Purchase rules

Purchase and sale rules

1. Terms

1.1.Seller— UAB “Uoga uoga”, company code 302642608, VAT number LT100006547014, registered office address Riteriu 4, LT-08248 Vilnius, Lithuania.

1.2.Uogauoga.com— e-store, internet address: www.uogauoga.com.

1.3.Buyer— 1) a person who has reached the age of maturity, whose capacity is not limited by court procedure; 2) a minor from sixteen to eighteen years of age, who has the consent of parents or caregivers, except cases when he/she is emancipated; 3) legal entity; 4) duly authorized representatives of all of the above persons.

1.4.Parties— Buyer and Seller together.

Personal data - any information relating to a natural person - data subject, whose identity is known or may be directly or indirectly identified using such data as a personal code, one or more physical, physiological, psychological, economic, cultural or social features, specific to that person.

1.6.Rules— these “Rules of purchase and sale of goods in the uogauoga.com e-shop”.

1.7.Account— the result of the Buyer's registration at uogauoga.com, which creates an account that saves his/her personal data and order history.

1.8.Privacy policy— a document approved by the Seller, which provides basic rules for collecting, storing, processing and storing Personal data.

2. General provisions

2.1. Buyer confirms his/her familiarization and agreeing to the Rules by ticking the tick next to the statement “I have familiarized with and agree to the Terms”. The Rules approved in such a way become a mandatory legal document for the Parties, which establishes the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for them, the delivery and return procedure of the goods, the responsibility of the parties and others with the purchase-sale of the goods at uogauoga.com associated conditions. These rules are sent in the pdf. form to the Buyer's e-mail together with the order confirmation letter.

2.2. Buying from uogauoga.com is entitled only to Buyers as defined in clause 1.3 of the Rules. By approving the Rules and having read the Privacy policy (Clause 2.4 of the Rules), the Buyer confirms that he/she has the right to purchase the goods in uogauoga.com.

2.3. In case of necessity or circumstances provided for in the legislation of the Republic of Lithuania, the Seller has the right to amend, change or supplement the Rules. Buyers will be informed about this by logging in to uogauoga.com or when buying the goods for the first time at uogauoga.com after the entry into force of the new version of the Rules. The new version of the Rules enters into force after its publication in uogauoga.com.

2.4. The Buyer must familiarize himself/herself with the Privacy policy approved and publicly announced by the Seller. The Buyer expresses the consent or disagreement with specific methods of use of the Buyer's Personal Data in accordance with the procedure provided for in the Privacy policy itself.

2.5. When filling out the order in uogauoga.com, the Buyer must enter his/her name, surname, address of the place of residence, phone, e-mail address. The Seller shall ensure that this data will be used only for the purposes of purchasing and direct marketing of the goods, if the Buyer has given consent to this.

2.6. By agreeing to these Rules, the Buyer agrees that the information messages necessary to fulfill the order, payment, delivery of the goods and to receive the information about quality of the goods will be sent to the e-mail address specified by him/her.

2.7. The Seller undertakes not to disclose the Buyer's personal data to third parties, except for the Seller's partners, who provide delivery of goods or other services related to the proper execution of the Buyer's order. In all other cases, the Buyer's personal data may be disclosed to third parties only in accordance with the procedure provided for by the legal acts of the Republic of Lithuania.

2.8. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, in all cases the Buyer shall be responsible for providing an existing e-mail address that belongs to the Buyer.

3. Order of goods, moment of establishment of legal relationship between purchase/sale

3.1. The buyer can order the goods on uogauoga.com, choosing one of the following ways:

3.1.1. online registering in uogauoga.com (entering your registration name, e-mail and password);

3.1.2. online without registering in uogauoga.com.

3.2. The Buyer, ordering the goods in one of the manners, specified in clauses 3.1.1 to 3.1.2 of the Rules, must indicate in the relevant information fields provided by the Seller, his/her Personal data required by the Privacy policy for the proper fulfillment of the order of goods.

3.3. When the Buyer, having selected the purchased product or service and formed the shopping cart, fulfills all the steps of the order, the last of which is the choice and confirmation of the payment method, it is considered that a legal relationship between the Buyer and Seller and a Purchase and sale agreement has been concluded between the Parties. The Seller sends the Buyer a confirmation of the order to the e-mail address specified by the Buyer.

3.4. Each Buyer's order is stored in the uogauoga.com database.

4. Buyer's rights

4.1. The Buyer has the right to purchase goods and order services in uogauoga.com in accordance with these Rules.

4.2. The Buyer has the right to refuse the order in accordance with these Rules.

4.3. The Buyer has the right to withdraw from the agreement in accordance with these Rules.

4.4. The Buyer has the right to replace or return the purchased goods in accordance with the Rules.

4.5. The Buyer has other rights enshrined in these Rules, Privacy Policy and legislation of the Republic of Lithuania.

5. Obligations of the buyer

5.1. The Buyer, when using uogauoga.com website, must fulfill its obligations, comply with these Rules, Privacy policy, other conditions expressly specified at uogauoga.com, and not violate the laws of the Republic of Lithuania.

5.2. The Buyer is obliged to pay for the ordered goods or services and accept them in accordance with these Rules.

6. Seller's rights

6.1. The Seller has the right to modify, suspend or terminate certain functions of uogauoga.com or some of them, as well as to change the layout of the elements contained in uogauoga.com.

6.2. The seller has the right to suspend or terminate the activities of uogauoga.com. In this case, all accepted and confirmed orders of Buyers are completed and new orders are not accepted.

6.3. The Seller has the right to change the scope or method of provision of services provided by uogauoga.com, to suspend, terminate provision of services or part thereof, to charge services or part of services.

6.4. The Seller shall have the right, without prior notice, to cancel his/her order if the Buyer, having chosen the payment methods provided for in clauses 8.2.1 or 8.2.3 of the Rules, fails to pay for the goods within 3 (three) business days.

6.5. The Seller has other rights enshrined in these Rules, Privacy policy, other documents of uogauoga.com and legal acts of the Republic of Lithuania.

7. The obligations of the Seller

7.1. The Seller undertakes to provide the Buyer with access to the services provided by uogauoga.com, in accordance with the conditions set out in these Rules and other uogauoga.com documents.

7.2. The Seller undertakes to provide the Buyer with information as provided for in Article 6.2287 of the Civil Code of the Republic of Lithuania in a clear and understandable manner.

7.3. The Seller undertakes to respect the Buyer's privacy, to process the Buyer's Personal Data only in accordance with the Rules, Privacy Policy and legal acts of the Republic of Lithuania.

7.4. Before placing the order, to inform the Buyer about the suspension or termination of the functions of uogauoga.com which are significant for the execution of the order, as well as the changes specified in clauses 6.2 to 6.3 of the Rules. Presentation of information on uogauoga.com is considered appropriate information.

7.5. Under the conditions stipulated by the Rules, the Seller undertakes to submit the goods ordered by the Buyer and to accept the goods returned.

7.6. If the Seller is unable to deliver the ordered goods to the Buyer due to important circumstances, he/she undertakes to offer the Buyer a similar product or as much as possible similar in its characteristics. If the Buyer refuses to accept a product that was offered as analogous or similar, the Seller undertakes to return the money paid to the Buyer at once, if the prepayment was made, and in all cases cancel the order.

7.7. The Seller, disagreeing with the requirements of the Buyer, must provide the consumer with a detailed reasoned written reply within 10 (ten) calendar days from the date of receipt of the Buyer's request, unless the legislation of the Republic of Lithuania and the European Union provides otherwise.

7.8. The Seller undertakes to perform other duties imposed on the Seller in the Rules, Privacy policy and the legislation of the Republic of Lithuania.

8. Goods prices, payment procedure and terms

8.1. Prices of goods in the order formed by uogauoga.com are indicated in euros, including the amount of VAT in force at that time in accordance with the legislation.

8.2. The Buyer can pay for the ordered goods in one of the following ways:

8.2.1. using electronic banking;

8.2.2. using internet payment platforms;

8.2.3. by bank transfer.

8.3. When the Seller receives payment for the goods, the order of the goods is confirmed and the delivery term of the goods begins to be calculated.

8.4. By approving the Rules, the Buyer agrees that the documents for the purchase of goods — VAT invoices — would be submitted to him/her electronically to the e-mail address indicated in the Buyer's registration form immediately after the order payment confirmation. VAT invoices shall indicate the selected goods, their quantity, discounts granted, the final price of the goods, including all taxes, and other data required for the approval of accounting legislation.

8.5. The price of the goods after the Seller has confirmed the order may not change, except when the price of the product has changed due to technical error of information systems or other objective reasons beyond the Seller's control. If in this case the Buyer does not agree to purchase the product at a new price, the Buyer may refuse the order by informing the Seller within 2 (two) business days. After canceling the order in accordance with the procedure provided for in this clause, all the amounts paid by the Buyer shall be refunded

9. Delivery of goods

9.1. When ordering the goods, the Buyer can choose one of two ways of receiving the goods: by registered mail or by courier. Delivery conditions and prices are available at www.uogauoga.com in "Shipping" section.

9.2. The Seller reserves the right to change the delivery fee and the purchase amount from which the delivery is free.

9.3. The Buyer undertakes to indicate the exact place of delivery of the goods.

9.4. The Buyer undertakes to accept the goods himself/herself or accept the goods through another specific person who is specified as the Recipient of the parcel.

9.5. The goods may be delivered by the Seller himself/herself or by his/her authorized representative.

9.6. The Seller undertakes to make every effort to ensure that the purchased product is delivered as soon as possible.

9.7. Upon receipt of the goods, the Buyer shall, together with the Seller or his/her authorized representative, check the condition of the shipment and the product (s) and sign an invoice, bill of lading or other document of transfer and acceptance of the shipment. When the Buyer signs an invoice, bill of lading or other transfer and acceptance document for the consignment, it shall be deemed to have been handed over in proper condition, and violations of the goods, the basis of which is not a factory defect, and inconsistencies in the composition of the goods (s), such as improper set of parts/products, (when that can be detected when examining the outside of the goods) is not present. If the Buyer notices that the package of the presented shipment is damaged (crumpled, wet or otherwise externally damaged), the product (s) is damaged and/or the item (s) is/are inappropriate, the Buyer must mark it on the invoice, delivery note or other transfer and acceptance document and, in the presence of the Seller or his/her representative, draw up a free-form act of damage (non-conformity) of the shipment and/or the goods (s). If the Buyer fails to perform these actions, the Seller shall be exempted from liability against the Buyer for violations of the goods, if the basis for the occurrence of such violations is not factory defect, and due to discrepancies in the composition of the goods, if these discrepancies can be determined by examining the exterior of the goods.

9.8. The Seller presents the goods to the Buyer, following the terms specified in the delivery description. These terms do not apply in cases where the Seller does not have the necessary goods in the warehouse, and the Buyer is informed about the shortage of the goods ordered by him/her. By confirming these Rules, the Buyer agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to contact the Buyer immediately and to reconcile the terms and conditions of delivery of the goods. If additional delivery term cannot be reconciled or the Seller does not deliver the goods within the additional term, the Buyer may withdraw from the Agreement of purchase and sale of goods or services, while the Seller shall return all the payments made by the Buyer at once.

9.9. The Seller shall be exempted from liability for breach of delivery deadlines if the goods are not presented to the Buyer or presented in an untimely manner due to the fault of third parties or due to circumstances that do not depend on the Buyer.

9.10. The risk of accidental loss of the goods or their spoilage passes to the Buyer from the moment when the goods are transferred to the Buyer.

10. Quality guarantee and suitability for use

10.1. The characteristics of each product sold by uogauoga.com are indicated in the product description attached to each product.

10.2. The goods offered by the seller are of appropriate quality, i.e. the characteristics of the goods correspond to the description of the product. The item corresponds to the purchase and sale agreement if:

10.2.1. the product corresponds to the description provided by the Seller and has the same characteristics as the product provided by the Seller as an example by advertising that product at uogauoga.com;

10.2.2. the item is suitable for use for which such goods are normally used;

10.2.3. the product corresponds to the quality indicators that are usually characteristic of the same type of goods and which the Buyer can reasonably expect according to the nature of the product and the statements made publicly by the manufacturer, including advertising and marking of the items for the specific properties of the item.

10.3. The Seller is not responsible for the fact that the goods presented in uogauoga.com may not correspond in their size, shape, color or other parameters to the real size, shape, color or other parameters of the goods due to the features of the display used by the Buyer or other technical reasons. Buyer is recommended to read the description of the product.

10.4. In cases where, in accordance with the legislation, a certain period of suitability for use is established for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that he/she is given a real opportunity to use such goods before the expiration date.

11. Right to withdraw from the Purchase and sale agreement, return and exchange of goods

11.1. Right to withdraw from the Purchase and sale agreement:

11.1.1. The Buyer, without specifying the reason within 14 (fourteen) days from the conclusion of the goods Purchase and sale agreement, has the right to withdraw from such an agreement by notifying the Seller. The Buyer shall not exercise this right by concluding one of the agreements, listed in Article 6.22810 (2) of the Civil Code of the Republic of Lithuania.

11.1.2. The Buyer shall notify the Seller about the withdrawal from the Purchase and sale agreement by submitting a clear statement setting out his/her decision to withdraw from the contract. Notice of refusal of the Purchase and sale agreement shall be sent to [email protected]. Upon receipt of the Buyer's notification, the Seller shall immediately send a confirmation of receipt of the notification.

11.1.3. If the Buyer refused the Purchase and sale agreement before the item has been delivered to him/her, the Seller shall formalize such refusal by the Buyer as a rejection of the order and inform the Buyer accordingly at the e-mail address indicated by him/her.

11.1.4. If the Buyer refused the Purchase and sale agreement after the item has been delivered, the provisions provided for in clause 11.5 of the Rules shall apply.

11.1.5. Money shall be returned to the Buyer within 14 (fourteen) days after the Seller received the statement of the decision to withdraw from the agreement from the Buyer, and if the goods has not yet been returned - this term shall be calculated from the date when the Seller receives the returned goods. Confirming these Rules, the Buyer agrees that money shall be returned into the Buyers bank account except for the cases when the Buyer and the Seller agree otherwise.

11.2. Rules for the exchange and return of goods of proper quality:

11.2.1. The Buyer has the right to replace the goods that do not meet his/her expectations with similar goods of other dimensions, shape, color, pattern or completeness within 14 (fourteen) days from the date of transfer of the goods to him/her. If there is a price difference when changing the goods, the Buyer must pay the Seller according to the recalculated prices. The Buyer's notification of the wish to exercise the right provided for in this clause of the Rules specifying the goods returned shall be sent to the e-mail [email protected]

11.2.2. Upon receipt of the goods, the Seller undertakes to replace them with the same goods in the form, size, color, model or completeness specified by the Buyer. If the Seller does not have a suitable item for replacement, he/she shall return the money paid for the item to the Buyer. Money shall be returned to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification of the wish to exercise this right, and if the Product has not been returned to the Seller by the Buyer, the term provided for in this paragraph shall be calculated from the date of return of the Product to the Seller.

11.2.3. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.

11.2.4. The procedure for the return of goods and money is provided for in clause 11.5 of the Rules.

11.3. Rules for changing and returning goods of poor quality:

11.3.1. Deficiencies of sold goods are eliminated, defective goods are replaced and returned in accordance with the procedure established in the Rules and taking into account the requirements of the legislation of the Republic of Lithuania.

11.3.2. If the Buyer has acquired goods of inappropriate quality and has noted it in the document of transfer/acceptance of the goods or the wrong quality of the goods is manifested by a manufacturing defect that was present at the time of purchase of the goods or non-compliance with the specifications specified by the manufacturer is present, the Buyer may return the goods and may require at his/her choosing:

11.3.2.1. that the Seller would eliminate the defects of the product, if the defects can be eliminated, free of charge within a reasonable period of time;

11.3.2.2. to reduce the purchase price accordingly;

11.3.2.3. to replace the product with an analogous product of proper quality, except when the defects are small or they arose due to the fault of the Buyer;

11.3.2.4. to return the paid price and withdraw from the Purchase and sale agreement when the sale of the goods of poor quality is a material violation of the order.

11.3.3. The Buyer may choose only one of the remedies provided for in clause 11.3.2 of the Rules. The Buyer must make his/her choice by returning the item (except 11.3.2.2. clause). If the Buyer has chosen one of the methods provided for in clause 11.3.2, if the Seller does not have the opportunity to implement it, the Seller shall offer an alternative method provided for in clause 11.3.2. The Buyer does not have the right to change the chosen remedy. The Buyer does not have the right to terminate the Purchase and sale agreement if the defect of the product is a minor one.

11.3.4. In order to return the goods to the buyer, the following conditions must be observed by the Buyer:

11.3.4.1. the Buyer should notify the Seller by e-mail [email protected], the notification must specify the returned goods;

11.3.4.2. the Buyer submits a free form request for return of the item.

11.3.5. The Buyer may exercise the right to return the goods of inadequate quality within 2 years from the date of transfer of the goods to him/her. The Buyer willing to use the rights stated in this clause must notify the Seller about good's nonconformance with the quality not later than within 3 months from detecting the of nonconformance.

11.3.6. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with the procedure for return of the goods specified in the Rules.

11.3.7. The Buyer shall pay for the cost of returning the goods, and the Seller, having convinced that the goods have been returned due to improper quality, shall reimburse the costs incurred by the Buyer. When returning goods, the provisions of clause 11.5 of the Rules are used.

11.3.8. Money shall be returned to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification of the product's poor quality, and if the product has not been returned to the Seller by the Buyer, the term provided for in this paragraph shall be calculated from the date of return of the product to the Seller. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.

11.3.9. Money is not refunded for goods that have been intentionally or negligently damaged (exposure to chemicals, water, open fire, high temperature, sharp objects, etc.), or if the rules on the use or storage of the goods have been violated, or the goods have been misused or used not according to their purpose.

11.4. Replacement and return of goods after delivery of wrong goods:

11.4.1. If wrong goods were delivered to the Buyer, the Buyer must inform the Seller immediately, but not later than within 7 (seven) calendar days, by e-mail [email protected] or by calling +370 656 65 268. The Seller undertakes to pick up such goods at his/her own expense and replace them with suitable goods. In the event that the Seller does not have the ordered goods in stock, he/she shall return the money paid for the item(s) to the Buyer at once.

11.4.2. The procedure for the return of goods and money is provided for in clause 11.5 of the Rules.

11.5. Procedure for the return of goods and money:

11.5.1. The Buyer may exercise the right to return the goods of good quality only if the deadline for the return of the goods has not been missed, the product has not been damaged or substantially changed its appearance, nor has it been used. All returned goods must be either unpacked or if unpacked, be suitable for return according to health protection and hygiene reasons.

11.5.2. All gifts that were presented with the purchased product must be returned at the same time.

11.5.3. When returning the goods, the Buyer must specify his/her sender's address and properly pack the product so that it is not damaged during shipment. The seller will not refund the money for the goods that were damaged at the time of shipment. The Seller shall not be liable for parcels that were shipped incorrectly packaged with an incorrect address, or for the parcels that were lost or damaged during shipment.

11.5.4. If the Buyer has purchased a set of goods at uogauoga.com, he/she must return the full set of goods to the Seller, i.e. The Buyer may exercise the rights provided for the return of the goods only in respect of all the goods in the set. In the event that at least one of the items in the set does not meet the requirements provided for in clause 11.5.1 of the Rules, the Seller has the right to refuse to accept the returned complete set of goods.

11.5.5. The Buyer, having exercised the rights provided for in clauses 11.1.-11.4 of the Rules, must fulfill the requirements of the Rules regarding the return of goods and comply with the procedure provided for in them.

11.5.6. The Buyer may return the Goods by delivery of goods to the shops of the Seller, return them by courier or by mail. The Buyer shall return the goods to the Seller according to the address indicated by the Seller in the confirmation sent to the Buyer on receipt of the notification of the refusal of the contract.

11.5.7. If the Buyer has exercised the rights enshrined in clauses 11.1.-11.4 of the Rules, the money shall be returned in time specified in each particular clause.

11.5.8. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.

11.5.9. After exercising the rights enshrined in clauses 11.1.-11.2 of the Rules, the Buyer shall be reimbursed with the following: the price of the product, the cost of the delivery. After exercising the rights enshrined in clauses 11.3.-11.4 of the Rules, the Buyer shall be reimbursed with the following: the price of the product, the cost of the delivery, the cost of the return shipment.

11.5.11. Delivery costs are not refundable if the Buyer has not chosen the cheapest delivery method, specified by the Seller, published at uogauoga.com in "Shipping" section.

11.5.12. The Seller has the right not to refund the amounts paid to the consumer until the goods have been returned to the Seller and have not been verified for compliance with clause 11.5.1 of the Rules.

12. Responsibility

12.1. The Buyer is responsible for actions performed using uogauoga.com.

12.2. After registration, the Buyer is responsible for storing and/or transferring his/her login data to third parties. If the services provided by uogauoga.com are used by a third person, logging in to uogauoga.com using the Buyer's login data, the Seller considers this person to be the Buyer.

12.3. The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer, regardless of the Seller's recommendations and his/her obligations, did not get acquainted with these Rules, Privacy Policy, although such possibility was granted to him/her.

12.4. If uogauoga.com provides links to other third party websites, the Seller does not guarantee that the information that can be viewed by clicking on these links is correct, complete and accurate. Third parties shall be responsible for the content, correctness, completeness and accuracy of the information provided by third parties. The seller is not obliged to check the external information transmitted or stored, or to detect unlawful acts.

13. Marketing measures applied by the Seller

13.1. The Seller at its discretion may initiate various promotions or games at uogauoga.com.

13.2. The Seller has the right to unilaterally, without separate notice change the conditions of the promotions or games, as well as to cancel them. Any change or revocation of the promotion terms shall become valid from the moment of implementation of the changes (cancellation).

14. Exchange of information

14.1. The Seller shall send all notices to the specified e-mail address at the time of registration of the Buyer or when ordering the goods in accordance with these Rules and Privacy policy.

14.2. The Buyer sends all messages and questions to the Seller using the means of communication specified in the section “Need help?” at uogauoga.com.

15. Final provisions

15.1. These Rules are drawn up in accordance with the legislation of the Republic of Lithuania.

15.2. Relations arising on the basis of these Rules are governed by the law of the Republic of Lithuania.

15.3. Any disagreement arising from the implementation of these Rules shall be resolved by negotiation. Response to the Buyers claim is to be submitted to the Buyer in writing within 14 calendar days. In case of failure to reach agreement within 28 (twenty eight) calendar days, disputes shall be resolved in accordance with the procedure established by the legislation of the Republic of Lithuania.

15.4. The Buyer can send a request and (or) complaint about goods acquired at uogauoga.com to the State Consumer Rights Protection Agency (Vilniaus g. 25, 01402 Vilnius, phone: 852626751, fax. 852791466, e-mail [email protected], on internet page www.vvtat.lt, in its territorial departments) or filling out a request form at Electronic Customer Disagreement Resolution Platform, found at http://ec.europa.eu/odr/ or at Consumer Rights Information System (VTIS).