Terms and Conditions of Openmindceramics.com Distance Contract of Purchase and Return rules
1. These terms and conditions of openmindceramics.com distance contract of sale and purchase (hereinafter “Rules” or “Purchase Rules”) define and set terms and conditions for ordering, buying, returning of goods of openmindceramics.com operator Arūnas Valančius as well as specifies the information, required to submit to the Buyer in accordance with Lithuanian legislation.
2. The product seller is Arūnas Valančius, operating under the business license No. UH716081-1 (Keraminių buities ir puošybos gaminių bei dirbinių gamyba, ST, (EVRK klasė 23.41)), located at Rinktinės g. 28, LT-09315, Vilnius, Republic of Lithuania (hereinafter referred to as the “Seller”).
3. Ordering of Goods
3.1. The Buyer, who is buying online, confirms that he/she agree with the overall cost of the goods, inclusive of all taxes, additional fees, charges and / or other costs (such as transport, shipping, postal and other costs), provided that such additional charges and / or expenses exist, by pressing a button “Order”. Buyer also confirms that he has familiarized him/her self with, agrees to and undertakes to be bound by Terms and Conditions for Usage of openmindceramics.com Webpage and/or Application (Terms and Conditions), these Purchase Rules and rules of return provided herein i.e. distance contract of sale and purchase is concluded (hereinafter “Contract”) between the Seller and Buyer. Buyer confirms that he/she familiarized him/ herself with description of the goods. If Buyer does not agree to any part of these Rules or Terms and Conditions, overall price or any part of it and/or additional fees and costs, Buyer must not place an order, buy goods and conclude distance contract with Seller.
4. Rights and Obligations of Buyer
4.1. When placing an order, Buyer is obliged to provide true and correct information to the Seller.
4.2. By agreeing to these Rules, the Buyer also confirms that the conclusion of the distance contract shall be without prejudice to third party rights and legitimate interests and has the right to conclude the contract. The Seller does not accept any legal liability if any conformation of the Buyer in whole or in part is false or misleading in any respect.
4.3. The buyer does not comply with criteria laid down in points 4.2 and 4.2 of the Rules, must not order, not to buy the product and not the conclude distance contract, otherwise all the associated negative consequences and risk and legal liability lies with such person.
4.4. Unless Seller has specified otherwise in other materials and / or documentation (including, but not limited to, advertising, instructions, warranty, etc.), The buyer has no right to take advantage paragraph 11 (the right of withdrawal and return of goods) if goods have been ordered and / or produced or manufactured according to individual/custom orders from Buyer to or are clearly tailored to the individual needs of the Buyer and are not pre-fabricated and in other cases provided for in Lithuanian laws.
4.5. Product name and key properties are specified in the description and / or the Seller’s online shop, where the product is purchased.
4.6 If the item is sent by courier, the Buyer must accept the delivery at the address specified by the Buyer. If the Buyer is not at the delivery address during the delivery, they must collect the item within the time specified by the shipping operator at the location specified by the shipping operator. If the items are sent abroad, different additional or local operator rules may apply.
4.7. If the item is sent through a parcel terminal, the Buyer must collect the item from the parcel terminal within the storage time set by the shipping operator. If the items are sent abroad, different additional or local operator rules may apply.
5. Rights and Obligations of Seller
5.1. Seller undertakes to send the ordered goods to the Buyer by to the address provided by the Buyer.
5.2. The seller undertakes to keep and ensure confidentiality of information provided by the Buyer and not pass it to third parties without the consent of the Buyer, with the exception of provisions set in Lithuanian legislation and these Rules.
5.3. The Seller undertakes to securely package the goods (ceramic products) and stick a warning sticker “FRAGILE” / adhesive tape with the inscription “FRAGILE” on the package.
5.4. Seller has the right to assess the condition of the returned goods according to Rules on returned goods set by openmindceramics.com. If goods do not meet requirements of such rules, goods shall no be accepted from the Buyer and will be returned to the Buyer. Representative of Quality department shall contact the Buyer within reasonable time frame regarding the way of returning of goods to the Buyer. Shipping costs for returning of goods that were returned in violation of Rules on Return of Goods shall be borne by Buyer.
6. Payment
6.1. Buyer can pay in e-shop via Paysera system.
7. Delivery
7.1. The Seller sends ordered goods to the address specified by the Buyer.
8. Delivery Terms
8.1 The goods normally are sent to Buyer (if not stated otherwise Seller’s website or otherwise agreed) in 5 (five) business days after the Seller’s account is credited the payment for the goods. The Seller does not guarantee an exact delivery time. Delivery time depends on geographies of Buyer and parcel service operators.
8.2. In any case, the Seller has the right to send the goods not later than 30 (forty) calendar days from the date of conclusion of Contract if Buyer and Seller did not agreed otherwise.
8.3. If the Buyer does not accept the parcel to the address indicated or does not pick-up the parcel during storage time set by courier operator, it is considered that the Buyer refuses to comply with this Contract. The Buyer has the right to appeal in writing to the Seller with a request to return the Buyer money paid for the goods. If the Buyer does not accept the goods during abovementioned terms and according the said procedures, and goods are returned to the Seller, the Buyer at Seller’s written request, must compensate the following Seller’s damages in connection with the delivery of goods, storage and return to the Seller: Contract fee: EUR 2, mail/parcel postage, payment service charges (incoming payment and outgoing payment); Seller will set of these amounts against returned amounts. The Buyer has the right to contact the Seller with a request to return the amounts paid no later than sixty (60) calendar days after parcel operator set a storage period (after which parcel is returned to the sender) but in any case not later than 90 days after the goods are sent. Requests for refunds must include information indicated in Rules on return of Goods. The parties expressly agree that, if the Buyer does not contact Seller for a refund within set deadlines and according to the procedures, the Seller has the right to keep paid amounts and set of them as a fine for violation of the Buyer’s obligations under this paragraph (amount of fine is equal to the price paid).
9. Warranties for goods
9.1. The warranty does not apply to ceramic products that have been broken due to the fault of the Buyer.
10. Complaints procedure
10.1. All complaints can be submitted by e-mail to labas@asgaliupadeti.lt
10.2. The Seller has the authority to investigate complaints for thirty(30) days from the date they were received, if the Lithuanian legislation does not impose any other terms. In complex cases, this time limit may be extended for an additional fifteen (15) days. Replies on complaints submitted to the purchaser by e-mail or the Buyer’s indicated post address.
11 The withdrawal rules and procedures
11.1. The buyer has the right without giving any reason and without incurring any other expenses than those set out in the Civil Code of the Republic of Lithuania Art. 6.228[11] to withdraw from the distant contract concluded with Seller. The withdrawal period will expire within 14 (fourteen) days from the date on which the Buyer or person indicated by the Buyer (other than the carrier) has received the goods, or the final good (in the case a contract is concluded for more than one good and they are delivered separately) or the last lot or piece (in the case of a contract under which the product is delivered in different lots or pieces). To exercise the right of withdrawal, the Buyer shall notify the Seller of its decision to withdraw from the contract by an unequivocal statement (in writing by post to address indicated in the Contract). Buyer can take use a form approved by Lithuanian legislation, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that the buyer sent a notice of the fact that the exercise of his right of withdrawal before the end withdrawal period.
11.2. If the Buyer withdraws from the contract, the Seller immediately and in any event no later than 14 days from the date on which the Buyer shall communicates his/her decision to withdraw from the contract and returns the goods to the Seller, Seller returns amounts received from the Buyer, including delivery costs. Seller shall pass decision regarding returning of amounts after returned goods are received and their condition is assessed. Seller will return amounts to PayPal account. In any case the Buyer does not pay any fees to Seller regarding repayment. The Buyer shall cover costs related to returning of goods (postage fee).
11.3. Buyer is responsible for diminished value of goods, caused by actions, that are not necessary to evaluate nature, characteristics and functioning of the goods. Quality goods, which are used only once (such as tests) shall not be returned.
12. Return And Change Rules For Goods Purchased By Distance Contract
12.1. Faulty goods return rules
12.1.1. Handmade ceramic products may be uneven, have different shapes, textures or colors. The Buyer cannot rely on these aspects and demand to replace the product as defective.
12.1.2. The colors in the photos of the online store’s products may be distorted depending on the screen parameters used by the Buyer, therefore the Buyer cannot demand to replace the product as defective because the color of the ceramic product on their device screen differs from the actual color of the product.
12.1.3. Buyer, who received defective goods, has rights set in Civil Code of Republic of Lithuania and the Retail trade regulations (Government Resolution No. 697; 2001-06-11). If the buyer wants paid money to be returned to the buyer and the buyer’s claim is approved, the money shall be returned within 30 days of transfer to the Buyer‘s account.
12.1.4. Returning of faulty goods will be free for the Buyer (in the territory of the Republic of Lithuania). If the product is packaged, packaging costs are not reimbursed.
12.1.5. During the warranty period defective product is replaced by a similar or other quality product or money back. If the Buyer wishes to change a faulty product to a more expensive product, the Purchaser shall pay the increased price difference.
12.1.6. When changing faulty item, the goods are sent to Buyer not later than thirty (30) calendar days from the date Buyer’s claim and faulty item are received, if the Buyer and Seller did not agree otherwise. In a case there are no goods for changing, amount paid for goods will be returned to Buyer.
12.2. Terms and Conditions for Refund, change of goods to analogous:
12.2.1. Before returning goods, please contact meditacinekeramika.lt by e-mail labas@asgaliupadeti.lt Usually the Seller will offer the returning goods sent by registered mail. The Seller shall pay the cost of return by registered mail in Lithuania. The seller may withhold payment until goods are received.
12.2.2. The Seller has the right to propose to Buyer not to send goods, if after communication with Buyer it comes to knowledge, that Buyer breached the requirements listed in paragraph 12.3.
12.2.3. By returning goods, the Buyer agrees that in accordance with the requirements of paragraph 12.3 Returned goods will be assessed once more the warehouse. If goods did not meet the requirements of these rules, the item is returned back to the Buyer. The Seller within a reasonable time (normally within 9 business days) must contact the customers regarding return of the goods. For goods that were returned not in accordance with these Rules, the shipping costs shall be borne by the Buyer.
12.3. Terms and Conditions for Return of Quality Goods within Withdrawal period:
12.3.1. Quality goods that are returned must meet the following requirements:
- returned goods must be in original, tidy packaging.
- The returned item must be intact and undamaged;
- returned goods must be not used by Buyer;
- returned goods must be of merchantable quality;
- consumable properties of returned goods must be preserved;
- returned goods must be of the same kit (including gifts and other accessories),as was received by the Buyer;
- when returning the goods, purchase documents must be included and the completed product return form which the Purchaser will supplied with the goods.
Updated May 2023