MILLO RULES FOR PURCHASE AND SALE OF GOODS
The present rules for purchase and sale (hereinafter – the Rules) establish mutual rights, duties and responsibilities of the person (hereinafter – the Buyer) who visits, wishes to acquire and acquires goods in the e-shop available at www.getmillo.com (hereinafter – the Shop) and UAB “Millo Appliances”, legal entity code 303331122, registered office address M. Mažvydo g. 12-33, LT-06269 Vilnius, Lithuania, address where the activity is carried out Mokyklos g. 36, LT-14182 Bukiškis, Vilnius, Lithuania, data about the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania, telephone number +370 614 48285 , e-mail address email@example.com (hereinafter – the Seller), when the Buyer purchases goods in the Shop.
1. GENERAL PROVISIONS
1.1. These Rules are a legally binding document. Should the Buyer decide to purchase the goods from the Shop and fulfil the requirements provided for in the Rules, the Rules shall become a purchase and sale agreement between the Buyer and the Seller.
1.2. The following persons shall have the right to buy in the Shop:
1.2.1. Legally capable natural persons, i.e. the persons who have reached the age of majority and whose legal capacity is not restricted by a court order;
1.2.2. Legal entities;
1.2.3. Authorised representatives of all the above persons.
1.3. The Buyer may only purchase goods in the Shop after having read the Rules and committed to comply with them. The Buyer is required to read the Rules before each purchase. When the Buyer does not agree with the Rules (or part of them), it may not order the goods. If the Buyer places orders in the Shop, it is considered that the Buyer has read the Rules, understood them and consented to them, also undertook to comply with them.
1.5. The Seller has the right to change the Rules. Changes to the Rules shall take effect after their publication in the Shop. If the Buyer uses the Shop after the publication of the changes to the Rules, it is considered that it agrees with the changes to the Rules.
1.6. Trading activities in the Shop shall be carried out from the territory of the Republic of Lithuania.
1.7. Hereinafter, the term “goods” includes all goods which are sold in the Shop.
2. BUYER’S MEMBERSHIP AND ACCOUNT
2.1. The Buyer is fully responsible himself for maintaining security and integrity of its Shop account (hereinafter – the Account) and the Buyer is also fully responsible for all activities that occur under the Account and any other actions taken in connection with it. Therefore, the Buyer undertakes to notify the Seller immediately in case of unauthorized access of Buyer’s Account or any other breach of Account’s security.
2.2. The Seller shall have no obligation to monitor and review Accounts of the new Buyers.
2.3. In case the Buyer provides false contact information of any kind that may result in the termination of the Buyer’s Account.
2.4. The Seller shall not be liable for any acts or omissions by the Buyer, including any damages of any kind incurred as a result of such acts or omissions.
2.5. The Seller may suspend, disable, or delete Buyer’s Account (or any part thereof) if it would be determined that the Buyer have violated any provision of these Rules or that the Buyer's conduct or content would tend to damage the Seller's reputation and goodwill. If the Seller deletes Buyer's account for the foregoing reasons, the Buyer shall not re-register. The Seller may block Buyer's email address and Internet protocol address to prevent further registration.
3. CONCLUSION OF THE PURCHASE AND SALE AGREEMENT
3.1. To purchase the goods, the Buyer shall select the goods and add them to the shopping cart in the Shop. After concluding this procedure, the Buyer shall go to the check out and confirm his order.
3.2. The Buyer shall be able to buy goods in the Shop:
3.2.1. By registering in the Shop – entering the requested necessary data in the registration form and creating an account.
3.2.2. Without registering in the Shop – as an unregistered Buyer using express checkout function which is administered via PayPal or Shopify Payments
. When the Buyer selects this option, he/she shall complete the further steps of this procedure.
3.3. The Buyer shall be able to submit a discount code (if he has it) to receive a monetary discount for the purchase. The Buyer must enter the relevant discount code during the online checkout process. Only one discount code can be used per one order and additional terms and conditions may apply in respect of each discount code. The Seller reserves the right to decline to accept any discount code that is invalid or that has expired.
3.4. After completing the above steps, the Buyer shall continue to the shipping details where he/she shall submit the shipping region, address, and continue to payment section where the Buyer shall choose the payment method and pay the price of the shopping cart, shown to the Buyer. Available payment methods are shown in the Shop, as well as are described below in the Rules.
3.5. The purchase and sale agreement is considered to be concluded from the moment when the Buyer has completed all above steps, and the Seller confirms the Buyer’s order by sending a confirmation message, invoice, etc. by e-mail.
3.6. Prior to the conclusion of the agreement, the Seller may send to the Buyer certain intermediate confirmation messages, such as confirmation that the payment has been received, etc.
3.7. A purchase and sale agreement shall be concluded for each order of the Buyer. The concluded purchase and sale agreement shall be stored in the Seller’s database.
3.8. After confirming the Buyer’s order, the Buyer undertakes to accept the goods ordered in the Shop.
3.9. The Seller may not confirm the Buyer’s order for important reasons, for example, the Buyer specifies the delivery address, where the Seller does not deliver the goods, the Buyer does not provide the delivery address for the goods, specifications of the goods, the Seller does not have the goods the Buyer wants, the Buyer has not confirmed its consent with the Rules, the Buyer, in the Seller’s opinion, is making wholesale purchases and/or for other reasons indicated to the Buyer individually.
3.10. The purchase and sale agreement shall be deemed to be performed when the goods are transferred to the Buyer in accordance with the procedure established by the Rules and legal acts of the Republic of Lithuania.
4. RIGHTS AND OBLIGATIONS OF THE BUYER
4.1. The Buyer shall be entitled to:
4.1.1. Buy in the Shop in accordance with the Rules, the Seller’s instructions and the legal acts of the Republic of Lithuania;
4.1.2. The Buyer-consumer shall be entitled to withdraw from the purchase and sale agreement concluded in the Shop by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the Civil Code of the Republic of Lithuania and these Rules;
4.1.3. Return and/or replace defective and/or incomplete goods, invoke the warranties applicable to the goods as set out in the Rules;
4.1.4. To other rights provided for in the Rules and/or legal acts of the Republic of Lithuania.
4.2. The Buyer undertakes:
4.2.1. To pay the price of the goods and their delivery, make other payments specified when ordering the goods and accept the ordered goods;
4.2.2. When accepting the goods to inspect and check them, as well as to inform the Seller about the damage to the parcel, clearly visible defects of the goods, non-conformity of the goods and completeness of the goods with the Buyer’s order;
4.2.3. To check whether the purchased goods are of good quality and immediately inform the Seller by e-mail e-mail address about the observed defects in the quality of the goods, non-conformity of the model or completeness of the goods, which could not be noticed during the transfer of the goods;
4.2.4. Having chosen the delivery service of goods or other services offered by the Seller, to create conditions for their provision, as well as to duly pay for such services;
4.2.5. To pay the cost of returning the goods, if these costs are to be borne by the Buyer;
4.2.6. To follow the return of the goods procedure as it is enshrined in the Rules;
4.2.7. To provide the correct registration data or the data required for delivery of the goods, safeguard confidentiality of the registration data, immediately update the information, if the Buyer’s registration data or the Buyer’s data required for delivery of the goods and performance of the agreement have changed;
4.2.8. Not to transfer to third parties the order number of the goods, order documents, Shop’s password or other data that would allow a third party to take back the goods for the Buyer without the Buyer’s knowledge and consent;
4.2.9. Not to use the Shop for:
188.8.131.52. for any unlawful purposes and acts;
184.108.40.206. violation of any international or national regulations, rules, laws or local ordinances;
220.127.116.11. the infringement of the Seller’s intellectual property rights or the intellectual property rights of third parties;
18.104.22.168. harassment, abuse, bullying, insult, injury, defamation, slandering, disparagement, intimidation or discrimination on the grounds of sex, sexual orientation, religion, ethnicity, race, age, nationality or disability;
22.214.171.124. submitting false or misleading information;
126.96.36.199. uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will or may affect the functionality or performance of the Shop, other websites or the Internet;
188.8.131.52. collecting or tracking the personal information of others;
184.108.40.206. spamming, phishing, pharming, pretexting, spidering, crawling, or scraping the Shop;
220.127.116.11. for any obscene or immoral purposes;
18.104.22.168. for interfering with or circumvent the security features of the Shop or any related website, other websites, or the Internet. The Seller reserves the right to terminate Buyer’s use of the Shop or any related website for violating any of the prohibited uses.
4.2.10. Before starting to use the goods to read all user manuals and get acquainted with the MilloApp Terms and Conditions
, since some of the goods are controlled via this mobile application.
4.2.11. To comply with other requirements established in the Rules and the legal acts of the Republic of Lithuania.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The Seller shall be entitled to:
5.1.1. Limit or suspend the Buyer’s access to the Shop without prior notice if the Buyer tries to impair the functioning or stable operation of the Shop and/or violates its obligations. The Seller shall not be responsible for any negative consequences caused to the Buyer by such actions;
5.1.2. Restrict or prohibit wholesale purchases. Wholesale purchases may be considered, at the Seller’s discretion, to be purchases where unusually large quantities of goods are ordered, the goods are ordered unusually frequently, as well as other criteria that allow the Seller to believe that the goods are ordered for non-consumer purposes;
5.1.3. Temporarily or permanently terminate the operation of the Shop, change the Shop or its individual parts, all and any of its content, restrict purchases carried out in it, change the Internet address of the Shop, limit the number of registered Buyers without notifying the Buyer in advance. The Seller shall not be responsible for any negative consequences caused to the Buyer by such actions;
5.1.4. Change the Rules, goods’ prices, purchase conditions and/or any other instructions related to the Shop by publishing the changes in the Shop.
5.2. The Seller shall be obliged to:
5.2.1. Deliver the goods to the Buyer in a timely and proper manner;
5.2.2. If for important reasons the Seller is unable to deliver the goods to the Buyer, offer the Buyer analogous goods or a goods very similar in its properties, and if the Buyer refuses to accept such goods, return to the Buyer the money paid by it within 5 (five) working days;
5.2.3. If unable to deliver the goods to the Buyer, return the money paid by the Buyer for the missing goods or for the entire order within 5 (five) working days;
5.2.4. Create conditions for the Buyer to use the Shop;
5.2.6. To comply with other requirements established in the Rules and the legal acts of the Republic of Lithuania.
6. PRICE OF GOODS AND PAYMENT THEREOF
6.1. The prices of the goods in the Shop and/or the order shall be indicated in euros and inclusive of the value added tax. The Goods shall be sold to the Buyer at the prices valid in the Shop at the moment of placing the order. If the Buyer does not agree with the price of the goods indicated in the Shop/order, it cannot continue to order the goods.
6.2. Unless otherwise specified by the Seller, delivery of goods and other additional services offered by the Seller shall be paid extra and their price shall not be included in the price of the goods. Fees for delivery of goods and additional services shall be shown to the Buyer before the order is confirmed.
6.3. The Buyer shall pay for the goods in one of the following ways:
6.3.1. Prepayment – debit or credit card (to execute debit and credit card payments the Seller use Shopify Payments and Stripe payment collection infrastructure, Apple Pay (iOS and MacOS only), Google Pay (Android only) or PayPal. For more information about those platforms please follow the links provided above. The Buyer, after completing the steps described in the Rules, places the order and completes the payment for the goods through one of above payment methods to the Seller’s bank or payments/ payments system operator’s account. Prepayment must be made immediately after forming the order. Payment is considered to be made when the full amount due is credited to the Seller’s account. If the Buyer fails to make the payment, it shall be deemed that it has refused to purchase the goods and the Seller shall be entitled to cancel its order without separate notice. The Seller assures, that all transactions are secure and encrypted.
22.214.171.124. Payment in instalments means payment where the Buyer makes an initial payment (if any) and signs a purchase of goods in instalments agreement with the partner indicated in Clause 6.3.2. of the Rules.
126.96.36.199. A purchase of goods in instalments agreement may only be concluded with the partner indicated in Clause 6.3.2. of the Rules. To conclude the purchase of goods in instalments agreement, the Buyer shall provide the Seller and/or Klarna with the necessary information for the conclusion of it, for the verification of the Buyer's solvency or for any other purposes related to the conclusion and performance of above agreement. Upon conclusion of it, the financial obligations of the Buyer shall be owed to Klarna, which shall provide the service, and the ownership of the goods shall pass to this partner unless otherwise agreed.
Payment in instalments is available only in regions where Klarna operates (the list of regions is provided here
6.4. The order shall be executed, and the delivery time of the goods shall start to count when the Seller receives a confirmation of the Buyer’s payment.
6.5. If, upon the Seller’s judgment, the Buyer’s purchase constitutes a high-risk transaction, the Seller reserves a right to require to provide a copy of Buyer’s valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase of goods.
6.6. The Seller reserves the right to change the goods and the pricing of the goods at any time.
6.7. The Seller reserves the right to refuse any order placed by the Buyer and to limit or cancel quantities purchased per person, per household or per order (these restrictions may include orders placed by or under the same Buyer’s account, the same credit or debit card, and/or orders that use the same billing and/or shipping address.).
6.8. VAT invoices shall specify the goods selected, their quantity, the discounts applied, the final price of the goods, inclusive of all taxes, as well as any other details required to be provided by the accounting legislation. An invoice, at the Seller’s discretion, shall be forwarded to the Buyer to the e-mail address specified by it or handed over upon delivery of the goods to the Buyer.
7. DELIVERY OF THE GOODS
7.1. The goods are delivered worldwide, but the delivery of certain goods in certain territories may be restricted. Existing restrictions will be shown to the Buyer before ordering the goods.
7.2. The Buyer uses UPS as a carrier for shipping of the goods. The goods are delivered via couriers. The choice of delivery methods may differ depending on the locality where the Buyer wishes to receive the goods.
7.3. The delivery price shall be shown to the Buyer before the final stage of the order before the payment is made. The delivery price shall be paid together with the payment for the goods. Shipping price depends on delivery address indicated by the Buyer and is calculated during the checkout process. Delivery of goods in the European Union is free of charge.
7.4. The shipping time depends on the region where the goods are being delivered The Buyer shall be informed of the exact date and time of delivery of the goods by an e-mail. The Seller shall not guarantee that the goods will be delivered in all cases within the delivery terms specified in the Rules, the Shop, as well as indicated to the Buyer individually, when the ordered goods are absent in the Seller’s warehouses, or when the goods cannot be delivered due to other circumstances (emergency, quarantine or similar reasons). In this case, the Seller shall immediately contact the Buyer and agree with it on the matters of delivery of the goods.
7.5. The Buyer will receive a tracking number via email specified in the Buyer’s order and will be able to track a parcel on the system of the delivery service provider or in other means.
7.6. The goods shall be delivered to the address specified by the Buyer. The Buyer undertakes to accept the goods itself or to provide the contact details of the person receiving the goods in the order. When transferring the goods, the Buyer may be asked to provide an identity document, as well as the information about the order sent by the Seller to the Buyer. In the event the Buyer is unable to accept the goods in person, and the goods have been delivered and transferred at the specified address and on the basis of other data provided by the Buyer, the Buyer shall not be entitled to make claims to the Seller regarding delivery of goods to the wrong person.
7.7. The Buyer must indicate the exact place of delivery of the goods and create suitable conditions for delivering the goods.
7.8. The delivery of goods procedure is subject to the rules of our delivery partner UPS, which must be followed by the Buyer.
7.9. If the Buyer does not take back the delivered goods and the Seller fails to contact or agree on another delivery date for more than 3 (three) days from the return of the goods due to failed delivery, it shall be considered that the sales and purchase agreement has expired. In this case, the Seller shall return the price of the goods paid by the Buyer (the delivery costs are not refundable).
7.10. When accepting the goods, the Buyer must check the condition of the parcel, the quantity, quality, and assortment of the goods. If the packaging of the parcel is found to be damaged, but the non-conformity of quantity, quality and assortment of the goods are not found, the Buyer must indicate the packaging damage in the delivery confirmation or in the forms provided by the person who has delivered the parcel. In this case, the goods are considered to have been delivered in damaged packaging, but the quantity, quality and assortment of the goods comply with the terms of the purchase and sale agreement and the delivery of goods has been performed properly.
7.11. If a non-conformity of the quality, quantity and/or assortment of the goods is found, the Buyer shall be entitled not to accept such goods. The Buyer must indicate the refusal to accept the goods and the damage found in the delivery confirmation and/or in the forms provided by the person who has delivered the parcel.
7.12. Upon acceptance of the parcel by the Buyer without remarks, the goods are considered to be delivered in undamaged packaging, the quantity, quality and range of the goods being compliant with the terms of the purchase and sale agreement and additional services related to the sale and delivery of goods performed properly, except for the cases where the damage or non-conformities could not have been noticed immediately.
7.13. The goods shall be deemed delivered to the Buyer upon delivery of the goods to the address specified in the Buyer’s order and signing of the goods acceptance receipt or invoice, or another delivery document by the person having accepted the goods.
7.14. If the goods are not delivered on time, the Buyer shall immediately, but no later than within 1 (one) day, notify the Seller thereof. Otherwise, the Buyer may not make claims to the Seller for late delivery of the goods.
7.15. The Seller shall be released from liability for violation of the terms of delivery of the goods if the goods are not delivered to the Buyer, or are not delivered on time due to the fault of the Buyer or due to circumstances upon the Buyer’s control. The goods returned to the Seller for such reasons will not be re-dispatched to the Buyer until the Buyer pays the additional delivery costs.
8.1. The goods come with 2 (two) years warranty. The warranty is valid from the date of purchase of the goods in question. The original invoice is required as proof of purchase.
8.2. Warranty service of the goods is provided by the Seller and its partners.
8.3. If the goods are not properly working, the Buyer shall first visit Seller’s support page at https://support.getmillo.com to make sure that the Buyer is properly following the user guide of the goods.
8.4. If the goods turn out to be defected, the Buyer shall return the defected item to the Seller. There are two options of returning the defected goods:
8.4.1. If the goods were bought online the Buyer shall make an online return request by filling in the support form or by sending email to firstname.lastname@example.org
. If the goods are defected, the Seller will provide a return number and Seller’s representative will arrange the pick-up of the defected goods, which will be free of charge. The Buyer shall pack the goods carefully and enclose the given return number(s).
8.4.2. If the goods were bough at the Seller’s partner shop, then the Buyer shall bring the goods to the store where it was bought. The Buyer must have the purchase invoice and all the goods have to be in fully complete set.
8.5. The Seller shall repair goods and in case the goods are unrepairable the Seller will replace defective goods to functional ones. If no equivalent goods are available, the Seller will offer a reduction of the paid price or full refund.
8.6. The Buyer undertakes to return the goods with a return and serial numbers. If the Buyer fails to provide it, the return shall be considered inappropriate and the Seller shall not take any action under the provided warranty.
8.7. In order to use the provided warranty, the Buyer shall follow the specific care instructions of the goods, which are provided in the user manual of the goods.
8.8. The warranty does not apply to the goods that have been stored or assembled incorrectly, used inappropriately, abused, misused, altered, or cleaned with wrong cleaning methods or wrong cleaning products. The warranty does not cover normal wear and tear, cuts or scratches, or damage caused by impacts or accidents. The warranty does not apply if the goods have been placed outdoors or in a humid environment or if the goods have been used for non-domestic purposes. The warranty does not cover consequential or incidental damages. For more information, the Buyer shall read the provided user manual of the goods.
8.9. This warranty does not, in any way, affect other Buyer’s rights provided by applicable legislation or the Rules.
8.10. After the Buyer has returned the goods to the Seller, the Seller’s experts will check the quality of the goods within 5 calendar days. If it is found that the goods have been returned without reason, the Buyer shall be subject to the consequences specified in Clause 8.11.
8.11. If the goods are returned to the Seller without a valid reason or warranty exclusion circumstances, as described above, are present, the Seller reserves the right to dismiss the request and return the goods to the Buyer. The above return shall be executed at Buyer’s own cost and expense and the Seller may ask Buyer to pay return costs that the Seller has incurred previously.
8.12. The Seller shall have to prove that the goods were not defective for the first 6 (six) months after the delivery of the goods (“reversal of burden of proof”). After this time, the Buyer shall have to prove that the goods were defective. This Clause only applies to the Buyers-entrepreneurs.
9. RIGHT OF WITHDRAWAL. RETURNING THE GOODS
9.1. The Buyer (consumer or entrepreneur) shall have the right, without giving any reason, within 30 (thirty) days from the moment when the Buyer or a person indicated thereby (except the carrier) receives the goods, or if the Buyer (consumer or entrepreneur) has ordered more than one item of goods in one order and the goods are delivered separately, – from the delivery (date of receipt) of the last item of goods, or if the goods are delivered in different lots or parts, – from the delivery (receipt) of the last lot or part, to withdraw from a distance purchase and sale agreement concluded remotely, by means of electronic communication, outside of a point of sale. If the Buyer (consumer or entrepreneur) has purchased several items of goods under one agreement, its right of withdrawal shall apply to both all and part of the goods. The conditions specified in Clauses 9.2. – 9.7 of the Rules shall apply when the right of withdrawal is exercised.
9.2. The right of the Buyer to withdraw from a distance purchase and sale agreement concluded out of the point of sales shall not apply to the following agreements:
9.2.1. Service agreements, where the services, with the consent of the consumer, have been provided to him in full prior to the statement of withdrawal;
9.2.2. Agreements for goods produced according to the consumer’s specific instructions, which are not pre-made and are produced according to the consumer’s personal choice or instruction, or for goods which are clearly tailored to the consumer’s personal needs;
9.2.3. Agreements for perishable goods or goods with a short shelf-life;
9.2.4. Agreements for packaged goods which have been unpacked after delivery and which are ineligible for return for health or hygiene reasons;
9.2.5. Other agreements provided for in Article 6.228 (10) (2) of the Civil Code of the Republic of Lithuania.
9.3. In order to exercise the right to withdraw from the purchase and sale agreement, the Buyer must notify the Seller by e-mail email@example.com of its decision by making an unambiguous statement, as well as provide documents attesting to the purchase of the goods (invoice, receipt, etc.). To comply with the withdrawal period, it is sufficient for the Buyer to send a notice that it exercises its right to withdraw from the purchase and sale agreement before the end of the withdrawal period. The Seller shall send a return number to the Buyer.
9.4. After submitting a written notice of withdrawal and other information specified by the Seller, the Buyer must, immediately and no later than within 14 (fourteen) days from the date of provision of such notice to the Seller, send/transfer the goods to the Seller or the Seller’s designated representative.
9.5. The Buyer shall be responsible for the proper packaging of the goods for return and provide a return number on the package.
9.6. The Buyer acknowledges that he/she understands that the goods would not be accepted by the Seller if the packaging lacks the return number, and that the Seller in such event reserves the right to consider that the return is inappropriate and take no action regarding that return.
9.7. The Buyer shall bear the direct costs of returning the goods, unless the Seller, after receiving the notice of withdrawal, instructs the Buyer otherwise. The Seller shall not reimburse the Buyer for the costs incurred as a result of the latter’s choice of a method other than the cheapest ordinary and safe way of returning the goods.
9.8. The Buyer shall be refunded for the returned goods, after the goods have been returned to the Seller. The Seller shall not be obliged to reimburse the Buyer for the additional costs incurred because the Buyer has clearly chosen an alternative more expensive method of delivery to the standard way of delivery proposed by the Seller. The money shall be refunded to the Buyer by transfer to the account from which the payment was made.
9.9. The Seller reserves the right to delay the refund if the returned goods was not received yet and the Seller had no chance to inspect it.
9.10. The Seller shall not be deemed to have violated the terms of the refund if it is unable to transfer the money due to the fault of the Buyer (delay in returning the goods, failure to provide information on shipping, failure to specify an account, inaccurate data, etc.).
9.11. The following conditions must be met when the Buyer returns the goods:
9.11.1. The goods must be in the original packaging or otherwise neatly packed;
9.11.2. The goods must not be damaged by the Buyer;
9.11.3. The goods must be unused, not having lost their marketable appearance, that is, with labels intact, protective films in place, etc. (this item does not apply in case of return of defective goods);
9.11.4. The goods must be in the same completeness as they have been received by the Buyer;
9.11.5. When returning the goods, it is necessary to present an invoice or receipt attesting to the purchase of the goods, and fill in the request for return of the goods.
9.12. If the returned goods are not in full completeness, are damaged, untidy and/or improperly packaged, the Seller shall have the right not to accept the returned goods and not to return the money paid by the Buyer for the returned goods.
10. DISCOUNTS, PROMOTIONS, GAMES AND CONTESTS
10.1. The Seller may, at its discretion, initiate promotions, apply discounts at the Shop.
10.2. Detailed information related to discounts or promotions shall be provided in the Shop when conducting a specific promotion or applying discounts.
10.3. When the Buyer purchases goods for the purchase of which the Seller provides a certain discount or gift, or the Buyer is paying with a gift card and the Buyer exercises the right to return the goods, only the amount actually paid for the goods shall be refunded to the Buyer.
10.4. The Seller’s discount codes or gift cards are not redeemable for cash. Also, if the discount code or gift card has an expiry date, it shall not be renewed under any circumstances after its expiry.
10.5. The Seller shall be entitled to unilaterally, without a separate notice, change the conditions of application of promotions or discounts, as well as annul them. Any changes or annulments of the conditions of the procedure of promotions and discounts shall come into effect from the moment of their publication.
10.6. The Seller reserves the right to organize promotional games and/or contests at its own discretion. The conditions for organising games and contests are set out in the rules for games and contests.
11. INTELECTUAL PROPERTY
11.1. Purchase and sale agreement between the Buyer and the Seller does not transfer to the Buyer any intellectual property rights owned by the Seller or third parties, and all rights, titles, and interests in and to such property will remain solely with the Seller and does not constitute a transfer of intellectual property rights to the Buyer.
11.2. All trademarks, service marks, graphics and logos used on the Shop’s website, are trademarks or registered trademarks of the Seller and/or Seller’s licensors.
11.3. Buyer’s use of Seller’s Shop and purchasing of goods does not grant the Buyer any right or license to reproduce or otherwise use any of the Seller or third-party intellectual property.
12. LIABILITY OF THE PARTIES
12.1. The Seller shall be released from liability in cases where the damages arise due to the fact that the Buyer, despite the Seller’s recommendations and its obligations, has not read the Rules and/or other instructions given by the Seller, even though it was given such an opportunity.
12.2. In the event of arising of damage, the guilty party shall compensate the other party for the direct damages, unless otherwise provided for in the laws.
12.3. The Seller shall not be liable for non-performance of the purchase and sale agreement and/or non-delivery or late delivery of the goods if it was due to the fault of third parties or due to circumstances beyond the Seller’s control which could not be reasonably anticipated by the Seller during the conclusion of the purchase and sale agreement and they and their consequences could not be prevented from occurring (force majeure circumstances, such as fire, actions of public authorities, declaration of emergency/quarantine, military action or civil unrest, attack on the Shop’s electronic systems or other electronic systems used by the Seller, including those operated by the Seller’s service providers, etc.). If the specified circumstances last for more than 1 (one) month, the parties shall be entitled to terminate the purchase and sale agreement by mutual agreement.
12.4. The Buyer shall be responsible for the accuracy of the registration data or purchase data. If the Buyer does not provide accurate registration data or purchase data and/or does not update them in a timely manner, the Seller shall not be held responsible for the resulting consequences.
12.5. The Buyer shall be responsible for transferring the registration data or purchase data to third parties. If the services provided by the Shop are used or the goods or services are purchased by a third party who has logged in to the Shop using the Buyer’s login data, the Seller shall consider this person to be the Buyer and all the related obligations fall to the Buyer.
12.6. The Seller shall be liable for malfunctions of the Shop and direct damage or damages incurred by the Buyer or third parties as a result, provided they have occurred due to intentional actions of the Seller.
12.7. If the Shop contains links to the websites of other companies, institutions, organisations or persons, the Seller shall not be held liable for the information or activities performed there, shall not maintain, control the said websites and shall not represent those companies and persons.
13. FINAL PROVISIONS
13.1. The information provided in the Shop: the Rules, information about the Seller, offered goods and their properties, procedure of exercising of the Buyer’s right to withdraw from the purchase and sale agreement, after-sales services and warranties of the goods, provided by the Seller, etc. shall be deemed to have been presented to the Buyer in writing.
13.2. The Rules and the purchase and sale agreement between the Buyer and the Seller shall be subject to the law of the Republic of Lithuania and the exclusive jurisdiction of the courts of the Republic of Lithuania.
13.3. The Seller shall be entitled transfer its rights and obligations arising from these Rules to third parties at any time, without the consent of the Buyer and without notifying it thereof.
13.4. All disagreements arising between the Buyer and the Seller regarding the Rules shall be resolved through negotiations. If the parties fail to resolve the dispute by negotiations within 30 (thirty) days, the disputes shall be finally settled in accordance with the procedure established by the laws of the Republic of Lithuania.
13.5. If the Buyer has any questions, he can always contact the Seller by mail, telephone, or e-mail to the contacts specified in the Rules.
13.6. The Buyer-consumer may submit a request and/or complaint regarding the goods or services purchased in the Shop to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax 8 5 279 1466, e-mail firstname.lastname@example.org, on the website www.vvtat.lt, its territorial subdivisions in counties) or to fill in the application form on the European Online Dispute Resolution platform, available at http://ec.europa.eu/odr/, but before that, as provided by the applicable legal acts, the Buyer must contact the Seller. This condition does not apply to Buyers-entrepreneurs.
13.7. These rules have been updated on date.
NEWSLETTER SUBSCRIBERS CONTEST RULES
1. UAB “Millo Appliances”, legal entity code 303331122, registered office address M. Mažvydo g. 12-33, LT-06269 Vilnius, Lithuania, address where the activity is carried out Mokyklos g. 36, LT-14182 Bukiškis, Vilnius, Lithuania (hereinafter – the Organiser), is organising free, no purchase necessary online Contest for Newsletter Subscribers (hereinafter – the Contest). These rules (hereinafter – the Rules) set out the procedure for the Contest.
2. The Contest will take place at the Organiser’s website.
3.1. The Contest is open to all natural persons worldwide.
3.2. The participant (hereinafter – the Participant), that is eligible to participate in the Contest, is the natural person 18 years of age or older during, who has subscribed to the Organiser’s newsletter.
3.3. Those ineligibles to participate in the Contest are: (i) underaged persons; (ii) employees, representatives, agents of the Organiser; (iii) people involved in the development, production and distribution of materials related to the Contest; (iv) the immediate family of any of the aforementioned persons, or persons with whom such persons are domiciled.
3.4. The Participant confirms that he / she had read and acknowledged the Rules and agrees with it. If the Participant have not done that, he / she shall not Participate in the Contest.
3.5. Non-compliance with the Rules will nullify participation. Any attempt to disrupt the normal operation of the Contest may result in the elimination of the person concerned.
4. The prize
4.1. The prize of the Contest is Millo - a cordless, portable, and strikingly smart blender, one in each calendar month, in accordance with the procedures set out in the Rules.
4.2. The prize must be accepted as is, and is not transferable, exchangeable, or refundable. The winner may refuse the prize, but he / she shall not be entitled to a cash equivalent or other prize in return. Prize will not be insured, and the Organiser cannot be held responsible for a prize that is lost, damaged, or sent to a wrong address.
5. Rules of the Contest:
5.1. To participate in the Consent the Participant must visit the Organiser’s website and subscribe to the Organiser’s newsletter by using his/her personal email address, name and surname. We strongly recommend that you do not use a work email address for the participation in the Contest.
5.2. The Participant may be declared as the winner of the prize in the Contest only once for the duration of the entire Contest. If the Participant wins the prize, he / she shall not participate in the Contest for the second time. If the Participant wins the prize for a second time, another Participant will be selected as a winner.
5.3. The winners will be chosen randomly, using an automated decision-making system. Only the person participating in the Contest can be declared the winners.
5.4. The winner shall be chosen once a month, on the 1st day of the current month at 12 am.
5.5. The winners will be contacted by telephone and/or email. The Organiser is not responsible for invalid email addresses or for email non-delivery due to a technical problem.
5.6. The winner undertakes to provide his / her shipping details and other data asked by the Organiser in 7 days via e-mail. If he / she fails to do so, it is considered that the winner has refused the prize and new winner is selected.
5.7. Before receiving the prize, the Participant undertakes to provide a proof of his / her legal age to the Organiser. If the winner fails to do so, another Participant shall be selected as a winner.
5.8. The prize will be sent to the winner by post to the address provided by the winner to the Organiser. The cost of shipping will be borne by the Organiser of the Contest.
6. Personal data
6.2. The Organiser acts as a data controller of the Participant’s personal data. The Participant’s personal data will be retained for the entire period of the Contest and 1 year from the end of the Contest.
6.3. The Participant has the right to withdraw his consent to the processing of personal data for the purpose of the Consent at any time. In this case the Participant loses his / her right to participate in the Contest.
6.5. The Participant confirms and acknowledges that he / she has provided true, accurate and complete personal data and accepts full responsibility for the truthfulness, accuracy and completeness of the information provided at the time of registration for the Contest and for the consequences of any inaccurate information provided (forfeiture of the opportunity to be informed of the prizes and forfeiture of the opportunity to receive such prizes).
6.6. The winning Participant confirms and acknowledges that he / she agrees to the Organiser making his / her personal data publicly available, including but not limited on the Organiser’s website and newsletter when announcing the monthly winner, as well as on the later newsletters and newsletter subscription bar (this publication is necessary to promote trust and transparency of the Contest for future participants).
7. The Organiser shall be entitled to modify these Rules by announcing the modifications in advance in the same manner as these Rules were announced.
8. For any questions regarding the Contest please contact us to email@example.com , and regarding the protection of your personal data please contact us to firstname.lastname@example.org .