Terms and conditions
Concepts and definitions
- Sales rules shall mean any sales contracts regulating the rights and duties of the Trader and Customer, terms and provisions of acquisitions of and payments for the Goods, procedure for delivery and return of the Goods, liability of the Parties, and other terms and provisions related to the sales and acquisition of the Goods in the e-shop www.kupukupu.lt.
- E-shop shall mean an e-shop operating on the website www.kupukupu.lt where a customer either registered with the e-shop platform or not may acquire the Goods offered by the Trader.
- Trader shall mean www.kupukupu.lt, which is registered and operating under the effective legislation of the Republic of Lithuania and based on Individual Economic Activity Certificate No 617906 issued to the permanent resident of Lithuania, on the website www.kupukupu.lt, with e-mail address [email protected]
- Customer shall mean any person satisfying the requirements listed in point 2.3 of the Sales Rules and acquiring the goods in the e-shop.
- Sales Contract shall mean the sales contract entered into by the Trader and the Customer involving the order placed for the acquisition of the goods by the Customer to the Trader via e-shop platform and the Sales Rules with any further amendments and supplements.
General terms and provisions
- Under the terms and provisions of the Sales Contract, the Trader undertakes to sell and deliver the Goods to the Customer, and the Customer undertakes to accept and pay a certain fixed amount for the Goods, as well as to reimburse the costs of the delivery in compliance with the terms and provisions stipulated by the Sales Rules.
- The Customer can acquire the goods in the e-shop only upon acceptance of the Sales Rules. After confirming their awareness of the content of the Sales Rules, the provisions of the Rules become binding and enforceable to the Customer. The Trader is entitled to making the amendments to the Sales Rules; and therefore, the Customer must carefully read the Rules before attempting to place and order and (or) making a purchase in the e-shop. If the Customer has failed to read and (or) understand the content of the Sales Rules or has not accepted them, they cannot make any purchase in the e-shop.
- Purchases in the e-shop can be made by the Customers either registered with the e-shop platform or not, who meet the criteria below:
- natural persons having legal capacity not restricted in judicial order, i.e. persons who are 18 years old and above;
- minors, i.e. persons who are fourteen-seventeen years old;
- legal entities;
- authorized representatives of all individuals listed above.
- Minors specified in point 2.3.2. of the Sales Rules can make purchases in the e-shop only if they are given a permission and consent of their parents, adoptive parents or other authorized persons, except for the cases where such minors have their personal independent funds and earnings.
- Commercial activities in the e-shop are operated from the Republic of Lithuania.
- The Customer has the right to make purchases in the e-shop in the procedure laid down by the Sales Rules and set forth by the e-shop.
- A natural person has the right to withdraw the Sales Contract concluded in the e-shop by notifying the Trader in writing no later than within 14 (fourteen) calendar days from the day of delivery of the Goods in the procedure prescribed by the Civil Code and Sales Rules.
- The right to withdraw the Sales Contract is not applicable to legal entities (business units) and their authorized representatives.
- The Customer shall have the right to return and (or) substitute the Goods of poor quality or incorrectly put up in sets, to enjoy warranties applicable to the Goods and other rights prescribed by the Sales Rules and (or) effective legislation.
- After placing the order in the e-shop, the Customer must pay for and accept the Goods in the procedure laid down by the Sales Rules.
- The Customer shall be obligated not to disclose their account data to any third parties. If the Customer loses their account data, they must inform the Trader within 1 (one) day at the latest.
- The Customer must immediately renew their registration data and (or) information provided in the Customer’s account.
- When accepting the Goods, the Customer must inspect them, as well as in the procedure laid down by the Sales Rules, inform the Trader on the damages detected on the package, clearly visible defects of the Goods, incompliance of the model and (or) content of the package with the Customer’s order.
- Upon receipt of the Goods, the Customer must check the quality of the acquired Goods and inform the Trader on any quality deficiencies, which reasonably could not be detected at the delivery of the Goods.
- The Customer must cover the expenses of the Goods returning, unless the Goods are returned due to their poor quality.
- The Customer enjoying the services provided by the e-shop shall obligate to adhere to the terms and provisions of the Sales Rules clearly described herein, as well as not to violate the effective legislation of the Republic of Lithuania, and not to use the e-shop in a way able to impede a proper functioning of the e-shop, its security and integrity, or restrict the possibilities of other customers to make the use of the e-shop services.
- At their discretion, the Trader shall have the right to set a minimum order in the purchase cart, i.e. minimum amount to active the execution of the Customer’s order. The minimum amount set is specified in the e-shop.
- In case if the Customer makes attempts to harm the stability and security of the e-shop operations, or violates the obligations specified in point 4 of the Sales Rules, the Trader shall be entitled to immediate and unnotified restriction or suspension of the Customer’s possibilities to use the e-shop services or cancel the Customer’s registration. The Trader shall not be liable for any losses suffered by the Customer as a consequence.
- The Trader shall be entitled to a temporary or permanent termination of the e-shop operations without any prior notice to the Customer, as well as make any changes in the e-shop as a whole or in part, make amendments to its content, restrict any e-purchases therein, change the address of the website of the e-shop operation, limit the number of the registered Customers. The Trader shall provide with the information regarding a temporary or permanent termination of the e-shop operations on the website of the e-shop and (or) via messages sent to the Customers’ accounts.
- The Trader shall be entitled to cancellation of the Customer’s order without a prior notice, if upon selection a payment method specified in points 8.4.1. and 8.4.2 of the Sales Rules, the Customer fails to make payment for the Goods within 3 (three) working days, or if in cases specified in point 8.6 herein, the Trader is not able to contact the Customer within 3 (three) working days.
- The Trader shall be entitled to making the amendments to the Sales Rules, adjustments of the prices, terms and provisions of the purchases and (or) any other guidelines related to the e-shop. Any amendments, adjustments and substitutions shall be announced on the e-shop website. The Customers shall be informed on the amendments to the Sales Rules in the procedure set forth by point 16.2 of the Sales Rules.
- Under the terms and provisions embedded by the Sales Rules and e-shop, the Trader shall obligate to provide the Customer with the possibility to enjoy the e-shop services (pass the registration procedure, fill the e-cart, place the order, pay for the goods, and send the order). However, the Trader cannot guarantee an uninterruptible operation of the e-shop or an errorless transmission of the data. The Trader shall not be liable for any Customer’s losses suffered due to interruptions of the e-shop operations and (or) data transmission errors incurred due to the force majeure, activities of the third parties and (or) the Customer. Shall the Trader’s duty to reimburse the losses occur, the Customer is entitled to the reimbursement of their justified direct losses not exceeding the price of the Customer’s order.
- The Trader shall undertake to deliver the goods ordered by the Customer to the address indicated by the Customer under the terms and provisions specified by the Sales Rules.
- If the Trader is unable to deliver the goods ordered by the Customer, the Trader shall offer the Customer analogical goods as close as possible to the ordered ones in terms of their characteristics. In case if the Customer refuses to accept analogical or most similar goods, the Trader shall return the money paid by the Customer within 3 (three) working days, provided for that the Customer has paid for the Goods in advance.
Registration procedure and sales contract
- The Customer can make purchases in the e-shop after passing a registration procedure in the e-shop platform on the website www.kupukupu.lt, or as a guest visitor under the rules specified in the e-shop.
- The Customer may find a detailed description of specific item and its purchase conditions by clicking on the title and (or) picture of the item. Whether certain goods are available or not, the Customer may find out in the description. Therefore, if such information is given, the Trader requests the Customer to contact them when placing the order for the goods the availability of which is in question. In such case if the Customer does not contact the Trader regarding additional information and places the order, and the goods ordered are not available or the remainder in stock is not sufficient, the issue shall be resolved in the procedure set forth by point 6.3 of the Sales Rules.
- When willing to make a purchase, the Customer shall fill in the order following the guidelines on the e-shop screen. A registered customer can complete the selection and (or) ordering procedure via their account in the e-shop.
- Sales Contract between the Customer and the Trader shall be considered as concluded upon satisfying the following provisions: the Customer fills the e-cart as directed by the Trader’s guidelines, the Customer provides with information on the delivery of the goods, the Customer chooses the method of payment, makes an advance payment, if necessary, and the Trader receives that payment, and the Trader confirms that the Customer’s order is completed and ready and (or) handed over for dispatching or collection.
- Prior to the Contract conclusion, the Trader may send the Customer any other confirmations, e.g. confirmation of the payment received, etc.
- The Contract shall cover only the goods indicated in the Customer’s order and confirmed by the Trader. The Trader shall not deliver the goods, which are not specified in the Customer’s order. The Sales Contract shall be considered as executed when the goods are handed over to the Customer in the procedure laid down by the Sales Rules and effective legislation.
- The term and countdown of the delivery of the Goods is specified in the Trader’s message to the Customer right after the placement of the order. In case if there is no such message or there are any other ambiguities, the delivery term shall commence on the day the Sales Contract has been concluded.
- Irrespective of whether the advance payment is received or not, the Trader has the right not to confirm the Customer’s order, provided for that there are no goods available in stock, or the Customer does not meet the requirements for the purchase of the goods, the Customer has failed to accept the Sales Rules, the Customer attempts to make wholesale acquisitions and (or) any other reasons specified to the Customer individually. Wholesale acquisitions pertain to the purchases made in an unusually large quantities or the goods are ordered at an unusual regularity, as well as based on other broadly prevailing criteria.
- Every Sales Contract entered into by the Customer and the Trader is registered and stored in the database of the e-shop. The Customer may follow their purchase history when accessing their account with the e-shop.
Prices of the goods, procedure and terms of payment
- The goods being marketed by the e-shop are displayed with their selling prices. The prices in the e-shop and Customers’ orders are indicated in Euros. The prices are excluded of the delivery costs. The delivery costs are covered by the Customer.
- After the order is confirmed by the Trader, the price of the item indicated in the e-shop can be adjusted only if it has changed due to technical errors in the information system or other objective reasons beyond the Trader’s control. In such case, if the Customer refuses to purchase the item at the changed cost, the Customer has the right to cancel the order by informing the Trader. Upon cancellation of the order in the procedure set forth herein, the Customer shall be reimbursed all the amounts paid by them.
- If the order is cancelled before the conclusion of the Sales Contract, the losses suffered due to such cancellation shall not be reimbursed. If the order is cancelled after the conclusion of the Sales Contract, the Trader can reimburse justified direct losses suffered by the Customer in the amount not exceeding the price of the item specified in the order.
- The Customer may select one of the following payment methods:
- Bank transfer – an advance payment made via e-banking system. In this case, when making the payment, the Customer must indicate a six-digit order number in the field of the payment purpose. The Customer shall transfer the money to the bank account indicated by the Trader. The liability for the security of the transfer and data is assumed by a relevant bank as all financial operations are executed via e-banking system.
- By paying in cash at the bank selected by the Customer. When making the payment for the goods, in the payment purpose field, the Customer must indicate the number of the order. The Customer shall transfer the money to the bank account indicated by the Trader. The liability for the data security is assumed by a relevant bank as all financial operations are executed via payment platform of the said bank.
- By paying for the item at the time of the delivery – the payment is made to the courier who has delivered the goods to the Customer, or at the Trader’s outlet when the goods are collected there.
Promotions and gift vouchers
- At their discretion, the Trader may introduce various promotions, e.g. reduction of prices, combination of items in the set, etc.
- The Trader may unilaterally without a prior notice to change the duration and conditions of promotions, as well as withdraw them. Any amendments to or cancellation of the promotion provisions and procedure shall be effective from the moment they have been introduced and shall not apply to the Sales Contracts concluded prior to their introduction. Information regarding active promotions shall be presented on the website of the e-shop, as well as via other communication channels of the e-shop.
- The Trader may also sell gift vouchers, which can be used for the purchase of the Trader’s goods. Gift vouchers shall not be given any discounts. Gift vouchers shall not be exchanged for cash.
- If the Customer pays for the purchased goods with a gift voucher the value of which is higher than the goods being purchased, the difference is not reimbursed to the Customer. If the Customer pays for the purchased goods with a gift voucher the value of which is lower than the goods being purchased, the Customer shall pay the price difference to the Trader.
- Discounts shall not apply to the goods on sale. The Trader shall be entitled to unilateral decision on the types of the goods excluded from the discounts.
- The Customer may use only one discount code and (or) gift vouchers for one purchase.
Delivery of the goods
- When ordering the goods, the Customer must provide with the following information:
- Place and time of the delivery, if the Customer chooses the delivery by the courier service.
- 10.1.2. Post office or terminal the Customer wants the goods to be delivered to. In this case, it is necessary to meet the requirements specified by the post offices or terminals (e.g. maximum weight or size of the parcel).
- The Customer undertakes to accept the goods personally. In case, if the Customer is unable to accept the goods in person, and the goods have been delivered to the address indicated by the Customer and based on other information provided by the Customer, the Customer shall have no right to submit a claim to the Trader regarding the delivery of the goods to an incorrect addressee or other discrepancies of the delivery.
- If needed, i.e. to ensure a timely delivery of the goods to the Customer, the Trader may assign their business partner to deliver the goods to the Customer directly.
- The Trader shall undertake to deliver the Goods to the Customer in compliance with the terms specified in the descriptions of the goods but not later than within 30 days. The delivery deadlines shall not be applied in such cases, when the Trader has no required goods available, and the Customer is informed regarding the absence of the required quantity of the goods ordered by them. The Customer agrees that in occurrence of the unexpected circumstances beyond the Trader’s control, the term of delivery may be different from the term specified in the descriptions of the goods or from the term of delivery agreed by the Trader and the Customer. In case of occurrence of the unexpected circumstances, the Trader shall undertake to contact the Customer immediately and agree on the term of delivery of the Goods and other issues pertaining to the delivery.
- In any case, the Trader shall be released from the liability for the breach of the delivery deadlines, provided for that the failure to deliver the goods or untimely delivery of the goods has occurred due to the Customer’s fault or has been caused by force majeure circumstances.
- When the goods are delivered by the courier service, they are handed in after the Customer signs on the screen of the e-scanner and the fact of acceptance is transmitted to and recorded in the database of the courier service company LP Express.
- At the parcel delivery, together with the Trader or the person authorized by the Trader, the Customer must inspect the condition of the package. After the Customer signs on the Invoice (bill of lading) or any other document certifying transfer and acceptance of the package, it is considered that the parcel has been handed in an appropriate condition. If noticing that the package is damaged (battered, wet or visibly damaged otherwise) or the package delivered contains incomplete sets, incorrect quantity or assortment of the items, the Customer must make relevant notes on the invoice (bill of lading) or any other document certifying transfer and acceptance of the package, or on the screen of the courier’s e-scanner, and in presence of the Trader, courier or an authorized representative, produce a report regarding damages of the package. It must be stated that upon signing any documents without specific notes, the parcel is considered as handed-in free of defects; and therefore, no claims regarding courier services or defects of the goods are accepted. We kindly ask you to inform us via e-mail [email protected] (within 24 hours following the receipt of the package at the latest) regarding deficiencies of the quality of the goods, which could not be detected at the delivery of the parcel.
- The Trader has the right to apply special discounts on the delivery (transport) charges for the Customers meeting the criteria specified in the Trader’s e-shop.
Quality guarantees and terms of validity
- The characteristics of every item being marketed in the e-shop are specified in the description of the goods on the website www.kupukupu.lt.
- The Trader shall not be liable for the variations of the colour, shape or any other parameter from the actual sizes, shapes and colours of the goods marketed in the e-shop due to the features of the devices the Customer is using when making a decision which item to choose.
- The Trader or manufacturer may grant an additional warranty for the quality of the goods. The name of the guarantor, certain term of the guarantee and other provisions are specified in the description of the goods or relevant document certifying that the guarantee has been granted. Any extra guarantees shall not substitute the terms and provisions of the guarantees regulated by the effective legislation.
- In case, if the Trader or manufacturer does not grant an additional guarantee for the quality of the goods, the item purchased by the Customer shall be given a quality guarantee with a relevant term of validity that is prescribed by the effective legislation.
Refund and substitution
- The deficiencies of the sold goods shall be eliminated, as well as the goods of poor quality shall be eligible for the substitution or returning in observance with the Retail Trade Rules approved by Order No 697 of the Government of the Republic of Lithuania Regarding Approval of Retail Trade Rules as of the 11th of June 2001.
- In cases specified in point 12.1 of the Sales Rules, the Customer intending to return the item acquired shall fill-in the claim form provided by the Trader, which is sent to the Customer’s e-mail upon their request. A filled-in claim shall be returned with the item in question. When the item is being returned, it is also necessary to submit the document confirming the purchase and a guarantee voucher (if any).
- The Customer shall dispatch the goods eligible for the return or substitution due to their defects, or for the elimination or inspection of the defects via the courier service specified by the Trader. If agreed so, the goods may be collected from the Customer by the Trader.
- If possible, the Customer is requested to return the goods of poor quality and (or) having defects in and original packaging or any other accurate packaging to simplify the acceptance procedure; the goods must be returned with all parts of their assembly.
- In case of any disputes regarding deterioration or damage of the goods, the Trader shall have the right to apply to the State Consumer Rights Protection Authority and provide the item in question for the expert’s examination. The costs of the expert’s examination shall be borne by the guilty party.
- The Customer, i.e. a natural person (consumer), shall have the right to withdraw a distance contract or the contract concluded outside the outlet without indication of any specific reason within 14 (fourteen) days, except for the cases stipulated by Section 2 Article 6.228 (10) of the Civil Code. It is possible to withdraw the Sales Contract only if the item acquired has not been used, damaged, its appearance has not been changed significantly, i.e. the appearance of the item or its packaging has been affected only to the extent necessary to inspect the item received. The Customer must use this right with full responsibility and return the item in its original accurate packaging with all accompanying parts of the item assembly. When withdrawing the contract, the Customer shall be liable for the reduction of the value of the item incurred due to the actions, which were unnecessary to identify characteristics, properties and functioning of the item acquired.
- The term of withdrawal expires after 14 (fourteen) days: (a) following the conclusion of the Sales Contract, (b) following the day the Customer or the person appointed by the Customer, except for the carrier, receives the item ordered, or (c) if in one order, the Customer has included more than one item, and those items are delivered separately, then following the day the Customer or the person appointed by the Customer, except for the carrier, receives the last item ordered, (d) if the item is delivered in different batches or in parts, then following the day the Customer or the person appointed by the Customer, except for the carrier, receives the last batch or part of the order.
- The Customer, a natural person (consumer), shall notify the Trader on the intention to withdraw a distance contract or the contract concluded outside the outlet by providing the Trader with a model form on the contract withdrawal or by providing the Trader with a comprehensive application containing the decision and explanation for such withdrawal.
- The goods shall be returned not later than within 14 (fourteen) days following the submission of the notification on the withdrawal to the Trader. The Customer shall be liable for a proper packaging of the item being returned. The Customer shall bear direct expenditure of the return.
- The duty to prove the compliance with the requirements applicable on the withdrawal of the distance contract or contract concluded outside the outlet shall be assumed by the Customer.
- Upon implementation of the Customer’s right of withdrawal, the duty of the Parties to execute the distance contract or the contract concluded outside the outlet, or the duty to conclude a distance contract or a contract outside the outlet, if the Customer has offered to conclude any, shall cease.
- The cost of the goods, including delivery charges paid by the Customer, shall be reimbursed within 14 (fourteen) days following the day of the receipt of the Customer’s refusal. If the goods are returned outside the Trader’s business venue (via post office, courier service, etc.), the money shall be returned to the Customer via bank transfer irrespective of the method of payment for the goods. If the goods are returned at the Trader’s business venue (where the goods have been collected), the money may be returned to the Customer in cash or via bank transfer.
- In such cases, when the Customer (upon withdrawal, return of the item of poor quality, etc.) returns only one or several items, but not all goods delivered, the Customer shall be reimbursed delivery costs in proportion to the amount of the goods ordered and returned. When acquiring several items, if a specific item has a specific delivery cost, the Customer, when returning that item, shall be reimbursed the delivery cost of that specific item.
- The Trader shall not return any extra expenditure incurred by the Customer due to the Customer’s choice of other delivery and (or) return way than the usual cheapest way of delivery offered by the Trader. In this case, the Customer shall be reimbursed usual costs of the delivery or return.
- The Trader may withhold the return of the money paid by the Customer until the goods are returned to the Trader or until the Customer provides with the confirmation the goods have already been dispatched to the Trader, whichever comes first. In this case, the term of the money return specified in point 12.12 of the Sales Rules shall commence on the day such confirmation is received.
- Upon the implementation of the right of withdrawal by the Customer, any additional agreements shall be terminated as well. Additional agreements shall mean any agreements regulating Customer’s purchases of goods and services related to the agreement concluded, and such goods or services are supplied by the Trader or other person based on the contract with the Trader. The Customer shall immediately inform in writing the other Party to the Contract regarding termination of the additional agreement and provide with the data on withdrawal of the distance contract or the contract concluded outside the outlet. A separate notification from the Customer is not mandatory in such cases, when additional agreement has been concluded with the same Trader who has already been informed about the withdrawal pursuant to Article 6.228 (10) of the Civil Code.
- The Customer shall be liable for the correctness of the data provided in the registration form. If the Customer fails to provide with accurate data in the registration form, the Trader shall not be liable for the subsequent consequences incurred.
- The Customer shall be liable for the actions taken when using the e-shop platform.
- The Customer shall be liable for the disclosure of their login data to the third parties. If the services of the e-shop are used by the third party using the Customer’s login data, the Trader shall consider that party as the Customer.
- The Trader shall be released from any responsibility in such cases, where the Customer, ignoring the Trader’s recommendations and their own obligations, failed to familiarize with the Sales Rules, irrespective of the opportunity given.
- The Trader shall not be liable for the links provided in the e-shop to the websites of other companies, institutions, organizations or individuals, as well as for their content and activities. The Trader does not supervise, control or represent the aforementioned companies, institutions, organizations or individuals, as well as their content and activities. In case of any damage, the guilty party shall reimburse any direct losses suffered by the other party.
- Communication between the Customer and the Trader, including but not limited to notices, correspondence, etc. shall be made in written form. Notices sent via e-mail shall be pertained to the notices made in writing as well. An e-mail message shall be considered as received after 96 (ninety-six) hours following the sending of that message.
- The Trader maintains the right at any time to make amendments, corrections or supplements to the Sales Rules in respect to the requirements set forth by the effective legislation. Any amendments, corrections or supplements shall be published on the website of the e-shop. A registered Customer of the e-shop shall be informed on any amendments after they access their account. The amendments to the Sales Rules shall come into effect on the day they have been published on the website of the e-shop. The Customer acquiring goods in the e-ship accepts the amended, corrected or supplemented Sales Rules. Possibility to make purchases in the e-shop shall be given to the Customer who have previously accepted the effective Sales Rules.
- Any disputes related to the purchases in the e-shop shop shall be resolved by the means of negotiations. In case of the failure to reach a consensus, such disputes shall be settled at the court of the Republic of Lithuania in observance with the effective legislation of the Republic of Lithuania.
- The Customer shall submit their request and (or) claim regarding Trader’s activities and services to the Trader in writing and indicate their requirements. Please, send these official letters to e-mail [email protected] In case, if the Customer disagrees with the Trader’s reply, the Customer may contact the State Customer Rights Protection Authority, or fill-in an application provided in the E-platform of Consumer-Related Disputes. Judicial disputes shall be settled in the procedure embedded by the effective legislation.