1. General provisions
1.1 Rules for Purchasing Goods on Online Store (hereinafter – Rules) shall apply when placing an order with Deimantų fabrikas, UAB, company code 304175384, VAT payer’s code LT100010143613, registration address Pylimo g. 22D-5, Vilnius, trading venue address Stiklių g. 9/Gaono g. 10, Vilnius, data is collected and stored in Register of Legal Entities of the Republic of Lithuania, online store – www.factorybyribas.lt (hereinafter – Seller).
1.2 By placing an order on online store, the Buyer shall confirm that he/she agreed with present Rules and, in accordance with item 2.1 of the Rules, shall have the right to make a purchase on online store.
1.3 The Seller shall have the right to engage third parties for the performance of the agreement.
2. Ordering goods – conclusion of the agreement
2.1 All legal and natural persons who have reach the age of majority, including minors 14–18 years of age having the consent of their parents or guardians (unless they independently dispose of their income) may make a purchase on online store. By accepting the Rules, the Buyer shall guarantee that he/she complies with these conditions.
2.2 Upon visiting online store, the Buyer shall select desired goods. On the basis of his/her selection, shopping bag shall be formed.
2.3 Before confirming shopping bag, the Buyer must make sure that it contains only desired items and the data is correct.
2.4 The agreement between the Buyer and the Seller shall be considered concluded from the moment the Seller sends a confirmation that the order is confirmed at the e-mail address specified by the Buyer in registration form or in goods ordering account and the Buyer makes a payment. The payment shall be considered accepted from the moment the funds are actually credited into Seller’s bank account.
2.5 Each agreement concluded between the Buyer and the Seller shall be stored on online store.
2.6 The Seller shall reserve the right to treat purchase and sale agreement as not concluded if the Buyer fails to indicate all necessary data or parameters of delivery or ordered item, fails to make full payment or makes a partial payment or if purchase and sale agreement may not be concluded due to objective reasons specified in present Rules.
2.7 The Buyer shall be fully liable for correctness of data provided in registration form.
2.8 The Buyer shall be obliged and shall undertake to protect online store login data and not to disclose them to third parties. All actions carried out by using Buyer’s data shall be considered as actions of the Buyer and the Buyer shall assume liability for actions performed when using login data.
3. Price of goods and settlement
3.1 Final price including VAT shall be indicated on online store. The price for goods shall not include delivery charges paid by the Buyer. In cases specified by the Seller, goods may be delivered free of charge.
3.2 Exact price of goods, delivery costs and expected delivery time shall be specified in goods order confirmed by the Seller.
3.3 The Buyer shall pay for ordered goods through Paysera system.
3.4 The Buyer shall undertake to pay for confirmed order within 2 (two) calendar days from the date of order confirmation. If the Buyer fails to fully pay for the order within 2 (two) calendar days, it shall be deemed that the Buyer cancelled the order and the order shall be cancelled without a separate notice to the Buyer.
4. Delivery of goods
4.1 The goods shall be sent to the Buyer at the address specified within 2–3 (two–three) business days following the receipt of full payment for goods and shipping costs into Seller’s account.
4.2 Usually the shipment is delivered to the Buyer within 1–2 (one–two) business days in Lithuania and within 2–7 (two–seven) business days outside of Lithuania following the shipment of the goods. The Seller shall not take responsibility and shall not be liable for the time of delivery carried out by third parties.
4.3 In all cases, the Seller shall be released from liability for late delivery of goods if goods could not have been delivered on time to the Buyer due to the fault of the Buyer or due to the circumstances beyond the control of the Seller, including but not limited to actions or inactions of third parties delivering the shipment.
4.4 After the delivery of goods at the address specified by the Buyer, it shall be considered that the goods were handed to the Buyer regardless of whether the goods were actually accepted by the Buyer or any other person who accepted the goods at the address specified. The Seller shall not be liable and shall not verify whether the goods were accepted by a person indicated in the order.
4.5 If the Buyer provides false or incomplete delivery address or fails to accept the goods from a person providing delivery services within maximum shipment storage period, the Buyer shall be obliged to cover additional expenses incurred by the Seller for the return of the shipment and re-shipping of goods at the new address (specified) indicated the Buyer.
4.6 Upon the delivery of goods, the Buyer (Buyer’s representative) shall undertake and shall be obliged to inspect the condition of the package, the quantity of goods and quality (visible defects) and assortment. Upon determining that the package was damaged, the Buyer (Buyer’s representative) shall be obliged to make a written remark in shipment acceptance document to the person who delivered the shipment or refuse to accept the shipment. The Buyer shall be obliged to immediately notify the Seller of this and provide photographs of damaged shipment and/or item. Upon determining inconsistency(ies) of quantity and/or quality and/or assortment of goods, the Buyer (Buyer’s representative) must not accept the shipment. If the Buyer (Buyer’s representative) accepts the shipment and signs relevant delivery document without making any remarks, it shall be considered that the goods were delivered in undamaged packaging, the quantity and assortment of goods comply with order conditions and the goods are free of any obvious defects.
4.7 If due to significant or technical failures the Seller is not able to deliver goods ordered by the Buyer, the Seller shall undertake to offer analogical goods to the Buyer and if Buyer refuses to accept goods, the Seller shall refund money paid by the Buyer within 14 days from the moment of settlement. In this case, the Seller shall be exempted from liability for failure to provide goods.
5. Warranty for goods
5.1 Information about goods sold on online store shall be provided in the description provided for each item.
5.2 Colour, shape or other parameters of goods presented on online store may differ from actual size, shape and colour of the item due to the features of the monitor used by the Buyer. This shall not be considered as poor-quality of the item or inconsistencies with the description of the item.
5.3 The quantity of goods showed in pictures online shall not be always related to the price of goods – there may be more goods showed than covered by the price of one item. Unit of measurement shall be specified in the description of the item.
5.4 The Seller shall guarantee the quality of goods (statutory quality warranty). The Seller may provide quality guarantee valid for certain period for different goods. Specific term and other conditions shall be provided in the description of such goods.
5.5 The Bayer shall be informed that, due to contact with each other or other surfaces, pieces of jewellery may scratch, thus, it is recommended to store them separately, avoid contact with sharp surfaces, protect against impact or other possible mechanical damage. Jewellery should also be protected against contact with chemical substances, sudden changes in temperature, heat, salt-saturated or chlorinated water. Jewellery, especially unworn or stored in humid environment, may change colour, oxidise. These changes shall not be considered as non-compliance with the requirements of the quality of goods. To avoid damaging the surface, jewellery should be cleaned using special products and agents.
6. Right to withdraw from purchase and sale agreement (only for consumers)
6.1 In accordance with item 17.12 of Retail Rules (revised on 29/07/2014) approved by the Resolution No. 697 of the Government of the Republic of Lithuania of 11/06/2011, high-quality pearls, gemstones, precious metals and articles thereof, except for imitation jewellery (codes according to Combined Nomenclature: 7101, 7116, 7118), purchased in local trading venues are non-exchangeable and non-refundable.
6.2 The Buyer-Consumer shall have the right to withdraw from purchase and sale agreement concluded with the Seller on online store by notifying the Seller of this in writing within 14 calendar days from the date of receipt of the item. The Buyer shall submit the notification to the Seller by e-mail email@example.com or mail at the address Stiklių g. 9/Gaono g. 10, Vilnius, LT-01131. The notification must include explicit statement that the Buyer withdraws from purchase and sale agreement, returns the item and request the refund of money paid, also, account number of the Buyer to be used for the refund, including document substantiating the acquisition of the item from the Seller.
6.3 The Buyer-Consumer shall have the right to return the item only within the afore-mentioned return period of 14 days. The Buyer shall be obliged to bring the item to trading venue of the Seller at the address Stiklių g. 9/Gaono g. 10, Vilnius, or mail it by registered mail/courier service at the address Stiklių g. 9/Gaono g. 10, Vilnius, against signature. The Buyer shall bear the risk of the destruction or damage of returned item till the delivery thereof to the Seller.
6.4 In accordance with paragraph 6.2 of the Rules, returned item must be undamaged, have no signs of mechanical damage, have not lost marketable appearance, should contain all original labels, quality certificates, immaculate original packaging, should be unused. In case of any defects of the item or packaging or signs of wear and tear, the withdrawal from purchase and sale agreement cannot be executed and the Seller shall have the right not to accept returned item and refund money to the Buyer. In such case, the Buyer shall have the right to take the item back from the Seller.
6.5 The Buyer-Consumer who under paragraph 6.2 of the Rules withdraws from purchase and sale agreement shall get a refund in the amount of the total price paid for the item excluding delivery costs, if the item is returned within term specified and complies with the requirements of paragraph 6.3 of the Rules. The Buyer shall be obliged to cover direct return expenses. Upon receipt of returned goods, the Seller shall refund the Buyer-Consumer by transferring money to the bank account indicated only following inspection of returned goods in Lithuanian Chamber of Assay (Lietuvos prabavimo rūmai) in order to make sure that the returned item is as it was sent. Inspection of returned goods in Lithuanian Chamber of Assay shall be the right of the Seller but not an obligation.
6.6 In accordance with paragraph 6.2 of the Rules, the right to withdraw from purchase and sale agreement shall not apply and the Buyer shall not be able to exercise it with respect to custom-made orders by the Buyer (not pre-made) and were manufactured taking into consideration personal selection or directions of the Buyer or with respect to items that were adapted to personal needs of the Buyer (for example, the size of the piece of jewellery was changed, etc.).
7. Defective goods
7.1 Upon receipt of item, the Buyer shall be obliged to immediately inspect it, check its quality and make sure that the item is defect-free. If delivered goods fail to comply with quality requirements, the Buyer should immediately contact online store (refer to general contacts specified in section “Contacts” of online store), specify the defects of the item and provide photographs.
7.2 Defect shall be removed and poor-quality goods shall be exchanged or returned in accordance with the requirements of legislation of the Republic of Lithuania. In all cases, the Buyer shall be obliged to provide document substantiating the purchase of the item from the Seller.
7.3 The item shall not be accepted or exchanged if the Buyer failed to notify the Seller within reasonable time limit from the moment the Buyer noticed or should have noticed the defect and did not specify requirements the item did not comply with.
7.4 The Buyer must bring the item to Seller’s trading venue at the address Stiklių g. 9/Gaono g. 10, Vilnius, or send by registered mail/courier service at the address Stiklių g. 9/Gaono g. 10, Vilnius, against signature. The Buyer shall bear the risk of the destruction or damage of returned item till the delivery thereof to the Seller. If it is determined that the item is of poor-quality, return expenses shall be paid by the Seller.
7.5 The Seller shall have the right not to accept item returned by the Buyer and not to comply with request, if defects of the item resulted from improper use, mechanical damage or any other actions of the Buyer or due to natural wear and tear.
7.6 In case of return of wrong item and/or poor-quality item, the Seller shall undertake to accept it and remove defects or replace with analogical quality item. If the Seller does not have proper items for replacement, the amount paid including deliver costs shall be refunded to the Buyer.
8. Personal data
8.1 By placing an order on online store, the Buyer shall be obliged to provide the following data during the registration: name, surname, delivery address, telephone number and e-mail address. The Buyer shall be responsible for provision of correct data during registration.
8.2 Seller’s purposes of data processing – online trading, order execution and direct marketing. When processing personal data, the Seller shall perform data collection, recording, accumulation, storage, classification, modification (supplementing or correction) and destruction.
8.3 Data processed by the Seller: (i) for the purpose of online trading and order execution – name, surname, telephone number, e-mail address, place of residence (address), delivery address, IP information (to verify security and apply interface language); (ii) for the purpose of direct marketing – name, surname, telephone number, e-mail address, address.
8.4 The Seller shall receive personal data directly from the Buyer following his/her registration on online store customer account, initiating formation of shopping bag, placing of order and conclusion of purchase and sale agreement.
8.5 By placing an order, the Buyer agrees for personal data he/she has submitted to be processed for the purposes of order execution, control and performance analysis. The Buyer also agrees for information notifications necessary for the execution of orders to be sent at e-mail address and/or telephone number specified.
8.6 The Seller shall be allowed to provide Buyer’s data only to third parties executing the order and/or shipping. The Seller shall undertake not to disclose Buyer’s personal data to third parties under no other circumstances, except when required by competent state institutions under procedure provided for in legislation of the Republic of Lithuania or by separate written consent of the Buyer.
8.7 Buyer’s personal data may be processed for the purposes of direct marketing only if the Buyer gives consent when completing registration form. The Buyer shall have the right to withdraw such consent at any time and suspend newsletters and information provision.
8.8 Upon proper confirmation of his/her identity, the Buyer shall have the right to get access to his/her data stored by the Seller and verify processing thereof, request correction, destruction of personal data or suspend data processing actions when data processing fails to comply with the requirements of legislation. The Buyer shall also have other rights established in the Law on the Legal Protection of Personal Data in the Republic of Lithuania and other regulations.
8.9 Buyer’s data shall be stored and processed by the Seller in accordance with relevant provisions of personal data protection legislation.
8.10 By familiarising with present Rules, the Buyer confirms that he/she is aware that cookies files (files sent from web server) shall be placed in his/her computer during browsing sessions on online store.
9. Sending and receiving information
9.1 All notifications to the Seller must be sent by e-mail at the address indicated in section “Contacts” of online store.
9.2 All notifications necessary for the execution of order shall be sent to the Buyer at e-mail address and/or telephone number specified in Buyer’s order form.
9.3 The Seller shall not be liable if the Buyer does not get information or confirmation notifications due to internet connection or electronic mail service providers’ networks failures, messages assigned to SPAM category or incorrect data provided by the Buyer.
9.4 The Seller shall have the right to organize various promotions and offers on online store and to discontinue them. Any amendments to the conditions or procedure of promotions shall come into force from the moment of amendment or cancellation.
10. Final provisions
10.1 The Seller shall have the right to unilaterally amend present Rules. Amended Rules shall come into force from the moment of publication thereof on online store. When the customer purchases goods on online store, he/she shall be subject to the Rules applicable on the moment of placing the order. If following the amendment of the Rules the Buyer uses the services of online store and places an order, it shall be considered that the Buyer accepted revised Rules.
10.2 The Buyer shall have the right and is invited to print present Rules for future reference.
10.3 Under significant circumstances, the Seller shall have the right to temporarily or completely suspend the activity of online store without notifying the Buyer in advance. However, this shall not release the Seller from the performance of obligations already assumed.
10.4 If the Buyer does not use the services of online store for extended periods of time, his/her account may be deleted. Buyer’s possibility to use online store or login account may be cancelled, restricted or suspended immediately and without any notice only if the Seller suspects that the Buyer poses a threat to the stability and security of online store or violated his/her obligations.
10.5 Present Rules and legal relationships between the Buyer and the Seller shall be regulated by the law of the Republic of Lithuania. All disputes arising in connection with the performance of present Rules shall be negotiated. In case of failure to negotiate, disputes shall be settled under procedure provided for in legislation of the Republic of Lithuania. The dispute may be settled under out-of-court procedure in State Consumer Rights Protection Authority or Lithuanian Chamber of Assay within the competence of these institutions.