TERMS AND CONDITIONS

1. General provisions.

1.1. These Rules of Purchase and Sale of Goods (hereinafter – Rules) are a legal document binding on the Parties, which establishes the Buyer’s and Seller’s Private Limited Liability Company “Magmum”, company code 302558156, registration address Respublikos g 27, LT-89225 Mažeikiai, VAT payer code LT100005738719 (hereinafter – Seller) the rights, obligations and responsibilities of the Buyer in purchasing goods and services (hereinafter collectively – the goods) in the magmum.lt e-shop (hereinafter – e-shop).

In order to complete the order submission, the Buyer must read and agree to these Rules, if refused, the completion of the order submission and the ordering of the goods is not possible.

1.2. The Seller reserves the right to change, amend or supplement the Rules at any time, taking into account the requirements established by law. The buyer is informed in e-shop website about changed rules. When the buyer purchases in e-shop the rules in force at the time of placing the order to the shop.

1.3. The right to buy in the e-shop have:

1.3.1. able-bodied natural persons, i.e. persons who have reached the age of majority and whose capacity is not restricted by court order;

1.3.2. minors between the ages of 14 and 18 with the consent of their parents or guardians, unless they are independently in dispose of their income;

1.3.3. able-bodied minors who have reached the age of 16 have been recognized as fully active (emancipated) by court order;

1.3.4. legal entities;

1.3.5. authorized representatives of all the above persons.

1.4. By approving the Rules, the Buyer also confirms that in accordance with Article 1.3. the Buyer has the right to purchase the goods at e-shop.

1.5. The e-shop agreement is considered concluded when the Buyer forms and submits an order for goods in the e-shop, makes a payment (when the Buyer has chosen to pay for the goods at the time of ordering) and the Seller sends a confirmation that the Buyer’s order has been accepted.

2. Processing of personal data.

2.1. To order goods in the e-shop, the buyer can:

2.1.1. when registering in this e-shop – by entering the data requested in the registration;

2.1.2. without registering in this e-shop.

2.2. Buyer when ordering goods by the Rules provided in the Article 2.1., in the relevant information fields provided by the Seller Buyer indicates the Buyer’s personal data necessary for the proper execution of the order: name, surname, delivery address, postal code, telephone number and e-mail address, as well as other information (if the Seller specifies that the relevant information is required when placing the order).

2.3. When registering, the Buyer creates a login password. To reduce the risk of illegal logging in to the e-shop on behalf of the Buyer, it is recommended to create a complex, unpredictable password (it is recommended to consist of at least 8 characters, using uppercase and lowercase letters, punctuation and punctuation, to avoid easily predictable words) and to change it in not less than every 6 (six) months.

2.4. By registering in the e-shop and ordering goods, the buyer undertakes to protect and not disclose login details to anyone.

2.5. The personal data of the Buyer provided in by the Article 2.2 of these Rules will be processed for the purposes of the sale of goods in the e-shop magmum.lt, fulfillment of the contract (order), analysis of the Seller’s activities. Information messages necessary for the fulfillment of the contract (order of goods) will be sent to the e-mail address or/and telephone number provided by the Buyer.

2.6. The Buyer’s personal data will be processed for direct marketing purposes only with the Buyer’s consent. The buyer’s consent is expressed by registering in this e-shop and checking the appropriate fields for receiving offers, as well as in other legal ways.

2.7. The personal data provided by the Buyer will be processed in accordance with these Rules, the Privacy Policy (published on magmum.lt/privacy-policy), in Regulation (EU) 2016/679 of the European Parliament and Council with regard to the processing of personal data and free movement of such data repealing Directive 95/46 / EC (BDAR), the Law on the Legal Protection of Personal Data of the Republic of Lithuania and other legal acts regulating the processing of personal data applicable in the Republic of Lithuania.

2.8. By confirming these Rules, the Buyer confirms that he is familiar with the Privacy Policy.

3. Buyer’s rights and obligations.

3.1. The Buyer has the right to purchase goods in the e-shop in accordance with the procedure established in these Rules and other information sections of this e-shop. The buyer undertakes to use the e-shop fairly and correctly, without compromising its work or stable operation.

3.2. The Buyer has the right to cancel the purchase and sale agreement with the e-shop and cancel the purchase order by notifying the Seller in a free form in writing (by e-mail info@magmum.lt indicating the order number) not later than a letter of order confirmation sent by Seller is received by Buyer to his specified e-mail, except in cases when the contract cannot be terminated in accordance with the legal acts of the Republic of Lithuania. This right may be exercised only by the Buyer, who is recognized as a consumer in accordance with the legal acts of the Republic of Lithuania, ie a natural person seeking or concluding contracts for purposes unrelated to his business, trade, craft or profession (for consumption purposes).

3.3. According to the legal acts of the Republic of Lithuania, food products purchased online cannot be returned, therefore if the delivered product does not meet the quality requirements or is damaged (Buyer must open and evaluate the consignment in front of delivery company courier), Buyer returns the consignment to the courier and immediately informs the Seller in writing (by e-mail info@magmum.lt indicating the order number). Seller returns the goods and delivery costs to the Buyer account in accordance with the legal acts of the Republic of Lithuania within 14 days from the date of receipt of the Buyer’s written request.

3.4. The Buyer undertakes to accept the ordered goods and pay for them according to the order information in accordance with the terms of the Rules.

3.5. If the information provided in the Buyer’s registration and order form changes, the Buyer must immediately inform the Seller in writing (by e-mail info@magmum.lt indicating the order number) not later than a letter of order confirmation sent by Seller is received by Buyer to his specified e-mail. 

3.6. The buyer undertakes not to pass on his login details to third parties. If the Buyer loses the login data, he must immediately inform the Seller in writing, using the means of communication specified in the e-shop magmum.lt. 

3.7. The Buyer, using the e-shop magmum.lt, undertakes to comply with and not violate these Rules and the legal acts of the Republic of Lithuania. 

4. Seller’s rights and obligations. 

4.1. The Seller undertakes to create all conditions for the Buyer to properly use the services provided by the e-shop. 

4.2. If the Buyer tries to damage the stability and security of the Seller’s e-shop or violates its obligations, the Seller has the right to immediately and without notice restrict or suspend the Buyer’s access to the e-shop or, in exceptional cases, cancel the Buyer’s registration. 

4.3. The Seller undertakes to respect the Buyer’s right to privacy of the Buyer’s personal information specified in the e-shop registration form. 

4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer. 

4.5. The seller has the right to unilaterally set the minimum amount of the shopping cart at its own discretion, i.e. the minimum amount for which the Buyer should select and order goods in the magmum.lt e-shop in order to purchase them. The minimum amount of the shopping cart is indicated at the top of the shopping cart page of the magmum.lt e-shop (Minimal order amount). Delivery fee is not included in the minimal order amount of the shopping cart. 

5. Ordering goods, prices, payment procedure, terms. 

5.1. The Buyer can buy in the e-shop 24 hours a day, 7 days a week. 

5.2. The e-shop agreement comes into force from the moment the Seller confirms the order by sending the order confirmation letter to The Buyer’s specified e-mail. 

5.3. The prices of the goods in the e-shop and the prices in the formed order are indicated in euros, including VAT. 

5.4. The buyer pays for the goods in one of the following ways: 

5.4.1. in cash upon delivery of the order (only if this method of payment is supported by the delivery service company chosen by the buyer and the seller has entered into a service contract with the delivery service company necessary for the provision of such services). 

5.4.2. Payment using e-banking – a prepayment using the e-banking system used by the Buyer. In order to use this form of payment, the Buyer must have signed an e-banking agreement with one of the following banks: AB Swedbank, AB SEB bankas, Luminor Bank AB, Danske Bank A/S Lietuvos filialas, AB “Šiaulių bankas”, UAB “ Medicinos bankas” and the Paysera payment system. The Buyer transfers the money to the current account of the e-shop. 

5.4.3. Using bank debit or credit cards. 

6. Delivery of goods. 

6.1. The buyer undertakes to indicate the exact place of delivery of the goods. The fee for the delivery service is indicated on the e-shop page and is valid at the time of placing the order. The delivery fee can be fixed or depends on the value and quantity of the goods ordered by the Buyer. 

6.2. The buyer undertakes to accept the goods himself. In such situation when the Buyer is unable to accept the goods himself and the goods are delivered to the specified address, the Buyer have no right to make claims to the Seller regarding the delivery of the goods to the wrong subject. 

6.3. The goods are delivered by the Seller or the Seller’s authorized representative (by the courier of the delivery service). 

6.4. The Seller delivers the goods to the Buyer in accordance with the terms specified in the descriptions of the goods. These terms are preliminary and do not apply in cases when the required goods are not in the Seller’s warehouse and the Buyer is informed about the shortage of the ordered goods. At the same time, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and agree on the terms of delivery. 

6.5. In all cases, the Seller is released from liability for violation of the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the control of the Seller. 

6.6. The Buyer must immediately inform the Seller after inspecting the consignment at the time of delivery, if the consignment is delivered in crushed or otherwise damaged packaging, if the goods are damaged or do not meet the quality requirements, the consignment contains unsolicited goods are delivered or their quantity is incorrect, incomplete set of goods. 

6.7. In all cases, if the Buyer notices any violations of the packaging during the delivery, inconsistencies in the quantity (range) of the delivered goods, the Buyer must indicate remarks in the delivery document submitted by the courier or write a separate report on these violations. The Buyer must do this in the presence of a courier. If the Buyer fails to check the packaging, the condition of the delivered goods (violations or non-compliance with quality requirements), the completeness (range), quantity and / or delivery of the delivered goods in the consignment delivery document, the consignment is considered suitable and undamaged. 

6.8. The buyer has the right to accept undamaged goods that meet the quality requirements as a part of the shipment ordered at the time of ordering by indicating this in the delivery document provided by the courier. If the Buyer has paid for the goods at the time of ordering – the money for the other part of the ordered shipment for which the Buyer have paid, but did not receive (because of damaged packaging on delivering or because of the goods not meeting the quality requirements) will be returned to the Buyer’s account within 14 days of consignment delivery. 

6.9. When the Buyer has chosen to pay for the goods at the time of their delivery, the Buyer shall pay only for the goods delivered by the courier, including those which the Buyer returns for any reason at the time of their delivery. At the time of delivery of the goods the courier does not technically have the possibility to adjust the invoice by deleting the goods that were damaged on delivering or goods not meeting the quality requirements at the time of delivery. The money paid by the Buyer for the returned goods during the delivery shall be returned to the Buyer’s account not later than within 14 days from the delivery of the shipment. 

6.10. The buyer, having chosen to deliver the goods to medical institutions, educational or training institutions or to other type of closed territories undertakes to accept the order at the main entrance of the institution or building or territory. 

6.11. If the delivery of the goods is not possible due to the fault of the Buyer or due to circumstances in the Buyer’s control (the Buyer provided an incorrect address in the magmum.lt e-shop system, The Buyer or any other recipient is not found at the specified address, the person receiving the goods is a minor, submitted an invalid identity document or refused to present an identity document (when the Seller has to verify the age of the person receiving the goods in accordance with applicable law or these Rules), the Buyer does not have a sufficient amount of cash specified in the order, the Buyer cannot pay with a payment card through no fault of the Seller, etc.) the goods are not sent again (unless the Buyer pays extra for re-delivery of the goods), and the money paid in advance for the goods are refunded after deducting the delivery and packaging fee. If at the time of placing the order the Buyer received a discount on the delivery fee, but delivery of the goods is not possible due to the Buyer’s fault or circumstances depending on the Buyer, the Seller reserves the right to deduct the full delivery and packaging fee from the amount to be returned to the Buyer (valid at the time of placing the order for goods) regardless of the discounts applied at the time of placing the order. If the Buyer has chosen to pay for the goods at the time of delivery, the Buyer must cover the delivery and packaging costs incurred by the Seller, the amount of which is equal to the delivery and packaging fees specified in the Buyer’s shopping cart at the at the time of placing the order for goods. 

6.12. After the Buyer’s inspection of the consignment the Goods shall be handed over to the Buyer only when the Buyer signs the consignment note, the accompanying document or another document of delivery and acceptance of the consignment (signature in electronic devices may also be considered as a signed document). 

7. Product quality guarantee and expiration date 

7.1. The information of each product sold in the e-shop magmum.lt is indicated in the product description next to each product. 

7.2. The Seller is not responsible for the fact that the goods in the e-shop may not correspond in their color, shape or other parameters to the actual size, shape and color of the goods due to the characteristics of the monitor used by the Buyer. 

7.3. Certain goods have a certain expiry date, which is indicated on the product packaging (jar label). 

7.4. In cases where in accordance with the law a certain expiry date is set for specific goods the Seller undertakes to sell such goods to the Buyer in such a way that he has a real opportunity to use such goods before the expiration date. 

8. Return and exchange of goods. 

8.1. Deficiencies of sold non-food goods are eliminated, quality goods are replaced / returned, low-quality goods are replaced and returned in accordance with the Resolution approved by the Government of the Republic of Lithuania No. 697 of The Retail Trade Rules on June 11, 2001, the Civil Code of the Republic of Lithuania and other valid legal acts of the Republic of Lithuania. In all cases, the money for the returned goods are transferred only to the payer’s bank account. 

8.2. In order to return a quality non-food product (s) in accordance with Article 8.1. the Buyer may do so within 14 (fourteen) days from the date of delivery of the goods to the Buyer, informing the Seller by the means of communication specified in the contact section, indicating the name of the returned goods, order number and reasons for return. 

8.3. When returning / exchanging non-food items, the following conditions must be met:

8.3.1. the returned goods must be in the original neat packaging; 

8.3.2. the goods must be undamaged by the Buyer; 

8.3.3. the product must be unused and not lost its commercial appearance (undamaged labels, with original protective film, etc.) (this Article does not apply in the event of the return of a defective goods); 

8.3.4. the returned product must be in the same configuration as the Buyer received it; 

8.3.5. when returning the goods, it is necessary to present the document of its purchase. 

8.4. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with requirements set in 8.3. Article of the procedures for the return of non-food items. 

8.5. Upon returning the received non-food product and / or defective product, the Seller undertakes to take back such goods and replace them with similar suitable goods. 

8.6. The Seller must return to the Buyer’s account the money paid for the non-food goods refused by the Buyer not later than within 14 (fourteen days) from the day on which he received the Buyer’s notice of withdrawal from the agreement. The Seller have a right not to refund the amounts paid by the Buyer until the goods have been returned to the Seller. 

8.7. When returning or exchanging good quality goods the costs of delivery of the goods paid by the Buyer to the Seller will not be returned. 

8.8. When returning or exchanging the goods, the cost of returning or exchanging the goods are always covered by the Buyer. 

8.9. According to Paragraph 1 of Article 6.22810 of the Civil Code of the Republic of Lithuania and Paragraph 2 of Article 6.22810 of the Civil Code of the Republic of Lithuania, perishable goods or foodstuffs which have a limited period of validity and are not eligible for return for health or hygiene reasons are non-refundable. 

9. Liability of buyer and seller. 

9.1. The Buyer is fully responsible for the accuracy of the personal data provided by the Buyer. If the Buyer does not provide accurate personal data in the registration form, the Seller is not responsible for the consequences and acquires the right to claim compensation for direct losses caused by the Buyer. 

9.2. The Buyer is responsible for the actions performed using the magmum.lt e-shop. 

9.3. The registered Buyer is responsible for transferring his login data to third parties. If the services provided by the e-shop are used by a third party who has logged in to the e-shop using the login details of the Buyer, the Seller considers this person to be the Buyer. 

9.4. The Seller is released from any responsibility in cases where the loss arises due to the fact that the Buyer, despite the recommendations of the Seller and the obligations of the Buyer, did not read these Rules, although he was given such an opportunity. 

9.5. If the Seller’s e-shop contains links to the websites of other companies, institutions, organizations or persons – the Seller is not responsible for the information or activities performed there. The Seller does not maintain or control those websites and does not represent those companies, institutions, organizations or persons. 

9.6. In the event of damage, the guilty Party shall compensate the other Party for the direct damage. 

10. Marketing and Information. 

10.1. The Seller can initiate various promotions, sales and discounts in the e-shop at his / her own discretion. 

10.2. The seller has the right to unilaterally, without any separate notice, change terms and conditions of ongoing promotions, sales and discounts, as well as cancel them. Any change or cancellation of the terms and conditions of the promotions, sales and discounts are valid only forward, i.e. from the moment of change or cancellation publication. 

10.3. The Seller shall send all notices by the means of communication specified in the Buyer’s registration form. 

10.4. The Buyer shall send all notifications and questions related to the submission and execution of the order to the e-mail addresses specified in the Seller’s e-shop. 

10.5. The Seller is not responsible if the Buyer does not receive the information or confirmation messages sent to the Buyer because of the internet connection or e-mail service providers disruptions. 

11. Final provisions. 

11.1. These Rules of Purchase and Sale of Goods have been made in accordance with the laws and legal acts of the Republic of Lithuania. These Rules are valid from December 1st, 2021. 

11.2. All disputes arising out of the implementation of these Rules shall be settled by negotiation. If no agreement is reached, disputes shall be settled in accordance with the laws of the Republic of Lithuania. 

11.3. The Buyer, having purchased a defective product or believing that the Seller has otherwise violated his rights or interests protected by law, should first contact the Seller and state his claims, except those cases when he applies directly to the court. The Buyer must contact the Seller no later than within 14 days from the date on which the Buyer became aware or should have become aware of the violation of his rights or legitimate interests. The Seller will examine the Buyer’s application free of charge and provide a detailed response within 14 (fourteen) calendar days from the date of the Buyer’s application. If the Seller will not satisfy the Buyer’s claims or will satisfy them in part the Seller in his response to the Buyer’s claims will provide information about the subject of out-of-court settlement of consumer disputes competent to resolve the consumer dispute. In any case, the Buyer’s appeal to the subject of out-of-court settlement of consumer disputes shall not deprive the Buyer of his right to apply to a court with a request to have the dispute heard on the merits in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania.

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