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1. General provisions

• The Seller is a legal entity UAB Komercija Verslui, whose goods are sold on the website https://themood.lt in accordance with these Terms and Conditions and who is responsible for the execution of the order placed by the Buyer.
• Buyer – 1) a natural person with legal capacity, i.e. a person who has reached the age of majority and whose legal capacity has not been restricted by a court order; 2) a minor aged between fourteen and eighteen who has the consent of his/her parents or guardians, unless he/she has been emancipated; 3) a legal entity.
• These Terms and Conditions of Sale and Purchase of Goods (hereinafter referred to as the “Terms and Conditions”) shall be a binding legal document setting out the rights and obligations of the Buyer and the Seller, the conditions for the purchase, payment and return of Goods, and any other provisions relating to the purchase and sale of Goods on the Internet site https://themood.lt (hereinafter referred to as the “E-Shop”).
• Before placing an order, the Buyer confirms that he/she has read, understood and agrees to the terms and conditions for the purchase of goods described herein.
• The Seller shall have the right to change, amend or supplement the Terms and Conditions at any time in accordance with the requirements of the legislation of the Republic of Lithuania.
• The Buyer will be informed of any changes to the Terms and Conditions by logging into the Online Shop.

2. Moment of conclusion of the Contract

• The Rules shall apply to the relationship between the Buyer and the Seller from the moment when:
• the Buyer places an order on the E-shop. The Buyer places an order in the Shop, provides the data necessary for the conclusion of the Contract, the delivery of the order, and clicks on the “Buy” link.
• The Buyer purchases by telephone and provides the Seller with the necessary data for the conclusion of the Contract, the formation of the Order and delivery.
• The Buyer shall submit the Order and the documents necessary to conclude a contract for the consumer credit service provided by the leasing companies.

3. Rights and obligations of the buyer

• The Buyer has the right to purchase goods in the E-Shop in accordance with the Terms and Conditions of Sale and other information sections of the E-Shop.
• The Buyer has the right to cancel the order by notifying the Seller by email to [email protected]
• The Buyer undertakes to accept the goods ordered and to pay the price stipulated in the contract of sale for them.
• The Buyer must specify the reason for the return of the goods at [email protected].
• The Buyer (natural person) may order alcoholic beverages, as defined in the Law on Alcohol Control of the Republic of Lithuania, only if he/she is at least 20 (twenty) years old, sober and confirms this in the manner prescribed by the Seller in the e-shop system.
• Legal entities may order and purchase alcoholic beverages only for representation and other purposes permitted by law. By ordering alcoholic beverages in the e-shop, the Buyer (legal entity) confirms that the purchase of alcoholic beverages is for representational purposes or for other purposes permitted by law and that there are no restrictions on the Buyer’s purchase of alcoholic beverages as set out in Article 17(6) and (7) of the Law of the Republic of Lithuania on Alcohol Control.
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• You can only return an item if it has not been damaged, used or substantially altered in appearance.
• If the Buyer wishes to return the product to the Seller, the Buyer must return the product in its complete condition. If not all parts of the complete set meet the requirements set out in Clause 3.7 of the Rules, the Seller shall be entitled not to accept the returned goods.
• If the Buyer’s details on the registration form change, the Buyer must update them as soon as possible.
• The Buyer accepts the Terms and Conditions before placing the order and undertakes to comply with them and not to violate the legislation of the Republic of Lithuania.

4. Seller’s rights and obligations

• The Seller undertakes to comply with these Terms and Conditions and the terms and conditions of the E-shop. The Seller shall be obliged to provide the Buyer with access to the services of the E-shop under the terms and conditions set out in the E-shop.
• The Seller undertakes to respect the Buyer’s right to privacy with regard to personal information belonging to him. You can read more about this in the Privacy Policy.
• The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by the Buyer.
• If the Seller is unable to deliver the goods ordered due to important circumstances, the Seller undertakes to offer an analogous or, as far as possible, similar product. If the Buyer refuses to accept an analogous or most similar product, the Seller undertakes to refund the Buyer within 14 (fourteen) working days, provided that prepayment has been made.
• The Seller shall have the right, at its sole discretion, to set a minimum Order size, i.e. a minimum amount above which the free delivery of the Buyer’s Order will be made. This amount shall be specified in the Seller’s delivery conditions.
• If the Buyer attempts to undermine the stability and security of the operation of the E-Shop or breaches his/her obligations, the Seller shall be entitled to restrict or suspend his/her access to the E-Shop immediately and without notice.
• At the time of placing an order for goods – the Seller shall contact the Buyer using the contact details provided by the Buyer in the event of any uncertainty regarding the information provided in the order. The Seller shall have the right to cancel the Buyer’s order without prior notice if the Seller is unable to contact the Buyer within 3 (three) working days.
• In the event of any uncertainty regarding the details of an order, the Seller shall be entitled to contact the Customer at the contact details provided. The Seller shall have the right to cancel an order without prior notice to the Customer if the Customer fails to contact the Seller within three (3) working days and to provide the required information.
• The Seller shall have the right to cancel the order if there are range problems or website errors that prevent the original order from being fulfilled, or to offer to modify the order in a way that is mutually acceptable to both parties. The Seller must, by email and/or telephone call, inform the Buyer before cancellation and refund the money if the order is not fulfilled. The Seller is not responsible for, and has no control over, the timing of the refund to the Buyer’s bank or credit card provider.

5. Procedure for payment of goods

• You can pay for goods purchased in our e-shop in the following ways:
• Cash (pay upon delivery or in the physical store).
• Bank transfer.
• Electronic banking.
• Hire purchase (only for items with a leasing option in the description).
• For details of payment methods, please refer to the “Delivery and Payment” section of the website https://themood.lt.
• The price of the goods may not change after the Seller has confirmed the order, unless the price of the goods has changed due to technical errors in the information systems or for other reasons beyond the Seller’s control. If the Buyer does not agree to purchase the Goods at the new price in such a situation, the Buyer shall have the right to cancel the order by informing the Seller thereof. If this is done, the Buyer shall be refunded the amount paid.

6. Delivery and collection

• When ordering Goods, the Buyer may choose the method of delivery of the Goods, i.e. to use the delivery service provided by the Seller’s authorised representative or to collect the Goods from the Seller’s physical stores.
• The Buyer undertakes to specify the exact place of delivery of the Goods at the time of ordering by selecting the delivery service.
• The Buyer undertakes to collect the Goods himself or to designate a person to collect the Goods at the time of placing the Order. In the event that the Buyer (or another person specified) is unable to take delivery of the Goods and the Goods have been delivered to the address specified and on the basis of the other data provided by the Buyer, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the Goods to the incorrect person.
• The goods shall be delivered by the Seller or its authorised representative.
• Alcoholic beverages may be ordered in the e-shop on a daily basis, but delivery is only available no earlier than 10 a.m. and no later than 8 p.m. on Mondays to Saturdays and no earlier than 10 a.m. and no later than 3 p.m. on Sundays.
• Delivery is free of charge for a basket amount of more than €49.
• If the amount of free delivery is not reached, the delivery rates indicated in the “Delivery and payment” section of the e-shop apply
• Additional conditions apply for delivery to the Curonian Spit region.
• When collecting the Goods from the Seller’s physical stores, the Goods must be collected by the Buyer or another person specified at the time of placing the Order, after the Seller confirms that the Order is ready.
• In all cases, the Seller shall be exempt from liability for breach of the time limits for delivery of the Goods if the Goods are not delivered to the Buyer or are not delivered on time due to the Buyer’s fault or due to circumstances beyond the Buyer’s control or due to the failure of an authorised representative.
• At the time of delivery of the goods, the Buyer shall inspect the condition of the goods received and sign the handover document together with the Seller or the person authorised by the Seller to deliver the parcel. If the Buyer notices any damage to the packaging or the goods, or any manufacturing defect or non-conformity of the delivery, the Buyer must immediately inform the Seller.

7. Guarantee of the quality of the goods, shelf life

• The characteristics of the goods sold in the online shop https://themood.lt are indicated in general terms in the description attached to each product.
• The Seller shall not be liable for the fact that the colour, shape or any other parameter of the goods in the Online Shop may not correspond to the actual size, shape and colour of the goods due to the characteristics of the device used by the Buyer.
• The Seller’s guarantee of quality does not limit or restrict the rights of consumers under the law in the event of the purchase of goods or services of inadequate quality.
• The Seller does not provide after-sales service for the goods, referring the Buyer to the centre providing after-sales service on a case-by-case basis.
• In cases where the law prescribes a certain period of fitness for use in respect of particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer has a realistic opportunity to make use of such goods before the expiry of the period of fitness for use.

8. Returning and exchanging goods

• The defects of the sold goods shall be eliminated, defective goods shall be replaced and returned in accordance with the provisions of the Civil Code of the Republic of Lithuania (hereinafter – the Civil Code), the Retail Trade Rules approved by the Government of the Republic of Lithuania by the Government Resolution No. 738 of 22 July 2014, and the provisions of these Rules.
• In order to return an item, a return request must be made to [email protected].
• Only non-food items will be returned, except in cases where the delivered food items are of poor quality or unfit for consumption.
• The following conditions must be complied with when returning the goods to the Buyer:
• The goods must not have been damaged by the Buyer.
• The goods must not have been used and must not have lost their merchantable appearance (labels intact, protective film not torn off, etc.) (this point does not apply in the case of a return of low-quality goods).
• The returned goods must be in the same condition as when received by the Buyer;
• when returning the goods, the proof of purchase and a request for return must be submitted to [email protected].
• The Buyer wishing to return the Goods to the Seller must return the Goods in accordance with the requirements set out in Clause 8.4. of the Regulations. Otherwise, the Seller has the right not to accept the returned goods.

9. Responsibility

• The Buyer is fully responsible for the correctness of the personal data he/she provides. If the Buyer fails to provide accurate personal data, the Seller shall not be liable for the consequences arising therefrom and shall be entitled to claim direct damages from the Buyer.
• The Buyer shall be liable for the actions carried out through the use of the Online Shop.
• The Seller shall be exempt from any liability in cases where the loss is caused by the Buyer’s failure to read these Terms and Conditions, despite having been given the opportunity to do so, without taking into account the Seller’s recommendations and his obligations.
• The Seller shall not be liable for the proper performance of the obligations between the Buyer and the Seller’s partners whose services the Buyer orders.
• In the event of pecuniary damage, the party at fault shall indemnify the other party against direct damages.

10. Final provisions

• These Rules are drawn up in accordance with the legislation of the Republic of Lithuania.
• The law of the Republic of Lithuania shall apply to relations arising under these Rules.
• Any disagreements arising out of the application of these Terms and Conditions shall be settled by negotiation. In the event of failure to reach an agreement within twenty calendar days, disputes shall be settled in accordance with the procedure laid down by the laws of the Republic of Lithuania.

Komercija Verslui UAB
Company code: 304379351
VAT payer code: LT100010614712
Tel. +370 690 44488
E-mail: [email protected]