Terms of service

1. General provisions.

1.0. Seller: UAB “Fruttberry”, company code 306214099, VAT code LT100015602110, address J. Žemgulio g. 46, LT-35239 Panevėžys, email info@fruttberry.com, tel. +370 616 47736. Food business operator register No. 270003825.
1.1. These Terms and Conditions for the Purchase and Sale of Goods (hereinafter, the Terms) are a legal document binding on the Parties that sets out the rights, obligations and liability of the Buyer and the Seller when the Buyer purchases goods in the online store.
1.2. The Seller reserves the right to change, amend or supplement the Terms at any time, taking into account the requirements laid down by law. The Buyer is informed on the online store’s website. Purchases made by the Buyer in the online store are governed by the Terms in force at the time the order is placed.
1.3. The following are entitled to make purchases in the online store:
1.3.1. natural persons with full legal capacity, i.e. persons who have reached the age of majority and whose legal capacity has not been restricted by a court;
1.3.2. legal entities;
1.3.3. authorised representatives of all of the persons listed above.
1.4. By approving the Terms, the Seller also confirms that the Buyer is entitled to purchase goods in the online store in accordance with clause 1.3 of the Terms.
1.5. The contract between the Buyer and the Seller is deemed to be concluded at the moment when the Buyer, having filled the shopping cart in the online store, provided the delivery address, chosen the payment method and read the Seller’s Terms, clicks the “Confirm order” button (see section 5 “Ordering of goods, prices, payment procedure and time limits”).
1.6. Each contract concluded between the Buyer and the Seller is stored in the online store.

2. Personal data protection.

2.1. The Buyer can order goods in the online store:
2.1.1. by registering in this online store, i.e. by entering the data requested during registration;
2.1.2. without registering in this online store.
2.2. When ordering goods in the ways provided for in clause 2.1 of the Terms, the Buyer must enter, in the relevant information fields provided by the Seller, the Buyer’s personal data necessary for the proper fulfilment of the order: first name, last name, delivery address, telephone number and email address.
2.3. By accepting these Terms, the Buyer agrees that the Buyer’s personal data provided under clause 2.2 may be processed for the purposes of selling goods and services in the online store, analysing the Seller’s business and direct marketing.
2.4. By agreeing to the processing of the Buyer’s personal data for the purpose of selling goods and services in the Seller’s online store, the Buyer also agrees to receive, at the email address and telephone number provided by the Buyer, informational messages necessary to fulfil the order.
2.5. When registering in the online store and ordering goods, the Buyer undertakes to keep their login details safe and not to disclose them to anyone.

3. Rights and obligations of the Buyer.

3.1. The Buyer has the right to purchase goods in the online store in accordance with the procedure set out in these Terms and in other information sections of this online store.
3.2. The Buyer undertakes to accept the ordered goods and pay the agreed price for them.
3.3. If the data provided in the Buyer’s registration form change, the Buyer must update them without delay.
3.4. The Buyer undertakes not to share their login details with third parties. If the Buyer loses their login details, they must inform the Seller immediately using the means of contact given in the “Contacts” section.
3.5. By using the online store, the Buyer agrees to these Terms of purchase and sale and undertakes to comply with them and not to violate the laws of the Republic of Lithuania.

4. Rights and obligations of the Seller.

4.1. The Seller undertakes to provide all conditions for the Buyer to properly use the services offered by the online store.
4.2. If the Buyer attempts to undermine the stability and security of the Seller’s online store or breaches their obligations, the Seller has the right, immediately and without notice, to restrict or suspend the Buyer’s access to the online store or, in exceptional cases, to cancel the Buyer’s registration.
4.3. The Seller undertakes to respect the Buyer’s right to privacy with regard to the Buyer’s personal information provided in the online store’s registration form.
4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer.

5. Ordering of goods, prices, payment procedure and time limits.

5.1. The Buyer can shop in the online store 24 hours a day, 7 days a week.
5.2. The contract enters into force at the moment when the Buyer clicks the “Confirm order” button and the Seller, having received the order, confirms it by sending a confirmation email to the email address provided by the Buyer.
5.3. Prices of goods in the online store and in the generated order are stated in euros, including VAT.
5.4. The Buyer pays using the methods offered at the online store checkout (payment card, online banking or another method offered). Payments are processed by payment service providers; the Seller does not see or store payment card details.
5.5. The Buyer undertakes to pay for the goods without delay. The parcel is prepared, and the delivery time begins to run, only after payment for the goods has been received.

6. Delivery of goods.

6.1. Goods are delivered using the methods and within the time limits set out on the “Shipping information” page. The time limit runs from receipt of payment.

6.2. A Buyer who chooses the delivery service when placing the order undertakes to specify the exact place of delivery.
6.3. The Buyer undertakes to accept the goods personally. If the Buyer is unable to accept the goods personally and the goods have been delivered to the specified address, the Buyer has no right to make any claims against the Seller regarding delivery of the goods to the wrong person.
6.4. The goods are delivered by the Seller’s authorised representative (courier).
6.5. The courier authorised by the Seller delivers the goods to the Buyer in accordance with the time limits specified in the product descriptions. These time limits are indicative and, moreover, do not apply where the required goods are not in stock in the Seller’s warehouse and the Buyer is informed of the shortage of the ordered goods. The Buyer also agrees that, in exceptional cases, delivery of the goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case, the Seller undertakes to contact the Buyer without delay and agree on the terms of delivery of the goods.
6.6. In all cases, the Seller is released from liability for failure to meet delivery time limits if the goods are not delivered to the Buyer, or are delivered late, through the fault of the Buyer or due to circumstances beyond the Seller’s control.
6.7. In all cases, the Buyer must inform the Seller without delay if the parcel is delivered in crushed or otherwise damaged packaging, if the parcel contains goods that were not ordered or an incorrect quantity of goods, or if the goods are incomplete.
6.8. If the Buyer notices any damage to the packaging upon delivery, the Buyer must in all cases note this on the delivery document provided by the courier or draw up a separate report on the damage. The Buyer must do so in the presence of the courier. If the Buyer fails to do so, the Seller is released from liability towards the Buyer for damage to the goods related to packaging damage that the Buyer did not note on the courier’s delivery document.

7. Quality of goods, guarantees.

7.1. The details of each product sold in the online store are generally given in the product description accompanying each product.
7.2. The Seller is not liable if the colour, shape or other parameters of goods shown in the online store do not correspond to the actual size, shape and colour of the goods due to the characteristics of the monitor used by the Buyer.
7.3. Where the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided for by the applicable legislation applies.

8. Return and exchange of goods.

8.1. A Buyer who is a consumer has the right to withdraw from the purchase within 14 days of the day the goods are received, without giving any reason, by notifying the Seller by email at info@fruttberry.com.
8.2. For health protection and hygiene reasons, food supplements whose packaging has been opened or whose seal has been broken after delivery cannot be returned.
8.3. Returned goods must be unopened, in undamaged packaging, complete and within their best-before date. Proof of purchase (order number or invoice) must be provided with them.
8.4. Refunds are made no later than 14 days after receipt of the notice of withdrawal, using the same payment method. The Seller may withhold the refund until the goods have been received.
8.5. If the Buyer has received the wrong item, a damaged item or an item of inadequate quality, the Seller replaces it with a suitable item or, if no suitable item is available, refunds the amount paid. In such cases, shipping costs are borne by the Seller.
8.6. The detailed procedure is set out on the “Refund policy” page.

9. Liability of the Buyer and the Seller.

9.1. The Buyer is fully responsible for the accuracy of the personal data provided by the Buyer. If the Buyer does not provide accurate personal data in the registration form, the Seller is not liable for the resulting consequences and acquires the right to claim compensation from the Buyer for the direct losses incurred.
9.2. The Buyer is responsible for actions performed while using this online store.
9.3. A registered Buyer is responsible for sharing their login details with third parties. If a third party uses the services offered by the online store after logging in to the online store with the Buyer’s login details, the Seller considers that person to be the Buyer.
9.4. The Seller is released from any liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and the Buyer’s own obligations, did not read these Terms even though they were given the opportunity to do so.
9.5. If the Seller’s online store contains links to the websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information found there or the activities carried out there, does not maintain or control those websites and does not represent those companies and persons.
9.6. In the event of damage, the Party at fault shall compensate the other Party for direct losses.

10. Marketing and information.

10.1. The Seller may, at its own discretion, launch various promotions in the online store.
10.2. The Seller has the right to unilaterally change the terms of promotions, or cancel them, without separate notice. Any change to or cancellation of the terms and procedure of promotions applies only for the future, i.e. from the moment it is made.
10.3. The Seller sends all notices using the means of contact given in the Buyer’s registration form.
10.4. The Buyer sends all notices and questions to the telephone numbers and email addresses given in the “Contacts” section of the Seller’s online store.
10.5. The Seller is not liable if the Buyer does not receive informational or confirmation messages due to disruptions of internet connection or the networks of email service providers.

11. Final provisions.

11.1. These Terms and Conditions for the Purchase and Sale of Goods have been drawn up in accordance with the laws and legal acts of the Republic of Lithuania.
11.2. All disagreements arising from the performance of these Terms shall be resolved through negotiation. If no agreement is reached, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
11.3. A consumer who believes that the Seller has violated their rights should first contact the Seller. If the dispute is not resolved, the consumer may apply to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba), Vilniaus g. 25, 01402 Vilnius, www.vvtat.lt.