Shop rules

1. General Provisions

1.1 The rules for purchasing Goods in the online store (hereinafter – the Rules) shall apply when placing an order with Deimantų fabrikas UAB, company number: 304175384, VAT payer number: LT100010143613, registered office address: Fabijoniškių g. 5C-1031, Vilnius, LT-06335 Vilnius, sales outlets addresses: Stiklių g. 9/Gaono g. 10, Vilnius; Karaliaus Mindaugo pr. 49, Kaunas; Taikos pr. 61, Klaipėda; Vytauto g. 98, Palanga; the data is collected and stored with the Register of Legal Entities of the Republic of Lithuania, (hereinafter – the Seller), in its Online Shop: www.factorybyribas.com

1.2 By placing an order in the Online Shop, the Buyer confirms that he/she accepts the Rules and, in accordance with Clause 2.1 of the Rules, he/she shall have the right to purchase Goods in the Online Shop.

1.3 The Seller shall have the right to involve third parties into performance of the contract.

2. Ordering Goods – Concluding a Contract.

2.1 All legal and natural persons over the age of majority, as well as minors between the ages of 14 and 18 with the consent of their parents or guardians, may make purchases in the Online Shop, unless they are independently disposing of their earnings. By accepting the Rules, the Buyer guarantees that he/she meets these conditions.

2.2 When the Buyer visits the Online Shop, he/she chooses the Goods he/she likes. A shopping cart shall be formed on the basis of his/her choice.

2.3 Before confirming the shopping cart, the Buyer must make sure that only the Goods he/she wishes to purchase have been added thereto and the data are correct.

2.4 The contract between the Buyer and the Seller shall be deemed to have been concluded from the moment the Seller sends the Buyer a confirmation that the order has been confirmed and the Buyer has made the payment to the e-mail address or order account indicated in the Buyer’s signup form. Payment shall be deemed to have been made from the moment the funds are actually credited to the Seller’s bank account.

2.5 Each contract concluded between the Buyer and the Seller shall be stored in the Online Shop.

2.6 The Seller reserves the right to consider the contract of sale as not concluded if the Buyer does not provide all the required data or parameters for the delivery or the ordered Goods, makes an incomplete or partial payment, or if the contract of sale cannot be concluded due to any other objective reasons set out in the Rules.

2.7 The Buyer shall be fully responsible for the accuracy of the data provided in the signup form.

2.8 The Buyer shall be obliged and undertakes to protect his/her login data and not to disclose them to third parties. All actions performed using the Buyer’s login data shall be deemed to have been performed by the Buyer and the Buyer shall assume full responsibility for any actions performed using his/her login data.

3. Price of Goods and Payment.

3.1 The final price of the Goods including VAT shall be specified in the Online Shop. The price of the Goods shall not include the delivery charge payable by the Buyer. In the cases foreseen by the Seller, the Goods may be delivered free of charge. If customs duty or any other tax is applicable on delivery of the Goods abroad, it shall be paid by the Buyer.

3.2 The exact price of the Goods, the delivery charge and the estimated delivery time shall be specified in the order confirmed by the Seller.

3.3 The Buyer shall pay for the ordered Goods via Kevin and Paypal after specifying the card details, as well as by using SB Leasing and ESTO Leasing services.

3.4 The Buyer undertakes to pay for the confirmed order within two (2) calendar days from the date of confirmation of the order. If the Buyer fails to pay the order in full within two (2) calendar days, the Buyer shall be deemed to have abandoned the order and the order shall be cancelled without any separate notification to the Buyer.

4. Delivery of Goods.

4.1 The Goods shall be dispatched to the address specified by the Buyer within one to two (1 to 2) business days after receipt of full payment for the Goods and shipping costs to the Seller’s account.

4.2 Normally, the parcel shall reach the Buyer within 1 to 3 (one to three) business days in Lithuania and within 2 to 7 (two to seven) business days abroad after the Goods have been dispatched. The Seller shall not assume responsibility and shall not be liable for the delivery time of third parties.

4.3 The Seller shall in all cases be released from liability for late delivery of the Goods if the failure to deliver the Goods to the Buyer on time is due to the fault of the Buyer or to circumstances beyond the Seller’s reasonable control, including, but not limited to, the acts or omissions of any third party delivering the parcel.

4.4 Upon delivery of the Goods to the address specified by the Buyer, the Goods shall be deemed to have been transferred to the Buyer irrespective of whether they are actually accepted by the Buyer or by any other person who has accepted the Goods at the specified address. The Seller shall not be liable for, and shall not verify, whether the Goods are accepted by the person specified in the order.

4.5 If the Buyer provides an incorrect or incomplete delivery address or fails to accept the Goods from the delivery service provider within the maximum retention period, the Buyer shall be liable to pay the Seller’s additional costs for the return of the parcel and for the re-shipment of the Goods to the Buyer’s corrected address.

4.6 Upon delivery of the Goods, the Buyer (the Buyer’s representative) undertakes and shall be obliged to inspect the condition of the packaging of the parcel of Goods, the quantity of the Goods, the quality of the Goods (obvious defects) and their range. In the event of finding out any damage to the packaging of the parcel of Goods, the Buyer (the Buyer’s representative) must indicate this in writing to the person who has delivered the parcel on the document of acceptance of the parcel of Goods or refuse to accept the parcel. The Buyer must inform the Seller immediately and provide photographs of the damaged parcel and/or Goods. In the event of finding out any discrepancy(s) in the quantity and/or quality and/or range of the Goods, the Buyer (Buyer’s representative) must not accept the parcel. When the Buyer (Buyer’s representative) accepts the parcel of Goods and signs the relevant delivery document without comments, it shall be deemed that the Goods have been delivered in an undamaged parcel packaging, the quantity and the range of the Goods are in accordance with the terms and conditions of the order, and the Goods are free from any obvious defects.

4.7 If, for important reasons or technical problems, the Seller is unable to deliver the Goods ordered by the Buyer, the Seller undertakes to offer the Buyer an analogue product and, if the Buyer refuses to accept the analogue product, to refund the money paid by the Buyer within 14 days from the moment of refusal. In this case, the Seller shall be released from liability for non-delivery of the Goods.

5. Warranty of Goods.

5.1 The details of the Goods sold in the Online Shop shall be set out in the product description attached to each product.

5.2 The colour, shape or other parameters of the Goods presented in the Online Shop may not correspond to the actual size, shape and colour of the Goods due to the characteristics of the display used by the Buyer. This shall not be deemed to be a defect in the quality of the Goods or a discrepancy with the description of the Goods.

5.3 The quantities of the Goods shown in the photographs in the Online Shop shall not always relate to the price of the Good – there may be shown more Goods than one unit price. Units of measurement shall be indicated in the product description.

5.4 The Seller shall provide warranty to the quality of the Goods (statutory quality warranty). The Seller may provide a quality warranty for different Goods for a certain period of time, the specific term and other conditions of which shall be specified in the description of such Goods. The Goods shall be covered by a 2 to 5-year warranty.

5.5 The Buyer shall be informed that jewellery may scratch on contact with each other or with other surfaces and shall be advised to keep the jewellery separate from each other, to avoid contact with sharp surfaces, and to protect the jewellery from knocks and other possible mechanical damage. Jewellery must also be protected from contact with chemicals, sudden changes in temperature, heat, salt-laden or chlorinated water. Jewellery can discolour and oxidise, especially if it is not worn or if it is stored in a humid room. These changes do not constitute a non-compliance of the product with quality requirements. Jewellery must be cleaned with special materials and tools to avoid damaging the surface.

6. Right of Withdrawal from the Contract of Sale (for Consumers Only).

6.1 Pursuant to Clause 17.12 of the Rules of Retail Trade approved by Resolution No 697 of the Government of the Republic of Lithuania of 11 June 2011 (wording of 29 July 2014), high quality pearls, precious stones, precious metals and precious metal articles, with the exception of imitation costume jewellery, purchased in the locally-owned retail outlets (codes according to the Combined Nomenclature 7101 to 7116, 7118), shall be non-replaceable and non-refundable.

6.2 The Buyer-Consumer shall have the right to withdraw from the contract of sale concluded with the Seller in the Online Shop without stating a reason, by notifying the Seller in writing within 14 calendar days from the date of receipt of the Goods. The Buyer shall notify the Seller thereof by e-mail address: [email protected] or by post address: Stiklių g. 9/Gaono g. 10, Vilnius, LT-01131. The notice must clearly state that the Buyer is withdrawing from the contract, returning the Goods and requesting a refund of the money paid, the Buyer’s account to which the Buyer wishes to receive the refund, and the document confirming the purchase of the Goods from the Seller.

6.3 The Buyer-Consumer may only exercise the right to return the Goods if the aforementioned 14-day return period has not been missed. The Buyer shall deliver the Goods to the Seller’s sales outlets at Stiklių g. 9/Gaono g. 10, Vilnius; Karaliaus Mindaugo pr. 49, Kaunas, Kaunas; Taikos pr. 61, Klaipėda, or Vytauto g. 98, Palanga, or shall send them by registered post/courier service to Stiklių g. 9/Gaono g. 10, Vilnius, with serving them over to the consignee. The cost of returning the Goods shall be borne by the Buyer. The risk of loss or damage to the Goods shall be borne by the Buyer until the Goods are served over to the Seller.

6.4 According to Clause 6.2 of the Rules, the returned Goods must be undamaged, with no signs of mechanical damage, without loss of merchantable appearance, with all labels intact and quality certificates, in the neat original packaging and unused. In the event of defects in the Goods or their packaging or signs of wear and tear, the withdrawal from the contract of sale shall not be allowed and the Seller shall have the right not to accept the returned Goods and not to refund the money to the Buyer. In this case, the Buyer shall have the right to collect the Goods from the Seller.

6.5 The Buyer-Consumer who has withdrawn from the contract of sale in accordance with Clause 6.2 of the Rules shall receive a full refund of all monies paid for the Goods, including the cost of delivery of the Goods to the Buyer, provided that the Goods have been returned within the prescribed time limit and comply with the requirements of Clause 6.3 of the Rules. The Buyer must pay the direct costs of returning the Goods. Upon receipt of the returned Goods, the Seller shall refund the money to the Buyer-Consumer to the bank account specified by the Buyer-Consumer only after having inspected the returned Goods at the Lithuanian Assay Office to ensure that the Goods are returned in the same condition as they were dispatched. Inspection of returned Goods at the Lithuanian Assay Office shall be the Seller’s right, but not its obligation. The Seller undertakes to refund to the Consumer all amounts paid, including the delivery costs paid by the Consumer, no later than within fourteen (14) days from the date on which the Seller receives the Consumer’s notice of withdrawal.

6.6 Pursuant to Clause 6.2 of the Rules, the right of withdrawal shall not apply and shall not be exercisable by the Buyer in respect of the Goods manufactured according to the Buyer’s special order, which have not been pre-manufactured, which have been manufactured in accordance with the Buyer’s personal choice or instruction, or which have been expressly tailored to the Buyer’s personal needs (e.g. for example, by a change in the size of a piece of jewellery, etc.).

7. Defects of Goods.

7.1 Upon receipt of the Goods, the Buyer shall be obliged to inspect them immediately, to check their quality and to ensure that they are free from defects. If the delivered Goods do not meet the quality requirements, the Buyer must immediately contact by the general contacts of the Online Shop in the ‘Contacts’ tab of the Online Shop, indicating the defect of the Goods, and provide photographs.

7.2 Defects of Goods shall be rectified and faulty Goods shall be replaced or returned in accordance with the requirements of the legislation of the Republic of Lithuania. In all cases, the Buyer shall be obliged to provide a document confirming the purchase of the Goods from the Seller.

7.3 The Goods may not be accepted or replaced if the Buyer fails to notify the Seller within a reasonable time after the Buyer has noticed or ought to have noticed the defect in the Goods and has not specified what requirements the Goods do not meet.

7.4 The Buyer shall deliver the Goods to the Seller’s sales outlet at Stiklių g. 9/Gaono g. 10, Vilnius, or shall send them by registered post/courier service to Stiklių g. 9/Gaono g. 10, Vilnius, with serving them over to the consignee. The Buyer shall be responsible for the shipping costs. The risk of loss or damage to the Goods shall be borne by the Buyer until the Goods are returned to the Seller.

7.5 The Seller shall have the right not to accept the Buyer’s return and not to fulfil the Buyer’s request if the defects in the Goods are due to misuse, mechanical damage or any other action beyond the Buyer’s control, or to natural wear and tear.

7.6 In the event of the return of the wrong Goods and/or the Goods of poor quality, the Seller undertakes to accept them and to rectify the defects or to replace them with a similar Goods of suitable quality. In the event that the Seller does not have Goods suitable for replacement, the Buyer shall be refunded the amount paid, including the delivery charge.

8. Personal Data.

8.1 When placing an order in the Online Shop, the Buyer must provide the data requested at the time of signing up: full name, delivery address, telephone number and e-mail address. The Buyer shall be responsible for providing the correct data at the time of signing up.

8.2 The purposes of the processing of the Seller’s data shall be online sales, completion of an order and direct marketing. When processing personal data, the Seller shall collect, record, compile, store, classify, alter (add or rectify) and delete the Buyer’s data.

8.3 Data processed by the Seller: (i) for the purpose of online sales and completion of an order – full name, telephone number, e-mail address, place of residence (address), delivery address, IP information (to check the security of the interface, as well as to adapt the interface language); (ii) for direct marketing purpose – full name, telephone number, e-mail address, address.

8.4 The Seller shall receive personal data directly from the Buyer after the Buyer has signed up for a customer account on the website, initiated the formation of a shopping cart, the placing of an order and the conclusion of a contract of sale.

8.5 By placing an order, the Buyer consents to the processing of the personal data provided by him/her for the purposes of completion and control of the order, and performance analysis. The Buyer also consents to the sending of information messages to the e-mail address and/or telephone number provided by the Buyer to complete the order.

8.6 The Seller may only provide the Buyer’s data to third parties involved in the completion and/or shipment of the order. In no other cases the Seller shall undertake not to disclose the Buyer’s personal data to third parties, except in cases required by a competent State authority in accordance with the procedure provided for by the legislation of the Republic of Lithuania or with the Buyer’s separate written consent.

8.7 The personal data of the Buyer may be processed for marketing purposes only if the Buyer himself/herself expresses his/her consent by filling in the signup form. The Buyer shall have the right to withdraw such consent at any time and to stop receiving newsletters and information.

8.8 The Buyer, having duly verified his/her identity, shall have the right to have access to his/her data held by the Seller and to check how it is processed, to request rectification, destruction of personal data or suspension of data processing when it is processed in violation of the requirements of the legislation, as well as other rights provided for in the Republic of Lithuania Law on Legal Protection of Personal Data and in other normative legal acts.

8.9 The Buyer’s data shall be stored and processed by the Seller in accordance with the relevant provisions of the Personal Data Protection Acts.

8.10 By acquainting with the Rules, the Buyer confirms that he/she has been informed that cookies (files sent from a web server) will be placed on his/her computer when browsing the Online Shop.

9. Sending and Receiving Information.

9.1 All notifications to the Seller must be made to the e-mail address indicated in the ‘Contacts’ tab of the Online Shop.

9.2 The Buyer shall be sent all notifications necessary for the completion of the order to the e-mail address and/or telephone number provided by the Buyer in the order form.

9.3 The Seller shall not be liable if the Buyer does not receive the information or confirmation messages sent due to disruptions in the internet connection, in the networks of the email service providers, if the messages fall into the category of SPAM, or due to the Buyer’s incorrectly provided data.

9.4 The Buyer may organise various promotions and offers in the Online Shop. The Seller shall have the right unilaterally to amend the conditions of promotions and to cancel them without prior notice. Any amendment to or cancellation of the conditions of promotions shall be effective after the amendment or cancellation.

10. Final Provisions.

10.1 The Seller shall have the right unilaterally to amend these Rules. The amended Rules shall come into force from the moment they are published in the Online Shop. When the Buyer purchases Goods in the Online Shop, the Rules in force at the time of placing the order shall apply. If the Buyer uses the services of the Online Shop and places an order after the amendment of the Rules, the Buyer shall be deemed to have accepted the new version of the Rules.

10.2 The Buyer shall have the right and shall be encouraged to print these Rules for future reference.

10.3 The Seller may, in important circumstances, temporarily or permanently discontinue the operation of the Online Shop without prior notice to the Buyer. This shall not release the Seller from fulfilling the obligations already assumed.

10.4 If the Buyer does not use the Online Shop for a long period of time, his/her login account may be deleted. The Buyer’s access to the Online Shop or to his/her login account may also be deleted, restricted or suspended immediately and without notice if the Seller suspects that the Buyer is undermining the stability and security of the Online Shop or is in breach of his/her obligations.

10.5 The Rules and the legal relations between the Buyer and the Seller shall be subject to law of the Republic of Lithuania. Any disagreements arising out of the application of these Rules shall be settled by negotiation. In the event of failure to reach an agreement, disagreements shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania. Disputes may be settled out-of-court before the State Consumer Rights Protection Authority and the Lithuanian Assay Office according to the competence of these authorities.

10.6 The Buyer who considers that his/her rights have been infringed must contact the Seller in writing no later than within three (3) months from the date of the infringement, setting out his/her claims. The Seller must examine the request free of charge no later than within fourteen (14) days and provide a detailed reasoned written reply, supported by documentation. If the problem cannot be resolved, the Buyer shall have the right to appeal to the entity that settles consumer disputes out-of-court (State Consumer Rights Protection Authority, address: Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt) or to the court. The Buyer can submit requests or complaints via the electronic consumer dispute resolution platform http://ec.europa.eu/odr/.