SALE AND PURCHASE AGREEMENT

By ticking the box next to “I accept the Terms and Conditions of Sale and Purchase”, you confirm that you have read and understood the Terms and Conditions of Sale and Purchase and Purchase, and that you undertake to comply with them.

UAB “DU BU”, company code 306354699, registered office address Telšių r. sav., Varnių sen., Sėbų k. 7, LT-88267, hereinafter referred to as the Seller, one party, and the Buyer, any natural person of legal age and authorized representative of a legal person, who purchases goods in the mamazino.eu e-shop or uses other services of the mamazino.eu e-shop, hereinafter referred to as the Buyer, hereinafter referred to as the Buyer, the other party, hereinafter both parties are referred to as the parties, have entered into the following agreement for the purchase of goods in the e-shop www.mamazino.eu, hereinafter referred to as the Agreement:
 
1. GENERAL CONDITIONS OF THE CONTRACT

1.1 By this Contract, the Seller undertakes to sell the Goods to the Buyer for the Buyer’s personal, family or household needs unrelated to business, trade, craft or profession and the Buyer undertakes to take delivery of the Goods and to pay the price as set out in the description of the Goods and in the VAT invoice, which shall form an integral part of this Contract.
1.2 This Contract between the Buyer and the Seller shall be deemed to have been concluded as of the moment when the Buyer, prior to the conclusion of this Contract in the Seller’s electronic shop www.mamazino.eu, has read the written information provided by the Seller in the Seller’s electronic shop about the offered product, the Seller, the price of the sale and delivery of the product, the period during which the offer and the price shall be valid, the Buyer’s right of withdrawal pursuant to the provisions of Article 6. 22810, the procedure for exercising the Buyer’s right to buy the goods, the procedure for payment, the procedure for delivery, the warranties provided by the Seller, as well as with the provisions of this Contract, shall place an order for the goods in the electronic shop www.mamazino.eu, shall make the payment within the procedure and time limits set out in this Contract and shall receive the confirmation of the Seller by e-mail that the Buyer’s order has been accepted and the payment received.
If the Buyer has not, prior to the conclusion of this Contract in the Seller’s electronic shop www.mamazino.eu, familiarised himself in writing with the information provided by the Seller in the Seller’s electronic shop on the offered product, the Seller, the price of the sale and delivery of the product, the period during which the offer and the price are valid, the procedure for the exercise of the Buyer’s right of withdrawal in accordance with the rules of Article 6.22810 of the Civil Code of the Republic of Lithuania, the procedure for payment, the procedure for delivery, the warranties of the product offered by the Seller, and the provisions of this Contract, the Buyer shall not be able to order the products in the www.mamazino.eu shop. Otherwise, the Buyer shall be deemed to have, prior to the conclusion of this Contract in the Seller’s electronic shop www.mamazino.eu, familiarised himself with the written information provided by the Seller in the Seller’s electronic shop about the offered product, the Seller, the price of the sale and delivery of the product, the period during which the offer and the price shall be valid, and the Buyer’s right of withdrawal pursuant to art.6. 22810, the procedure for exercising the Buyer’s right to exercise the Buyer’s right under Article 22810, the procedure for payment, the procedure for delivery, the Seller’s warranties for the goods, as well as the provisions of this Contract, and unconditionally accepted and agreed to the provisions of this Contract in accordance with the information provided by the Seller prior to the Contract conclusion in writing.
As the Seller reserves the right to change, amend or supplement the information provided by the Seller in writing on the Seller’s online shop regarding the product offered, the Seller, the price of the sale and delivery of the product, the period of time during which the offer and the price shall be valid, the procedure for payment, the procedure for delivery, the Seller’s warranties of the product as well as the provisions of this Contract, the Customer is obliged to acquaint himself or herself with the Seller’s entirety with all of the Seller’s information provided by the Seller in the course of each shopping trip in the electronic store www.mamazino.eu.

2. TERMS AND CONDITIONS FOR THE PURCHASE AND SALE OF GOODS

2.1 By this Contract, the Seller undertakes to hand over to the Buyer the ownership of the Goods corresponding to the quality, quantity, range and completeness of the Goods, as set out in the Ordering Document, and the Buyer undertakes to accept the Goods and to pay the sum of money (the Price) stipulated in respect of them.
2.2 The prices of the goods are indicated in the descriptions of the goods in the www.mamazino.eu e-shop and in the order placed. The prices of the goods are quoted in euros including VAT.
2.3 The Buyer shall pay for the goods purchased at www.mamazino.eu through the electronic banking system used by the Buyer at the time of purchase. Each institution collecting payments imposes a service charge and the Buyer must ask the institution for the amount of the service charge. The responsibility for data security in this case rests with the relevant payment collecting institution, as all monetary transactions take place in the payment collecting institution’s electronic banking system.
2.4 Upon receipt of the order document and payment for the goods from the Buyer, the Seller shall prepare the goods specified in the order for dispatch within 2-3 working days at the latest.
2.5 If the Buyer fails to pay for the Goods within the period specified in the invoice, the Seller shall cancel the Buyer’s order and shall not transfer the Goods to the Buyer.
 
3. DELIVERY PRICE, DELIVERY AND ACCEPTANCE OF THE GOODS

3.1. The procedure and rates for delivery services are specified in the payment step.
3.2. Prekių pristatymas:
3.2.1. Goods purchased by the Buyer at www.mamazino.eu are delivered by courier to the address specified by the Buyer in the territory of the Republic of Lithuania or to the Omniva, LP Express or DPD post office specified by the Buyer.
3.2.2. Goods are delivered within 3-5 working days if the ordered goods are in the Seller’s warehouse.
3.2.3. In the event that the goods ordered are not available in the Seller’s warehouse and the Seller is unable to obtain the goods ordered by the Buyer, the Seller shall immediately inform the Buyer and shall refund to the Buyer as soon as possible, but in any event not later than thirty calendar days from the day on which the Seller became aware of the Buyer’s unavailability of the goods ordered.
3.2.4. In the event that the goods ordered are not available in the Seller’s warehouse, but the Seller is able to obtain the goods ordered by the Buyer, the Seller shall, upon receipt of the order, inform the Buyer of this fact and specify the time within which the goods will be delivered. In this case, the delivery period shall not exceed 30 days from the date of conclusion of the contract of sale.

3.2.5.In the event that the goods ordered are not available in the Seller’s warehouse and are ordered directly from the supplier, the Seller shall, upon receipt of the order, inform the Buyer of this fact and specify the time within which the goods will be delivered. In this case, the delivery period shall not exceed 16 weeks from the date of conclusion of the contract of sale.
3.2.6. Prior to delivery, the courier shall contact the Buyer using the contact details provided by the Buyer and arrange a time convenient to the Buyer for delivery.
3.2.7. If the delivery of the goods is impossible due to the Buyer’s fault or due to circumstances beyond the Buyer’s control (the Buyer has given an incorrect address when ordering the goods, the Buyer cannot be found at the given address, etc.), the goods shall not be resent (unless the Buyer has paid an additional charge for the re-delivery of the goods), and the money paid for the goods shall be refunded to the Buyer, minus the delivery fee.
3.4. Receipt of goods:
3.3.2. Upon receipt of the goods, the Buyer shall inspect the goods and, in the absence of any complaint by the Seller as to the quality of the goods, shall confirm in the acceptance deed that the goods have been properly handed over to the Buyer.
3.3.3. If the Buyer has any complaints against the Seller regarding the quality of the Goods at the time of the inspection of the Goods, the Buyer shall indicate such complaints in the Goods Acceptance Deed, which shall be an integral appendix to the present Contract and which shall be delivered to the Buyer at the time of the delivery of the Goods.

 4. WARRANTIES PROVIDED BY THE SELLER

4.1. Contractual guarantee:
The quality guarantee of the Goods shall be established by the Seller of the Goods and/or the manufacturer, distributor, supplier, importer or any other person distributing the Goods on its behalf, in accordance with the statutory requirements. If this type of guarantee is provided, it is noted in the description accompanying the goods.
In this case, if the goods are subject to a fixed warranty period, claims for defects can be brought if the defects are detected within the warranty period. If the component part is subject to a shorter warranty period than the main product, a claim for defects in the component part may be brought within the warranty period of the main product. If the component part is subject to a warranty period longer than the warranty period for the main product, a claim for defects in the component part which are discovered during the warranty period may be brought notwithstanding the fact that the warranty period for the main product has expired.
4.2. Warranty of merchantability:
TIn all cases where the goods have a shelf life, the Buyer may claim for defects in the goods within the shelf life of the goods.
4.3. Statutory guarantee:
Where there is no time limit for guaranteeing the quality of the goods or their suitability for use, the Buyer may bring a claim for defects in the goods within a reasonable period of time, but not later than two years from the date of delivery of the goods to the Buyer, unless any other legislation prescribes a longer period of time.
4.4 Warranty on replaced goods:
When replacing the product or its components during the warranty period, the product or component is not subject to a new warranty period, i.e. the warranty of the main item continues.

5. PROCEDURE FOR EXERCISING THE BUYER’S RIGHT OF WITHDRAWAL

Taking into account that prior to the conclusion of the contract of sale and purchase of goods, the Buyer is provided with detailed information in writing in the online shop www.mamazino.eu about the offered goods, the Seller, the price of sale and delivery of the goods, and the period during which the offer and the price are valid, the Buyer’s right to withdraw from the contract in accordance with the provisions of Article 6 of the Lithuanian Civil Code. 22810 of the Civil Code of the Republic of Lithuania, the procedure for exercising the right to withdraw from the distance contract of sale of goods, the procedure for payment, the procedure for delivery, and the warranties provided by the Seller, and the Buyer has the right to withdraw from the distance contract of sale of goods, without stating a reason, by notifying the Seller in writing within fourteen days from the delivery of the goods, in accordance with Article 6.22810 of the Civil Code of the Republic of Lithuania, prior to the conclusion of the contract of purchase of goods.

5.1. The Buyer shall have the right to withdraw from this Contract within fourteen days from the date of delivery of the Goods without giving any reason.
5.2. If the Buyer decides to exercise the right to withdraw from the Contract granted to him by law, he must inform the Seller of his decision in writing, either by submitting a completed withdrawal form or by providing a clear statement setting out his decision to withdraw. The Buyer must submit the completed withdrawal form/statement of withdrawal to the Seller at www.mamazino.eu via the means of contact and at the addresses indicated in the “Contact” link in the online shop.
5.4. If the Buyer submits the withdrawal by electronic means, the Seller will immediately inform the Buyer of the receipt of the withdrawal by e-mail specified by the Buyer.
5.5. 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. The Buyer shall bear the direct costs of returning the goods.
5.6. The Seller, upon receipt of the Buyer’s notice of withdrawal, must, within fourteen days, take back the goods and refund the money paid for the goods to the Buyer. The Seller reserves the right not to refund any sums paid by the Buyer until the goods have been returned to the Seller.
5.7. The Buyer shall be liable for any diminution in the value of the returned goods resulting from actions not necessary to determine the nature, characteristics and performance of the goods.
5.8. When reimbursing the Buyer in full, the Seller shall use the same method of payment as that used by the Buyer when paying the Seller, unless the Buyer has expressly agreed to a different method.
5.9. The Seller shall not reimburse the Buyer for any additional costs incurred as a result of the Buyer’s express choice of a method of delivery other than the cheapest conventional method offered by the Seller.

 
6. RETURN AND EXCHANGE PROCEDURES

6.2.1. Features of returns and exchanges of non-food items:
If the Buyer has purchased goods of unsatisfactory quality, the Buyer must submit a written request to the Seller, specifying the order number and the name of the goods to be returned, the defects in the goods and the Buyer’s choice of one of the following requirements, i.e. the replacement of the defective product with a product of suitable quality; a corresponding reduction in the price of the product; the elimination of the defects in the product free of charge within a reasonable period of time; the reimbursement of the costs of eliminating the defects in the product if, in the event that the Seller has not eliminated the defects within a reasonable period of time, the defects have been eliminated by the Buyer itself or by the assistance of a third party; the unilateral cancellation of the contract; and the demand for a refund of the money paid for the product.
The Buyer must attach to the request a document confirming the purchase and sale of the goods from the Seller. Failure to provide proof of purchase from the Seller shall result in the Buyer’s claims not being fulfilled.
The Seller, upon receipt of the Buyer’s written request, must provide the Buyer with a detailed reasoned written response within 10 days of receipt of the Buyer’s request at the latest, unless otherwise provided by other legislation.
If the Seller proves that the defects in the goods are due to the Buyer’s breach of the rules of use or storage of the goods, the goods shall not be replaced, the defects shall not be rectified and no refund shall be given.
6.2.2. If the Buyer does not like the shape, size, colour, model or completeness of the goods purchased:
If the Buyer does not like the shape, size, colour, model or completeness of the purchased goods, he/she has the right to replace them with similar goods of a different size, shape, colour, model or completeness within fourteen days from the date of receipt of the non-food goods. If the replacement results in a price difference, the Buyer shall pay the Seller the recalculated prices.
In this case, the Buyer shall submit a written request to the Seller stating his/her preference. The Buyer must enclose with the request a document confirming the purchase and sale of the goods from the Seller. Failure to provide proof of purchase from the Seller shall result in the Buyer’s claims not being fulfilled.
The Buyer may exercise this right only if the goods have not been used, are not damaged and have not lost their merchantable appearance. A change in the appearance of the goods or their packaging, which was necessary to inspect the goods, cannot be considered a change in the appearance of the goods.
In the event that the Seller does not have a replacement product, the Buyer shall have the right to return the product to the Seller within fourteen days from the date of receipt of the non-food goods and to recover the money paid for it.
If the Seller proves that the defects in the goods are due to the Buyer’s breach of the rules of use or storage of the goods, the goods shall not be replaced, the defects shall not be rectified and no refund shall be given.
6.3. Place of return and exchange:
For exchanges or returns, please contact 865020560 or info@mamazino.eu. Once a time and place have been arranged, the goods can be exchanged or returned by courier.
 
7. PROCESSING OF BUYER DATA
7.1. The Seller shall, to the extent required by the terms and conditions for the conclusion and performance of the Contract, be entitled to receive information identifying the Buyer and confirming his right to conclude the Contract. In this case, the Buyer’s personal data shall be used solely for the purposes of the conclusion and performance of the contract in electronic form.
7.2. The personal data provided by the Buyer shall be processed in accordance with the requirements set out in the Law on Legal Protection of Personal Data of the Republic of Lithuania, as well as other legal acts of the Republic of Lithuania regulating the processing and protection of such data.
7.3. The Buyer’s personal data is processed for direct marketing purposes only with the Buyer’s consent.
 
8. FINAL PROVISIONS
8.1. The Parties agree to cooperate in the performance of their obligations under this Agreement.
8.2. The Parties agree to act prudently, honestly and diligently in the performance of their obligations under this Agreement.
8.3. Either party shall be excused from liability for non-performance of its obligations if it proves that those obligations could not have been fulfilled as a result of force majeure which it could not have avoided or defeated.
8.4. A party unable to perform its obligations due to force majeure must notify the other party as soon as possible. Notification must also be given when the grounds for non-performance cease to exist. Failure to give timely notice renders the defaulting party liable for damages for losses that would otherwise have been avoided.
8.5. All notices provided for in the contract or relating to the performance of the contract or the defence of claims arising out of the contract in civil proceedings must be in writing. The Seller shall send all notices and other contacts to the e-mail address or telephone number provided by the Buyer in the registration form, and the Buyer shall send all notices and enquiries to the means of contact and addresses indicated in the “Contact” link in the www.mamazino.eu online shop. In the case of a communication sent by e-mail, it shall be deemed to have been received by the party on the same day on which it was sent, provided that it was sent during working hours. If the communication is sent by registered letter, it shall be deemed to have been received by the addressee ten working days after it was sent.
8.6. The law of the Republic of Lithuania shall govern the relations arising out of this Agreement.
8.7. Disputes over the performance of the contract shall be settled by agreement between the parties. The aggrieved party must submit a written claim to the party in breach of the contract before resorting to the courts. In the event of failure to resolve the dispute within a reasonable period of time provided for in the claim, the dispute shall be settled in accordance with the procedure laid down by the regulatory enactments of the courts of the Republic of Lithuania. The Seller’s costs related to the collection of the Buyer’s debt shall be borne by the Buyer.
8.8. The Annexes to this Agreement shall form an integral part of this Agreement.