Delivery terms, Conditions of return of goods and money: https://freakyfoxx.com/pages/shipping-returns
Terms and conditions:
1.1. Seller - private legal entity MB “Keista lapė” registered in the Vilnius branch of the Legal entity register of the State Enterprise Center of registers, legal entity code 304829058, VAT payer code LT100012268414, registered office address Polocko str. 38, LT-01205 Vilnius, correspondence address Polocko str. 38, LT-01205 Vilnius.
1.2. FreakyFoxx - e-shop located at www.freakyfoxx.com
1.3. Buyer - 1) a capable natural person, i.e. a person who has reached the age of majority and whose capacity is not restricted by court order; 2) a minor between the ages of fourteen and eighteen years of age who has the consent of his or her parents or guardians, except in cases where he or she is emancipated; 3) a legal person; 4) duly authorized representatives of all the above persons.
1.4. Parties - Buyer and Seller together.
1.5. Personal data - any information relating to a natural person - a data subject whose identity is known or can be established directly or indirectly by means of data such as a personal code, one or more personal, physical, physiological, psychological, economic, cultural or social data symptoms.
1.6. The Rules are the following “Rules for Buying and Selling Goods in the FreakyFoxx Online Store”.
1.7. Account - the result of the Buyer's registration with FreakyFoxx, which creates an account that protects his personal data and order history.
1.9. Pick-up point - Pick-up point owned by the Seller at: Polocko str. 38, LT-01205 Vilnius.
- General provisions
2.1. The Buyer confirms the Rules after reading them by checking the box "I have read and agree to the terms and conditions". The Rules approved in this way are a legal document binding on the Parties, which sets out the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for goods, delivery and return procedures, liability of the parties and other conditions related to the purchase and sale of goods at FreakyFoxx.
2.3. In case of necessity or circumstances provided for in the legislation of the Republic of Lithuania, the Seller has the right to amend, change or supplement the Rules. Buyers will be informed about this by logging in to FreakyFoxx or when buying the goods for the first time at FreakyFoxx after the entry into force of the new version of the Rules. In order to ensure that the Buyers are acquainted with any changes to the Rules, a link to the new version of the Rules will be sent to the Buyers' e-mail addresses that they provided to the Seller. The new version of the Rules will take effect upon its publication by FreakyFoxx.
2.5. If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, in all cases the Buyer shall be responsible for providing an existing e-mail address that belongs to the Buyer.
- Ordering goods - the moment of establishing a legal relationship of purchase and sale
3.1. The buyer can order the goods FreakyFoxx by choosing one of the following methods:
3.1.1. by registering with FreakyFoxx online (by entering your registration name and password);
3.1.2. without registering online at FreakyFoxx;
3.1.3. by telephone;
3.1.4. at the place of collection.
3.4. When the Buyer, having selected the purchased product or service and formed a shopping cart, completes all the steps of the order, the last of which is the selection and confirmation of the payment method, the Seller and the Buyer are considered to have a sale and purchase agreement. The Seller shall send the Buyer a link to the applicable Rules together with the order confirmation to the e-mail address provided by the Buyer.
3.6. Every Buyer's order is stored in the FreakyFoxx database.
- Buyer's rights
4.1. The Buyer has the right to purchase goods and order services from FreakyFoxx in accordance with the procedure established by these Rules.
4.2. The Buyer has the right to refuse the order in accordance with these Rules.
4.3. The Buyer has the right to withdraw from the agreement in accordance with these Rules.
4.4. The Buyer has the right to replace or return the purchased goods in accordance with the Rules.
- Obligations of the buyer
5.2. The Buyer is obliged to pay for the ordered goods or services and accept them in accordance with these Rules. If the Buyer chooses to pick up the goods at the place of picking up the Goods, the Buyer must pick them up within the terms specified in the Rules.
- Seller's rights
6.1. The Seller has the right to modify, suspend or terminate certain functions of FreakyFoxx or some of them, as well as to change the layout of the elements contained in FreakyFoxx.
6.2. The seller has the right to suspend or terminate the activities of FreakyFoxx. In this case, all accepted and confirmed orders of Buyers are completed and new orders are not accepted.
6.3. The Seller has the right to change the scope or method of provision of services provided by FreakyFoxx, to suspend, terminate provision of services or part thereof, to charge services or part of services.
6.4. If the Buyer tries to harm the stability, safety of the work of FreakyFoxx or fails to fulfil his obligations, the Seller has the right to restrict or suspend the Buyer's access to FreakyFoxx immediately and without prior notice or to cancel the Buyer's Account in exceptional cases.
6.5. The Seller shall have the right, without prior notice, to cancel his order if the Buyer, having chosen the payment methods provided for in clauses 8.2.1 or 8.2.2 of the Rules, fails to pay for the goods within 2 (two) business days.
6.6. When the Buyer chooses the payment method provided for in point 8.2.3 of the Rules, the Seller has the right to contact the Buyer with the details specified in the order in case of uncertainties regarding the information provided in the order. In this case, the term of delivery of the goods starts from the day of establishing contact with the Buyer. The Seller has the right to cancel the order without prior notice to the Buyer, i) if the Seller fails to contact the Buyer within 2 (two) working days after placing the order, or ii) if the Buyer does not provide the requested information to the Seller within the deadline specified by the Seller, or iii) if the Buyer does not provide the Seller his consent on verification of his personal data.
- The obligations of the Seller
7.1. The Seller undertakes to provide the Buyer with access to the services provided by FreakyFoxx, in accordance with the conditions set out in these Rules and other FreakyFoxx documents.
7.2. The Seller undertakes to provide the FreakyFoxx Buyer with information as provided for in Article 6.2287 of the Civil Code of the Republic of Lithuania in a clear and understandable manner.
7.4. Before placing the order, to inform the Buyer about the suspension or termination of the functions of FreakyFoxx which are significant for the execution of the order, as well as the changes specified in clauses 6.2 to 6.3 of the Rules. Presentation of information on FreakyFoxx is considered appropriate information provision.
7.5. Under the conditions stipulated by the Rules, the Seller undertakes to submit the goods ordered by the Buyer and to accept the goods returned
7.6. If the Seller is unable to deliver the ordered goods to the Buyer due to important circumstances, he undertakes to offer the Buyer a similar product or as much as possible similar in its characteristics. If the Buyer refuses to accept a product that was offered as analogous or similar, the Seller undertakes to return the money paid to the Buyer within 7 (seven) business days, if the prepayment was made, and in all cases cancel the order.
7.7. The Seller, disagreeing with the requirements of the Buyer, must provide the consumer with a detailed reasoned written reply within 10 (ten) calendar days from the date of receipt of the Buyer's request, unless the legislation of the Republic of Lithuania and the European Union provides otherwise.
- Goods prices, payment procedure and terms
8.1. Prices of goods in the order formed by FreakyFoxx are indicated in euros, including the amount of VAT in force at that time in accordance with the legislation.
8.2. The Buyer can pay for the ordered goods in one of the following ways:
8.2.1. using electronic banking;
8.2.2. by bank transfer;
8.2.3. payment cards at the time of receipt;
8.2.4. payment cards.
8.3. When the Seller receives payment for the goods, the order of the goods is confirmed by sending an order confirmation by e-mail to the Buyer, who indicated his e-mail address when making the order, and the term of delivery of the goods begins.
8.4. By approving the Rules, the Buyer agrees that the purchase documents for the goods - VAT invoices, which are also warranty certificates for the goods, shall be submitted to him electronically. VAT invoices shall indicate the goods selected, their quantity, the final price of the goods, including all taxes, and any other particulars required for the approval of the accounting legislation.
8.5. The price of the goods after the Seller has confirmed the order may not change, except when the price of the product has changed due to technical error of information systems or other objective reasons beyond the Seller's control. If in this case the Buyer does not agree to purchase the product at a new price, the Buyer may refuse the order by informing the Seller within 2 (two) business days. After canceling the order in accordance with the procedure provided for in this clause, all the amounts paid by the Buyer shall be refunded
- Delivery of goods
9.1. When ordering goods, the Buyer may choose one of the methods of delivery of goods specified in points 9.2 - 9.3 of the Rules.
9.2. If the Buyer chooses the home delivery service during the order:
9.2.1. The Buyer undertakes to indicate the exact place of delivery of the goods.
9.2.2. The Buyer undertakes to accept the goods himself. A valid identity document (identity card, passport or a new model driving license) must be presented upon acceptance of the goods. If the Buyer cannot accept the goods himself and the goods are delivered to the address specified by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the goods to the wrong person.
9.2.3. The goods are delivered by the Seller or his authorized representative.
9.3. The Buyer may collect the goods free of charge from the place of collection of the Goods. If the Buyer chooses the following method when placing the order:
9.3.1. The ordered goods must be picked up no later than within 3 (three) working days after the Seller has informed the Buyer by e-mail that the goods can be picked up.
9.4. The Seller presents the goods to the Buyer, following the terms specified in the Goods description. These terms are preliminary, moreover, do not apply in cases where the Seller does not have the necessary goods in the warehouse, and the Buyer is informed about the shortage of the goods ordered by him. By confirming these Rules, the Buyer agrees that in exceptional cases the delivery of the goods may be delayed due to unforeseen circumstances beyond the Seller's control. In this case, the Seller undertakes to contact the Buyer immediately and to reconcile the terms and conditions of delivery of the goods. If the Seller does not deliver the goods within the additional term, the Buyer may exercise the right set out in clause 11.1 of the Rules — to withdraw from the Agreement of purchase and sale of goods or services.
9.5. The Seller shall be exempted from liability for breach of delivery deadlines if the goods are not presented to the Buyer or presented in an untimely manner due to the fault of third parties or due to circumstances that depend on the Buyer.
9.6. At the time of delivery of the goods to the Buyer, the Buyer must together with the Seller or his authorized representative check the condition of the consignment and the goods and sign the consignment delivery-acceptance document. After the Buyer signs the delivery-acceptance document, the goods are considered to have been delivered in proper condition, there are no violations, the occurrence of which is attributable to non-factory defects, and no discrepancies in the setting of the consignment (such, that could be determined by external visual inspection) in the product (s). Noticing that the packaging of the delivered product is damaged (wrinkled, wet or otherwise externally damaged), the product (s) is (are) damaged and / or the product (s) is in an incorrect configuration, the Buyer must indicate this in the product delivery-acceptance document and inform the Seller by e-mail. If the Buyer fails to perform these actions, the Seller shall be exempted from liability against the Buyer for violations of the goods, if the basis for the occurrence of such violations is not factory defect, and exempted from liability due to discrepancies in the composition (setting) of the goods, if these discrepancies can be determined by examining the exterior of the goods.
9.7. The risk of accidental death of the goods or their breakdown passes to the Buyer from the moment when the goods are transferred to the Buyer.
9.8. If, in accordance with points 9.2 - 9.6 of the Rules, the Buyer does not collect the goods within the set term or it is impossible to deliver them to the Buyer and the Buyer has paid for the goods, representatives shall contact the Buyer regarding another delivery time and / or method. If the Buyer still does not collect the goods or it is impossible to deliver them to the Buyer, such goods are returned to the Seller, the order is canceled and the Buyer is refunded the money paid for the goods, minus the bank charges applicable to the Seller, if they are applied.
9.9. If, in accordance with points 9.2 - 9.5 of the Rules, the Buyer does not collect the goods within the set term or fails to deliver them to the Buyer and the Buyer has not paid for the goods, such goods are returned to the Seller and the order is canceled.
- Quality guarantee and suitability for use
10.1. The characteristics of each product sold by FreakyFoxx are indicated in the product description attached to each product.
10.2. The goods offered by the seller are of appropriate quality, i.e. the characteristics of the goods correspond to the description of the product. The item corresponds to the consumers purchase and sale agreement if:
10.2.1. the product corresponds to the description provided by the Seller and has the same characteristics as the product provided by the Seller as an example or model by advertising that product at FreakyFoxx;
10.2.2. the item is suitable for use for which such goods are normally used;
10.2.3. the product corresponds to the quality indicators that are usually characteristic of the same type of goods and which the Buyer can reasonably expect according to the nature of the product and the statements made publicly by the manufacturer of object, his representative or seller, including advertising and marking of the items for the specific properties of the item.
10.3. The Seller is not responsible for the fact that the goods presented in FreakyFoxx may not correspond in their size, shape, color or other parameters to the real size, shape, color or other parameters of the goods due to the features of the display used by the Buyer or other technical reasons. Buyer is recommended to read the description of the product.
10.4. The quality guarantee provided by the Seller does not limit or restrict the rights of consumers, which are imposed on them by legal acts when purchasing a product or service of poor quality.
- Right to withdraw from the Purchase and sale agreement, return and exchange of goods
11.1. Right to withdraw from the Purchase and sale agreement:
11.1.1. The Buyer, without specifying the reason within 14 (fourteen) days, has the right to withdraw from such an agreement by notifying the Seller.
11.1.2. The Buyer shall notify the Seller about the withdrawal from the Purchase and sale agreement in one of the following ways: by filling out a sample withdrawal form or by submitting a clear statement setting out his decision to withdraw from the contract. Notice of withdrawal is sent by e-mail. to email@example.com Upon receipt of the Buyer's notice, the Seller shall immediately send an acknowledgment of receipt of the notice.
11.1.3. The term of 14 (fourteen) days provided for to exercise the right of withdrawal from the purchase and sale agreement is calculated as follows: a. when a purchase sales agreement is concluded, from the date on which the Buyer or a person specified by him, other than the carrier, receives the ordered goods; b. if the Buyer has ordered more than one item of goods in one order and the goods are delivered separately, - from the day when the Buyer or a person specified by him, except for the carrier, receives the last item of the goods; c. if the goods are delivered in different lots or in parts, from the day when the Buyer or a person specified by him, except for the carrier, receives the last lot or part of the Goods; d. if an agreement is concluded for the regular delivery of goods within a specified period, from the date on which the Buyer or a person specified by him, other than the carrier, receives the first goods.
11.1.4. If the Buyer has refused the purchase and sale agreement before the goods have been delivered to him, the Seller shall formalize such refusal of the Buyer as a rejection of the order and inform the Buyer accordingly at the e-mail address specified by him.
11.1.5. If the Buyer refused the Purchase and sale agreement after the item has already been delivered, or the Goods have been claimed by him, the provisions provided for in clause 11.6 of the Rules shall apply.
11.2. Rules for the exchange and return of goods of appropriate quality
11.2.1. The Buyer has the right to replace the purchased goods with similar goods of different dimensions, shape, color, model or completeness within 14 (fourteen) days from the day of delivery of the goods to him. If there is a price difference when changing the goods, the Buyer must pay with the Seller according to the recalculated prices. The Buyer's notification of the wish to exercise the right provided for in this clause of the Rules with the returned goods shall be sent to the e-mail firstname.lastname@example.org.
11.2.2. If the Buyer does not like the shape, size, color, model or completeness of the purchased goods, the goods are replaced and returned in accordance with the "Retail sales rules", approved by the 22 July 2014 Regulation of the Government of the Republic of Lithuania No. 738. Within the term provided for in point 11.3.1 of the Rules, the Buyer has the right to replace and return all goods sold by FreakyFoxx,
11.2.3. Upon receipt of the goods, the Seller undertakes to replace them with the same goods in the form, size, color, model or completeness specified by the Buyer. If the Seller does not have a suitable item for replacement, he shall return the money paid for the item to the Buyer. Money shall be returned to the Buyer within 7 (seven) business days after the Seller has received the Buyer's notification of the wish to exercise this right, and if the Product has not been returned to the Seller by the Buyer, the term provided for in this paragraph shall be calculated from the date of return of the Product to the Seller.
11.2.4. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.2.5. The Buyer must send the goods of the correct right quality to the Seller at his own expense. The procedure for the return of goods and money is provided for in clause 11.5 of the Rules.
11.3. Rules for changing and returning goods of poor quality:
11.3.1. Deficiencies of sold goods are eliminated, defective goods are replaced and returned in accordance with the procedure established in the Rules and taking into account the requirements of the legislation of the Republic of Lithuania.
11.3.2. If the Buyer has acquired goods of inappropriate quality and has noted it in the document of transfer/acceptance of the goods (if he did not note that, provisions of point 11.3 of the Rules apply) or the wrong quality of the goods is manifested by a manufacturing defect that was present at the time of purchase of the goods or non-compliance with the specifications specified by the manufacturer is present, the Buyer may return the goods and his own and may require at his choosing:
220.127.116.11. that the Seller would eliminate the defects of the product, if the defects can be eliminated, free of charge within a reasonable period of time;
18.104.22.168. to reduce the purchase price accordingly;
22.214.171.124. to replace the product with an analogous product of proper quality, except when the defects are small or they arose due to the fault of the Buyer;
126.96.36.199. to return the paid price and withdraw from the Purchase and sale agreement when the sale of the goods of poor quality is a material violation of the order.
11.3.3. The Buyer may choose only one of the remedies provided for in clause 11.4.2 of the Rules. The Buyer must make his choice by returning the item. In case the Buyer chooses the method, provided for in point 11.4.2., and the Seller has no way of implementing it, the Seller offers ways alternative to the ones, specified in point 11.4.2. The Buyer does not have the right to change the chosen remedy. The buyer does not have the right to terminate the Purchase and sale agreement if the shortage of the product is minor one.
11.3.4. In order to return the goods to the buyer, the following conditions must be observed by the Buyer:
188.8.131.52. notify the Seller by e-mail email@example.com, the notification must indicate the returned goods and the order number;
184.108.40.206. submit a document for the purchase of goods;
220.127.116.11. submit a free-form application.
11.3.5. The Buyer may exercise the right to return the goods of inadequate quality within 14 (fourteen) days from the date of transfer of the goods to him.
11.3.6. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with the procedure for return of the goods specified in the Rules.
11.3.7. The Buyer must send the goods of improper quality to the Seller at his own expense. When returning goods, the provisions of point 11.5 of the Rules are used.
11.3.8. Money shall be returned to the Buyer within 7 (seven) business days after the Seller has received the Buyer's notification of the product (goods) of proper quality, and if the Product has not been returned to the Seller by the Buyer, the term provided for in this paragraph shall be calculated from the date of return of the Product to the Seller. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.3.9. Money is not refunded for goods that have been intentionally or negligently damaged (exposure to chemicals, water, open fire, high temperature, sharp objects, etc.), or if the rules on the use or storage of the goods have been violated, or the goods have been misused or used not according to their purpose.
11.4. Replacement and return of goods after delivery other than those goods:
11.4.1. If the wrong goods have been delivered to the Buyer, the Buyer must immediately, but not later than within 7 (seven) business days, inform the Seller by e-mail firstname.lastname@example.org. The Seller undertakes to pick up such goods at his own expense and replace them with suitable goods. In the event that the Seller does not have the ordered goods, he shall return the money paid for the item (s) to the Buyer. Money shall be returned to the Buyer within 7 (seven) business days after the Seller has received the Buyer's notification of the refusal of the Agreement, and if the Product has not been returned to the Seller by the Buyer, the term provided for in this paragraph shall be calculated from the date of return of the Product to the Seller. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.4.2. The procedure for the return of goods and money is provided for in clause 11.5 of the Rules.
11.5. Procedure for the return of goods and money:
11.5.1. The Buyer may exercise the right to return the goods only if the deadline for the return of the goods has not been missed, the product has not been damaged or substantially changed its appearance, nor has it been used. All returned goods must be accompanied by authentic labels, protective bags and original packaging.
11.5.2. All gifts that were presented with the purchased product must be returned at the same time.
11.5.3. When returning the goods, the Buyer must specify his sender's address and properly pack the product so that it is not damaged during shipment. The seller will not refund the money for the goods that were damaged at the time of shipment. The Seller shall not be liable for parcels that were shipped incorrectly packaged with an incorrect address, or if the parcels that were lost or damaged during shipment.
11.5.4. The Buyer, having exercised the rights provided for in clauses 11.1.-11.5 of the Rules, must fulfill the requirements of the Rules regarding the return of goods and comply with the procedure provided for in them.
11.5.5. If the Buyer has exercised the rights enshrined in clauses 11.1., 11.3.-11.5 of the Rules, the money shall be returned to him within 7 (seven) business days after the Seller has received the Buyer's notification, and if the goods are not returned to the Seller, the term provided for in this clause shall be calculated from the day of the return of the product (goods) to the Seller.
11.5.6. By confirming these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
11.5.7. After exercising the rights established in points 11.1.-11.5 of the Rules, the full price of the goods shall be returned to the Buyer.
11.5.8. The Seller has the right not to refund the amounts paid to the consumer until the goods have been returned to the Seller and have not been verified for compliance.
11.5.9. If there is a price difference when changing the goods, the Buyer must pay with the Seller according to the recalculated prices.
11.5.10. Return the goods to the address: MB "Keista lapė", Polocko g. 38-2, LT-01205 Vilnius, Lithuania
12.1. Buyer is responsible for actions taken using FreakyFoxx.
12.2. After registration, the Buyer is responsible for storing and/or transferring his/her login data to third parties. If the services provided by FreakyFoxx are used by a third person, logging in to FreakyFoxx using the Buyer's login data, the Seller considers this person to be the Buyer.
- Exchange of information
13.2. The Buyer shall send all notices and questions to the Seller by the means of communication specified in the "Contacts" section of FreakyFoxx webpage.
- Final provisions
14.1. These Rules are drawn up in accordance with the legislation of the Republic of Lithuania.
14.2. Relations arising on the basis of these Rules are governed by the law of the Republic of Lithuania.
14.3. Any disagreement arising from the implementation of these Rules shall be resolved by the following means:
14.3.1. Through negotiations.
14.3.2. You can submit a request/complaint regarding the service purchased it through FreakyFoxx to the State Consumer Rights Protection Authority (Vilniaus str. 25, LT-01402 Vilnius, e-mail email@example.com, tel. 8 5 262 67 51, fax. (8 5) 279 14 66, website www.vvtat.lt), as well as to the territorial divisions of the State Consumer Rights Protection Authority in the counties or fill in the application form on the EDR platform http://ec.europa.eu/odr/
14.3.3. In case of failure to reach agreement within 30 (thirty) calendar days, disputes shall be resolved in accordance with the procedure established by the legislation of the Republic of Lithuania.