1.1 General Provisions
1.1 These purchase and sales rules (hereinafter referred to as the Rules) establish the mutual rights, obligations, and responsibilities of the person purchasing goods in the online store www.truehabit.eu (hereinafter referred to as the Buyer) and MB “True habit” (hereinafter referred to as the Seller), when the Buyer purchases goods in the online store. By purchasing goods in the online store, the Buyer agrees to the application of these Rules.
1.2 The Seller reserves the right to change, amend, or supplement the Rules at any time, taking into account the requirements established by legal acts. Any changes, amendments, or supplements will be communicated to the registered Buyer during the login process to the www.truehabit.eu page, and the Buyer will be required to agree to the modified Rules again in order to make purchases in this online store.
1.3 The Buyer agrees not to reproduce, copy, sell, or resell the goods without the express written permission of the Seller.
1.4 The maximum allowed quantity of the same product in one order is 5 units. To purchase more units, please contact info@truehabit.eu
1.5 The following persons are entitled to purchase in the online store www.truehabit.eu:
1.5.1. Capable natural persons, i.e., persons who have reached the age of majority and whose legal capacity has not been restricted by a court order;
1.5.2. Minors from fourteen to eighteen years of age, only with the consent of their parents or guardians, except in cases where they independently dispose of their income;
1.5.3. Legal entities;
1.5.4. Representatives authorized by all of the above-mentioned persons.
1.6 By agreeing to the Rules, the Buyer confirms that, based on point 1.4 of the Rules, he/she has the right to purchase goods in the online store www.truehabit.eu.
2. Personal Data Protection
2.1 The Buyer can order goods in the online store www.truehabit.eu without registering.
2.2 The Buyer, when ordering goods in the ways provided for in the Rules, must provide his/her personal data necessary for the proper execution of the order of goods in the corresponding information fields provided by the Seller: first name, last name, delivery address, phone number, and email address.
2.3 The Seller processes the Buyer’s personal data in accordance with the Privacy Policy. Given that the Privacy Policy contains important provisions of the Rules, it is recommended that the Buyer carefully read them and be sure that all provisions of the Privacy Policy are understood and acceptable to him/her.
2.4 If the Buyer agrees, his/her personal data specified in point 2.2 may be processed in the online store www.truehabit.eu for direct marketing purposes. The Buyer has the option to choose whether or not to receive newsletters and special offers during the registration process.
2.5 The newsletter will only be sent to registered members by clicking the “Register” button, then the member will automatically start receiving newsletters, which he/she can unsubscribe from by clicking the link at the bottom of the newsletter. The Seller sends all informational messages to the email address provided by the member.
2.6 The Buyer, by agreeing that his/her personal data may be processed for the purpose of selling goods and services in the Seller’s online store, also agrees that informational messages necessary for the execution of the order of goods will be sent to the email address and phone number provided by him/her.
2.7 The Seller undertakes not to disclose the Buyer’s personal data to third parties, except for the Seller’s partners who provide goods delivery or other services related to the proper execution of the Buyer’s order. In all other cases, the Buyer’s personal data may be disclosed to third parties only in accordance with the procedure established by the laws of the Republic of Lithuania.
2.8 The Buyer’s identity document presented to the Seller’s or courier’s employee and the Buyer’s data contained therein are used only for the proper identification of the person.
3. Purchase and Sale Agreement
3.1 The contract between the Buyer and the Seller is considered concluded from the moment when the Buyer, having selected the goods to be purchased, formed the shopping cart, clicks the “Pay” button and pays for the order.
3.2 After the Buyer has submitted and paid for the order, an email confirming receipt of the order is sent to him/her.
3.2 After the Buyer has submitted and paid for the order, an email confirming receipt of the order is sent to him/her.
4. Buyer’s Rights
4.1 The Buyer has the right to purchase goods in the online store www.truehabit.eu in accordance with the procedure established by these Rules.
4.2 The Buyer has the right to withdraw from the purchase and sale agreement concluded with the online store www.truehabit.eu by notifying the Seller in writing (by email, indicating the desired item to be returned, its order number, and the reason for return) no later than 14 (fourteen) working days from the date of delivery of the item.
4.3 The Buyer’s right provided for in point 4.2 of the Rules is exercised in accordance with the provisions of the Civil Code and the Resolution of the Government of the Republic of Lithuania on the Approval of the Rules of Retail Trade (June 11, 2001, No. 697, as amended in 2014).
4.4 The Buyer may exercise the right provided for in point 4.2 of the Rules only if the goods have not been damaged or their appearance has not changed significantly, and they have not been used.
5. Buyer’s Obligations
5.1 The Buyer is obliged to pay the price of the goods and their delivery, as well as other payments (if any, specified when concluding the contract) and accept the ordered goods. The Buyer pays for the goods through the MakeCommerce.lt or Stripe system.
5.2 If the data provided in the Buyer’s registration form changes, the Buyer must update it immediately.
5.3 The Buyer undertakes to use the online store honestly and fairly, not to harm its operation or stable functioning. If the Buyer fails to comply with this obligation, the Seller has the right, without prior warning, to restrict, suspend (terminate) the Buyer’s ability to use the online store and is not liable for any losses incurred by the Buyer in connection with this.
5.4 Notwithstanding the obligations provided for in other points of the Rules, the Buyer undertakes to ensure, before starting to use the goods, that the goods received are the ones ordered by the Buyer.
5.5 Before using or storing the goods, the Buyer must carefully read the information provided on the goods packaging or together with the goods and comply with the described storage and preservation conditions of such goods.
5.6 The Buyer, by using the online store www.truehabit.eu, undertakes to comply with these Rules, other conditions clearly stated in the online store, and not to violate the laws of the Republic of Lithuania.
6. Seller’s Rights
6.1 If the Buyer attempts to harm the stability and security of the online store or violates his/her obligations, the Seller has the right to immediately and without warning restrict or suspend his/her ability to use the online store or, in exceptional cases, delete the Buyer’s registration.
6.2 In the event of important circumstances, the Seller may temporarily or completely suspend the operation of the online store without prior notice to the Buyer.
6.3 The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, having chosen the payment method provided for in point 8.2.1 of the Rules, does not pay for the goods within 3 (three) calendar days.
7. Seller’s Obligations
7.1 The Seller undertakes to provide the Buyer with the opportunity to use the services provided by the online store www.truehabit.eu under the conditions set forth in these Rules and in the online store.
7.2 The Seller undertakes to respect the Buyer’s right to privacy of his/her personal information, i.e., to process the Buyer’s personal data only in accordance with Section 2 of the Rules and the laws of the Republic of Lithuania.
7.3 The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by him/her under the conditions specified in Section 9 of the Rules.
7.4 In the exceptional case that the Seller is unable to sell the goods, for example, because the goods are not in stock, or because the goods are no longer sold, the Seller will inform the Buyer by email or other means (call and/or SMS message) and will offer the Buyer a possible solution to the problem (e.g., refund, additional time to deliver the goods, etc.). If the Buyer does not agree to any of the Seller’s proposals, the execution of the order for the goods is terminated and, if the Buyer has already paid for the goods, the Seller will refund the amounts paid immediately, but no later than within 10 (ten) calendar days.
7.5 If the Buyer exercises the right provided for in point 4.2 of the Rules and the condition provided for in point 4.4 of the Rules is met, the Seller undertakes to refund the money paid by the Buyer within 10 (ten) working days, calculated from the date of receipt of the returned goods.
8. Prices of Goods and Payment Procedure
8.1 Prices of goods may be changed without warning.
8.2 Prices of goods in the online store www.truehabit.eu and in the formed order are indicated in euros. Prices are indicated with VAT. The delivery fee, if applicable, is added to the total amount of the goods.
8.3 The Buyer pays for the goods using:
8.3.1. 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;
8.3.2. Visa and Mastercard cards. Payments are possible in euro currency. Payments are processed using the Stripe payment platform.
9. Delivery of Goods
9.1 Delivery of goods to the Buyer:
9.2 Goods are delivered to the parcel terminal chosen by the Buyer:
9.2.1. The Buyer undertakes to indicate the parcel terminal to which he/she wishes to receive the goods.
9.2.2. The parcel is kept in the parcel terminal for 72 hours. After the expiration of this period, the parcel is returned to the Seller.
9.2.3. It is not possible to redirect the parcel to another delivery location.
9.3. Delivery of goods to the address specified by the Buyer:
9.3.1. The Buyer, having chosen the goods delivery service during the order, undertakes to indicate the exact place of delivery of the goods.
9.3.2. The Buyer undertakes to accept the goods himself/herself. If the goods are not accepted by the Buyer, the Buyer must provide the data of the person who will accept the goods when filling in the order delivery information.
9.3.3. When accepting the goods, it is necessary to present a valid identity document in order to properly identify the Buyer. If the Buyer cannot accept the goods himself/herself, and the goods have been delivered to the address specified by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the goods to the wrong person.
9.3.4. The goods are delivered by the Seller or his/her authorized representative.
9.4 The delivery (transportation) fee for the goods is calculated based on the order amount.
9.5 The Buyer agrees that in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case, the Seller undertakes to immediately contact the Buyer and agree on the conditions for the delivery of the goods or to inform about it in advance in the online store www.truehabit.eu.
9.6 In all cases, the Seller is released from liability for violation of the terms of delivery of goods if the goods are not delivered to the Buyer or are delivered not on time due to the Buyer’s fault or due to circumstances depending on the Buyer.
9.7 If the Buyer does not collect the goods within 72 hours from the receipt of the notification that the goods have been delivered to the selected parcel machine, the Buyer must cover the costs of return and re-sending to the Seller if he/she wants to receive the goods.
10. Return and Exchange of Goods
10.1 Defects in sold goods are eliminated, non-quality goods are exchanged, and returned in accordance with the “Rules of Retail Trade” approved by the Resolution of the Government of the Republic of Lithuania No. 697 of June 11, 2001.
10.2 Received quality (not expired, in undamaged packaging) food products (or food supplements) are not exchanged or returned.
10.3 To return the goods, the Buyer must fill out a free-form goods return request and send it by email to info@truehabit.eu.
10.4 The Buyer may exercise the right provided for in point 10.1 within 14 (fourteen) calendar days from the date of delivery of the goods to him/her, informing the Seller about it in accordance with the procedure provided for in point 10.3 of the Rules.
10.5 If fourteen (14) calendar days have passed since the date of delivery of the goods, the Seller cannot offer a refund or exchange.
10.6 When returning goods, the Buyer must comply with the following conditions:
10.6.1. the returned goods must be in their original packaging (this point does not apply in the case of returning non-quality goods);
10.6.2. the goods must not be damaged by the Buyer;
10.6.3. the goods must not be used, must not have lost their commercial appearance (this point does not apply in the case of returning non-quality goods);
10.6.4. the returned goods must be of the same completeness as they were received by the Buyer.
10.7 The Seller has the right not to accept the Buyer’s returned goods if the Buyer does not comply with the procedure for returning goods established in this article.
10.8 The right provided for in point 10.1 of the Rules may only be exercised by the Buyer who, according to the provisions of the Law on Consumer Rights of the Republic of Lithuania, is recognized as a consumer, i.e., a natural person who, for purposes not related to his/her business, trade, craft, or profession (for consumption purposes), seeks to conclude or concludes contracts.
10.8.1. The Buyer (consumer) cannot exercise the right to withdraw from the contract provided for in point 10.1 of the Rules when the contract is concluded for:
10.8.2. perishable goods or goods with a short shelf life;
10.8.3. packaged goods that have been unpacked after delivery and which are unsuitable for return due to health protection or hygiene reasons, as well as in other cases established by the Civil Code, the “Rules of Retail Trade” approved by the Resolution of the Government of the Republic of Lithuania No. 697 of June 11, 2001, and other legal acts.
10.9 Non-quality goods or quality goods that the Buyer does not like in terms of shape, size, color, model, or completeness are exchanged or returned in accordance with the “Rules of Retail Trade” approved by the Resolution of the Government of the Republic of Lithuania No. 697 of June 11, 2001, the Civil Code of the Republic of Lithuania, and other applicable legal acts of the Republic of Lithuania.
10.10 Money for returned goods is always transferred by payment order and only to the payer’s bank account.
11. Quality Guarantee of Goods
11.1 The goods are covered by the manufacturer’s quality guarantee and (or) the term of suitability for use, the specific term (duration) and (or) other conditions, including the conditions for non-application of the guarantee, are indicated in the descriptions of such goods, on the goods packaging and (or) in the warranty booklets provided together with the goods. If the manufacturer’s quality guarantee is not provided for certain types of goods, such goods are covered by a two-year guarantee under the law and the manufacturer’s commercial guarantee, which does not restrict or limit the rights of Buyers that the Civil Code of the Republic of Lithuania establishes for Buyers who have purchased non-quality goods.
11.2 The manufacturer’s product validity commitments are valid only if the operating conditions of the product have not been violated.
11.3 Defects in goods are eliminated, non-quality goods are exchanged, and returned in accordance with the procedure established in these Rules and taking into account the requirements of applicable laws of the Republic of Lithuania.
11.4 The Buyer, having purchased a non-quality product, has the right, at his/her choice:
11.4.1. to demand from the Seller to eliminate the defects of the goods free of charge; or
11.4.2. to demand from the Seller to replace the non-quality goods with quality goods free of charge; or
11.4.3. to demand from the Seller to reduce the price of the goods accordingly; or
11.4.4. to unilaterally terminate the Agreement and demand a refund of the price paid for the goods.
11.5 The Buyer understands that the color, shape, and (or) other parameters of the goods depicted in the online store www.truehabit.eu may not correspond to the actual shape, color, and (or) other parameters of the goods due to the technical characteristics of the device used by the Buyer. If the Buyer needs more detailed information, advice, or instructions regarding the Seller’s goods, please contact the Seller directly by email info@truehabit.eu.
12. Liability
12.1 The Buyer is fully responsible for the accuracy of the personal data provided by him/her. If the Buyer does not provide accurate personal data, the Seller is not liable for the consequences arising from this and has the right to demand compensation for the direct losses incurred from the Buyer.
12.2 The Buyer is responsible for the actions performed using the online store www.truehabit.eu.
12.3 The Buyer of the online store is responsible for the safekeeping of his/her login data and (or) their transfer to third parties. If the services provided by the online store are used by third parties who have logged in to the online store using the Buyer’s login data, the Seller considers such a person to be the Buyer, and the Buyer is responsible for all actions of such third party performed in the online store.
12.4 The Seller is released from any liability in cases where losses arise due to the fact that the Buyer, despite the Seller’s recommendations and his/her obligations, did not familiarize himself/herself with these Rules, although such an opportunity was provided to him/her.
12.5 In the event of damage, the guilty party shall compensate the other party for direct losses.
12.6 The Seller is not liable for the proper fulfillment of mutual obligations between the Buyer and the Seller’s partners, whose services the Buyer orders.
13. Marketing Tools Used by the Seller
13.1 The Seller may, at his/her discretion, initiate various promotions in the online store www.truehabit.eu.
13.2 The Seller reserves the right, at his/her discretion, to introduce and (or) cancel offers, promotions, or change the prices of goods at any time, without infringing the Customer’s rights, including the terms of the Agreement.
13.3 Discounts are not cumulative.
13.4 The Seller may confirm the Buyer’s feedback only if a purchase was made in the e-store at the email address specified in the feedback.
14. Exchange of Information
14.1 The Seller sends all notifications in accordance with the procedure provided for in point 2.2 of the Rules to the email address provided by the Buyer.
14.2 The Buyer sends all notifications and questions to the email address info@truehabit.eu
15. Use of Cookies
15.1 In order to offer the Buyer or the Visitor of the Electronic Store more comprehensive services offered in the Electronic Store, the Administrator uses system cookies in the Electronic Store. Cookies are a small file sent and installed on the User’s computer. Cookies are used to recognize a previous visitor to the Electronic Store, to determine the language of the Electronic Store page, to identify the user’s session, session key, and also to identify and correct errors in the Electronic Store.
15.2 The User has the possibility to view in his/her browser what information (cookies) the Seller installs and to delete some or all of the installed cookies. By using the Electronic Store, the User agrees that the Seller’s designated cookies will be installed on his/her computer (device). The User may revoke this consent at any time by changing the settings of his/her internet browser, but in this case, certain functions of the Electronic Store may not work.
16. Final Provisions
16.1 These rules are drawn up in accordance with the laws of the Republic of Lithuania.
16.2 The legal relationship arising from these rules is governed by the law of the Republic of Lithuania.
16.3 The Buyer and the Seller agree that all disputes, claims, and (or) disagreements arising in connection with the Agreement, its execution, violation, termination, or invalidity shall be resolved by negotiation. If an agreement cannot be reached through negotiations, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania, as specified in the Procedure for Using the Electronic Store.
16.4 In the event that the Buyer does not agree with the Seller’s prepared response to the Buyer’s written claim, the Buyer may submit his/her request/complaint regarding the goods purchased from www.truehabit.eu to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. 8 5 262 67 51, fax (8 5) 279 1466, website www.vvtat.lt (as well as to the territorial divisions of the State Consumer Rights Protection Service in the counties)) – or fill out a request form on the EGS platform https://ec.europa.eu/odr/.
16.5 The Seller has the right to change, amend, or supplement the rules for the purchase and sale of goods in the manner provided for in the Procedure for Using the Website, therefore, when the Buyer places an order for goods, the rules for the purchase and sale of goods in force at the time of placing the order for goods shall apply. In all cases, the Buyer undertakes to familiarize himself/herself with the rules for the purchase and sale of goods each time he/she places an order for goods, by checking the link indicating that he/she has familiarized himself/herself with the Rules. In this way, the Buyer confirms that he/she has read and understood the Rules posted on the Website at the time of placing the order, including the current version of the rules for the purchase and sale of goods.
16.6 To inform the Seller about a violation of the rules for the purchase and sale of goods, to ask questions, make claims, or if the Seller’s assistance is needed regarding the interpretation or application of the rules for the purchase and sale of goods, please contact us by email info@truehabit.eu. Inquiries received in writing will be answered within 14 (fourteen) calendar days from the date of receipt of the inquiry.
