- "Account" means the result of the Buyer's registration in the E-Shop, where a personal account is created and where the Buyer’s data and Order history are stored.
- "Agreement" means the distance agreement for the sale of Goods between the Buyer and the Seller, consisting of the Order and these Terms.
- "Buyer" means a natural or legal person who uses the E-Shop and purchases Goods from it. The Buyer shall be deemed to be only a natural or legal person who, in accordance with the applicable law, is entitled to use the E-Shop and purchase Goods without additional consents.
- "Business Day" means any day from Monday to Friday (except public holidays) on which commercial banks are generally open for banking operations in the Republic of Lithuania.
- "E-shop" means the online shop located on the website at www.capsule.love.
- "Goods" mean tangible items, including gift packaging, and electronic or paper gift cards (hereinafter referred to as the "Gifts Cards") which the Buyer may purchase in the E-Shop in accordance with the terms and conditions set out in these Terms.
- "Order" means a list of Goods selected by the Buyer for purchase, which shall be submitted to the Seller electronically after all the steps for ordering the Goods have been completed on the E-Shop.
- "Parties" mean the Buyer and the Seller together.
- "Party" means the Buyer or the Seller.
- "Seller" means Spinta, UAB, legal entity code 302306116, VAT number LT100004564215, address Gedimino ave. 28, LT-01104 Vilnius, the Republic of Lithuania, [email protected] (for customer service issues), and [email protected] (for all other inquiries). Data about the Seller shall be collected and stored in the Register of Legal Entities.
- "Terms" mean the following general terms and conditions for the use of the E-Shop and for the purchase of Goods in the E-Shop.
- "Third Party" means any natural or legal person who is not the Party to the Agreement.
- These Terms apply when the Buyer visits the E-Shop and/or purchases the Goods offered in the E-Shop. The Terms shall be deemed to be a legally binding agreement between the Seller and the Buyer.
- By accepting the General Terms and Conditions, the Buyer confirms that the Buyer has read these Terms in detail, agrees to their terms, conditions, and undertakes to abide by them in the use of the E-Shop and the purchase of the Goods.
- The Seller assumes no risk or liability if the Buyer has not read these Terms in whole or in part, even if given the opportunity to do so.
- If the Seller has entered into a separate agreement with the Buyer, the provisions of the separate agreement apply to the purchase of Goods and these Terms apply only to the extent consistent with the requirements of said agreement.
- RIGHTS AND OBLIGATIONS OF THE BUYER
- The Buyer has the right to use the E-Shop and purchase the Goods in accordance with these Terms.
- The Buyer undertakes:
- to use the E-Shop and purchase the Goods in good faith, without violating these Terms and applicable legislation;
- to provide only correct data when purchasing the Goods;
- if any data provided in the Account are incorrect or changed, to update the data when placing a new Order. The Seller shall not be liable for any damage caused to the Buyer and/or Third Parties if the Buyer provides inaccurate, incorrect, incomplete data in the Account, or does not promptly correct the changed personal data;
- not to disclose your Account login details to Third Parties. If the Buyer loses login details, the Buyer must immediately inform the Seller;
- not to use the identity of a Third Party, create Accounts in the name of non-existent persons and/or publish any personal information related to a Third Party;
- to pay for the Goods ordered in accordance with these Terms;
- to collect the Goods ordered in accordance with these Terms;
- to inspect the Goods purchased and ensure that the Goods received are the Goods ordered by the Buyer before using them.
- RIGHTS AND OBLIGATIONS OF THE SELLER
- The Seller has the right:
- to indefinitely block or cancel the Buyer's Account without prior notice to the Buyer if it becomes aware that the Buyer is in breach of the obligations set out in Section 3 of these Terms. The Seller's decision to block and/or cancel the Account depends on the extent and duration of the breach and whether the breach is of substantial importance to the Seller's business. In the event that the Buyer's Account is blocked or cancelled, the Buyer will be notified within a reasonable period of time by the email address specified in the Account;
- to restrict purchases of Goods that have the characteristics of a bulk purchase, i.e. the Seller shall have the right to refuse to accept and/or execute the Buyer's Order(s) where the Buyer orders unusually large quantities of Goods in the retail trade, whether the Goods are ordered by a single order or a series of orders placed within a relatively short period of time or where the Buyer's Order has the characteristics of a wholesale purchase;
- temporarily or permanently discontinue the operation of the E-Shop without prior notice to the Buyer. In such case, the Orders placed before the termination of the operation shall either be executed in full, or the Buyer shall be informed of the termination of the operation of the E-shop and shall be refunded the total price of the Goods paid.
- The Seller undertakes:
- to enable the Buyer to use the E-Shop under the conditions set out in these Terms;
- to execute the Orders placed in accordance with the procedures set out in these Terms;
- to comply with any other obligations set out in these Terms and applicable legislation.
- Offers to purchase the Goods and the prices given shall be valid for as long as they are visible in the E- Shop, except in special cases where the duration of validity of the offer is clarified in the E-Shop. Discounts and promotions do not apply to Gift Cards.
- All information about the Goods, quantities available, their features, prices and additional costs, if any, are set out in the descriptions of the Goods in the E-Shop.
- Gift Cards shall be virtual cards delivered to the Buyer at the e-mail address indicated by the Buyer or the paper cards delivered to the Buyer at the post address indicated by the Buyer.
- Gift Cards are valid for 6 months.
- Gift cards are non-refundable and are not redeemable for cash. If the Buyer does not spent the entire amount of the Gift card at once, the difference is not refunded, but the Buyer can pay the price difference if it exceeds the amount of the Gift card.
- The Seller draws attention to the fact that the photos of the Goods displayed in the E-shop are of an illustrative nature and the color, shape or other parameters of the Goods may not correspond to the actual size, shape and color of the Goods, due to the characteristics of the software used by the Buyer. The Buyer should in all cases refer to the description of the Goods on the E-Shop.
- The Goods shall remain the property of the Seller until paid for in full.
- BUYER ACCOUNT
- The Buyer has the right to create an Account by registering on the E-Shop. During the registration process, the Buyer must enter their full name, specify other data necessary for the execution of the Orders and create a password.
- The Buyer is responsible for the security of the Account password. Any actions performed on the Buyer's Account will be deemed by the Seller to be the actions of the Buyer. The Seller shall not be held liable for any loss or damage resulting from the Buyer's failure to comply with the Account Security Obligations set out in this section of these Terms.
- The Buyer undertakes to inform the Seller immediately if they become aware of any unauthorised use of the E-Shop or unauthorised access to the Buyer's Account.
- In order to delete their Account, the Buyer must notify the Seller at the e-mail address specified in the account.
- The Buyer's Account shall be automatically removed if the Buyer has not logged in for (five) 5 years since the last login.
- The Buyer understands and agrees that the Buyer does not have ownership rights to the Account. The Seller has the right to cancel, delete or block the Buyer's Account and delete all content associated with the Account at any time and without prior notice if the Seller believes that the Buyer has violated these Terms and/or applicable legislation. After the actions referred to in this clause have been taken, the Buyer will be informed of them within a reasonable period of time by the e-mail address specified in the Account.
- CONCLUSION OF THE AGREEMENT
- The Buyer may purchase the Goods after registering in the E-Shop and creating an Account or without registering an Account, but providing the necessary data for the Order of the Goods.
- The Buyer may be sent informative messages to the e-mail address and/or telephone number provided by the Buyer, which are necessary for the execution of the Order.
- It is the responsibility of the Buyer to ensure that the data provided by the Buyer for the Order is accurate, correct and complete. If the data provided by the Buyer at the time of registration of the Account changes, the Buyer must update it without delay. In no event shall the Seller be liable for any damage caused to the Buyer and/or Third Parties because of the Buyer's provision of incorrect and/or incomplete personal data, or failure to amend and update the data after the data have changed.
- When placing an Order, the Buyer may choose the type, quantity and delivery method of the Goods.
- The Buyer shall pay for the Goods in accordance with the procedures set out in Section 8 of these Terms.
- Once the Buyer has selected the Goods and completed all the steps of ordering the Goods, the last of which is the payment for the Goods, the Buyer and the Seller shall be deemed to have entered into a sale and purchase relationship and to have entered into the Agreement.
- The Seller shall confirm the Order by sending a corresponding notification to the Buyer's e-mail.
- By accepting (agreeing to) these Terms in accordance with the procedure set out in these Terms, the Buyer agrees that in exceptional cases, under objective circumstances, the Seller may not approve an Order, or may cancel and void an approved Order, by refunding to the Buyer all sums paid for the Goods and their shipment if, due to, including but not limited to, technical error, other objective reasons beyond the Seller's control, the Seller is unable to fulfil the Order or the fulfilment of the Order would take an unreasonably long time. The Buyer shall be immediately informed of the termination of the execution of the Order or the change of the delivery date of the Goods via the e-mail address indicated by the Buyer. If the Buyer does not agree with the changed delivery date, the Order shall be cancelled, and the Buyer shall receive a full refund of the amount paid for the Goods and their delivery.
- If the Buyer starts placing an Order but does not complete it, i.e., does not make the payment, the Agreement shall be deemed not to have been concluded.
- PAYMENT FOR THE GOODS
- The price applicable to the Buyer's Order shall be the price given at the time of placing the Order.
- The prices of the Goods, including the then applicable rate of value added tax (VAT) and other taxes, if any, shall be given in euros. The prices of the Goods given on the E-shop does not include delivery costs. The delivery costs of the Goods shall be indicated when the Buyer has chosen the specific method of delivery of the Goods.
- Unless otherwise stated, the Buyer shall bear delivery costs.
- The Buyer is responsible for the payment of customs duties, both on purchase and on return of the Goods. In the event that the Goods are not cleared and returned to the Seller in accordance with the Conditions, the customs duty paid by the Seller shall be deducted from the amount to be refunded to the Buyer for the Goods.
- The Buyer may pay for the Goods in one of the following ways: Klarna, Apple Pay, Stripe, Google Pay, PayPal, Montonio.
- The Buyer's credit card information is not stored by the Seller, so the entire payment process is completely safe and secure.
- The Order shall be confirmed and commence when the Seller receives payment for the Goods (when payment is credited to the Seller's bank account). The Seller reserves the right not to dispatch the Goods if payment has been refused or if there are other problems with the payment.
- DELIVERY OF THE GOODS
- When purchasing the Goods, the Buyer shall choose the method of delivery of the Goods and provide the exact delivery address for the Goods.
- The Goods may be delivered within the EU and certain other countries. You will find out if the Gods are delivered to the specified location by entering the address in the delivery address field.
- The Goods may be delivered via self-service terminals or by courier. The specific delivery price shall be indicated in the E-Shop before the Order is confirmed.
- The delivery dates for the Goods shall be set out in the descriptions of the Goods.
- In all cases, the Seller shall be exempt from liability for breach of the delivery deadlines if the Goods are not delivered to the Buyer or are not delivered on time due to the Buyer's fault or due to force majeure circumstances.
- If the Goods are to be delivered to the general address specified in the Order, the Buyer agrees that the Goods shall be deemed to have been delivered upon actual delivery to the said specified general address, even if a Third Party accept the Goods. From the moment of delivery of the Goods, all risk with respect to the Goods shall pass from the Seller to the Buyer, even if the Goods have been delivered to a Third Party (upon acceptance at the general address specified in the Order).
- If the Goods are delivered via self-service terminals, the Buyer shall check the condition of the consignment (whether the outer packaging is intact), as well as the quality of the Goods and whether the Goods are undamaged. The Buyer shall inform the Seller immediately upon noticing any damage or defects in the outer packaging of the consignment or the Goods (the outer packaging of the consignment or the Goods are wrinkled, wet or otherwise externally damaged) and any other discrepancies.
- If the Goods are delivered by courier service, at the time of delivery of the Goods, the Buyer shall, together with the person delivering the Goods, inspect the condition of the consignment of the Goods, the completeness of the Goods. Once the Buyer has signed a document evidencing the handover of the consignment (e.g. a VAT invoice; a bill of lading or any other document evidencing the handover of the consignment), the consignment shall be deemed to have been handed over in proper condition. If the Buyer notices that the packaging of the delivered consignment has been damaged, the Buyer shall note this in the document marking the handing-over and acceptance of the consignment and, in the presence of the person delivering the consignment of the Goods, draw up a free-form consignment damage report. If the Buyer fails to inspect the consignment and fails to execute a free-form consignment damage report in accordance with the prescribed procedure, the Seller shall be exempted from liability with respect to any damages to the Goods to the extent that such damages are attributable to breaches of the packaging and the incompleteness the Goods.
- The Seller undertakes to sell to the Buyer Goods of high quality.
- Goods shall be guaranteed for 2 (two) years from the date of delivery, unless otherwise provided by applicable legislation.
- The guarantee of the quality of the Goods does not cover defects in the Goods which are not caused by the fault of the Seller or the manufacturer of the Goods. No guarantee shall apply where the defect to the Goods is due to negligence or carelessness, external influences, natural wear and tear, use and care not in accordance with normal practice.
- REPLACEMENT AND RETURN OF LOW-QUALITY GOODS
- If the Goods do not comply with the quality requirements, the Buyer shall be entitled to demand, in accordance with the procedures provided for by law, that the appropriate quality of the Goods is ensured, a proportionate reduction in the price of the Goods is made, or to terminate the Agreement unilaterally. In this case, the Buyer must provide the Seller with a document confirming the purchase of the Goods.
- The Buyer shall not be entitled to terminate the Agreement if the defect in the Goods is minor.
- In order to exercise the rights set out in this section of the Terms, the Buyer shall notify the Seller of the non-compliance of the Goods with the quality requirements at the latest within two months from the date of the discovery of non-compliance.
- Repair or replacement of the Goods:
- the Seller undertakes to ensure that the Goods shall be repaired or replaced free of charge in the case provided for in this section of the Terms and within a reasonable period of time from the moment when the Buyer has informed the Seller in writing of the defective quality of the Goods;
- the Buyer returns the Goods to the Seller for repair or replacement. In the case of replacement Goods, the new Goods shall be sent to the Buyer only after the Seller has received the low-quality Goods.
- The cost of returning the defected Goods shall be borne by the Seller.
- In the event of termination of the Agreement by the Buyer according to the terms prescribed in the legislation:
- the Buyer shall return the Goods to the Seller at the Seller's expense;
- the Seller shall, on receipt of the returned Goods or evidence provided by the Buyer that the Goods have been dispatched, refund to the Buyer the price paid for the Goods in no later than fourteen days.
- In case the Buyer has an Account, the actions set out in this section of the Terms (replacement, return of the Goods) can be performed by logging into the Account and providing the requested information.
- In the cases provided for in this section of the Terms, the Goods shall be returned to the Seller at:
Paulini / Spinta UAB
Moravų st. 7
LT11329, Vilnius, Lithuania
Tel. +370 689 05555
E-mail: [email protected]
- INFORMATION ON WITHDRAWAL FROM THE AGREEMENT
- Right of withdrawal: the Buyer has the right to withdraw from the Agreement within 14 days without giving any reason. The withdrawal period shall expire 14 days after the date on which the Buyer or a person, other than the carrier, designated by the Buyer has received the Goods ordered.
- In order to exercise the right to withdraw from the Agreement, the Buyer shall notify the Seller of their decision to withdraw from the Agreement by an unambiguous statement (e.g., by post or email). The Buyer may use the attached withdrawal form (Appendix 1), but this is not mandatory. To comply with the withdrawal period, it shall be sufficient for the Buyer to send a notification to [email protected] of the exercise of his right to withdraw from the Agreement before the expiry of the withdrawal period.
- The Goods must be returned to the Seller by post machine or at
Paulini / Spinta UAB
Moravų st. 7
LT11329, Vilnius, Lithuania
Tel. +370 689 05555
E-mail: [email protected]
The Seller may apply a free return at the post machine specified by the Seller for Goods delivered in Lithuania or other countries, if such information is clearly published in the Eshop.
- Consequences of withdrawing from the Agreement:
- upon the exercise by the Buyer of their right to withdraw from the Agreement, the obligations of the Parties to perform the Agreement shall cease;
- the Seller undertakes to reimburse to the Buyer all sums paid by the Buyer, including the delivery costs paid by the Buyer, without delay and at the latest within fourteen days from the date on which the Seller receives the returned Goods or the Buyer provides proof that the Goods have been dispatched to the Seller, whichever is the earlier. When refunding the Buyer all sums paid, the Seller undertakes to use the same method of payment as that used by the Buyer to pay the Seller for the Goods, unless the Buyer has explicitly agreed to a different method;
- The Seller shall not be obliged to reimburse the Buyer for any additional costs incurred as a result of the Buyer's explicit choice of a method of delivery other than the cheapest usual method of delivery proposed by the Seller;
- The Buyer shall, without delay and at the latest within fourteen days from the date of giving notice of withdrawal to the Seller, dispatch, or hand over the Goods to the Seller. In the territory of the Republic of Lithuania, the Goods shall be returned free of charge in accordance with the procedures set out in this section of the Terms. Outside the Republic of Lithuania, the Buyer shall bear only the direct costs of returning the Goods;
- The Buyer, in the case of return of the Goods as provided for in this section of the Terms, shall be liable only for the decrease in the value of the Goods resulting from actions not necessary to determine the nature, characteristics and performance of the Goods, but the returned Goods shall be intact, in the original and neat packaging, with labels, protective measures, in full completeness, with all accessories, if any, attached to the Goods, without loss of merchandise appearance or characteristics, and unused;
- The Seller shall have the right to refuse to accept the Goods returned by the Buyer in accordance with the procedure set out in this section of these Terms, if the returned Goods do not comply with the requirements set out in these Terms and the applicable legislation, due to the Buyer's actions, which are unnecessary to determine the nature, characteristics and performance of the Goods.
- The Buyer's right to withdraw from the Agreement and to return or exchange Goods of satisfactory quality shall not apply to Goods where such exclusion is provided for by law, including but not limited to, Goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons, gift packages, part of goods that form part of a set of goods.
- In addition to the statutory right of withdrawal set out above, the Seller grants an additional right to return the Goods within 30 days from the date of receipt of the Goods. In this case, the return of the Goods shall be subject to all the requirements set out earlier in this section of these Terms.
- The right of withdrawal provided for in this section of the Terms shall not apply to a Buyer who is not considered a consumer under the applicable legislation, i.e., a Buyer who purchases the Goods for purposes related to his business, trade, craft or profession.
- If the Buyer returns the Good, they must also return the gifts that were given to the Buyer as a result of the purchase of the returned Good or the corresponding payment, if after returning the Good, the purchase does not reach the amount for which the gift was given.
- INTELLECTUAL PROPERTY RIGHTS
- All content of the E-shop, including all texts, graphics, images, photographs, any footage or visual material/recordings, trademarks, logos, other visual signs, illustrations, graphic design of the E-shop, software code and/or individual parts of all of the above mentioned objects, domains, etc. (hereinafter referred to as the "Seller’s Content"), is the Seller's or a Third Party’s intellectual property, which is protected by the laws of the Republic of Lithuania and the international legal acts regulating the copyrights and the rights of intellectual property.
- The Buyer understands that by using the E-Shop and purchasing the Goods, the Buyer does not acquire any rights to the Seller’s Content and may only use the Seller’s Content in accordance with these Terms. The Buyer may use the Seller's Content without the consent of the Seller or a Third Party holding the relevant intellectual property rights for personal and informational purposes only.
- The Buyer who infringes the Seller's or Third Parties' intellectual property rights shall be liable to compensate for damages resulting from such infringement.
- The Buyer, having purchased the Goods in the E-shop and complying with the other requirements set out in this section of the Terms, may be asked to evaluate the purchased Goods by submitting his/her review in accordance with the procedure set out in the Terms.
- Buyers who may be asked to provide the Goods review shall be selected by the Seller randomly.
- Buyers’ reviews published in the E-Shop are placed in random order.
- The E-shop may also, with the Buyer's consent, publish reviews of the Goods that have been left by the Buyer on the Seller's Facebook account. In this case, the Seller verifies the authenticity of the review, i.e., whether the specific Buyer has purchased the specific Goods about which the review has been left before posting such review on the E-Shop.
- THIRD PARTY CONTENT
- The E-shop may contain hyperlinks to other websites and content controlled by Third Parties. The Buyer understands and agrees that the Seller shall not accept any responsibility for the content of Third Parties (hereinafter referred to as the "Content"). A hyperlink from the E-Shop to the Content does not imply that the Seller endorses or is responsible for such Content. The Buyer is solely responsible for their use of the Content and does so at their own risk.
- The Seller makes no guarantees or statements whatsoever with respect to the Content (including but not limited to, no guarantee as to the accuracy of such content, and no liability for the quality of the products or services contained in the Content). The Buyer understands that any information that can be accessed through hyperlinks to other websites is the sole responsibility of the Third Party who provided that Content.
- The Parties shall be liable for non-performance of their obligations under these Terms in accordance with the procedures set out in these Terms and/or in accordance with the applicable legislation.
- The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure circumstances. Force majeure circumstances shall be understood as defined in the applicable legislation.
- The Seller does not guarantee and is not responsible for the uninterrupted operation of the E-Shop. The Buyer acknowledges that the Seller is not responsible for the internet access services.
- PROVISION OF INFORMATION
- Notifications relating to the execution of the Order shall be sent to the e-mail and/or telephone number indicated by the Buyer. The Seller shall not be liable if the Buyer does not receive the sent information or confirmation messages due to internet connection, network disruptions of the email service providers, messages sent to the SPAM directory or incorrect data provided by the Buyer.
- The Buyer may submit all notifications, claims, requests and questions to the Seller using the contacts provided in Clause 1.11 of these Terms.
- AMENDMENT OF TERMS
- The Seller shall have the right to change, amend or supplement these Terms at any time. Unless otherwise provided, the Buyer shall be informed of any changes to the Terms in the E-shop and the changes to the Terms shall become effective immediately upon their publication in the E-Shop. If the Buyer does not agree to the new Terms, the Buyer should no longer use the E-Shop and should not purchase the Goods.
- The current and valid version of the Terms is always available in the E-Shop. The version of the Terms in force at the time the Order is placed shall apply to the specific Order.
- FINAL PROVISIONS
- These Terms and the purchase of Goods shall be governed by the law of the Republic of Lithuania unless otherwise provided by applicable legislation. Any disputes arising out of these Terms or the Goods for sale shall be settled and referred to the competent courts of the Republic of Lithuania unless otherwise provided by applicable legislation. Where the Buyer is not a consumer as defined under applicable legislation, disputes shall be settled in the first instance by the competent court in Vilnius.
- The Seller may assign all of their rights and obligations under these Terms without the consent of the Buyer, who is a consumer (as such term is defined under applicable legislation), provided that such assignment does not impair the Buyer's position under these Terms and does not diminish the guarantees afforded to them.
- If the Buyer has a complaint, the Buyer can outline and submit it to the Seller at the contacts specified in these Terms. The Seller undertakes to respond to such claims of the Buyer within 14 (fourteen) calendar days from the date of receipt of the Buyer's request. If the Buyer is considered as a consumer under the applicable legislation, the Buyer also has the right to resolve the dispute by contacting the State Consumer Rights Protection Service of the Republic of Lithuania (Vilniaus g. 25, 01402 Vilnius, Republic of Lithuania, email: [email protected], tel. 852626751, website: vvtat.lt), or the territorial offices of the State Consumer Rights Protection Service, or by completing an application form on the EGS platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT .
SAMPLE WITHDRAWAL FORM
Fill out and hand in this form only if you wish to withdraw from the agreement to:
I hereby give notice that I withdraw from my agreement:
Order number and date:
Full name of the consumer:
Consumer's address, email, phone number:
Signature of the consumer: