Terms of service
RULES FOR PURCHASING GOODS IN THE ONLINE STORE
WWW.THE-QED.COM
-
General provisions
-
These Rules for purchasing goods in the online store www.the-qed.com (hereinafter - Rules) establish the general conditions for using the online store at www.the-qed.com (hereinafter - QED store). These Rules apply when a buyer of QED store (hereinafter - Buyer) selects, orders, and purchases goods offered in QED store or otherwise uses the services provided by QED store.
-
QED store is an online retail store aimed at consumers who purchase goods for personal, family, household needs not related to business or profession.
-
The sale of goods in QED store is organized, carried out, and related services to the Buyer are provided by "QEDAS", UAB (legal entity code 306966326; registered office address Variakojo g. 19, Rinkuškių k., LT-41188 Biržų r., Lithuania) (hereinafter - Seller).
-
The Buyer in these Rules is any person purchasing in QED store or using other services of QED store. The right to use QED store and purchase in it belongs to: (i) capable natural persons, i.e., persons who have reached the age of majority, or emancipated persons whose capacity has not been limited by court order; and (ii) legal entities acting through authorized representatives, registered in QED store in accordance with the procedure established in the Rules. By registering or placing an order, the Buyer unconditionally confirms that they have the right to purchase in the QED store.
-
Together with the order of goods submitted by the Buyer, these Rules become a contract between the Buyer and the Seller and are a binding legal document for both parties. The contract is considered concluded when the Buyer forms and submits an order for goods in the QED store and makes payment in accordance with the procedure and terms established in the Rules.
-
The Buyer is not given the opportunity to submit an order for goods in the QED store if they have not familiarized themselves with the Rules and/or do not agree with them. In cases where the Buyer does not agree with the Rules or a certain part of them, they should not order goods in the QED store. If the Buyer orders goods in the QED store, it is considered that the Buyer has familiarized themselves with and unconditionally agreed to the Rules. The Seller does not assume any risk or liability and is unconditionally released from it if the Buyer has partially or completely not familiarized themselves with the Rules, although such an opportunity was provided to them.
-
The Seller has the right to change the Rules. In order to submit an order, the Buyer must familiarize themselves with the updated version of the Rules, otherwise, the contract is not concluded. Changes to the Rules apply exclusively to new orders and do not affect orders already submitted by the Buyer but not yet fulfilled.
-
The Seller has the right to restrict the Buyer's use of the QED store services and/or cancel the Buyer's registration if: (i) the Buyer materially violates these Rules, primarily - by their actions or inaction poses a threat or causes harm to the Seller, other Buyers or third parties, the Seller's reputation, good name, stability or security of the QED store; (ii) the Buyer repeatedly violates these Rules after a warning; and/or (iii) the Buyer does not correct the violation of these Rules within a reasonable period specified by the Seller after a warning.
-
The Seller has the right to temporarily or completely terminate the operation of the QED store without prior notice to the Buyer. In the event of force majeure circumstances, the Seller has the right to suspend the execution of the contract until the force majeure circumstances disappear, notifying the Buyer about the suspension of the order execution. If the Buyer is no longer interested in the later execution of the contract, then the Buyer has the right to cancel the contract by notifying the Seller. If the Seller suspends operations but there is a possibility to fulfill confirmed orders, all rights and obligations provided for in these Rules or applicable legal acts related to already fulfilled or ongoing orders remain valid.
-
Protection of personal data
-
The Buyer, wishing to use the QED store and purchase goods offered in it, must fill out a registration form in the QED store system. In the registration form, it is mandatory to provide the following personal data of the Buyer: name, surname, email, address where the goods will be delivered, phone number, other data necessary for the delivery of goods. An authorized representative of a legal entity provides the name of the legal entity instead of the name and surname.
-
The Buyer is responsible for ensuring that the data provided in the registration form is accurate, correct, and complete. If the Buyer's data provided in the registration form changes, they must immediately update it. The Seller is not and will not be responsible for any damage incurred by the Buyer and/or third parties due to the fact that the Buyer provided incorrect, inaccurate and/or incomplete personal data or did not amend and supplement the data when it changed.
-
The Buyer has the right to freely change, supplement, or delete registration data at any time.
-
The Buyer's personal data will be processed in accordance with the Privacy Policy. If the Buyer uses the QED store services, it is considered that they agree to the processing of the Buyer's personal data and confirm that all provided information and personal data are correct and correspond to reality.
-
The Buyer's personal data will be used to identify the Buyer, determine whether the Buyer and the person to whom the goods are delivered are capable, to carry out the sale and delivery of goods, issue accounting documents, refund overpayments and/or money for goods returned by the Buyer, administer debts, fulfill other obligations arising from the purchase-sale contract, and ensure the Buyer's ability to use other services of the QED store.
-
The Buyer's personal data will be processed for direct marketing purposes only with the Buyer's consent.
-
The Buyer has the right to prohibit the collection and processing of their personal data at any time, except in cases where it is necessary for the fulfillment of requirements arising from the purchase-sale contract or for the fulfillment of the order.
-
Prices of goods and payment procedure
-
The prices of goods in the QED store and in the formed order are indicated in euros including VAT. Goods are sold to the Buyer at prices valid in the QED store at the moment of order submission.
-
The Buyer pays for the goods in one of the following ways: (i) payment using electronic banking - this is an advance payment using the Buyer's electronic banking system. When paying for goods in this way, a payment is generated in the electronic banking system according to the order being paid by the Buyer. The Buyer transfers the money to the Seller's account. The responsibility for the security of the Buyer's data during the payment in this case rests with the respective bank, as all monetary operations take place in the bank's electronic banking system; (ii) payment at the time of order using payment cards - this is an advance payment using the Buyer's debit or credit card. Both when entering credit or debit card data and when paying with a credit or debit card, the Buyer does not leave data in the QED store system, as the Buyer is redirected to the secure server of a certified service provider to perform the payment operation. Only partial information about the payment card number is returned to the QED store system from this server.
-
Delivery of goods
-
QED store trade is carried out and goods are delivered in the territories, by the methods and terms specified on the QED store website. The trading territory is determined by a unilateral decision of the QED. Goods are delivered by the Seller or its authorized representative.
-
A fee is charged for the delivery of goods, as indicated on the QED store website "Delivery Information" and applied at the moment of order submission. The delivery fee for goods can be both fixed and dependent on the value of the goods ordered by the Buyer and/or the delivery term.
-
The Buyer, when ordering goods, undertakes to specify the exact place of delivery of the goods.
-
The goods ordered by the Buyer are delivered to the address registered by the Buyer in the QED store system. The Buyer undertakes to receive the goods personally. In the event that the Buyer or recipient is not found at the delivery address specified by the Buyer in the QED store system, the Seller has the right to issue the goods to any other capable person at the specified address, and the Buyer has no right to make any claims to the Seller regarding the delivery of goods to an inappropriate subject.
-
If the delivery of goods is impossible due to the Buyer's fault or due to circumstances depending on the Buyer (the Buyer specified an incorrect address in the QED store system, the Buyer or recipient is not found at the specified address, the person receiving the goods is a minor, presented an invalid identity document or refused to present an identity document (when the Seller must ensure the age of the person receiving the goods according to applicable legal acts or these Rules), etc.), the goods are not sent repeatedly (except in cases where the Buyer additionally pays for the repeated delivery of the goods), and the money paid in advance for the goods is refunded after deducting the delivery fee.
-
In all cases, the Seller is released from liability for violation of goods delivery terms if the goods are not delivered to the Buyer or are not delivered on time due to the Buyer's fault or due to circumstances depending on the Buyer.
-
In cases where the Buyer notices a discrepancy in the assortment of goods at the time of receipt of the goods (e.g., notices that the shipment does not contain the correct quantity of goods or the goods provided do not match the goods ordered), the Buyer must inform the Seller within a reasonable time from the day of delivery of the goods.
-
Quality of goods and fitness for use
-
The properties of all goods sold in the QED store are generally indicated in the description of each product. Goods are considered to be of good quality if they have not passed their expiration date, do not contain any ingredients prohibited by law, have not undergone changes in consistency or other essential characteristics due to improper storage conditions prior to being handed over to the Buyer, are not mechanically damaged, their packaging is intact, and there are no other quality defects.
-
All goods sold in the QED store are of good quality, new (except in cases where it is marked in the product purchase field that the product has lost its commercial appearance, etc.) and are stored in quality storage facilities. However, a product is not considered to be of poor quality if small packaging or transportation damages can be observed on it.
-
In cases where the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided by the relevant normative legal acts applies.
-
In cases where, based on legal acts, a certain period of fitness for use is established for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way as to provide them with a real opportunity to use such goods until the end of the fitness for use period.
-
The Buyer must inform the Seller about received goods of poor quality by email info@the-qed.com within the terms provided in clause 4.7 of these Rules.
-
-
Withdrawal from the contract. Exchange and return of goods
-
The Buyer has the right to withdraw from the purchase-sale contract concluded in the QED store by notifying the Seller in writing no later than within 14 (fourteen) calendar days from the day of delivery of the goods. The Buyer must submit a free-form notice of withdrawal from the contract and other information specified by the Seller (product name, date, series and number of the document confirming the purchase of the product) to the Seller by email: info@the-qed.com with the note "Returned goods".
-
After submitting a written notice of withdrawal from the contract and other information specified by the Seller, as indicated above, the Buyer must, no later than within 14 (fourteen) calendar days, send or transfer the goods to the Seller (if they were delivered) in accordance with the procedure for exchanging and returning goods established in clause 6.4 of these Rules. In this case, the direct costs of returning the goods are borne by the Buyer.
-
In accordance with the provisions of the Civil Code, the following quality goods are not exchanged or returned: (i) goods manufactured according to special consumer instructions, which are not pre-manufactured and which are manufactured taking into account the consumer's personal choice or instruction, or goods that are clearly adapted to the consumer's personal needs; (ii) perishable goods or goods with a short shelf life; (iii) packaged goods that have been unpacked after delivery and which are unsuitable for return for health protection or hygiene reasons.
-
Quality goods for which the Buyer has withdrawn from the concluded purchase-sale contract are exchanged or returned in accordance with the provisions of the Civil Code. For the exchange or return of goods, the Buyer must contact by email info@the-qed.com. When returning or exchanging goods purchased in the QED store, the Seller has the right to require filling out the goods return or exchange form provided by the Seller.
-
Returned or exchanged quality goods must be undamaged, not have lost their commercial appearance (labels not removed and undamaged, protective films not torn off, etc.), consumer properties and must not have been used. The goods must be returned in the original packaging, of the same configuration as received by the Buyer, necessarily providing the document of purchase of the goods and other accessories of the goods. If the goods are not fully assembled, are damaged, disorderly or not properly packaged, the Seller has the right not to accept the goods, not to exchange them and not to return the money paid by the Buyer for the goods.
-
Money paid for goods accepted by the Buyer but later rejected, including money paid for the delivery of goods, is returned to the Buyer no later than within 14 (fourteen) days from the day of receipt of the Buyer's notice of withdrawal from the purchase-sale contract, unless the Seller and the Buyer agree otherwise. When returning all sums paid to the Buyer, the Seller must use the same method of payment as used by the Buyer when paying the Seller, unless the Buyer has clearly agreed to a different method and if the Buyer does not incur any other additional costs. The Seller may not return the sums paid by the Buyer until the goods are returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first.
-
Goods of poor quality are returned to the Seller and the money paid by the Buyer for them and their delivery is returned to the Buyer in accordance with the procedure provided in this article of the Rules.
-
The Seller has the right not to accept goods returned by the Buyer if the Buyer does not comply with the procedure for returning goods established in this article of the Rules.
-
-
Exchange of information
-
The Seller sends all notifications to the email address provided in the Buyer's registration form.
-
The Buyer sends all notifications and questions using the contact means specified in the "Contacts" section of the Seller's online store.
-
-
Final provisions
-
These Rules are drawn up in accordance with the normative legal acts of the Republic of Lithuania.
-
The law of the Republic of Lithuania applies to the relations arising on the basis of these Rules.
-
In the event of damage, the guilty party compensates the other party for direct and indirect losses in accordance with the procedure and grounds established by the laws of the Republic of Lithuania.
-
All disagreements arising from the implementation of these Rules are resolved through negotiations. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
-
Each Buyer has the opportunity to resolve disputes arising with the Seller without going to court. First, the Buyer must submit a written complaint to the Seller and within 14 (fourteen) calendar days from the receipt of the complaint/claim, if the Seller does not respond to the Buyer's complaint/claim, or does not satisfy the Buyer's complaint/claim, the Buyer can apply to the out-of-court consumer dispute resolution entity, i.e. the State Consumer Rights Protection Service (Vilniaus g.25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. +37052626751, website www.vvtat.lt), or to its territorial divisions in counties or fill out the application form on the ODR platform http://ec.europa.eu/odr/.
-
The QED reserves the right to cancel orders and refund related expenses due to changed circumstances.