Goods return and quality Guarantee

Goods Quality Guarantee and Expiration Date

9.1 The characteristics of each product sold at flowerauctions.netare indicated in the description attached to each product.

9.2 The goods offered for purchase by the Seller are of appropriate quality, i.e., the characteristics of the goods correspond to the description of the goods. The goods are in conformity with the contract of sale if:

9.2.1. the good corresponds to the description given by the Seller and has the same characteristics as the product which the Seller has provided as a sample or model when advertising that product at flowerauctions.net;

9.2.2. the good is suitable for the purpose for which goods of that type are normally used;

9.2.3. the goods meet the quality characteristics which are generally characteristics of goods of the same nature and which the Buyer may reasonably expect according to the nature of such goods and statements made publicly by the manufacturer of the product, its representative or the Seller, including advertising and labelling of the items, as to the particular characteristics of the product.

9.3 The Seller shall not be liable for the fact that the size, shape, colour or other parameters of the goods at flowerauctions.netmay not correspond to the actual size, shape, colour or other parameters of the goods, due to the characteristics of the display used by the Buyer or other technical reasons. The Buyer is advised to read the description of the goods.

9.4 The Seller grants a quality guarantee valid for the certain period of time for different types of goods, the specific term and other conditions of which shall be specified in the description of such goods or together with the invoice of the goods, which is also the warranty voucher for the goods.

9.5 The Seller's guarantee of quality shall not limit or restrict the rights of consumers which are established by the law in the event of the purchase of goods or services of inadequate quality.

9.6 The Seller does not provide warranty service for the goods. If:

9.6.1. the centre(s) providing the warranty service is located outside the Republic of Lithuania, the Seller shall arrange for the goods to be sent to such centre(s);

9.6.2. if the centre(s) providing the warranty service is located in the Republic of Lithuania, the Buyer shall be directed to such centre(s).

9.7 Information contained in information storage devices is not covered by the warranty. Costs for data loss or restoration shall not be covered.

9.8 Where, in accordance with the law, a certain shelf life is specified for particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a realistic opportunity to make use of such goods before the expiry of the shelf life.

  1. Right of Withdrawal from the Sales Contract, Goods Return and Exchange Procedures

10.1 Right of withdrawal:

10.1.1 The Buyer shall have the right to withdraw from the contract of sale of the goods, without giving any reason, by notifying the Seller 14 (fourteen) days prior to the termination of the sales contract. The Buyer may not exercise this right in the event of conclusion of one of the contracts listed in Article 6.22810(2) of the Civil Code of the Republic of Lithuania;

10.1.2. The Buyer shall notify the Seller of the withdrawal from the sales Contract in one of the following ways: by filling in the withdrawal form [https://www.e-tar.lt/portal/lt/legalAct/dad7f330d05511e3a8ded1a0f5aff0a9] or by submitting a clear written statement outlining his decision to withdraw from the sales contract. The notice of withdrawal shall be sent by email [email protected]. Upon receipt of the Buyer's notification, the Seller shall immediately send an acknowledgement of receipt of the notification;

10.1.3.The period of 14 (fourteen) days for exercising the right of withdrawal is calculated as follows: (a) in the case of a sales contract has been concluded – from the date on which the Buyer or a person designated by the Buyer, except for the carrier, receives the goods ordered; (b) if the Buyer has ordered more than one product in one order and the products are delivered separately – from the date on which the Buyer or a person designated by him/her, except for the carrier, receives the last product; (c) where the goods are delivered in different lots or parts – from the date on which the Buyer or a person designated by him/her, except for the carrier, receives the last lot or part; (d) where a contract is concluded for the delivery of the goods on a regular basis over a fixed period – from the date on which the Buyer or person designated by them, except for the carrier, receives the first good;

10.1.4 If the Buyer has withdrawn from the sales contract before the goods have been delivered to him, the Seller shall treat such withdrawal by the Buyer as a rejection of the order and shall inform the Buyer accordingly by the e-mail address specified by the Buyer;

10.1.5 If the Buyer has withdrawn from the sales contract after the goods have been delivered to the Buyer or after the Buyer has collected the goods from the Buyer, the provisions of Clause 10.6 of the Rules shall apply.

10.2 The Seller's additional money-back guarantee:

10.2.1. After a period of 14 (fourteen) but not more than 30 (thirty) days from the date of delivery or collection of the goods, the Buyer shall be entitled to apply for the Seller's additional money-back guarantee, provided that all the returnable goods are with authentic labels, in protective bags and the original packaging, and that the disposable packaging is not damaged, i.e., the goods are in the same condition as when sold.

10.2.2 The Buyer must give notice of its intention apply for this guarantee within 30 (thirty) calendar days from the date of delivery of the goods to the Buyer. The notification shall be sent by e-mail [email protected] and must specify the goods to be returned.

10.2.3 If the notification is made within 14 (fourteen) calendar days from the date of delivery of the goods to the Buyer, the provisions of Clause 10.1 of the Rules shall apply.

10.2.4 If the notification is made after the expiry of the period of 14 (fourteen) calendar days, but no later than 30 (thirty) calendar days from the date of delivery of the goods to the Buyer, the Buyer shall bear all costs and risks associated with the return of the goods. In all cases, the goods must be returned to the Seller before the expiry of a period of 30 (thirty) calendar days from the date of goods delivery or their collection.

10.2.5 The Seller's additional money-back guarantee is not available for the following goods ordered:

10.2.5.1. gift vouchers;

10.2.5.2. packaged goods which have been unpacked after delivery and which are non-returnable for health or hygiene reasons;

10.2.5.3. goods that have been manufactured according to the Buyer's individual order or are obviously adapted to the Buyer's requirements or which, by their nature, cannot be returned after their delivery to the Buyer due to loss of merchantability, perishability or expiry. The procedure for return of goods and monetary refunds is set out in Clause 10.6 of the Rules.

10.3 Procedures for the exchange and return of goods of appropriate quality:

10.3.1 The Buyer has the right to replace the purchased goods within 14 (fourteen) days from the date of delivery of the goods to the Buyer with similar goods of a different size, shape, shape, colour, model or completeness. If a price difference arises as a result of the exchange, the Buyer shall pay the Seller in accordance with the recalculated prices. The Buyer's notification of his/her wish to exercise its right provided herein, together with the specified returnable goods, shall be sent by e-mail [email protected];

10.3.2. if the Buyer does not like the shape, size, colour, model or completeness of the purchased goods, the goods shall be exchanged and returned in accordance with the "Retail Trade Rules" approved by Resolution No. 738 of 22 July 2014 of the Government of the Republic of Lithuania;

10.3.3. upon receiving the goods, the Seller is committed to replace them with the same goods, but in the shape, size, colour, model or completeness specified by the Buyer. If the Seller does not have a suitable product for replacement, the Seller shall refund the money paid for the goods to the Buyer. The money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification of the Buyer's wish to exercise its right, and if the goods have not been returned to the Seller by the Buyer, the time limit provided for in this clause shall run from the date of the goods' return to the Seller;

10.3.4. by accepting the Rules, the Buyer agrees to the refund being credited to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller. The procedure for return of the goods and monetary refunds is set out in Clause 10.6 of the Rules.

10.4. Procedures for the exchange and return of goods of defective quality:

10.4.1. defects in the goods sold shall be eliminated, low-quality goods shall be replaced or returned in accordance with the procedure established in the Rules and taking into account the requirements of the legislation of the Republic of Lithuania;

10.4.2. If the Buyer has purchased goods of defective quality and has indicated this in the acceptance document (if not, the provisions of Clause 10.3 of the Rules shall apply) or if the defective quality of the goods is due to a manufacturing defect existing at the time of purchase of the goods or their non-compliance with the manufacturer's specifications, the Buyer may return the goods, and may, at its option, require:

10.4.2.1. the Seller to remedy the defects in the goods free of charge within a reasonable time if the defects can be remedied;

10.4.2.2. a corresponding reduction in the purchase price;

10.4.2.3. to replace the goods with equivalent quality goods, unless the defects are minor or caused by the Buyer;

10.4.2.4. to refund the price paid and to withdraw from the sales contract where the sale of goods of defective quality constitutes a material breach of the order.

10.4.3 The Buyer may choose only one of the remedies provided for in Clause 10.4.2 of the Rules. The Buyer must express his/her choice when returning the goods. If, after the Buyer has chosen the remedy provided for in Clause 10.4.2 of the Rules, the Seller is unable to implement it, the Seller shall offer an alternative remedy provided for in Clause 10.4.2. The Buyer shall not be entitled to change the remedy chosen. The Buyer shall not have the right to terminate the sales contract if the defect is minor;

10.4.4 The Buyer must comply with the following conditions in order to return the goods:

10.4.4.1. notify the Seller by email [email protected], the notification must specify the goods to be returned;

10.4.4.2. provide the document of purchase of the goods, the warranty card (if issued);

10.4.4.3. submit a free-form request.

10.4.5. The Buyer may exercise its right to return the goods of defective quality within 7 (seven) calendar days from the date of delivery;

10.4.6. the Seller shall have the right not to accept the Buyer's returns if the Buyer does not comply with the return procedures set out in the Rules;

10.4.7. the Buyer shall pay for the goods delivery and return costs, and the Seller, if proven that the goods have been returned for defective quality, shall reimburse the Buyer for the delivery, and return costs incurred by the Buyer, unless the Rules provide otherwise. The return of goods shall be governed by Clause 10.6 of the Rules;

10.4.8. Any payment shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification about the defective goods, and if the goods have not been returned to the Seller by the Buyer, the time limit provided for in this clause shall run from the date of the goods' return to the Seller. By accepting the Rules, the Buyer agrees to the refund being credited to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller;

10.4.9 No refund shall be made for goods which have been damaged intentionally or negligently (by chemicals, water, open flames, high temperatures, sharp objects, etc.) or if the rules for use or storage of the goods have been violated or if the goods have been used improperly or not for their intended purpose;

10.4.10. Separate rules for the return of defective goods may be set out in the guarantee vouchers (warranties) accompanying the goods.

10.5 Replacement and return of goods in the event of delivery of the wrong goods:

10.5.1. If the Buyer has been delivered the wrong goods, the Buyer must inform the Seller immediately, but no later than within 7 (seven) working days, by e-mail [email protected] or by phone +370 46 421 656. The Seller undertakes to collect such goods and replace them with appropriate goods at its own expense. In the event that the Seller does not have the goods ordered, the Seller shall refund to the Buyer the money paid for the goods(s). The money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notice about the withdrawal from the sales contract, and if the goods have not been returned by the Buyer to the Seller, the time limit set out in this clause shall run from the date of return of the goods to the Seller. By accepting the Rules, the Buyer agrees to the refund being credited to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller. The procedure for return of the goods and monetary refunds is set out in Clause 10.6 of the Rules.

10.6 Return of goods and monetary refunds:

10.6.1 For goods purchased from the Partners of flowerauctions.net(Seller‘s Partner), the Buyer must contact directly the specific flowerauctions.net Partner from which the goods were purchased;

10.6.2 The Buyer may only exercise its right to return the goods if the term for returning the goods has not expired, the goods have not been damaged or substantially altered in appearance, and the goods have not been used. All returned goods must be accompanied by authentic labels, protective bags and original packaging;

10.6.3. Any gifts that were provided with the purchased goods must be also returned;

10.6.4. When returning the goods, the Buyer must provide the sender's address and pack the goods properly so that they are not damaged during shipment. The Seller will not refund any goods that have been damaged during shipment. The Seller shall not be liable for parcels which have been sent improperly packaged, with an incorrect address, or if they have been lost or damaged during shipment;

10.6.5 The Buyer may return the goods either by delivering them to the Seller's collection point, send them by courier or by post. The goods must be returned to the Seller to the address specified by the Seller in the acknowledgement of receipt of the withdrawal notification sent to the Buyer.

10.6.6 If the Buyer has purchased a set of goods from flowerauctions.net, the Buyer must return to the Seller the entire set of the goods, i.e. the Buyer may only exercise its rights to return the goods in respect of all the goods contained in the set. In the event that any of the goods in the set does not meet the requirements set out in Clause 10.6.2 of the Rules, the Seller shall be entitled to refuse to accept the return of the whole set of the goods;

10.6.7. the Buyer, having exercised its rights provided for in Clauses 10.1 to 10.5 of the Rules, shall comply with the requirements for the return of the Goods set out in the Rules and shall follow the procedures set out therein;

10.6.8. the Seller shall be entitled not to refund the Buyer until the goods have been returned to the Seller and have been checked for compliance with requirements of Clause 10.6.2 of the Rules;

10.6.9. if the Buyer has exercised its rights set out in Clauses 10.1, 10.3 to 10.5 of the Rules, the money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notification, and if the goods have not been returned by the Buyer to the Seller, the time limit set out in this Clause shall be calculated as of the date of return of the goods to the Seller. If the Buyer has used the additional money-back guarantee (Clause 10.2 of the Rules), the Buyer shall be subject to a refund period of 30 (thirty) calendar days from the date of return of the goods to the Seller;

10.6.10. By accepting the Rules, the Buyer agrees to the refund being credited to the Buyer's bank account unless otherwise agreed between the Buyer and the Seller;

10.6.11. After exercising the rights set out in Clauses 10.1-10.3 of the Rules, the Buyer shall be refunded: the price of the goods, the administration fee, if applicable, and the delivery costs. After exercising of the rights set out in Clauses 10.4-10.5 of the Rules, the Buyer shall be refunded: the price of the goods, the administration fee, if applicable, the delivery costs, and the costs of returning the goods;

10.6.12. the costs for the goods returning to the Seller shall not be refunded to the Buyer if the Buyer has chosen a delivery method other than the cheapest one offered by the Seller as published at flowerauctions.net.

10.6.13.  If a price difference arises as a result of the exchange of goods, the Buyer shall pay the Seller in accordance with the recalculated prices.

10.6.14.  The Seller shall have the right not to accept the good returned by the Buyer if the Buyer does not comply with the return procedures set out in the Rules.