Terms and conditions

Terms and Conditions

Terms and conditions for buying and selling goods in the e-shop starsmemories.com

1. Definitions

1.1. Seller – UAB “Sominis Technology”, a Lithuanian company duly registered and operating in the Republic of Lithuania, legal entity code: 302488708, VAT code: LT100005271719, registered office address: Žygio str. 93, LT-08234 Vilnius.

1.2. Stars memories – e-shop located at starsmemories.com

1.3. Buyer – 1) an active natural person, i.e., a person who has reached the age of majority and whose capacity is not restricted by court order; 2) a minor between the ages of fourteen and eighteen who has the consent of his or her parents or guardians, unless he or she is emancipated; 3) a legal person; 4) duly authorized representatives of all the above persons.

1.4. Parties – Buyer and Seller together.

1.5. Personal data – any information relating to a natural person – a data subject whose identity is known or can be established directly or indirectly by means of data such as a personal code, one or more personal, physical, physiological, psychological, economic, cultural or social data signs.

1.6. Rules – these “Terms and conditions for buying and selling goods in the e-shop starsmemories.com”.

1.7. Account – the result of the Buyer’s registration on starsmemories.com, due to which an account protecting his personal data and order history is created.

1.8. Privacy Policy – a document approved by the Seller, which provides the basic rules for the collection, storage, processing, and storage of Personal Data using starsmemories.com

2. General provisions

2.1. By continuing the purchase, the Buyer confirms that he has read the Rules, has properly understood and is acquainted with the rules of purchase and sale of goods in the e-shop starsmemories.com and agrees with them. The Rules approved in this way are a legal document binding on the Parties, which sets out the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for goods, delivery and return procedures, liability of the parties and other conditions related to the purchase and sale of goods on starsmemories.com.

2.2. Only Buyers, as defined in Clause 1.3 of the Rules, have the right to buy starsmemories.com. By approving the Rules and having read the Privacy Policy, the Buyer confirms that he has the right to purchase goods on starsmemories.com.

2.3. We inform you that in case of necessity or in the circumstances provided for in the legal acts of the Republic of Lithuania, the Seller has the right to change, amend or supplement the Rules. We recommend that you review the Rules each time you make a purchase.

2.4. These Rules and any Agreements between the Seller and the Buyer are concluded only in Lithuanian.

3. Ordering goods, the moment of establishing the legal relationship of purchase and sale

3.1. The buyer can order goods from starsmemories.com by choosing one of the following methods:
3.1.1. by registering on starsmemories.com online (entering your registration name and password);
3.1.2. without registering online at starsmemories.com.

3.2. When ordering the goods in one of the ways specified in clauses 3.1.1 – 3.1.2 of the Rules, the Buyer must indicate his / her Personal Data necessary for the proper execution of the order of goods provided for in the Privacy Policy.

3.3. When the Buyer, having selected the product or service to be purchased and formed a shopping cart, completes all the steps of the order, the last of which is the selection and confirmation of the payment method, the Seller and the Buyer are considered to have a sale and purchase agreement.

3.4. When the buyer places the order, an e-mail confirming receipt of the order is sent to him.

3.5. Every Buyer’s order is stored in the starsmemories.com database.

4. Buyer’s rights

4.1. The Buyer has the right to purchase goods on starsmemories.com in accordance with the procedure established by these Rules.

4.2. The Buyer has the right to cancel the order in accordance with the procedure established by these Rules.

4.3. The Buyer has the right to withdraw from the contract in accordance with the procedure established by these Rules.

4.4. The Buyer has the right to replace or return the purchased goods in accordance with the procedure established by the Rules.

4.5. The Buyer has other rights enshrined in these Rules, the Privacy Policy and the legal acts of the Republic of Lithuania.

5. Obligations of the Buyer

5.1. By using starsmemories.com, the Buyer must fulfill his obligations, comply with these Rules, Privacy Policy, other conditions clearly indicated on starsmemories.com, and not violate the legal acts of the Republic of Lithuania.

5.2. The registered Buyer is responsible for the transfer of his login data to third parties. If the services provided by the store are used by a third party connecting to the store using the Buyer’s login details, the Seller considers this person to be the Buyer.

5.3. The Buyer must pay for the ordered goods and accept them in accordance with the procedure established by these Rules. If the Buyer chooses to pick up the goods at the place of collection of the Goods, the Buyer must pick them up at the chosen place of collection of the Goods within the terms specified in the Rules.

6. Seller’s Rights

6.1. The seller has the right to suspend or terminate the activities of starsmemories.com. In this case, all accepted and confirmed Buyers’ orders are terminated and new orders are not accepted.

6.2. If the Buyer fails to fulfill his / her obligations, the Seller has the right to immediately and without prior notice restrict or suspend the Buyer’s access to starsmemories.com or, in exceptional cases, cancel the Buyer’s account.

6.3. The Seller has the right to cancel his order without prior notice to the Buyer, if the Buyer does not pay for the goods within 3 (three) working days.

7. Obligations of the Seller

7.1. The Seller undertakes to clearly and intelligibly provide starsmemories.com with information about the goods to the Buyer.

7.2. The Seller undertakes to respect the privacy of the Buyer. To process the Buyer’s Personal Data only in accordance with the procedure established by the Rules, the Privacy Policy, and the legal acts of the Republic of Lithuania.

7.3. Under the conditions provided for in the Rules, the Seller undertakes to deliver the goods ordered by the Buyer and to accept the goods returned by the Buyer.

7.4. If the Seller is unable to deliver the ordered product to the Buyer due to important circumstances, he undertakes to offer the Buyer a product analogous or as similar as possible in its characteristics. If the Buyer refuses to accept the product, which was offered as analogous or similar, the Seller undertakes to return the money paid to the Buyer within 30 (thirty) working days, if a prepayment has been made, and in all cases cancel the order.

7.5. The Seller undertakes to perform other obligations imposed on the Seller in the Privacy Policy and legal acts of the Republic of Lithuania.

8. Prices of goods, payment procedure and terms

8.1. The prices of the goods in the order formed by starsmemories.com are indicated in euros, including the amount of VAT valid at that time according to legal acts.

8.2. The Buyer can pay for the ordered goods in one of the following ways:
8.2.1. credit card;
8.2.2. through the Paysera.lt system.

8.3. When the Seller receives payment for the goods (if the Buyer has chosen the method of payment established in clauses 8.2.1 – 8.2.2 of the Rules), the order of the goods is confirmed and the term of delivery of the goods begins to count.

8.4. By approving the Rules, the Buyer agrees that the purchase documents – VAT invoices, which are also warranty certificates for the goods, should be submitted to him electronically to the e-mail address specified in the Buyer’s registration form immediately after the order is completed. VAT invoices shall indicate the goods selected, their quantity, the discounts granted, the final price of the goods, including all taxes, and any other information required for the approval of the accounting legislation.

9. Delivery of goods

9.1. If the Buyer chooses the home delivery service during the order:

9.1.1. The buyer must use Lithuanian letters when specifying his data. Names, surnames, places must begin with a capital letter. It is necessary to provide the exact address of residence – this is necessary not only for the delivery of goods but also for the formation of the invoice.
9.1.2. The buyer undertakes to accept the goods himself. A valid identity document (identity card, passport, or a new model driving license) must be presented upon acceptance of the goods. If the Buyer cannot accept the goods himself and the goods are 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.

9.2. The Seller delivers the goods to the Buyer in accordance with the terms specified in the descriptions of the goods. These terms are preliminary and do not apply in cases when the Seller does not have the required goods in stock and the Buyer is informed about the shortage of the goods ordered by him. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and agree on the terms and other conditions of delivery of the goods. If the Seller does not deliver the goods within the set term and the Parties do not agree on an additional term for delivery of the goods, the Buyer may exercise the right established in Clause 11.1 of the Rules – to withdraw from the contract of sale.

9.3. At the time of delivery of the goods to the Buyer, the Buyer must together with the Seller or his authorized representative check the condition of the consignment and the goods and sign the delivery-acceptance document of the consignment. After the Buyer has signed the delivery-acceptance document of the consignment, it is considered that the goods have been delivered in proper condition, there are no violations, the cause of which is not due to factory defects, and no discrepancies in the product(s). Noticing that the packaging of the delivered product is damaged (wrinkled, wet or otherwise externally damaged), the product(s) is (are) damaged and / or the product(s) is (are) in an incorrect configuration, the Buyer must indicate this in the product delivery-acceptance document and, in the presence of the Seller or his representative, to draw up a report of damage / non-conformity of the free-form consignment and / or the product(s). If the Buyer fails to perform these actions, the Seller is released from liability for damage to the goods, when the cause of such damage is not a factory defect and for discrepancies in the assembly of goods only if these discrepancies can be identified during the external inspection.

10. Product quality guarantee and expiration date

10.1. The characteristics of each product sold on starsmemories.com are indicated in the product description next to each product.

10.2. The goods offered for sale by the seller are of appropriate quality, i.e., the characteristics of the goods correspond to the description of the goods. The product complies with the consumer sales contract if:
10.2.1. the product corresponds to the description provided by the Seller and has the same characteristics as the product provided by the Seller as an example or model when advertising that product on starsmemories.com.

10.3. The Seller is not responsible for the fact that the size, shape, color, or other parameters of the goods on starsmemories.com, may not correspond to the actual size, shape, color, or other parameters of the goods used by the Buyer or other technical reasons beyond the Seller’s will. The Buyer understands that the Goods may differ slightly from their images. The buyer is advised to read the product description.

11. Refusal of the purchase and sale agreement, return of goods

11.1. Described on the Product Warranty and Returns page

12. Liability

12.1. The Buyer is responsible for the actions performed using starsmemories.com, including, but not limited to, the accuracy of the data provided in the registration form. The buyer accepts responsibility for the consequences of incorrect or inaccurate data provided in the registration form.

12.2. The Seller is released from any liability in cases where the loss arises due to the fact that the Buyer, despite the recommendations of the Seller and his obligations, did not read these Rules, the Privacy Policy, even though he was given such an opportunity.

13. Marketing measures taken by the seller

13.1. The seller may initiate good promotions or games on starsmemories.com at its own discretion.

13.2. The seller has the right to unilaterally, without separate notice, change the terms of the promotions or games, as well as cancel them.

13.3. The Seller shall send all notices by the means of communication specified in the Buyer’s registration form.

14. Exchange of information

14.1. In accordance with these Rules and the Privacy Policy, the Seller sends all notifications to the e-mail address specified during the Buyer’s registration or ordering goods, and the Buyer can use all communication channels specified in the “contacts” section of the Online Store.

15. Final provisions

15.1. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania.

15.2. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.

15.3. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. In case of failure to reach an agreement, disputes shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.