequent performance of the Contract, then the Buyer has the right to withdraw from the Contract by notifying the Seller. In the event of the Seller's suspension of its activities, but the possibility of fulfilling confirmed orders, all rights and obligations provided for in these Terms and Conditions or in the applicable legislation in relation to orders already fulfilled or in progress shall remain in force.
2. Placing an order and processing personal data
2.1. In order to use the Krims Shop and purchase the goods offered therein, the Buyer must provide the following personal data of the Buyer in the Krims Shop system: name, surname, e-mail address (which will be used for order confirmation and information related to the collection of the order), telephone number, other data necessary for the delivery of goods. The authorised representative of a legal entity shall provide the name of the legal entity instead of the name and surname.
2.2. It is the responsibility of the Buyer to ensure that the data provided is accurate, correct and complete. In no event shall the Seller be liable for damages caused to the Buyer and/or third parties due to the Buyer's provision of incorrect and/or incomplete personal data. Once an order has been placed (paid for), it cannot be cancelled and no refund will be given.
2.3. The Buyer's personal data will be processed in accordance with the Privacy Policy. If the Buyer uses the services of the Krims Shop, the Buyer shall be deemed to have consented to the processing of the Buyer's personal data and to have confirmed that all information and personal data provided is true and correct.
2.4. The Buyer's personal data will be used to identify the Buyer, to determine whether the Buyer and the person to whom the goods are being delivered are of legal age (in the cases provided for by the laws of the Republic of Lithuania), to carry out the sale and delivery of the goods, to issue accounting documents, to refund any overpayments and/or refunds for the returned goods, to administer any arrears, to perform other obligations arising from the sale and purchase agreement, and to ensure the Buyer's ability to access the other services provided by the Krim shop.
2.5. The Buyer's personal data will only be processed for direct marketing purposes with the Buyer's consent. The Buyer's consent shall be expressed by completing the registration form and by ticking the appropriate boxes in the form in accordance with the procedure set out in these Terms and Conditions.
3. Prices, payment arrangements and terms
3.1. The prices of the goods in the Krims Shop and in the order form are quoted in Euros including VAT. The goods shall be sold to the Buyer at the prices in force in the Krims shop at the time of placing the order.
3.2. The Buyer shall pay for the Goods using the services of the Partner. The Customer does not leave payment details in the Krims Shop system, as the Customer is redirected to a secure server of a certified service provider for the payment transaction. From this server, only partial information about the status of the payment is returned to the Krims Shop system.
3.3. The Buyer undertakes to pay for the ordered goods immediately. Only after the Seller has received from the payment system operator of its choice the appropriate confirmation of the Buyer's payment for the goods and their delivery/transportation, shall the execution of the order commence.
3.4. The Buyer may choose the time of order pick-up from the approximate times available in the Krims Shop.
3.5. The VAT invoice shall be issued by the Seller and provided to the Buyer by the Buyer's e-mail address specified in the Buyer's Registration Form immediately after the payment of the order.
4. Pick-up and collection of goods
4.1. The Customer shall collect the ordered goods from the Krims fast food restaurant of his/her choice at the time of order. If the Buyer makes a mistake and orders the goods at another restaurant, the Seller shall not be able to transfer the order to another restaurant or cancel the order.
4.2. The Customer shall order and collect the Goods from the Krims fast food restaurant of his choice at the time selected at the time of placing his order. In the event of a large number of orders, the Seller may, at its sole discretion, extend the pick-up time within reasonable limits. The food is stored for 2 hours after it has been produced. After 2 hours, the food must be disposed of.
4.3. If requested, a one-off fixed packing fee applies for the service of packing goods in paper takeaway bags.
4.4. If the Buyer has not received all of the goods ordered by him/her, he/she may, at his/her option, collect the missing goods at any Krims outlet or the money for the goods paid for by the Buyer, but not delivered by the Seller, shall be paid to the Buyer's account within 5 (five) working days, during the state of emergency in the Republic of Lithuania the refund of the money may take up to 14 (fourteen) working days.
4.5. In cases where the Buyer notices at the time of acceptance of the goods that the packaging does not contain the correct quantity of goods or the goods delivered do not correspond to the goods ordered by the Buyer, and this is not stated in the invoice, the accompanying delivery note or any other handover and acceptance document, the Buyer must immediately (at the time of collection of the goods) inform the Seller of this fact.
5. Guarantee of the quality of the goods and the period of fitness for use
5.1. The Seller shall not be liable for the fact that the colour, shape or other parameters of the goods in the Krims online shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the display (monitor) used by the Customer or for any other technical reasons, as well as taking into account the reasonably possible discrepancies in appearance. The photographs of the dishes in the Krims online shop are for illustrative purposes only and may, within reasonable limits, differ from the actual dish.
5.2. The Seller confirms that it is responsible for the sale of the goods ordered in the Krims online shop and for the proper delivery of the purchased goods, the quality of the goods, and the exercise of the Seller's other rights and obligations under the law.
5.3. In the event that the Seller does not guarantee the quality of certain types of goods, the warranty provided for in the relevant legislation shall apply.
6. Lodging complaints about the goods
6.1. If the Buyer is not satisfied with the quality of the perishable goods delivered, and such goods are considered to be food and beverages with a short shelf life, including those products that must be refrigerated in accordance with the manufacturer's temperature regime, the Buyer must contact the Seller no later than within 48 hours of the date of delivery of the goods on the website www.krims.lt, in the "Feedback" section. When submitting a complaint regarding faulty goods, the Buyer must also submit a photo of the faulty goods received, the order number and proof of payment (invoice received by e-mail).
6.2. If the Buyer applies later than the specified time limit and/or fails to provide a photograph of the item, the Seller shall not be obliged to resolve the Buyer's complaint in the Buyer's favour.
7. Final provisions
7.1. These Terms and Conditions are made in accordance with the legislation of the Republic of Lithuania.
7.2. The law of the Republic of Lithuania shall apply to relations arising under these Terms and Conditions.
7.3. In the event of damage, the guilty party shall indemnify the other party for direct losses in accordance with the procedure and on the grounds established by the laws of the Republic of Lithuania.
7.4. All disputes arising out of the application of these Terms and Conditions shall be settled by negotiation. In the event of failure to reach an agreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.
7.5. Each User shall have the possibility to settle disputes with the Sender electronically without going to court. The Consumer shall first contact the Seller in writing and within 14 days from the receipt of the claim, if the Seller fails to respond to the Consumer's claim or fails to satisfy the Consumer's claim, the Consumer may apply to the out-of-court consumer disputes body, i.e., the State Consumer Rights Protection Service (Vilniaus g.25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. 852626751, website www.vvtat.lt), or to its territorial units in the counties or by filling in the application form on the EGS platform http://ec.europa.eu/ods/.)
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