Terms of service
1. DEFINITIONS
1.1. Seller – Ashvins, MB, Lithuanian company address Sedos g. 34A, LT-87101 Telšiai. Legal entity code 306716657. Contacts details of the Seller: ashvins.info@gmail.com phone +37065819138
1.2. Online Store – an online store accessible at the address www.ashvins.lt.
1.3. Buyer – a person ordering or purchasing goods on the Online Store.
1.4. Working Day – any day of the week except Saturdays, Sundays and public holidays that are days-off according to the Lithuanian law.
1.5. Personal Data – the Buyer’s data as specified in the Privacy Policy.
1.6. Privacy Policy – a document approved by the Seller that sets out main provisions on the collection, accumulation, processing and storage of the Personal Data as well as other aspects related to the use of the Online Store.
1.7. Terms and Conditions – these Terms and Conditions of purchase of goods on the Online Store.
1.8. Account - an account created upon the Buyer’s registration with the Online Store in which personal data provided by the Buyer and data on the Buyer’s orders placed at the Online Store are stored.
2. GENERAL PROVISIONS
2.1. These Terms and Conditions are a legal document that is binding on both the Buyer and the Seller. The Terms and Conditions cover the rights and obligations of the Buyer and the Seller, other provisions of the sale and purchase contract, and conditions for purchasing on the Online Store. It is recommended that you should read these Terms and Conditions and the Privacy Policy carefully and make sure that you understand them correctly. If you disagree with the provisions of the Terms and Conditions and the Privacy Policy, you should not use the Online Store.
2.2. The following persons shall have the right to buy on the Online Store:- legally capable natural persons, i. e. persons over 18 whose capacity has not been restricted by court;
2.3. By placing an order on the Online Store, the Buyer confirms that he/she has the right to buy goods on the Online Store.
2.4. The contract is considered to be concluded from the moment when the Buyer places an order for goods and pays for it, except in cases where payment is made upon delivery of goods. If payment is made upon delivery of goods, the contract is considered to be concluded from the moment when the Buyer places the order for goods. If the order is not paid, the contract is considered not concluded, except for the exception mentioned above. The goods are considered ordered when the Buyer receives confirmation that the Buyer’s order has been processed at the Buyer’s specified e-mail address. If the payment is made at the moment of order placement, fulfilment of the order shall start upon crediting of the amount to the Seller‘s bank account.
2.5. Payment can be made using electronic banking services of Swedbank, Seb, Luminor, Citadele and Šiaulių bankas. Payments are possible in euro currency. Payments are processed using the MakeCommerce.lt payment platform.
2.6. The Buyer shall safeguard data assigned to him/her and shall not disclose them to third parties. The Buyer shall be responsible for retaining such data and shall assume liability for any actions (data transmission, orders placed, consumer comments etc.) that are taken on the Online Store upon logging in to the Account as well as consequences of such actions. In the case of loss of the log-in data, the Buyer shall notify the Seller immediately by telephone or via email.
2.7. It shall be deemed that the goods have been ordered when the Buyer receives, to the email address specified by the Buyer, a confirmation that the Seller has started fulfiment of the order. Should the Buyer select payment at the moment of order placement, fulfilment of the order shall start upon crediting of the amount to the Seller’s bank account.
2.8. The Buyer is responsible for ensuring that the Buyer’s data provided on the Online Store are accurate, correct and complete. In the event of change in such data, the Buyer shall inform the Seller about the change by telephone or via email. The Seller shall not assume liability, in any circumstances, for any damage incurred by the Buyer and/or third parties due to the Buyer’s failure to provide current and/or complete personal data or to update/supplement data in the case of their change. If the Buyer has provided personal data of third parties for the purpose of using the Online Store, the Buyer shall assume responsibility for the lawfulness of the provision and use of such data.
2.9. Goods sold on the Online Store, in particular handmade items, can be made of natural materials. Certain properties of stones or metals such as colour, texture shall not be deemed to be defects. Materials of highest quality are selected for the goods, however, their natural properties are unavoidable and should be accepted as a part of natural appearance of the item.
2.10. Characteristics of the goods sold on the Online Store shall be specified in the descriptions provided for all the goods. The Seller shall not be liable for any non-conformity of the colour, shape or other characteristics of the goods on the Online Store with the actual size, colour and shape of the goods due to the properties of the monitor used by the Buyer.
2.11. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3. RIGHTS AND OBLIGATIONS OF THE BUYER
Legal right of withdrawal
3.1. According to the decision Nr. 738 made in 2014 July 22 by the government of the Republic of Lithuania confirmed by Retail Rules article 10.1.7.12, pearls, gemstones, precious metals and their products except for imitation jewellery are non-returnable goods excluding the situations when the seller agrees to accept return or exchange of the goods.
3.2. In order to replace a product that does not meet the quality requirements, it must be delivered within 14 working days from the date of receipt of the product in the original packaging with a safety sticker belonging to the returned product, and at the Buyer’s written request. The application must include: name; surname; address; telephone number; E. mail; the reason for the return and the Buyer’s bank account number to make the refund. The Seller shall not be liable for a non-executed or delayed order for the returned goods, if the Buyer incorrectly provides the data required for the return. The Buyer must immediately and in any case not later than within 14 days from the day when he submitted to the Seller a request for cancellation of the contract of sale of goods, send the goods back to the Seller.
3.3. The Buyer who makes a purchase on the Online Store as a consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which the Buyer or a third party other than the carried and indicated by the Buyer acquires physical possession of the goods or in the case of multiple goods in one order delivered separately, after 14 days from the day on which the Buyer acquire, or a third party other than the carrier and indicated by the Buyer acquires physical possession of the last good.
3.4. The Seller has the right not to carry out the refund procedure until he receives the returned goods or proof that the Buyer has sent the returned goods. All costs (postage, customs, etc.) related to the return of the returned goods are covered by a separate agreement.
3.5. Return Methods The Buyer may return the goods to any of the Seller’s addresses specified on the website.
3.6. The Buyer shall pay for and accept the goods purchased according to a procedure set out in these Terms and Conditions. If the Buyer refuses to accept the goods at delivery, without a valid reason, the Buyer shall pay the goods return costs at the Seller‘s request. The Buyer shall also pay the costs claimed by the courier if the Buyer fails to accept the goods at the time agreed with the courier.
3.7. The Buyer is responsible for ensuring that the Buyer’s data provided on the Online Store are accurate, correct and complete. In the event of change in such data, shall inform the Seller about the change by telephone or via email using the details provided. The Seller shall not assume liability, in any circumstances, for any damage incurred by the Buyer and/or third parties due to the Buyer’s failure to provide current and/or complete personal data or to update/supplement data in the case of their change. If the Buyer has provided personal data of third parties for the purpose of using the Online Store, the Buyer shall assume responsibility for the lawfulness of the provision and use of such data.
3.8. Should any issue concerning goods purchased on the Online Store arise, the Buyer may approach the Seller by telephone or E-mail. In addition, the Buyer may submit an application/complaint to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. 852626751, website: www.vvtat.lt) or its territorial offices in the counties) or complete an application form on Online Dispute Resolution Platform in website ec.europa.eur/odr/.
3.9. The buyer may not use our products for any illegal or unauthorized purposes, nor may they violate any laws of their country (including but not limited to copyright laws) by using our services.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall enable the Buyer to use the services of the Online Store the operating conditions of which are set out in these Terms and Conditions and other conditions published on the Online Store.
4.2. In case if the Buyer has paid for the goods but it is impossible to establish contact with him/her based on the selected method of delivery, the Buyer’s order shall be cancelled and returned to the Seller.
4.3. The Seller shall deliver the goods by the method selected by the Buyer in accordance with these Terms and Conditions.
4.4. The Seller shall reserve the right to remove, at any time, any goods from the Online Store and to change any information on the Online Store or to remove it. The Seller shall make every effort to fulfil all the orders of the Buyer, however, exceptional situations may occur when the order has to be cancelled after sending an order confirmation (for example, during the fulfilment of the Buyer’s order, it turns out that the item is of poor quality).
4.5. Should the Buyer decide to cancel the sale and purchase contract and give the Seller a notice according to a procedure set out in Section 3 of these Terms and Conditions, the Seller shall refund the amount paid by the Buyer according to a procedure set out in Section 3 thereof.
5. ORDERS
5.1. The price of the goods specified on the Online Store as of the moment of placing the order shall be final and binding on both the Buyer and the Seller Prices shall be subject to change at any time, however, these changes shall not affect orders for which the Seller has sent order confirmations. All prices on the Online Store shall be quoted in euros inclusive of VAT. The price of the goods does not include the delivery costs provided for in these Terms and Conditions.
5.2. A confirmation of the order shall be sent to the Buyer to the email address specified when ordering the goods.
6. PRICES AND PAYMENT
6.1. The goods shall be paid for directly by a payment card (Visa, Mastercard, Maestro) or e-banking (banklink).
6.2. The Buyer shall pay for the goods immediately. An order will be created subject to payment for the goods by the Buyer.
6.3. On receipt of the order, authorisation of the Buyer‘s card shall be performed in order to ensure that there are sufficient funds in the card for the payment transaction.
6.4. By clickin on ‘Pay’ at the moment of order confirmation, the Buyer confirms that he/she is the owner of the payment card.
6.5. Payment cards shall be checked and authorized by the card issuer, however, if the card is not authorized the Seller shall not be liable for any delay or delivery failure.
6.6 The Buyer agrees to the issue of an electronic invoice by the Seller.
7. DELIVERY AND COLLECTION OF THE GOODS
7.1. While purchasing goods on the Online Store the Buyer shall select the method of delivery and shall provide an accurate delivery address.
7.2. If the Buyer is unable to collect the goods himself/herself and the goods have been delivered to the specified address according to other details provided by the Buyer, the Buyer shall not be entitled to claim that the goods have been delivered to a wrong recipient.
7.3. Goods from the Online Store can be delivered worldwide. Please note that even for countries which we will deliver to, there may be specific exclusions relating to individual items or restrictions on certain items dependent on the country of export/import.
7.4. Delivery Methods and Charges:
Delivery in Lithuania is FREE.
Delivery worldwide is FREE.
If express shipping is selected, price is determined in separate agreement.
The jewellery dispatched to you in approximately 2-3 weeks.
If we have it in stock, we aim to ship your order within 1-3 business days. Contact us for additional information by email: ashvins.info@gmail.com
7.5. The Seller shall be exempted from liability for a failure to comply with the term of delivery if the delivery of the goods has failed or is delayed due to the Buyer’s fault or for reasons beyond control of the Seller.
7.6. On receipt of the goods at self-service terminals or in other way the Buyer shall check the condition of the packaging (check external packaging for damage) as well as whether the item is of good quality and undamaged. Should the Buyer notice any damage or defects to the packaging or item (the packaging or product is crumpled, wet or otherwise damaged) and other types of damage, the Buyer must immediately inform the Seller about it.
8. PERSONAL DATA PROCESSING
The Personal Data provided by the Buyer shall be processed in accordance with the (LINK) Privacy Policy.
9. FINAL PROVISIONS
9.1. If such a need arises due to an important reason (changes in legislation, changes related to the provision of services, etc.), the Seller shall reserve the right to amend, correct or supplement these Terms and Conditions and other documents related thereto. Any amendments to the Terms and Conditions shall take effect after the date of publishing thereof on the Online Store and apply only to orders placed after the amendment of the Terms and Conditions. The Seller will inform the Buyer about changes to the Terms and Conditions in one or more of the following ways – by e-mail, providing information in the Buyer’s Account or in the Online Store. If the Buyer uses the Online Store in any way after the publication of amendments to the Terms and Conditions, he shall be considered to have agreed with all amendments to the Terms and Conditions.
9.2. The parties shall be released from fulfilment of their obligations under these Terms and Conditions if fulfilment of the obligations is prevented due to unforeseen circumstances beyond the parties’ control as stated in the Rules for Exemption from Liability in the Event of Force Majeure approved by Resolution of the Government of the Republic of Lithuania No 840 of 15 July 1996 and other Lithuanian legal acts.
9.3. The Seller or a third-party content provider shall be the owner of all the copyright and other intellectual property rights to all text and graphic content of the Online Store. Use and distribution of the content of the Online Store shall be prohibited unless the Seller has given its prior written consent.
9.4. The Seller shall not assume any risks and shall be unconditionally exempted from liability in the event of the Buyer’s failure to carefully familiarize himself/herself with these Terms and Conditions while having been afforded the opportunity to do so.
9.5. Legal relations arising from these Terms and Conditions shall be governed by the Lithuanian law. Any disagreements arising from implementation of these Terms and Conditions shall be resolved by negotiations. In case of a failure to reach an agreement the dispute shall be settled according to a procedure prescribed by the Lithuanian law.
9.6. Any person using the Online Store agrees that communication with the Seller will take place mainly electronically. The Seller shall contact the Buyer via email or shall provide information by publishing it on the website of the Online Store. The Buyer shall send all notices and enquiries via email or by calling the telephone number provided.
9.7. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. GIFT CARD TERMS AND CONDITIONS
10.1. You can buy the Gift Card in our online shop www.ashvins.lt
10.2. The Gift Card confirms the holder’s right to use the amount stated therein.
10.3. If the desired purchase amount exceeds the value of the Gift Card, the difference can be paid in cash, by credit card or by bank transfer.
10.4. If the holder of a Gift Card purchases jewellery/services for less than the amount stated on the Gift Card, the remaining amount shall not be refunded to the holder.
10.5. Gift Card are not redeemable for cash.
10.6. VAT invoices are not issued when buying a Gift Voucher.
10.7. The Gift Card is valid for 12 (twelve) months from the date of issue.
10.8. By purchasing a Gift Card, the Buyer confirms that he has read and agrees with the rules for the purchase and use of the Gift Card, which are provided.
10.9. If you need further information, please contact us at ashvins.info@gmail.com phone +37065819138
AMENDMENTS AND VALIDITY OF PURCHASING TERMS
We reserve the right to amend the Purchasing terms. Notice about any amendments or supplements to the Policy will be published on the Website.
The new Purchasing terms enter into force on 2024-04-15.