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E-shop Createdemotionally.com Rules for Purchase and Sale of Products, Gift Cards and Coupons 

1 Terms

1.1. Seller – Rasa Glasaitė, individual activity code 674778

1.2. Createdemotionally.com – E-shop, internet address: www.createdemotionally.com

1.3. Buyer – 1) an adult natural person who has the right to conclude transactions under applicable legal acts and who purchases Products for personal use (not for business purposes), 2) a legal person of the Republic of Lithuania who purchases Products as an end-user (intending to use the Products for representational or other purposes not related to resale of the Products or their use for business, production, services provision purposes; 3) duly authorised representatives of all of the above listed persons.

1.4. Parties – the Buyer and the Seller collectively.

1.5. Seller’s Partner – a legal person involved for: 1) execution of the Buyer’s order; 2) performance of joint campaigns or projects on createdemotionally.com, internet websites of such legal person or any media where the campaign or project of createdemotionally.com and such legal person will be described or published.

1.6. Personal Data – any information relating to a natural person (data subject) who is known or who can be identified directly or indirectly by reference to such data, such as a personal identification number or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

1.7. Rules – these E-shop createdemotionally.com Rules for Purchase and Sale of Products, Gift Cards and Coupons.

1.8. Product – everything that is offered on the E-shop createdemotionally.com: cosmetics and perfume products, accessories, home decoration products, gift cards and coupons. For the purposes of these Rules, the terms ‘product’, ‘products’ used separately shall have the meaning of both singular and plural.

1.10. Privacy Policy – the document approved by the Seller which defines the principal rules of collection, accumulation, processing and storage of Personal Data when using createdemotionally.com The Privacy Policy constitutes a component part of the Rules.

2. General provision

2.1. These Rules constitute a legal document binding on the Parties which defines the rights and duties of the Parties, the conditions of purchase and payment for Products, the procedure of delivery and return of Products and other conditions connected with the purchase and sale of Products on createdemotionally.com.

2.2. The Seller retains the right to amend, supplement and correct these Rules at any time. The recast Rules shall enter into force when they are published on createdemotionally.com The Buyers who subscribed for a newsletter shall be informed about amendments to the Rules by e-mail. The applicable version of the Rules is available to the Buyers on createdemotionally.com website and is also introduced to them each time when they purchase the Products.

2.3. All persons indicated in paragraph 1.3 of these Rules shall have the right to purchase Products on createdemotionally.com after confirming that they have got familiarised with the Rules (paragraph 2.4 of the Rules). By confirming that they have got familiarised with the Rules the Buyers also confirm that they have the right to purchase Products on createdemotionally.com, i.e. that they meet the definition of the ‘Buyer’ specified in the Rules.

2.4. The Buyer shall confirm that he has got familiarised with the Rules and give his consent to comply with these Rules each time when making the Product purchase order.

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 to the Seller the active e-mail address which belongs to the Buyer.

3. Personal Data protection

3.1. When purchasing Products the Buyer must specify to the Seller his Personal Data necessary for the proper execution of the delivery of Products: the forename, surname, address (city, street, building number (apartment number – optional), postal code) for delivery of the Product(s), the active e-mail address and phone number for contacts regarding approval of the order (if applicable) and/or for receiving the data necessary for making payment for the Products.

3.2. The Buyer who accepts these Rules agrees to receive to the e-mail address specified by him the information messages necessary for the confirmation the order, payment and delivery of Products or other execution of the order.

3.3. The Seller shall ensure that Personal Data of Buyers indicated in paragraph 3.1 of the Rules are used only for the purposes of sale of Products. Subject to a separate consent of the Buyer, the data provided by the Buyer shall also be used for direct marketing purposes.

3.4. The terms of Personal Data processing are described in the Privacy Policy of CreatedEmotionally.

3.5. The Seller undertakes not to disclose Personal Data of the Buyer to third parties, except for the Seller’s Partners providing Product delivery services or other services connected with the proper execution of the Buyer’s order. In other cases, Personal Data of the Buyer may be disclosed to third parties only in accordance with the procedure provided for by legal acts of the Republic of Lithuania.

3.6. In observance of paragraph 3.5, when accepting these Rules the Buyer also gives his consent to createdemotionally.com to process the Buyer’s Personal Data provided by the Buyer himself or received by the Seller during performance of the Contract and to transmit such data to Partners for the Contract performance purpose (ensuring the delivery of Products, payment for them, etc.) to the extent necessary for the fulfilment of the respective functions. The Buyer has been informed that the list of data recipients can change. The Buyer has been informed that he has the right to request from the Seller (the processor of Personal Data) the list of entities to which his Personal Data have been transferred.

3.7. The Seller has approved a separate document – the Privacy Policy regulating the principal rules of collection, accumulation, processing and storage of Personal Data when using createdemotionally.com. The Personal Data processing matters not contemplated in these Rules are regulated by the Privacy Policy which shall have the priority in the case of any discrepancies. The Privacy Policy should be treated as a component part of the Rules; therefore the term ‘Rules’ used herein shall also include the Privacy Policy.

4. Ordering of Products, concluding a purchase–sale contract

4.1. Not registered users may purchase in the E-shop createdemotionally.com

4.2. Legal relationships of purchase–sale between the Seller and the Buyer shall arise and a purchase–sale contract (hereinafter – the Contract) between them shall be considered to be concluded from the time when the Buyer, having selected on the E-shop createdemotionally.com the purchased Product(s) and formed the Product cart, performs all ordering steps (including familiarisation with these Rules), the last of which is the selection of the purchase method and clicks the link ‘Confirm order’.

4.3. Buyers’ orders shall be registered and stored in the database of the E-shop createdemotionally.com for not more than 2 (two) years calculating this term from the expiry of the last purchase-sale relationships. If the Seller deems necessary, the Buyers’ orders or even a particular order of a single Buyer may be retained in the database of the E-shop createdemotionally.com for a longer period, where this is necessary for the record-keeping purposes of the Seller and/or for implementing other legitimate purposes of the Seller connected with the activities pursued thereby.

5. Rights of the Buyer

5.1. The Buyer shall have the right to purchase Products on E-shop createdemotionally.com in accordance with the procedure set forth in these Rules.

5.2. The Buyer shall have the right to withdraw the order in accordance with the procedure set forth in these Rules.

5.3. Acting in accordance with the procedure specified in paragraph 12 of the Rules, the Buyer shall have the right to withdraw from the Contract concluded online with createdemotionally.com; however, no later than within 14 (fourteen) days of the day of delivery of Products.

5.4. The Buyer shall have the right to have the purchased Products replaced or return them in accordance with the procedure set forth in these Rules.

5.5. The Buyer shall enjoy other rights provided for in these Rules, the Privacy Policy and legal acts of the Republic of Lithuania.

6. Rights of the Seller

6.1. The Seller shall have the right to change, suspend or terminate the operation of all or part of certain functions of createdemotionally.com, and to change the layout of components provided on createdemotionally.com

6.2. The Seller shall have the right to suspend or terminate the operation of createdemotionally.com. In such case, the execution of all accepted and confirmed orders of Buyers shall be finished and new orders shall not be accepted.

6.3. The Seller shall have the right to cancel the Buyer’s order according to the conditions and procedure provided for in paragraph 10 of the Rules.

6.4. When the Buyer selects the method of delivery provided for in subparagraph 11.4, in the event of any ambiguities regarding the information specified in the order, the Seller shall have the right to contact the Buyer using contact details indicated in the order.

6.5. The Seller may carry out marketing campaigns of various types and, subject to a prior consent of Buyers, notify them of such campaigns by sending the information according to the contact details indicated by the Buyers. The Seller shall also have the right, at any time, unilaterally and without a separate notice change the terms and conditions of the specified marketing campaigns and terminate the already started campaigns.

6.6. The Seller shall have other rights provided for in these Rules, the Privacy Policy and legal acts of the Republic of Lithuania.

7. Obligations of the Buyer

7.1. The Buyer must pay, in a timely manner, for the purchased Products and accept them in accordance with the procedure set forth in these Rules.

7.2. The Buyer hereby undertakes to protect and not to transfer to third parties the details of his personal information that is used for purchasing. The liability for consequences arising due to improperly stored data shall rest upon the Buyer.

7.3. Buyers of E-shop createdemotionally.com must get familiarised with these Rules and Createdemotionally Privacy Policy, and follow them and other conditions explicitly specified on the E-shop, and also act in compliance with legal acts of the Republic of Lithuania.

8. Obligations of the Seller

8.1. The Seller undertakes to provide a possibility to use the services of the E-shop the conditions of operation of which are established by these Rules and other conditions provided for in createdemotionally.com

8.2. The Seller undertakes to deliver to the specified address the Products purchased by the Buyer in observance of these Rules.

8.3. The Seller undertakes to respect the Buyer’s privacy right to personal information which belongs to the Buyer, i.e. to process Personal Data of the Buyer only in observance of the procedure set forth by the Rules, the Privacy Policy and legal acts of the Republic of Lithuania.

8.4. In accordance with conditions provided for in the Rules the Seller undertakes to deliver to the Buyer the ordered Products and to accept from the Buyer the returned Products.

8.5. Where in unforeseen situations due to unexpected circumstances the Seller is unable to deliver the purchased Product of the E-shop createdemotionally.com the Seller undertakes to offer to the Buyer an analogous product or a product which is as much as possible similar in terms of its qualities. If the Buyer refuses to accept the Product offered by the Seller as an analogous or similar product, the Seller undertakes, within 9 (nine) business days of receipt of the Buyer’s refusal, to refund to the Buyer the money paid by him in the case of an advance payment, and where no payment was made – to cancel the order.

8.6. If the Buyer returns the Products, the Seller undertakes to refund the money paid by the Buyer within 14 (fourteen) days of the day of submission of the Product return form to the Seller; however, only when the Products being returned are actually received.

9. Product prices, terms and payment procedure

9.1. Prices of Products in the E-shop createdemotionally.com shall be expressed in euro, including VAT.

9.2. After approval of the order by the Seller, the price of Products may not change, except where the Product price has changed due to technical error of information systems or other objective circumstances that do not depend on the Seller. If, in such case, the Buyer disagrees to purchase the Product for a new price, the Buyer may withdraw the order informing the Seller about that in 2 (two) business days. When the order is cancelled in accordance with the procedure specified in this paragraph, the Buyer shall be refunded all amounts paid by him.

9.3. The Buyer shall pay for the purchased Products in one of the following ways:

9.3.1. paypal or stripe;

10. Order cancellation

10.1. The Seller shall have the right, without a prior notice to the Buyer, to cancel the Buyer’s order, where the Buyer, having selected the payment methods provided for in subparagraphs 9.3.1 of the Rules fails to pay for the Products within 3 (three) business days.

10.2. Where the Buyer as made an advance payment for the ordered Products, but at the time of their delivery the Buyer is unreachable for 3 (three) business days, the Seller shall have the right to cancel the order unilaterally, without a separate notice, and refund to the Buyer, within 14 (fourteen) days, the money paid by him for the Products; in such case, the Seller shall have the right to withhold and not to refund the fee for the delivery of Products.

10.3. Where the Buyer had confirmed the order in accordance with the procedure specified in paragraphs 4.2 or 4.3 of the Rules, but later for some reasons decided to withdraw the order regardless of whether the advance payment has already been made, the Buyer shall have the right to withdraw the order within 24 (twenty-four) hours notifying the Seller about that by e-mail address:info@createdemotionally.com After receipt of the above specified notification of the Buyer, the Seller shall stop executing and shall cancel the Buyer’s order and, if the Buyer had made the payment, shall refund to the Buyer, within 14 (fourteen) days, the money paid by him. Where the Buyer withdraws the order after expiry of the time limit of 24 (twenty-four) hours, the money for the Products shall also be refunded, but other resulting negative consequences shall be borne by the Buyer.

10.4. In the case specified in paragraph 6.4 of the Rules, the Seller shall have the right to cancel the Buyer’s order without a prior notice, where i) the Seller fails to reach the Buyer within 2 (two) business days after submission of the order, or ii) the Buyer fails to provide to the Seller the required information within the time limit indicated by the Seller, or iii) the Buyer does not give his consent to the Seller to verify his Personal Data.

10.5. The Seller shall have the right not to confirm the order or to cancel the order at any time before its delivery/transfer to the Buyer and to take a decision not to sell Products to the Buyer in the future, where there are grounds to judge that the Buyer does not correspond to the definition of the ‘Buyer’ within the meaning of these Rules, and, in particular, where Products are purchased not for personal (end-use) needs, but for business (for resale, provision of services or production of other products, etc.). In the event of doubts the Seller may request from the Buyer an additional confirmation regarding the Buyer’s status.

11. Delivery and collection of products

11.1. The Buyer shall have the right to choose the service of delivery of Products, the Buyer undertakes to provide to the Seller the full address of delivery of Products.

11.2. The Buyer undertakes to collect or accept the Products personally or designate another recipient of the parcel.

11.3. Products to the Buyer or to the person designated by the Buyer may be delivered by the Seller or by an authorised representative thereof.

11.4. If at the time of ordering the Buyer selects the courier’s service:

11.4.1. The Buyer undertakes to indicate the exact place of delivery of Products.

11.4.2. The Buyer undertakes to accept the Products himself. When accepting the Products the valid personal identity document must be presented (a personal identity card, passport, driving license of a new sample). Where the Buyer cannot accept the Products himself and the Products are delivered to the address specified by the Buyer, the Buyer shall have no right bring any claims to the Seller regarding the inappropriate transfer of the Products to a wrong person.

11.4.3. Products to the Buyer or to the person designated by him may be delivered by the Seller or by an authorised representative thereof.

11.5. Where when submitting the order the Buyer selects the method of delivery of Products to the self-service parcel terminal:

11.5.1. The Buyer undertakes to select the particular self-service parcel terminal and specify all requested contact details;

11.5.2. The ordered Products must be collected no later than within the time limit indicated in the notification about the received Product. If the Buyer fails to collect Products in due time, further matters of receiving/collecting the Products shall be settled between the Buyer and the provider of the self-service parcel terminal service and all related additional costs shall be borne by the Buyer;

11.5.3. When selecting the delivery of Products to the self-service parcel terminal, the Buyer should take into account the seasonality and possible outdoor temperatures, and try to collect the Products as quickly as possible after receiving the notification about their delivery. The Seller shall not be responsible for the change in qualities of Products due to exposure to ambient temperature (cold or heat) while Products are kept in the self-service parcel terminal until their collection.  

11.6. Where the amount of the Buyer’s order (after all discounts to which the Buyer is eligible) corresponds to the amount of the Product cart clearly published on the E-shop from which the delivery is free of charge – the delivery price shall be EUR 0. When Buyer orders more than one product, delivery price only of one product with more expensive delivery cost will be charged. Delivery of other products will be free.

11.7. The Seller retains the right to change the fee for the delivery of Products and the amount of the purchase from which the delivery is free of charge. The applicable rates shall be indicated in the order generation window so that the Buyer can access them prior to confirming the order.

11.8. Products to the Buyer or to the person designated by the Buyer shall be sent to the specified full address after receiving the payment; therefore, the term of delivery shall be calculated from receipt of the payment for the Product(s), except in the circumstances specified in paragraph 6.4 of the Rules – in such case, the term of delivery of the Products shall be calculated from the day of contacting the Buyer.

11.9. The Seller undertakes to make all efforts to deliver the ordered Products without undue delay.

11.10. The Seller shall be exempted from liability for the breach of Product delivery time limits, where Products are not supplied to the Buyer or are supplied not in a timely manner through the fault of third parties or for reasons out of the Buyer’s control.

11.11. The Seller is not responsible for any custom or import taxes that may apply.

11.12. Having collected the Products or received them to the specified address, the Buyer must examine together with the Seller or with an authorised representative of the Seller the condition of the parcel and Product(s) and sign the invoice, the waybill or any other document of transfer and acceptance of the parcel. When the Buyer signs the invoice, the waybill or any other document of transfer and acceptance of the parcel, it shall be considered that the parcel was transferred in a proper condition, and the Products are free from any damages the reason for the occurrence of which is attributable not to manufacturing defects, and the Product(s) are of full completion (which can be determined by examining the exterior of the Products). Having noticed that the packaging of the delivered parcel is damaged (crumpled, wet or its exterior is damaged otherwise), the Product(s) is (are) damaged and/or do not conform to the completion requirements, the Buyer must indicate this in the invoice, waybill or other document of transfer and acceptance of the parcel and, upon presence of the Seller or the Seller’s representative, draw up a free-form report on damage (non-conformity) of the parcel and/or Product(s).

11.13. If the Buyer fails to carry out the actions referred to in paragraph 11.12 of the Rules, the Seller shall be exempted from liability to the Buyer for damages of Products, where such damages arise not because of the manufacturing defects, and for the non-conformity to the Products’ completion requirements, where such non-conformities can be identified by examining the exterior of the Products.

11.14. Characteristics of all Products offered for sale are indicated in the description attached to each Product. The Seller shall not be responsible in those cases when the colour, shape, odour or other parameters of the Products available on the E-shop do not correspond to the size, shape, colour of actual Products and the Buyer’s vision because of the specifics of the monitor which is used by the Buyer and because of the latter’s subjective assessment.

11.15. The risk of accidental loss or damage of the Products shall pass on to the Buyer from the moment of transfer of the Product to the Buyer.

12. Return and replacement of Products

12.1. Products purchased on createdemotionally.com shall be returned and/or replaced in observance of Articles 6.362 and 6.363 of the Civil Code of the Republic of Lithuania and the Retail Trade Rules approved by Resolution No 738 of the Government of the Republic of Lithuania of 22 July 2014.

12.2. If the Buyer wishes to return the Product(s) of good quality, he must notify about that the Seller in writing (by e-mail)

12.3. The right to return the Product which is of good quality and has not been used may be exercised by the Buyer within 14 (fourteen) days of the day of delivery of the Products to him, notifying about that the Seller in accordance with the procedure provided for in paragraph 12.2 of the Rules.

12.4. Products shall be returned in observance of the following conditions:

12.4.1. The Buyer’s notification to the Seller about the return of Products shall be submitted within the time limits set for the return of the Product;

12.4.2. the Product being returned shall be in the original tidy packaging;

12.4.3. the Product must be not damaged by the Buyer;

12.4.4. the Product must be not used (not tested), not have lost its appearance (its labels must be intact, protective foil must not be torn off, etc.) (this subparagraph shall not apply in the case of return of the defective Product);

12.4.5. the Product being returned must be of the same completion in which it was received by the Buyer;

12.4.6. all gifts delivered together with the purchased Products must be returned together with the Product being returned.

12.4.7. when returning the Product it is necessary to provide the document of its purchase and the completed document of return;

12.4.8. the Product purchase and return costs shall be borne by the Buyer, except where the defective Product is returned – in such case, the Product return costs shall be borne by the Seller;

12.4.9. the money for the returned Products shall be repaid to the Bank account indicated by the Buyer.

12.5. If the Buyer has purchased in createdemotionally.com a set of Products completed by the Seller as one Product, the Buyer must return to the Seller the full set of the Products, i.e. the Buyer may exercise the rights of return of the Products only in respect of all Products contained in the set. Where the Buyer seeks to return the Product and at least one of the conditions referred to in subparagraphs 12.4.1 – 12.4.7 is not met, the Seller shall have the right to refuse accepting the full set of the Products being returned.

12.6. The Seller shall have the right to refuse accepting the Products being returned by the Buyer where the conditions of return of Products are not fulfilled.

12.7. Where the Buyer exercises the right established in paragraph 5.3 of the Rules, he shall be refunded the money within 14 (fourteen) calendar days after receipt of the Buyer’s notification by the Seller, and if the Product has not been returned by the Buyer to the Seller, the time limit provided for in this paragraph shall be calculated from the day of return of the Products to the Seller.

12.8. The Seller shall have the right not to refund to the Buyer the amounts paid by him until the Products are not returned to the Seller and their compliance with subparagraphs 12.4.2 – 12.4.7 of the Rules is not verified.

12.9. Where any difference in prices occurs due to replacement of the Products, the Buyer must pay to the Seller according to the recalculated prices.

13. Exchange of information

13.1. The Seller shall send notifications to the Buyer using the contact details – the e-mail and/or phone and the Buyer may contact the Seller via all channels of communication indicated in ‘Contacts’ of the E-shop createdemotionally.com

14. Liability

14.1. The Buyer shall be held fully responsible for the correctness of data provided in the purchasing form when placing the order. If the Buyer provides inaccurate data in the purchase form when placing the order, the Seller shall not be liable for the resulting consequences and shall become entitled to claim from the Buyer the compensation for incurred losses.

14.2. The Buyer shall be held fully responsible for his actions on the website when using createdemotionally.com

14.3. The Buyer shall be responsible for the safety of his personal details and/or for their transfer to third parties. Where the Buyer’s personal details are used by a third party for order submission and the performance of subsequent related actions, the Seller shall consider such third party to be the Buyer.

14.4. The Seller shall be relieved from any liability in all cases when losses are incurred because the Buyer, while being provided with such a possibility, fails to get familiarised with these Rules disregarding the Seller’s recommendations of and his own obligations.

14.5. In the event of damage, the guilty party shall indemnify direct losses to the other party.

15. Marketing means applied by the Seller

15.1. The Seller may organise various campaigns, unilaterally change their conditions at any time without a separate notice and terminate such campaigns.

15.2. Your email address might be used for cart tracking. You can op out of cart tracking by using unsubscribe link in an abandoned cart email.

16. Final provisions

16.1. These Rules have been drawn up in observance of legal acts of the Republic of Lithuania and European Union.

16.2. Relationships arising on the basis of these Rules shall be governed by law of the Republic of Lithuania.

16.3. Any disagreements arising with respect to the implementation of the Rules shall be settled by way of negotiations. In the event of the failure to reach agreement, disputes shall be settled in accordance with the procedure laid down by laws of the Republic of Lithuania.