1.1. Seller – UAB ’’Kubilų pasaulis‘‘ Company code 304423513, VAT payer code LT100010536010, Adress Pramonės 7a, Virgainiai village, Reseiniai district, LT60340.
1.2. Buyer – 1) capable natural person, i.e. a person who has attained the age of majority, whose capacity is not limited and who is not recognized as legally incapable by court, or underage person, who is emancipated by court; 2) a minor from fourteen to eighteen years of age who has parents or guardians consent to enter into a transaction; 3) a legal person, who purchases goods in online store www.wellnesshottub.co.uk .
1.3. Parties – Buyer and Seller together.
1.4. Personal data – any information relating to a natural person – data subject, whose identity is known or can be directly or indirectly identified by reference to such data as a personal identification number, one or more person specific physical, physiological, mental, economic, cultural or social features.
1.5. Rules – purchase – sale rules of the online store www.wellnesshottub.co.uk.
II. General Terms
2.1. Buyer who purchases goods in the online store www.wellnesshottub.co.uk confirms that he is familiar with the Rules and understands and agrees to buy in accordance with these Rules respectively. In such way adopted Rules is a binding legal document for the Parties outlining the Buyer’s and Seller’s rights and obligations, conditions for the acquisition of goods and payment, delivery and return procedures, responsibilities of the parties and other conditions related to purchase – sale of goods in www.wellnesshottub.co.uk.
2.3. Seller has the right at any time in its sole discretion to adjust or change the Rules. After adjustment or change, new or corrected version of the Rules enters into force upon publication on www.wellnesshottub.co.uk Buyer is required to check if a new or corrected version of the Rules was announced and get familiar with it each time before buying goods in the online store www.wellnesshottub.co.uk. Every time a Buyer purchases goods in the online store www.wellnesshottub.co.uk, it is considered that the Buyer is familiar with the latest published version of the Rules and agrees to purchase in accordance with the latest version of the Rules.
2.5. If the Seller has a right or an obligation to provide information or documents to a Buyer via e-mail, in all cases, the Buyer himself is responsible for providing a valid and Buyer owned email address to the Seller. By providing an e-mail address to the Seller, the Buyer confirms that the email address belongs to him.
III. Purchase of goods, payment procedures and deadlines
3.2. When the Buyer chooses a product and forms a shopping cart, fulfills all the ordering steps, the last of which is payment for the goods, it shall be deemed that between the Seller and Buyer has emerged purchase – sale legal relations and a Purchase – sale agreement was concluded (Purchase – sale agreement is deemed concluded according to these Rules).
3.3. Buyer pays according to the invoice provided by the Seller (sent to the e-mail address provided by the Buyer). Price for the goods can be paid all at once or in two parts, though upon formation of the order not less than 50 percent of the price for the goods shall be paid, while the other part of the price shall be paid at the latest by the time the goods are sent to the Buyer. The price payable shall be determined at the discretion of the Seller; however the Buyer has the right to make requests for the payment for the goods in the field “Notes” or by e-mail. Buyer’s indicated requests are not obligatory for the Seller.
3.4. Every Buyer’s order is stored in the www.wellnesshottub.co.uk database.
3.5. Buyer can make payment for the ordered goods in one of the following ways:
3.5.1. using electronic banking;
3.5.2. bank transfer;
3.5.3. using Paypal services.
3.6. Once the Seller receives payment for the total price of the goods, the Seller starts dispatch procedures chosen by the Buyer. The Seller has the right to stop dispatch of the goods if the full price for the goods was not received.
3.7. Buyer, by accepting the Rules, agrees that purchase documents – VAT invoices, which are also the product warranty card, if the Seller provides guarantee for a product, would be submitted electronically to the e-mail address given by the Buyer. VAT invoices indicate selected items, their amount, discounts granted, the final price for the goods including taxes and fees, and other necessary data confirmed by the accounting legislation.
3.8. Price for the goods cannot change after the Seller confirms the order, except in cases where the price changes due to the technical error of information systems or any other objective reasons beyond the Seller. If in such case the Buyer does not agree to purchase items for the new price, the Buyer can cancel the order by informing the Seller within 2 (two) business days. Upon cancellation of the order in accordance with the procedure in this paragraph, the Buyer is refunded all the amounts paid.
4. Buyer’s rights
4.1. Buyer has the right to buy goods from www.wellnesshottub.co.uk in accordance with these Rules.
4.2. Buyer has the right to cancel the order in accordance with these Rules.
4.3. Buyer has the right to change or return purchased goods in accordance with these Rules.
5. Buyer’s obligations
5.2. Buyer must pay for the ordered goods, their delivery and accept them in accordance with these Rules.
6. Seller’s rights
6.1. Seller has the right to suspend, modify or terminate www.wellnesshottub.co.uk activities. In this case, all accepted and confirmed Buyers’ orders are completed and new orders are not accepted.
6.2. Seller shall be entitled, without notifying the Buyer in advance, to cancel the order if the Buyer is late to pay for the goods (total price or part of the price, as stated in the invoice issued by the Seller) for five (5) business days.
VII. Seller’s obligations
7.3 Under the conditions provided in the Rules, Seller agrees to provide the Buyer with ordered goods and according to these Rules accept Buyer’s returns.
7.4. If Seller cannot deliver ordered goods to the Buyer, Seller undertakes to offer the Buyer analogous or as much as possible similar by its properties item. If price for the Seller’s offered analogous or similar item differs from the original price for the item, the Buyer has to pay extra difference resulting from the initial price for the item and price for analogous or similar item. If analogous or similar item is cheaper than the original item, Seller must return the difference between price paid for the original item and analogous or similar item to the Buyer. If the Buyer refuses to accept the product, which was offered as an equivalent or similar to, Seller agrees to refund the money paid by the Buyer within 14 (fourteen) working days if the payment was made in advance, and in all cases to cancel the order.
VIII. Delivery of goods
8.1. Buyer must provide all information necessary for the proper delivery of goods. If a Buyer has specific requests for the delivery (delivery time, type, etc.), they should be specified in the field “Notes” or by e-mail. If the Seller does not agree with the Buyer’s requested specific delivery conditions, the Buyer is given a written answer indicating the reasons for disagreement.
8.2. Seller shall deliver goods to the Buyer in accordance with the terms provided in the description of goods, invoice or otherwise (e-mail or similar). These terms are only preliminary; in addition; do not apply in cases where the Seller doesn’t have the necessary goods in stock, while the Buyer is informed that the ordered goods are out of stock. By accepting these Rules, the Buyer agrees that in exceptional cases, delivery may be delayed due to unexpected circumstances beyond the Seller. In this case, the Seller is obliged to immediately contact the Buyer and coordinate new delivery deadlines and other conditions. If the Seller fails to deliver goods within the additional period, the Buyer can use the right provided in the paragraph 10.1 of these Rules – cancel the Purchase – sale agreement.
8.3. Seller is exempt from liability for violation of delivery deadlines if goods to the Buyer are not delivered or delivered not on time due to the fault of third parties or due to the circumstances dependent on the Buyer.
8.4. Upon product delivery, the Buyer shall, together with the Seller or his agent, check condition of the shipment and item(s) and sign the Act of Reception and Transmission. When Buyer signs the Act of Reception and Transmission, it is considered that the product is transferred in a proper condition, deficiencies that are based not on factory defect and complete set inconsistencies (such that you can determine at the time of external goods’ inspection) of the product(s) are not present. If the Buyer notices that the packaging of product is damaged, the product(s) is damaged and/or product(s) is not in a complete set, the Buyer is obliged to indicate shortcomings in the Act of Reception and Transmission and in the presence of the Seller or his representative, make a free form shipment and/or the product(s) damage/inconsistencies act. If the Buyer fails to make these actions, the Seller is exempt from liability for product deficiencies when such deficiencies are not due to the factory defect and complete set inconsistencies only if these inconsistencies can be identified by external product inspection.
8.5. Risk of accidental loss or corruption of the product passes to the Buyer from the moment when the goods are transferred to the Buyer.
8.6. If the Buyer is not present to accept the delivery of goods and the Buyer has paid for the goods and their delivery, representatives will contact the Buyer on the next delivery time and/or type. If the Buyer is still not present to accept the delivery, goods are returned to the Seller, the order is canceled and the Buyer is refunded after deducting bank charges, applied to the Seller for bank transactions and delivery costs.
9. Product quality guarantee
9.1. Properties of each sold product are indicated in the product description next to each product in the online store www.wellnesshottub.co.uk.
9.2. Products in the Seller’s online store www.wellnesshottub.co.uk are of adequate quality, i.e. features of products matches the product description. Product meets the Purchase – sale agreement concluded by the Buyer and Seller, provided that:
9.2.1. product matches the description given by the Seller and has the qualities of the product which the Seller provided as example or model in the online store www.wellnesshottub.co.uk.
9.2.2. product is suitable for use (for what this type of products are commonly used);
9.2.3. product meets the quality indicators that are normally associated with the same kind of goods and the Buyer can reasonably expect under the product type and its manufacturer’s, its agent’s or seller’s published statements, including advertising and labeling of items regarding item’s specific features.
9.3. By concluding the Purchase – sale agreement, the Buyer understands that natural wood was used in the manufacture of purchased products therefore, if exposed to moisture, sunlight or other factors products may change their properties (color, shape, etc.). Such changes are not considered defects and the Seller shall not be liable for them.
10. The right to withdraw from the Purchase – sale agreement, returns and replacement procedures
10.1. The right to withdraw from the Purchase – sale agreement, exchange and returns of good quality products:
10.1.1. Buyer without giving any reason within 14 (fourteen) days shall have the right to withdraw from the Purchase – sale agreement by giving notice to the Seller. The right to withdraw from the Purchase – sale agreement is not valid for the Buyer if was concluded one of the agreements listed in the paragraph 2 of the article 6.228 (10) of the Civil Code, including agreements for manufacture of goods according to the special Buyer’s instructions, when goods are not pre-manufactured and manufactured according to the Buyer’s personal preferences or instructions, or for goods which are clearly tailored to the personal needs of the Buyer;
10.1.2. Regarding the withdrawal from the Purchase – sale agreement the Buyer shall notify the Seller providing unequivocal statement setting out his decision to withdraw. Notice of withdrawal shall be sent to e-mail firstname.lastname@example.org . After the receipt of Buyer’s notice, the Seller shall immediately send acknowledgment of the notification’s receipt.
10.1.3. Given 14 (fourteen) days term to withdraw from the Purchase – sale agreement shall be calculated as is provided in the paragraph 3 of the article 6.228 (10) of the Civil Code, namely, when the Purchase – sale agreement is concluded, – from the date on which the Buyer receives the goods or a) if the Buyer has ordered in one order more than one item and the goods are delivered separately, – from the date on which the Buyer receives the final item; b) if the product is delivered in different batches or pieces – from the date on which the Buyer receives the last batch or piece; c) in case of agreement for regular delivery of goods within a specified period of time – from the day on which the Buyer receives the first item.
10.1.4. If the Buyer withdraws from the purchase – sale agreement before the product was delivered to him, the Seller formalizes such Buyer’s withdrawal as rejection of the order and informs the Buyer by his given e-mail address.
10.1.5. If the Buyer withdraws from the Purchase – sale agreement according to the paragraphs 10.1.1. – 10.1.4. of these Rules, the money shall be returned to the Buyer within 14 (fourteen) calendar days after the Seller receives the Buyer’s notice of his wish to exercise this right, and if the product is not yet returned to the Seller, term provided in this paragraph is calculated from the day when the product is returned to the Seller.
10.1.6. Buyer has the right within 14 (fourteen) days of the goods transfer to change the purchased goods to analogous goods of different size, shape, color, model or complement. If there is any price difference when changing products, Buyer must pay the Seller according to the recalculated price. Buyer’s notice of their wish to exercise the right of this paragraph along with the specified returns shall be sent by e-mail email@example.com .
10.1.7. If the Buyer is not satisfied with shape, size, color, model or complement of the purchased goods, products shall be changed and returned in accordance with the “Retail trade rules” approved by 2014 July 22 Resolution No. 738 of the Government of the Republic of Lithuania. During the term provided in the paragraph 10.1.6. of these Rules, Buyer has the right to change and return all items that are excluded from this list.
10.1.8. Upon receipt of the goods returned on the basis of the paragraph 10.1.7. of these Rules, the Seller shall replace them with the same goods according to the Buyer’s specified shape, size, color, model or complement. If the Seller does not have a suitable replacement item, Seller shall return money paid for the product to the Buyer. Money shall be returned to the Buyer within 14 (fourteen) calendar days after the Seller received the Buyer’s notice of their wish to exercise this right, and if the Buyer has not returned the goods to the Seller under this paragraph, the term is calculated from the day when the goods are returned to the Seller.
10.1.9. By accepting these Rules, the Buyer agrees that the money provided in paragraphs 10.1.5. and 10.1.8. of the Rules would be returned to the bank account of the Buyer, except those cases when the Buyer and Seller agree otherwise.
10.2. Exchange and return of defective goods
10.2.1. Defects of the sold goods are eliminated; defective goods shall be exchanged, returned in regard to the procedures established in the Rules and in accordance with the legislation of the Republic of Lithuania.
10.2.2. If Buyer purchased goods of inadequate quality and indicated it in the Act of Reception and Transmission (if not indicated, subject to the provisions of paragraphs 10.1.1. – 10.1.9. of the Rules) or the poor quality of goods manifests as factory defect, which was present at the time of purchase of goods, or non-compliance with the manufacturer’s specifications, the Buyer can return the goods and by choice may demand:
10.2.2.1. that the Seller free of charge within a reasonable period of time would remove the deficiencies, if it is possible to eliminate these deficiencies;
10.2.2.2. that the price of the purchase would be lowered accordingly;
10.2.2.3. that the goods would be replaced by similar products of appropriate quality, except those cases when defects are insignificant or are a result of the Buyer’s fault;
10.2.2.4. that the paid price would be returned and withdraw from the Purchase – sale agreement when the sale of defective goods is a fundamental violation of the order.
10.2.3. Buyer can choose only one legal remedy from the paragraph 10.2.2. of the Rules. Buyer must express his choice when returning the product. If Buyer chooses legal remedy from the paragraph 10.2.2 and the Seller cannot implement it, Seller offers alternative remedy from the paragraph 10.2.2. Buyer has no right to terminate the Purchase – sale agreement if the defect is minor.
10.2.4. Buyer must comply with the following conditions if he wants to return goods:
10.2.4.1. notify the Seller by e-mail: firstname.lastname@example.org, notice must specify the returnable goods;
10.2.4.2. provide a purchase document, warranty document (if it was issued);
10.2.4.3. provide a free-form request.
10.2.5. Buyer can use the right to return defective goods within terms provided in the article 6.363 of the Civil Code (“Seller is responsible for defects that are apparent within two years from the date the item was received”).
10.2.6. Seller has the right not to accept the Buyer’s returned goods if the Buyer fails to comply with procedures for the return of goods laid down in the Rules.
10.2.7. Buyer must pay for delivery and return costs, and the Seller, when convinced that goods were returned because of inadequate quality, must reimburse the Buyer for delivery and return costs, except for exceptions provided in the Rules.
10.2.8. Money shall be returned to the Buyer within 14 (fourteen) calendar days from the day when goods were returned to the Seller. By accepting these Rules, the Buyer agrees that the money would be returned to the bank account of the Buyer, unless the Buyer and Seller agree otherwise.
10.2.9. Money is not refunded for those items which were intentionally or negligently damaged (exposed to chemicals, water, open fire, high temperature, sharp objects, etc.), or if product’s use or storage rules were infringed, or products were used improperly or not as intended.
10.2.10. Separate rules for returns of inadequate quality products may be provided with accompanying guarantee certificates.
10.3. If Buyer receives wrong goods, the Buyer must immediately, but not later than within 5 (five) working days from the date of delivery, inform the Seller by e-mail email@example.com. Seller at his own expense undertakes to collect such items and replace them with appropriate products. In the case where the Seller does not have goods ordered, the Seller shall return money for the item (s) purchased to the Buyer. Money is returned to the Buyer within 14 (fourteen) calendar days after the Seller received the Buyer’s notification of withdrawal, and if the product is not yet by the Buyer returned to the Seller, term provided in this paragraph is calculated from the day when the product is returned to the Seller. By accepting these Rules, the Buyer agrees that the money would be returned to the bank account of the Buyer, unless the Buyer and Seller agree otherwise.
10.4. The Buyer may exercise the right to return goods only if the time limit provided for the return of goods has not expired, the item was not damaged or its appearance was not significantly changed, and was not used. All goods must be returned with authentic labels, protective bags and original packaging.
10.5. When returning goods the Buyer must indicate sender’s address and properly package the product, so it would not be damaged during shipping. Seller will not refund money for goods which have been damaged during shipping. Seller is not responsible for packages, which were sent improperly packaged, with improperly specified address, also if packages were lost or damaged during shipping.
10.6. If Buyer purchased a product set in the online store www.wellnesshottub.co.uk , he must return to the Seller the full set of products, i.e. Buyer with the rights provided for returns only in respect of the whole set of products. In case where at least one of the supplied goods does not comply with the requirements provided in the paragraph 10.4. of the Rules, the Seller has the right to refuse to accept the return of the entire product set.
10.7. Buyer who has exercised rights provided in this paragraph of the Rules must fulfill requirements set for the return of goods and follow the procedure laid down therein.
10.8. Goods must be returned to the Seller by address indicated in the Seller’s confirmation of the Buyer’s notification receipt regarding withdrawal.
10.9. Upon exercising rights laid down in the paragraph 10.1. of the Rules, the Buyer shall be returned: the price of goods and delivery costs. Upon exercising rights laid down in the paragraph 10.2. of the Rules, the Buyer shall be returned: the price of goods, delivery costs and return costs.
10.10. Seller has the right not to return the Buyer the amounts paid until goods are returned to the Seller.
10.11. If there is any price difference when changing the products, the Buyer must pay the Seller according to the recalculated prices.
11. Final Provisions
11.3. These Rules were compiled under the law of Republic of Lithuania.
11.4. Any relationships arising on the basis of these Rules are governed by the law of Republic of Lithuania.
11.5. All disputes arising in respect of the enforcement of the Rules shall be resolved by negotiation. If reaching an agreement within thirty (30) calendar days fails, disputes shall be settled according to the legislation of the Republic of Lithuania, at the local court of the Seller’s registered office.
1.1. Seller –UAB ’’Kubilų pasaulis‘‘ Company code 304423513, VAT payer code LT100010536010, Adress Pramonės 7a, Virgainiai village, Reseiniai district, LT60340.
1.2. Buyer – 1) capable natural person, i.e. a person who has attained the age of majority, whose capacity is not limited and who is not recognized as legally incapable by court, or underage person, who is emancipated by court; 2) a minor from fourteen to eighteen years of age who has parents or guardians consent to enter into a transaction; 3) a legal person, who purchases goods in online store www.wellnesshottub.co.uk.
1.3. www.wellnesshottub.co.uk – online store, located on the Internet at www.wellnesshottub.co.uk.
1.4. Personal data – as defined by the Law on Legal Protection of Personal Data of the Republic of Lithuania, namely: any information relating to a natural person – data subject, whose identity is known or can be directly or indirectly identified by reference to such data as a personal identification number, one or more person specific physical, physiological, mental, economic, cultural or social features.
1.5. Cookies – small files, downloaded to a device while the user visits a corresponding website. With the help of Cookies a website recognizes user’s device (e.g., next time the user visits this website). Cookies can be used to “follow” a user, his behavior, habits on the Internet, and thus create his profile.
1.6. Rules – Seller approved purchase – sale rules of the online store www.wellnesshottub.co.uk, publicly available on the Internet at www.wellnesshottub.co.uk.
2. General provisions
2.4. Seller follows these basic principles of data processing:
2.4.1. Personal data collected for explicit and legitimate purposes.
2.4.2. Personal data processed accurately and honestly.
2.4.3. Personal data processed lawfully.
2.5. Seller respects privacy of each Buyer, therefore all Buyer’s personal data (name, surname, age group, address, telephone number, email address and other information specified in the registration or order forms of the online store www.wellnesshottub.co.uk) is collected and processed for the following purposes:
2.5.1. processing of purchase orders;
2.5.2. to issue financial documents (e.g. invoices);
2.5.3. to solve problems related to the supply of products or delivery;
2.5.4. perform other contractual obligations;
2.5.5. direct marketing purposes.
2.6. Personal data is constantly updated and stored for no longer than is required by data processing objectives.
2.7. All information regarding the processing of personal data is confidential. Seller shall respect privacy of the Buyer, and any personal data, as well as any other information relating to the Buyer’s purchased goods at the online store www.wellnesshottub.co.uk shall not be disclosed by the Seller to any third party, except in cases where the Seller is bound by legislation or judicial requirements.
2.8. Seller shall be entitled to use data indirectly related to the Buyer for statistical purposes, e.g. data about purchased goods. Such statistical data can be collected and processed in a way that would not disclose the Buyer’s identity or other personal data that could be used to determine a person’s identity.
3.2. When Buyer visits online store www.wellnesshottub.co.uk for the first time, cookies are transferred to the Buyer’s computer or other device, which is being used to browse the online store, and later used for identification. This is normal browsing practice, which makes browsing of the already visited website easier and simplifies access to the published information. Most web browsers accept cookies, however if Buyer does not wish to receive cookies, it is possible to change web browser settings so that cookies would not be accepted. In this case, please be informed that some functions of the online store www.wellnesshottub.co.uk may not work.
3.3. Seller informs that website visitation data is automatically recorded when using cookies: information about how many visitors visited the website, what is the name of visitor’s Internet service provider’s server area (domain), what type of information is more readable, etc. It helps the Seller to understand how visitors use the website, and provides an opportunity to improve services to simplify the accessibility of information.
4. Final Provisions