1. General Provisions
1.1 These purchase and sale rules (hereinafter – the Rules) establish the mutual rights, obligations, and liability of the person acquiring goods in the online store www.truehabit.eu (hereinafter – the Buyer) and MB “True Habit” (hereinafter – 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 amend, modify, or supplement the Rules at any time, taking into account the requirements established by legal acts. The registered Buyer will be informed of any amendments, modifications, or supplements at the time of logging into the www.truehabit.eu website and, in order to continue shopping in this online store, will be required to agree again to the modified Rules.
1.3 The Buyer agrees, without the explicit written consent of the Seller, not to reproduce, copy, sell, or resell the goods.
1.4 The right to purchase goods in the online store www.truehabit.eu is granted to:
1.4.1 legally capable natural persons, i.e., persons who have reached the age of majority and whose legal capacity is not restricted by court order;
1.4.2 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;
1.4.3 legal entities;
1.4.4 authorized representatives of all the above-mentioned persons.
1.5 By agreeing to the Rules, the Buyer confirms that, in accordance with Clause 1.5 of the Rules, they have the right to purchase goods in the online store www.truehabit.eu.
2. Personal Data Protection
2.1 The Buyer may order goods in the online store www.truehabit.eu without registering.
2.2 When ordering goods in the manner provided for in the Rules, the Buyer must indicate, in the relevant information fields provided by the Seller, the personal data necessary for the proper fulfillment of the order: name, surname, delivery address, telephone number, and email address.
2.3 The Seller processes the Buyer’s personal data in accordance with the Privacy Policy. Considering that the Privacy Policy contains important provisions of the Rules, it is recommended that the Buyer carefully read it and ensure that all provisions of the Privacy Policy are understood and acceptable to them.
2.4 If the Buyer agrees, the personal data specified in Clause 2.2 may be processed in the online store www.truehabit.eu for direct marketing purposes. During registration, the Buyer has the option to choose whether to receive or not receive newsletters and special offers.
2.5 Newsletters are sent only to registered members after clicking the “Register” button; the member then automatically begins to receive newsletters, which they may 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 By agreeing that their personal data may be processed for the purpose of selling goods and services in the Seller’s online store, the Buyer also agrees that informational messages necessary for the fulfillment of the goods order will be sent to the email address and telephone number provided by the Buyer.
2.7 The Seller undertakes not to disclose the Buyer’s personal data to third parties, except for the Seller’s partners providing delivery of goods or other services related to the proper fulfillment 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 provided to an employee of the Seller or a courier, and the data contained therein, shall be used solely for the proper identification of the Buyer.
3. Conclusion of the Purchase–Sale Agreement
3.1 The agreement between the Buyer and the Seller shall be deemed 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 submits and pays for the order, an email confirming receipt of the order is sent to the Buyer.
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–sale agreement concluded with the online store www.truehabit.eu by notifying the Seller in writing (by email, indicating the product to be returned, its order number, and the reason for return) no later than within 14 (fourteen) days from the date of delivery of the goods.
4.3 The Buyer’s right provided for in Clause 4.2 of the Rules shall be 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 Retail Trade Rules (No. 697 of 11 June 2001, 2014 edition).
4.4 The right provided for in Clause 4.2 of the Rules may be exercised only if the goods have not been damaged, their appearance has not substantially changed, and the goods have not been used.
5. Buyer’s Obligations
5.1 The Buyer must pay the price of the goods and their delivery, as well as any other payments (if specified at the time of concluding the agreement), and accept the ordered goods. Payment for the goods shall be made via the MakeCommerce.lt or Stripe system.
5.2 If the data provided in the Buyer’s registration form changes, the Buyer must update such data without delay.
5.3 The Buyer undertakes to use the online store honestly and properly, and not to harm its operation or stable functioning. If the Buyer fails to comply with this obligation, the Seller has the right, without prior notice, to restrict or suspend (terminate) the Buyer’s ability to use the online store and shall not be liable for any losses incurred by the Buyer in connection therewith.
5.4 Notwithstanding the obligations provided for in other clauses of these Rules, the Buyer undertakes, before starting to use the goods, to ensure that the received goods are those ordered by the Buyer.
5.5 Before using or storing the goods, the Buyer must carefully read the information provided on the product packaging or supplied together with the goods and comply with the specified storage and keeping conditions.
5.6 By using the online store www.truehabit.eu, the Buyer undertakes to comply with these Rules, other conditions clearly specified 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 damage the stability or security of the operation of the online store or violates their obligations, the Seller has the right to immediately and without prior notice restrict or suspend the Buyer’s ability to use the online store or, in exceptional cases, cancel the Buyer’s registration.
6.2 In the event of important circumstances, the Seller may temporarily or permanently suspend the operation of the online store without prior notice to the Buyer.
6.3 The Seller has the right, without prior notice to the Buyer, to cancel the Buyer’s order if the Buyer, having chosen the payment method provided for in Clauses 8.3.1 and 8.3.2 of the Rules, fails to pay for the goods within 3 (three) calendar days.
7. Seller’s Obligations
7.1 The Seller undertakes, under the conditions set out in these Rules and in the online store, to provide the Buyer with the opportunity to use the services provided by the online store www.truehabit.eu.
7.2 The Seller undertakes to respect the Buyer’s right to privacy with regard to their personal information, i.e., to process the personal data provided by the Buyer only in accordance with Section 2 of these Rules and the procedure established by 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 the Buyer under the conditions set out in Section 10 of these Rules.
7.4 In exceptional cases, if the Seller is unable to sell the goods, for example due to the goods being out of stock or no longer being sold, the Seller shall inform the Buyer by email or other means (by phone call and/or SMS message) and shall propose a possible solution to the problem (e.g., refund, extension of the delivery period, etc.). If the Buyer does not agree to any of the Seller’s proposals, the fulfillment of the goods order shall be terminated and, if the Buyer has already paid for the goods, the Seller shall 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 Clause 4.2 of the Rules and the condition provided for in Clause 4.4 of the Rules is met, the Seller undertakes to refund the amounts paid by the Buyer within 10 (ten) business 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 prior notice, except for Subscription cases to which the provisions of Clause 9.4 of these Rules apply.
8.2 Prices of goods in the online store www.truehabit.eu and in the formed order are indicated in euros. Prices are indicated inclusive of VAT. A delivery fee is added to the total amount of goods if such a fee is applied.
8.3 The Buyer shall pay for the goods using:
8.3.1 electronic banking services of Swedbank, SEB, Luminor, Citadele, and Šiaulių Bankas. Payments are possible in euros. Payments are processed using the MakeCommerce.lt payment platform;
8.3.2 Visa and Mastercard cards. Payments are possible in euros. Payments are processed using the Stripe payment platform.
9. Product Subscription
9.1 One product is offered in the online store www.truehabit.eu, which the Buyer may purchase in two ways:
9.1.1 as a one-time purchase (“No subscription”);
9.1.2 by selecting recurring delivery and payment (“Subscribe”).
9.2 By selecting “Subscribe,” the Buyer agrees that periodic payments (recurring charges) for the product will be carried out according to the delivery frequency selected by the Buyer. Payments are made automatically using the payment card provided by the Buyer. Payments are processed by the Stripe payment platform.
9.3 The Seller may apply discounts to the first Subscription order. Such discounts apply only to the first order and are not automatically applied to subsequent payments. Subsequent Subscription payments are always made at the standard product price valid on the payment date.
9.4 If the standard price of the product changes, the new price shall apply only to future Subscription payments.
9.5 The Buyer may cancel the Subscription at any time by logging into their account or by contacting info@truehabit.eu by email. If payment has already been made and the order has been prepared or handed over for delivery, the cancellation shall take effect for the next Subscription cycle.
9.6 If an automatic payment cannot be completed due to payment card data errors, insufficient funds, or other reasons, the Seller has the right to repeat the payment attempt within a reasonable period of time and/or suspend the Subscription service.
9.7 In the case of a Subscription, the return of goods and the right of withdrawal shall be applied in accordance with the provisions of Sections 4 and 11 of these Rules.
10. Delivery of Goods
10.1 Delivery of goods to the Buyer shall be carried out by the method selected by the Buyer, as specified in the clauses of this section.
10.2 Goods are delivered to the parcel terminal selected by the Buyer:
10.2.1 The Buyer undertakes to specify the parcel terminal to which they wish to receive the goods.
10.2.2 The parcel is stored in the parcel terminal for 72 hours. After the expiration of this period, the parcel is returned to the Seller.
10.2.3 It is not possible to redirect the parcel to another delivery location.
10.3 Delivery of goods to the address specified by the Buyer:
10.3.1 When selecting delivery services at the time of ordering, the Buyer undertakes to specify the exact delivery address.
10.3.2 The Buyer undertakes to accept the goods personally. If the goods are accepted by a person other than the Buyer, the Buyer must specify the details of the person who will accept the goods when completing the delivery information.
10.3.3 Upon acceptance of the goods, a valid identity document must be presented in order to properly identify the Buyer. If the Buyer is unable to accept the goods personally and the goods are delivered to the address specified by the Buyer, the Buyer shall have no right to submit claims to the Seller regarding delivery of the goods to an improper person.
10.3.4 The goods shall be delivered by the Seller or an authorized representative thereof.
10.4 The shipping fee is calculated based on the country and postal code where the order will be sent.
10.5 The Buyer agrees that, in exceptional cases, delivery of goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such cases, the Seller undertakes to immediately contact the Buyer and agree on the conditions of delivery of the goods or to inform about this in advance in the online store www.truehabit.eu.
10.6 In all cases, the Seller shall be released from liability for violation of delivery deadlines if the goods are not delivered to the Buyer or are delivered late due to the Buyer’s fault or circumstances attributable to the Buyer.
10.7 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 terminal, the Buyer must cover the costs of return and re-shipment to the Seller if the Buyer wishes to receive the goods.
11. Return and Exchange of Goods
11.1 Defects of sold goods shall be remedied, and goods of inadequate quality shall be replaced or returned in accordance with the “Retail Trade Rules” approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001.
11.2 Received quality food products (not expired, in undamaged packaging) (or food supplements) shall not be exchanged or returned, except in cases provided for by legal acts.
11.3 In order to return goods, the Buyer must complete a free-form request for return of goods and send it by email to info@truehabit.eu.
11.4 The Buyer may exercise the right provided for in Clause 11.1 within 14 (fourteen) calendar days from the date of delivery of the goods to the Buyer, by informing the Seller in the manner provided for in Clause 11.3 of the Rules.
11.5 If fourteen (14) calendar days have passed since the date of delivery of the goods, the Seller may not offer a refund or exchange.
11.6 When returning goods, the Buyer must comply with the following conditions:
11.6.1 the returned goods must be in the original, proper packaging (this clause does not apply in the case of returning goods of inadequate quality);
11.6.2 the goods must not be damaged by the Buyer;
11.6.3 the goods must be unused and must not have lost their commercial appearance (this clause does not apply in the case of returning goods of inadequate quality);
11.6.4 the returned goods must be of the same комплектation as received by the Buyer.
11.7 The Seller has the right not to accept returned goods if the Buyer does not comply with the return procedure established in this article.
11.8 The right provided for in Clause 4.2 of the Rules may be exercised only by a Buyer who is considered a consumer under the provisions of the Law on Consumer Rights Protection of the Republic of Lithuania, i.e., a natural person who seeks to conclude or concludes contracts for purposes not related to their business, trade, craft, or profession (consumer purposes).
11.8.1 The Buyer (consumer) may not exercise the right to withdraw from the contract provided for in Clause 11.1 of the Rules when the contract is concluded for:
11.8.2 goods that deteriorate rapidly or goods with a short shelf life;
11.8.3 packaged goods that were unpacked after delivery and are unsuitable for return due to health protection or hygiene reasons, as well as in other cases provided for by the Civil Code, the “Retail Trade Rules” approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001, and other legal acts.
11.9 Goods of inadequate quality or quality goods that do not satisfy the Buyer due to their shape, size, colour, model, or completeness shall be exchanged or returned in accordance with the “Retail Trade Rules” approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001, the Civil Code of the Republic of Lithuania, and other applicable legal acts of the Republic of Lithuania.
11.10 Refunds for returned goods shall in all cases be made by bank transfer and only to the payer’s bank account.
12. Product Quality Guarantee
12.1 Goods are subject to the quality guarantee provided by their manufacturer and/or the period of suitability for use, the specific term (duration) and/or other conditions, including conditions under which the guarantee does not apply, are specified in the descriptions of such goods, on the product packaging and/or in the warranty booklets provided together with the goods. If for certain types of goods the manufacturer’s quality guarantee is not provided, such goods shall be subject to a two-year statutory guarantee and the manufacturer’s commercial guarantee, which does not limit or restrict the rights of Buyers established under the Civil Code of the Republic of Lithuania in the event of acquisition of goods of inadequate quality.
12.2 The manufacturer’s obligations regarding the validity of the goods shall apply only if the conditions of use of the goods have not been violated.
12.3 Defects of goods shall be remedied, and goods of inadequate quality shall be replaced or returned in accordance with the procedure established in these Rules and taking into account the requirements of applicable legal acts of the Republic of Lithuania.
12.4 A Buyer who has acquired goods of inadequate quality shall have the right, at their choice, to:
12.4.1 demand that the Seller eliminate the defects of the goods free of charge; or
12.4.2 demand that the Seller replace the goods of inadequate quality with goods of adequate quality free of charge; or
12.4.3 demand that the Seller reduce the price of the goods accordingly; or
12.4.4 unilaterally terminate the Agreement and demand a refund of the price paid for the goods.
12.5 The Seller may at any time, without prior notice, improve and/or change the products described in the online store, add new features, or discontinue the operation of the online store. The Seller also:
(i) reserves the right, at any time without prior notice and without any liability to the Buyer or any other person, to change the goods advertised or sold in the online store, their prices or specifications, and any promotional offers;
(ii) cannot guarantee that the goods advertised or sold in the online store will be available at the time of ordering or later;
(iii) reserves the right to limit the quantity of goods sold or offered for sale;
(iv) does not guarantee that the information in the online store (including, but not limited to, product descriptions, colours, or photographs) is accurate, complete, reliable, up-to-date, or error-free; and
(v) reserves the right to modify, cancel, terminate, or not process orders (including accepted orders) if the price or other important information indicated in the online store is inaccurate, if the Seller does not have sufficient goods to fulfill the order, or for any other reason at the Seller’s discretion. If, for such reasons, the Seller does not process the order, the Seller shall either not charge the Buyer or shall credit the amount to the payment method used for the order. In some jurisdictions, it may not be permitted to disclaim or exclude certain implied warranties; therefore, some provisions of this section may not apply. If the Buyer requires more detailed information, advice, or instructions regarding the Seller’s goods, please contact the Seller directly by email at info@truehabit.eu.
12.6 The packaging design and information on the label may vary from those shown in the image.
13. Liability
13.1 The Buyer is fully responsible for the accuracy of the personal data provided by them. If the Buyer fails to provide accurate personal data, the Seller shall not be liable for the consequences arising therefrom and shall acquire the right to claim compensation from the Buyer for direct losses incurred.
13.2 The Buyer shall be responsible for actions performed while using the online store www.truehabit.eu.
13.3 The Buyer of the online store shall be responsible for the safekeeping of their login details and/or for transferring them to third parties. If third parties use the services provided by the online store by logging in through the Buyer’s login details, the Seller shall consider such a person to be the Buyer, and the Buyer shall be responsible for all actions performed by such third party in the online store.
13.4 The Seller shall be released from any liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and their obligations, failed to familiarize themselves with these Rules, although such an opportunity was provided.
13.5 In the event of damage, the party at fault shall compensate the other party for direct losses.
13.6 The Seller shall not be liable for the proper performance of mutual obligations between the Buyer and the Seller’s partners whose services are ordered by the Buyer.
14. Marketing Measures Applied by the Seller
14.1 At its discretion, the Seller may initiate various promotions in the online store www.truehabit.eu.
14.2 The Seller reserves the right, at its discretion, at any time to introduce and/or cancel offers, promotions, or to change the prices of goods, without violating the Customer’s rights, including the terms of the Agreement.
14.3 The Seller may approve Buyers’ reviews only if a purchase in the e-store was made using the email address indicated in the review.
15. Exchange of Information
15.1 The Seller shall send all notices in accordance with the procedure set out in Clause 2.2 of the Rules to the email address provided by the Buyer.
15.2 The Buyer shall send all notices and questions to the email address info@truehabit.eu.
16. Use of Cookies
16.1 In order to offer the Buyer or a visitor of the Online Store the full range of services offered in the Online Store, the Administrator uses system cookies (hereinafter – cookies) in the Online Store. Cookies are small files that are sent to and installed on the User’s computer. Cookies are used to recognize a previous visitor of the Online Store, determine the language of the Online Store page, identify the user session and session key, and also to identify and correct errors present in the Online Store.
16.2 The User has the possibility in their browser to view what information (cookies) the Seller installs and to delete some or all installed cookies. By using the Online Store, the User agrees that the cookies specified by the Seller will be stored on the User’s computer (device). The User may withdraw this consent at any time by changing their internet browser settings; however, in such a case certain functions of the Online Store may not operate.
17. Final Provisions
17.1 These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
17.2 The law of the Republic of Lithuania shall apply to relationships arising on the basis of these Rules.
17.3 The Buyer and the Seller agree that all disputes, claims, and/or disagreements related to the Agreement or arising from its performance, breach, termination, or invalidity shall be resolved by negotiations. If an agreement cannot be reached through negotiations, disputes shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania, as specified in the rules for using the Online Store.
17.4 If the Buyer does not agree with the Seller’s prepared response to the Buyer’s written complaint, the Buyer may submit their request/complaint regarding goods purchased from www.truehabit.eu to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. +370 5 262 67 51, fax +370 5 279 1466, website www.vvtat.lt (also to the territorial divisions of the State Consumer Rights Protection Authority in counties)) or submit the request via the ODR platform at https://ec.europa.eu/odr/.
17.5 The Seller has the right to amend, modify, or supplement the rules for the purchase and sale of goods in the manner provided for in the Website usage rules; therefore, when the Buyer submits an order, the purchase–sale rules valid at the time of submission of the order shall apply. In all cases, the Buyer undertakes to familiarize themselves with the purchase–sale rules at the time of each order submission by marking the link indicating that they have familiarized themselves with the Rules. In this way, the Buyer confirms that they have read and understood the Rules applicable at the time of ordering, including the current version of the purchase–sale rules published on the Website.
17.6 If you wish to inform the Seller about a violation of the purchase–sale rules, have questions, claims, or require assistance regarding the interpretation or application of the purchase–sale rules, please contact the Seller by email at info@truehabit.eu. Written inquiries will be responded to within 14 (fourteen) calendar days from the date of receipt of the inquiry.
