1. Definitions
1.1. Seller – MB “Opcija”, legal entity code 306086443, VAT payer’s code LT100015601213, registered office address Baltų pr. 29-27, 48244 Kaunas.
1.2. Buyer – 1) an active individual, i.e., a person of legal age whose capacity is not restricted by court order; 2) a minor between fourteen and eighteen years old with parental or guardian consent, except when emancipated; 3) a legal entity; 4) duly authorized representatives of all the above individuals.
1.3. Evenaked.lt – an online store located at the address evenaked.com.
1.4. Parties – Buyer and Seller together.
1.5. Personal Data – as defined by the Law of the Republic of Lithuania on Legal Protection of Personal Data: any information related to a natural person – a data subject whose identity is known or can be directly or indirectly identified using such data as personal code, one or more physical, physiological, psychological, economic, cultural, or social characteristics.
1.6. Rules – “Rules of Purchase and Sale of Goods in the electronic store evenaked.com“.
1.7. Privacy Policy – a document approved by the Seller, setting out the main rules for the collection, accumulation, processing, and storage of Personal Data using the online store evenaked.com.
2.General Provisions
2.1. These Rules of Purchase and Sale of Goods (hereinafter referred to as the “Rules”) are a legally binding document for the Buyer and MB “Opcija” (hereinafter referred to as the “Seller”), establishing the rights and obligations of the Parties, terms and conditions for the conclusion of the Purchase and Sale Agreement, delivery, return conditions, and procedure, as well as other provisions related to the purchase and sale of goods in the “Evenaked” online store at evenaked.com.
2.2. These Rules have been prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on Consumer Rights Protection of the Republic of Lithuania, and other applicable laws.
2.3. The Seller reserves the right to amend or change the Rules at any time at its discretion. Upon amending or changing the Rules, the new or revised edition of the Rules shall come into effect upon publication on evenaked.lt. The Buyer must review whether a new or revised edition of the Rules has been published each time before making a purchase in the evenaked.lt online store and acquaint themselves with it. Each time the Buyer purchases goods in the evenaked.lt online store, it is considered that the Buyer has familiarized themselves with the latest published edition of the Rules and agrees to make the purchase in accordance with the latest edition of the Rules.
2.4. By ordering goods, the Buyer confirms that they have familiarized themselves with the Rules.
3. By ordering goods the Buyer instantly enters into a legally binding purchase-sale agreement
3.1. The contract between the Buyer and the Seller is considered concluded when the Buyer, having selected the desired product(s) and added them to the shopping cart (hereinafter referred to as the “Shopping Cart”), clicks the “Submit Order” link, completes all the order steps, the last of which is the selection and confirmation of the payment method. After submitting the order, the Buyer receives confirmation that the order has been received and accepted.
3.2. Purchase and sale agreements come into effect, are registered, and stored in the Seller’s database.
3.3. The Seller concludes a purchase agreement only with a Buyer who is over 18 years old.
3.4. The Buyer has the right to purchase goods in the Evenaked online store in accordance with these rules and the procedures established by the online store.
3.5. The Buyer has the right to withdraw from the purchase and sale agreement by notifying the Seller in writing, contacting via email at the specified contacts, within 7 (seven) calendar days from the order date.
3.6. The Buyer has the right to withdraw from the purchase and sale agreement concluded with evenaked.lt by notifying the Seller in writing (via email, specifying the desired return item and its order number) no later than 7 (seven) working days from the date the purchase and sale agreement comes into effect. The purchase and sale agreement cannot be terminated if the agreement is concluded for:
the supply of cosmetics and perfumery, hygiene and medical products: bras, corsets, and similar items, measuring, monitoring, medical, or surgical instruments and devices;
the supply of underwear.
3.7. The Buyer may exercise the right to withdraw from the purchase of goods only if the item has not been damaged or substantially altered in appearance and has not been used.
3.8. If the Buyer does not inform the Seller about the cancellation of the order as specified in point 3.6, the Seller has the right to cancel the order without prior notice to the Buyer.
4. Placing an order creates a legally binding purchase and sale relationship
4.1. The Buyer must accept the ordered and paid-for goods.
4.2. Cancelling or amending a formed and ordered Shopping Cart is not possible. In cases where the Buyer has already placed an order and wishes to cancel or amend it, the Buyer should immediately contact the Seller at [email protected]. If the Seller is unable to grant the Buyer the right to cancel or amend the Shopping Cart (for example, because the goods are already prepared for shipment or handed over to the courier), the Buyer retains the right to terminate the agreement and return the goods according to the terms specified in these Rules.
4.3. The Buyer must cover the expenses associated with the transportation of the returned item if the return is not due to the fault of the Seller: the packaging of the item is not damaged, and the item corresponds to its specifications as indicated in the online store.
4.4. The Buyer undertakes not to disclose their login credentials to third parties. If the Buyer loses their credentials, they must immediately inform the Seller by email at [email protected].
4.5. If there are changes to the data provided in the Buyer’s registration form, the Buyer must promptly update this information.
4.6. By using the Evenaked online store, it is considered that the Buyer agrees to these purchase and sale rules and undertakes to comply with them.
5. Buyer’s Commitments
5.1. The Seller has the right to change, suspend, or terminate the operation of the Evenaked online store without notifying the Buyer.
5.2. The Seller has the right to unilaterally amend the terms of these rules.
5.3. If the Buyer attempts to disrupt the operation of Evenaked.lt, the Seller has the right to immediately and without prior notice restrict or suspend the Buyer’s ability to use Evenaked.com or, in exceptional cases, terminate the Buyer’s Account.
5.4. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer does not pay for the goods within 3 (three) working days.
6. Seller’s Rights
6.1. The Seller undertakes to provide the Buyer with the opportunity to properly use the services offered by Evenaked.com online store.
6.2. The Seller undertakes to deliver the goods purchased by the Buyer according to the chosen method and specified address at the time of the Buyer’s order.
6.3. The Seller undertakes to respect the Buyer’s privacy and to process the Buyer’s Personal Data only in accordance with the Rules, Privacy Policy, and the laws of the Republic of Lithuania.
6.4. Under the conditions specified in the Rules, the Seller undertakes to provide the Buyer with the goods ordered by the Buyer and to accept the goods returned by the Buyer.
6.5. If, due to significant circumstances, the Seller cannot deliver the ordered goods to the Buyer, the Seller undertakes to offer a similar or as similar as possible product in its features. If the Buyer refuses to accept the product offered as similar or comparable, the Seller undertakes to refund the Buyer within 14 (fourteen) working days of the payment received, if an advance payment was made, and in all cases cancel the order.
6.6. In the event that the Buyer exercises the right to withdraw from the contract, the Seller undertakes to refund the amount paid by the Buyer within 14 (fourteen) days from the date on which the Seller received the Buyer’s notice of withdrawal from the contract. The Seller may withhold the amount paid by the Buyer until the goods are returned to the Seller or until the Buyer provides proof that the goods have been shipped back to the Seller, whichever occurs first.
6.7. The Seller undertakes to fulfill other obligations imposed on the Seller by the Rules, Privacy Policy, and the laws of the Republic of Lithuania.
7. The prices of the goods, payment order and terms
7.1. The prices on www.evenaked.com orders are displayed including the VAT rate applicable at the time of purchase.
7.2. The Buyer can use the following payment methods:
7.2.1. electronic banking;
7.2.2. bank transfer (for this method, the Buyer has to contact the Seller and arrange it before making the payment);
7.3. Before the Buyer confirms the order, the delivery cost is added to the total amount of goods.
7.4. When paying through electronic banking, the Buyer agrees to make payment for the goods promptly. The shipment of goods will only be processed upon receipt of payment. If the order remains unpaid for more than 1 hour, it will be removed from the system.
8. Delivery of goods
8.1. You can place orders on the Evenaked.lt online store at any time of day, any day of the week. When purchasing goods on Evenaked.com, the Buyer selects the method of delivery for the products.
8.2. The Buyer, selecting a delivery service for the goods, agrees to provide an accurate delivery address for the products.
8.3. The Buyer agrees to accept the goods personally. In cases where the Buyer cannot accept the goods personally, but the goods are delivered to the address specified by the Buyer and based on other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of goods to the wrong recipient.
8.4. The delivery cost depends on the order value. Orders above 119€ will be delivered free of charge throughout Lithuania. The delivery fee applies to a single order.
8.5. The Buyer will see the exact delivery fee amount before confirming the order. Once the order is confirmed, the delivery fee amount will not be changed.
8.6. The Seller undertakes to deliver the purchased goods as soon as possible, but no later than the delivery deadline specified by the Seller.
8.7. The Seller is released from liability for failure to meet delivery deadlines if the goods are not delivered or delivered late due to the Buyer’s fault or circumstances dependent on the Buyer.
8.8. Upon receiving the goods, the Buyer must inspect the condition of the shipment (whether the external packaging is damaged) and sign the invoice, delivery note, or other shipment transfer and acceptance document together with the Seller or its authorized representative. By signing the invoice, delivery note, or other shipment transfer and acceptance document, it is considered that the shipment has been delivered in satisfactory condition.
8.9. If the Buyer notices that the packaging of the shipment is damaged (crushed, torn, wet, or otherwise externally damaged), the Buyer must note this on the invoice, delivery note, or another shipment transfer and acceptance document and, in the presence of the Seller or its representative, prepare a written record of the shipment damage. If the Buyer fails to take these actions, the Seller is released from liability for damages to the goods, unless such damages are due to a manufacturing defect, and for discrepancies in the goods’ contents that can be identified by inspecting the external appearance of the goods.
8.10. If the Buyer, upon receiving the shipment, notices discrepancies in the goods, manufacturing defects, or other defects, the Buyer must inform the Seller immediately (no later than 24 hours from the receipt of the shipment). Upon confirming a complaint regarding improper quality of the goods and upon the Buyer returning the goods of improper quality, the Seller undertakes to refund the money for the goods within 14 days, covering the return costs as well. In any case, this does not limit the Buyer’s rights upon acquiring goods of improper quality, as stipulated in the legal acts.
8.11. Courier delivery times throughout Lithuania: Monday to Friday, 09:00 – 18:00. Before delivering the goods, the courier will contact you by phone to agree on a suitable delivery time.
8.12. The goods are delivered to the address specified by the Buyer, and the Buyer is responsible for the accuracy of the provided data.
9. Return of Goods
9.1. The return of goods is carried out in accordance with the Order No. 217 of June 29, 2001, by the Minister of Economy of the Republic of Lithuania “On Approval of Rules for Return and Exchange of Goods”, which stipulates that the buyer’s request to exchange purchased goods for similar goods or to refund the paid amount is not satisfied upon acquiring such goods as cosmetics, bras, belts, corsets, measuring, control, medical or surgical devices and apparatus, and others.
9.2. The returned goods must be fully assembled. The BUYER is responsible for the complete assembly and packaging of the goods. If the goods are not fully assembled and properly packaged, the SELLER or the SELLER’s representative will not accept the return of the goods.
9.3. The goods must be returned in the packaging in which they were delivered. The packaging must be undamaged, clean, and properly prepared.
9.4. The Buyer returns the Goods at their own expense, except in cases where the goods are returned due to quality issues.
9.5. When returning defective goods, the Seller undertakes to collect the defective goods and replace them with a similar item. In cases where the Seller does not have a similar item, the Seller refunds the Buyer the amount paid for the goods.
9.6. The Buyer must send the returned goods to the address of MB “Opcija” at Baltų pr. 29-27, Kaunas, after informing the Seller using the contact details provided in the “Contacts” section.
10. Responsibility
10.1. The Buyer is responsible for actions performed using evenaked.com.
10.2. The Buyer is entirely responsible for the accuracy of the data provided in the registration form and the order submission form. If the Buyer provides inaccurate information in the registration form or order form, the Seller is not liable for any resulting consequences and reserves the right to demand compensation for direct losses incurred from the Buyer.
10.3. The Buyer is responsible for transferring their login credentials to third parties. If third parties use the Buyer’s account, the Buyer is responsible for the actions taken by third parties.
10.4. In case of damage, the party at fault compensates the losses incurred by the other party.
10.5. The Seller is released from any liability in all cases where losses occur due to the Buyer failing to comply with the Seller’s recommendations and obligations by not familiarizing themselves with these Terms and Conditions (although this opportunity was provided to them).
10.6. The Seller is not liable for the proper performance of mutual obligations between the Buyer and the Seller’s Partners, whose goods or services the Buyer orders using evenaked.com.
11. Exchange of information
11.1. The Seller sends all notifications to the Buyer’s specified email address or via SMS to the phone number provided during registration or when ordering goods, in accordance with these Terms and the Privacy Policy.
11.2. The Buyer sends all notifications and inquiries to the Seller’s designated email address specified in the “Contacts” section of the Seller’s online store.
12. Final Provisions12.1. These Terms are formulated in accordance with the laws of the Republic of Lithuania.
12.2. The relationships arising from these Terms are governed by the laws of the Republic of Lithuania.
12.3. All disputes arising from the implementation of these Terms are resolved through negotiations. In the event of failure to reach an agreement within 20 (twenty) calendar days, disputes are resolved in accordance with the laws of the Republic of Lithuania.
12.4. In the event that the Buyer disagrees with the Seller’s response to the Buyer’s written claim, a consumer (individual, consumer) who purchased a product from evenaked.lt may submit their request/complaint to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: [email protected], tel. 85 262 67 51, fax (85) 279 1466, website: www.vvtat.lt) or fill out a request form on the EGS platform https://ec.europa.eu/odr/.