MB "Auctum" – MOON struck ONLINE SHOP WWW.MOONSTRUCKSTORE.COM PURCHASE AND SALE RULES

  1. DEFINITIONS

1.1. Purchase and Sale rules - these rules establish the procedure for the delivery and return of goods, the purchase and payment of goods, the procedure for the delivery and return of goods, the liability of the parties - the Buyer and the Seller - and other sale and purchase of goods in the Online shop www.moonstruckstore.com (hereinafter referred to as the Online shop).

1.2. Online shop - www.moonstruckstore.com (an Online shop located on the website, in which the Buyer, having registered and not registered with the Online shop system, can buy the goods offered by Seller.

1.3. Seller - MB "Auctum", acting in accordance with the laws of the Republic of Lithuania with company No. 304787972, VAT reg. no. LT100011958618 address S. Daukanto str. 3-74, LT-44306, Kaunas; web address www.moonstruckstore.com.

1.4. Buyer - a person who complies with the requirements provided for in clause 2.2 of these Purchase and Sale rules and who purchases, or receives goods from the Online shop in form of donation or exchange.

1.5. Recipient - the person indicated by the Buyer to whom the goods ordered by the Buyer are delivered.

1.6. The Sale-Purchase Agreement - the Purchase and Sale Agreement concluded between the Buyer and the Seller, consisting of an application for the order of the goods, which the Buyer submits to the Seller through the Online shop, and the rules for the purchase and sale with subsequent amendments and supplements.

 

  1. GENERAL PROVISIONS

 

2.1. Under this Sale-Purchase agreement, the Seller undertakes to sell and deliver the goods to the Buyer, and the Buyer undertakes to accept the goods and pay the amount determined for them, as well as to reimburse the shipping costs under the terms and conditions set forth in these Purchase and Sale rules.

2.2. The following registered and unregistered persons have the right to purchase goods from the Online shop:

2.2.1. active natural persons, i.e. persons over the age of 18 whose capacity is not restricted by court procedure;

2.2.2. natural persons aged 14 to 18 years old. Minors have the right to purchase goods online at an Online shop only with the consent of their parents, adoptive parents or other authorized persons, unless they are self-employed by their own earnings or personal funds;

2.2.3. legal entities;

2.2.4. authorized representatives of all the above-mentioned persons.

2.3. Trading activity in the Online shop is carried out from the Republic of Lithuania.

2.4. Together with the order of the goods submitted by the Buyer, these rules of sale and purchase become an agreement between the Buyer and the Seller, and both parties are bound by the legal documents.

2.5. The Buyer shall not be entitled to submit the order for goods on the Online shop, if the Buyer is not familiar with the rules of purchase and sale and (or) does not agree with them. In cases where the Buyer disagrees with the Purchase and Sale rules or a certain part thereof, they cannot order the goods from the Online shop. Otherwise, if the Buyer has submitted an order for the goods, the Buyer is deemed to have read and agreed to the Purchase and Sale rules.

2.6. The Seller assumes no risk or liability and is unconditionally exempted from any liability, if the Buyer has not fully or partially abated the Purchase and Sale rules, although they have been given such an opportunity.

  1. BUYER'S RIGHTS

3.1. The Buyer has the right to purchase the goods in the Online shop in accordance with the procedure set out by the Purchase and Sale rules.

3.2. The Buyer has the right to cancel the Sale-Purchase Agreement concluded in the Online shop by notifying the Seller thereof in writing within 14 (fourteen) calendar days after the delivery of the item to the Buyer, in accordance with the procedure of the Civil Code of the Republic of Lithuania and these Purchase and Sale rules.

3.3. The right to refuse the concluded Sale-Purchase Agreement does not apply to legal persons and their authorized representatives.

  1. BUYER'S OBLIGATIONS

4.1. The Buyer, who has placed an order in the Online shop, must pay for the goods and accept them in accordance with the rules of these Purchase and Sale rules.

4.2. The Buyer is fully responsible for their actions taken through the Online shop.

4.3. The Buyer is responsible for the accuracy completeness and timely adjustment of data, presented in the order form, that has or has not been changed. In no case will the Seller be liable for the damage incurred by the Buyer and (or) third parties, if the Buyer submits inaccurate, incorrect, incomplete data in the registration form or does not immediately specify changes of personal data.

4.4. The Buyer, having noticed an incorrectly indicated item and / or shipping address in the order form, must immediately inform the Seller about this. The Buyer may, without informing the Seller about the erroneous order, request the return or replacement of the goods only in accordance with the procedure specified in Section 14 of the Purchase and Sale rules.

4.5. The Buyer undertakes not to transfer their login data to third parties. If the Buyer loses their login information, they must immediately inform the Seller about this no later than within 1 day after the event.

4.6. The Buyer is responsible for transferring their login data to third parties. If the services provided by the Online shop are used by a third party who is using the Buyer's login information to gain access, the Seller considers this person a Buyer.

4.7. By using the services of the Online shop, the Buyer undertakes to comply with these Purchase and Sale rules, as well as other terms clearly stated in the Online Shop and by doing so must not violate the legal acts of the Republic of Lithuania.

  1. SELLER'S RIGHTS

5.1. If the Buyer attempts to compromise the stability and security of the Online shop or violates the obligations specified in Section 4 of the Purchase and Sale rules, the Seller has the right to immediately and without warning restrict or suspend the Buyer's access to the Online shop or to cancel the Buyer's registration.

5.2. The Seller has the right to suspend the activity of the Online shop temporarily or in whole without giving prior notice to the Buyer.

5.3. The Seller has the right to cancel the Buyer's order without prior notice if the Buyer, after having chosen the payment methods specified in clauses 8.2.1 and 8.2.2 of the Purchase and Sale rules, does not pay for the goods within 2 (two) calendar days.

  1. SELLER'S OBLIGATIONS

6.1. The Seller undertakes to provide the Buyer with the possibility to use the services offered by the Online shop (register in the Online shop system, make a shopping cart in the Online shop, place an order, pay the order, send an order) under the terms and conditions established in these Purchase and Sale rules.

6.2. The Seller undertakes to deliver the goods ordered by the Buyer, to the address indicated by the Buyer, following the conditions specified in section 11 of the Purchase and Sale rules.

6.3. The Seller, having been unable to deliver the goods ordered to the Buyer, undertakes to offer to the Buyer a product that is similar to the original item in its characteristics. If the Buyer refuses to accept the most similar product with the same or similar characteristics, the Seller undertakes to return the money the Buyer has paid for the goods within 14 calendar days, given the fact that the Buyer has made an advance payment for the goods.

  1. BUYER REGISTRATION AND CONCLUSION OF SALE-PURCHASE AGREEMENT

7.1. The Buyer may buy goods online by registering in the Online shop system, located at the online address www.moonstruckstore.com, or without having registered in the Online shop system, in accordance with the Purchase and Sale rules of the Online shop.

7.2. The Purchase-Sale Agreement between the Buyer and the Seller is considered to be concluded from the moment when the Buyer chooses the purchased item (s) and has formed a shopping cart, having provided the Buyer's data (order information), chosen the payment method and confirmed the order by clicking on the active link. "Submit an order", as well as having familiarized themselves with the Purchase and Sale rules and having committed to complying with them (by ticking "I agree to the Terms and Conditions" box). The Buyer will then receive a confirmation message in the Online shop system and / or a confirmation e-mail.

7.3. Each Sale-Purchase Agreement concluded between the Buyer and the Seller is registered and stored in the database of the Online shop. The Buyer has the ability to see their purchase history by accessing the system of the Online shop.

  1. PRICES, PAYMENT PROCEDURE AND TERMS

8.1. The goods sold in the Online shop are displayed alongside their sale price. The prices of goods in the Online shop are indicated in euros with VAT. Delivery costs are not included in the price of the goods. The cost of delivery is paid by the Buyer, having chosen the specific delivery method of goods.

8.2. The Seller has the right to change the price of the item displayed on the Online shop after the submission of the order if it is related to the increase in the cost of the product, technical errors in the information system of the Online shop or the costs related to the sale of the item to the Buyer. Upon the change of the price of the item, the Seller must immediately inform the Buyer of this. The Buyer has the right to refuse such a change in the price of the item and cancel the order they have placed. The parties agree that the loss caused by cancellation of the order is not remunerated.

  1. DIRECT MARKETING, IMPLEMENTATION OF PROMOTIONAL DISCOUNTS (DIRECT MARKETING GAMES, LOTTERY COMPETITIONS)

9.1. By approving the order, the Buyer agrees to accept the Purchase and Sale rules and specifies if they agree to the Seller using their personal data (e-mail address) for direct marketing purposes.

9.2. The Buyer has the right to object to the processing of their personal data for the purpose of direct marketing and has the right cancel the newsletter sent by the Seller without giving the reason for the disagreement at any time.

9.3. The Seller may, at their own discretion, initiate various promotions published on the Online shop.

9.4. The Seller has the right to change the conditions of the promotions or cancel them unilaterally, without notice.

9.5. Any modification or cancellation of terms and conditions of promotions is only valid from the moment of its execution.

9.6. The Seller sends all notices by means indicated in the Buyer's registration form.

9.7. The Buyer sends all messages and questions to the phone numbers and e-mail addresses indicated in the “Contact us” section of the Online shop.

9.8. The Seller shall not be liable if the Buyer does not receive sent information or confirmation messages due to poor Internet connection or disturbances of e-mail services.

  1. GIFT COUPONS AND LOYALTY PROGRAM

10.1. The Seller has the right to sell gift certificates for which the Buyer can purchase the goods sold by the Seller. Gift certificates are not subject to discounts. Gift certificates are not subject to exchange for cash.

10.2. When the Buyer pays for the purchased goods using a gift certificate, given that the value of the goods is less than the value of the certificate, the difference shall not be returned to the Buyer. When the Buyer pays for the purchased goods using a certificate of smaller value than the price of goods, the Buyer must cover the difference in value.

10.3. Discounts are not applicable to sale items. The Seller has the right to unilaterally determine other types of goods which are not subject to discounts.

10.4. During a single order, the Buyer may only use one discount code and / or gift certificate(s).

  1. DELIVERY OF GOODS

11.1. When ordering the goods, the Buyer must indicate the following:

11.1.1. place and time for the delivery of goods, when the Buyer requires the goods to be delivered through a courier service;

11.1.2. the selected postal service provider's department or terminal, to which the goods will be delivered following the request of the Buyer. When sending goods using this delivery method, it is necessary to follow the requirements specified by the service providers of the self-service parcel terminals (for example, maximum weight or dimensions).

11.2. If the Buyer chooses to claim the goods in the manner specified in clause 12.1.3 of the Purchase and Sale rules, when the goods are sent to the selected dispatching point, the Buyer is informed of the arrival of goods in the Online shop system, as well as via e-mail and / or short SMS message. The Buyer must claim the goods within 3 (three) days from the moment of the notification. Upon expiry of the deadline, the Seller may, on their own initiative, terminate the Sale-Purchase Agreement and sell the goods that have not been claimed by the Buyer to other buyers. The money paid for the goods is only returned to the Buyer following clause 13.7 of the Purchase and Sale rules.

11.3. The goods are given to the person indicated in the order form. In the event that the specified person cannot accept the goods and the goods have been delivered to the address indicated by the Buyer on the basis of other data provided by the Buyer, the Buyer is not entitled to express any claims to the Seller regarding the delivery of the goods to the wrong entity or other delivery inconsistencies.

11.4. In the order form, the Buyer has the right to indicate that the goods will be delivered to the Recipient. In this case, the Buyer must indicate the Recipient's name, contact phone number and e-mail address.

11.5. Prior to delivering the goods, the Seller or their authorized representative shall contact the Buyer or the Recipient and re-specify the delivery terms (delivery place and time, the person who claims the goods).

11.6. The goods are delivered to the Buyer or the Recipient during the time agreed upon individually by the carrier and the Buyer. The carrier contacts the Buyer or the Recipient via the phone number indicated in the order form. The Buyer agrees that in the presence of unforeseen circumstances outside the power of the Seller, the delivery date may differ from the delivery date agreed upon by the Buyer and the carrier. In these circumstances, the carrier immediately contacts the Buyer and reconciles the delivery date and other delivery issues.

11.7. In cases where the Seller's warehouse does not have the required goods, the Buyer is informed about the lack of goods ordered by them and the terms of delivery of the goods.

11.8. In all cases, the Seller is released from liability for violation of delivery terms if the goods are not delivered to the Buyer or not delivered in a timely manner due to the fault of the Buyer or the Beneficiary or due to circumstances of force majeure.

11.9. The Buyer undertakes to accept the goods personally. If such is not possible, the Buyer indicates the details of the person who will claim the goods in the order form. In the event that they or their authorized person cannot personally accept or claim the goods, and the goods have been delivered to the address indicated by the Buyer on the basis of other data provided by the Buyer, the Buyer is not entitled to express any claims to the Seller regarding the delivery of the goods to the incorrect entity or other delivery inconsistencies. The Buyer or the Recipient, having not accepted the goods for which advance payment has been paid, will be subject to an additional charge for delivery of re-arrangements. The Seller reserves the right to dispose of the order if the goods are not accepted for more than 5 (five) calendar days due to the fault of the Buyer or the Recipient.

11.10. The goods are delivered by the Seller or their authorized representative. The Seller or their authorized representative, on the basis of the presented identity document (passport, ID card, new model driving license), verifies the identity of the Buyer or the Recipient. The Seller or their authorized representative notes the verification of the identity of the Buyer or the Recipient in the document noting the acceptance-transfer of goods or refuses to transfer the goods if the identity of the person claiming the goods does not match the Buyer / Recipient or if the identity cannot be determined.

11.11. The Seller undertakes to deliver the goods to the Buyer in accordance with the terms specified in the product descriptions, but not later than within 30 days. These terms do not apply in cases where the Seller's warehouse does not have the required goods, and the Buyer is informed about the lack of goods ordered by them. The Buyer agrees that in the presence of unforeseen circumstances outside the power of the Seller, the delivery date may differ from the terms specified in the description of the goods or the delivery period of the goods agreed upon by the Buyer and the Seller. In the event of unforeseen circumstances, the Seller undertakes to contact the Buyer immediately and to agree on delivery terms and other delivery issues.

11.12. In cases where the Seller can only dispatch a part, and not all of the goods ordered by the Buyer, within a specified time limit, the Seller may dispatch the goods available within the specified period and dispatch the remaining goods at a subsequent shipment. The delivery costs of the subsequent shipment are covered by the Seller.

11.13. The cost of delivery (transportation) service is determined by the prices of the company performing the delivery (transportation) of goods. When the goods are delivered outside the territory of the Republic of Lithuania, the delivery (transportation) service fee is determined by a separate written agreement between the Buyer and the Seller. The Seller has the right to apply special discounts for the delivery (transportation) service to the Buyer who meets the conditions set out in the Seller's Online shop.

  1. RETURNS AND EXCHANGE DUE TO POOR QUALITY

12.1. Defective goods of a non-conforming nature are replaced and returned in accordance with the requirements of the Government of the Republic of Lithuania set out in the 11 of June, 2001, resolution No. 697 “On the Approval of Retail Rules”, the current version of which has been approved in accordance to the current edition of the Retail Rules.

12.2. When purchasing goods in the case referred to in point 12.1 of the Purchase and Sale rules, the following conditions must be met:

12.2.1. it is mandatory for the returned item to be in original, orderly packaging;

12.2.2. the returned item must have the same assembly as the Buyer receives;

12.2.3. the returned item must be clean;

12.2.4. a written request must be made to indicate one of the selected preferences from the following: to remove the defects free of charge, to change the goods of inappropriate quality for goods of a proper quality free of charge, to reduce the goods' deficiencies accordingly, to unilaterally terminate the agreement and to refund the price paid for the goods.

12.3. The cost of sending / shipping goods to the Seller, when the Buyer is doing so with the intent of repayment or replacement due to defects in the product or when sending the item for deficiencies to be eliminated or verified, shall be borne by the Seller in the event of deficiencies being found in the goods that have been returned or exchanged. If the goods are not found to be defective, the shipping costs are borne by the Buyer. In the case of an exchange in the size, colour or pattern of the item, re-delivery is free of charge. The Buyer and Seller agree via e-mail or telephone on all issues regarding the re-delivery or acceptance of goods.

12.4. The Buyer, wishing to replace the goods, following clause 12.2 of the Purchase and Sale rules, must indicate the goods desired and the reasons for which the goods are returned in the system of the Online shop. If the value of the item which replaces the original goods exceeds the value of the returned goods, the Buyer shall pay the price difference in one of the ways outlined in section 8 of the Purchase and Sale rules. If the value of the item which replaces the original goods is less than the value of the original item, the Seller returns the price difference to the Buyer.

 

  1. RETURN OF GOODS DUE TO WAIVER FROM AGREEMENT

 

13.1. The Buyer - a natural person has the right, without giving any reason and without prejudice to any costs other than those provided for in Article 6.22811 of the Civil Code, waiver from the Sale-Purchase agreement within fourteen days of purchase, with the exception provided for in paragraph 2 of Article 6.22810 of the Civil Code. The Seller does not provide this right to a Buyer - legal entity.

13.2. In the case referred to in clause 13.1 of the Purchase and Sale rules, the Buyer must submit a clear decision to the e-mail address info@moonstruckstore.com in order to cancel the concluded Sale-Purchase Agreement.  On the “Subject” line of the e-mail, the Buyer must indicate the order number of the goods, as well as the clause “Termination of the Sale-Purchase Agreement”. Returns must be accompanied by a document certifying the purchase of the goods.

13.3. The following conditions must be met when the Buyer is returning goods to the Seller after termination of the Sale-Purchase Agreement:

13.3.1. the returned item has not been used;

13.3.2. the returned item has not been ruined;

13.3.3. the returned item is in its original and undamaged packaging;

13.3.4. the original label was not removed from the returned item;

13.3.5. the returned item must have the same assembly as the Buyer had received it;

13.3.6. the returned item must not have lost its appearance due to the fault of the Buyer (except for the appearance of changes that are inevitable in order to inspect the product). The Seller shall inform the Buyer within 15 days via e-mail whether the returned goods fulfilled the above-mentioned conditions.

13.4. The Seller, having received the Buyer's declaration specified in clause 13.2 of the Purchase and Sale rules, must immediately confirm to the Buyer that they have received the waiver of their Sale-Purchase Agreement on a durable medium. The obligation to prove that they have complied with the requirements for the waiver of the agreement shall be borne by the Buyer.

13.5. The time limit for the termination of the Sale-Purchase Agreement expires after fourteen days of the conclusion of the Sale-Purchase Agreement - from the day the person specified by the Buyer or the Buyer themselves, other than the carrier, receives the ordered product or: if the Buyer has ordered more than one item per order and the goods are delivered separately - from the day the Buyer or the person specified by the Buyer, other than the carrier, receives the last item; if the item is delivered in different lots or parts, from the day the Buyer or person specified by the Buyer, other than the carrier, receives the last lot or part.

13.6. After the Buyer has executed the right of waiver specified in clause 13.1 of the Purchase and Sale rules, the parties' obligations to carry out a distance agreement or an agreement concluded in non-commercial premises or to conclude a distance agreement or an agreement outside the commercial premises expire if the Buyer has submitted an offer to conclude it.

13.7. The Seller must, without delay and not later than within fourteen days from the day on which he received the Buyer's notice of the cancellation of the Sale-Purchase Agreement, return all the amounts paid by the Buyer, except for the costs paid by the Buyer for delivery of the goods. After the Buyer has acted upon their right to waiver from the Sale-Purchase Agreement, the Buyer must bear all direct costs of returns. In returning the Buyer all the amounts paid, the Seller shall use the same payment method as used by the Buyer to pay the Seller, unless the Buyer explicitly agreed on a different method and if the Buyer does not incur any additional expenses due to this.

13.8. The Seller is not obliged to reimburse the Buyer for any additional costs incurred due to the fact that the Buyer has clearly chosen another delivery method than the cheapest regular shipping method offered by Seller.

13.9. The Seller may not refund the Buyer the amounts paid to them until the goods have been returned to the Seller or until the Buyer submits proof that the goods have been shipped to the Seller, whichever occurs first. The Buyer is informed about the fact that the Seller has received the returned goods through the Online shop system and / or via e-mail or short SMS.

13.10. The Buyer must, without delay and not later than within fourteen days from the date of notification of the waiver from the Sale-Purchase Agreement, send or turn over the goods to the Seller, or to another person authorized by the Seller, to the Seller's address from which the goods were delivered. Along with the returned items (goods), the Buyer must send a letter with personal requisites, account number and order number. After the Buyer has implemented the right of waiver, the Buyer will bear the direct costs of returning the goods.

  1. RESPONSIBILITY

14.1. The Seller is not responsible for the links to the websites of other companies, institutions, organizations or individuals visible on the Online shop, as well as for the information contained therein or activities undertaken. The Seller does not oversee, control and does not represent the above-mentioned websites for these companies, institutions, organizations and individuals.

14.2. In the event of failure to execute a Sale-Purchase Agreement or in case of improper execution of the agreement, the party at fault shall indemnify the other party for direct losses, i.e. the expenses incurred due to the actions of the faulty party.

  1. PRIVACY POLICY AND PERSONAL DATA PROTECTION

15.1. The Seller ensures the rights of the data subjects in accordance with the Law on the Legal Protection of Personal Data and other normative acts regulating the processing of personal data. The Seller processes personal data submitted by the Buyer for e-commerce (customer order fulfilment) and direct marketing purposes.

15.2. The Seller receives and processes the Buyer's personal data for the purposes of electronic commerce. These data include: name, telephone number, e-mail address, address, information related to the purchase (date of purchase, goods, price, quantity, order completion mark, password, IP address, discount code). These personal data are stored for 5 years from the time of the last login to the customer's account. Subsequently, personal data is destroyed by the Seller's authorized employee.

15.3. The Seller, with the consent of the Buyer or in the case provided for in paragraph 4 of article 14 of the Law on Personal Data Protection, receives and manages the Buyer's personal data for the purpose of direct marketing. This data includes: name, telephone number, e-mail address, address, as well as other data provided by the Buyer on behalf of their own initiative (category of goods purchased in the Online shop, hobby, data confirming the right to participate in promotional campaigns, documents confirming the fulfilment of promotional events (e.g. date and number of the purchase receipt), IP address). These personal data are stored throughout the data retention period (from 1 to 10 years) chosen by the Buyer; the data of persons who did not object to the processing of their personal data for direct marketing purposes are stored for 5 years after they were received. Upon the said deadlines, personal data is destroyed by the Seller's authorized employee.

15.4. The Seller receives the personal data specified in clauses 15.2 and 15.3 of the Purchase and Sale rules directly from the Buyer (after the Buyer registers their customer account on the website, upon initiation of the Sale-Purchase Agreement). The Seller does not handle personal data received in other ways.

15.5. The Buyer confirms that they have had access to the conditions for the processing of personal data and has the following rights:

15.5.1. A Buyer, who has submitted an identity document to the Seller or has approved their identity in accordance with the procedure established by legal acts or electronic means of communication which allows a person to be properly identified, has the right to access their data and to supervise how they are processed or to stop the processing of personal data, when data are processed without complying with the law on the protection of personal data or other laws;

15.5.2. The Buyer expresses the consent or disagreement with the processing of his / her personal data in writing, by e-mail, which has been used to register in the Online shop, specifying with his / her name and surname;

15.5.3. The Buyer has the right to object to the processing of their personal data for direct marketing purposes, without giving reasons for the objection.

15.6. The Buyer has the right to express demands, in writing or in person at the Seller's place of business, to correct, destroy personal data or suspend the processing of personal data.

15.7. The Seller may only provide personal data to the data subject, shipping companies, as well as other data recipients, in accordance with the terms and conditions established by these Purchase and Sale rules, in accordance with laws, court decisions and other legal acts, according to which the Seller is obliged to provide personal data.

  1. FINAL PROVISIONS

16.1. Communication between the Buyer and the Seller, including, but not limited to, communications, correspondence, takes place in written form. Messages sent via e-mail are also tantamount to written messages. An e-mail message is considered to be received when 96 hours have elapsed since it was sent.

16.2. The Seller reserves the right to modify, amend or supplement the Purchase and Sale rules at any moment, taking into account the legal requirements. Any amendments, modifications or additions to the Online shop system are made available to a registered Buyer at the time of login. The Buyer, who is purchasing goods from the Online shop, agrees with the amended, modified or supplemented Purchase and Sale rules. The Buyer's consent is expressed by placing an order to Seller. The opportunity to purchase goods from the Online shop is given only to Buyers who agree with the current Purchase and Sale rules. Changes are not valid for already accepted and executed orders.

16.3. Disputes related to the purchase and sale of goods in the Online shop are resolved by negotiation.