Purchase Rules

Privacy and Terms of Use for Purchasing Products in the Online Store www.momsbeyou.com

1. General provisions

1.1. These Privacy and Rules for Purchasing Goods in the online store www.momsbeyou.com (hereinafter referred to as the Rules) have been drawn up in order to ensure the rights of You (hereinafter referred to as the Buyer) and MB "Mamoms" (hereinafter referred to as the Seller) selling goods in the online store www.momsbeyou.com (hereinafter referred to as the Store), to establish the obligations, responsibilities, personal data protection rules of both parties, and other provisions related to the purchase and sale of goods in the Store and direct marketing offers. When making a purchase online, the Buyer, having formed a shopping cart and paid for the order, confirms that he has read these Rules, agrees with them and undertakes to comply with them.

1.2. Seller – legal entity MB “Mamoms” registered in the Vilnius branch of the State Enterprise “Registrų Centras” of the Republic of Lithuania, legal entity code. 306098374, address Neužmirštuolių 8-5, LT-14123 Vilnius, E-mail: hello@momsbeyou.com .

1.3. The Rules establish the conditions and procedure for ordering, purchasing, and returning goods from the Store, and also specify the information that must be provided to the Buyer in accordance with the legal acts of the Republic of Lithuania.

1.4. The Seller is exempted from any liability in cases where losses or other negative consequences arise due to the Buyer not being familiar with the rules, recommendations or information provided by the Online Store, although such an opportunity was provided to him.

1.5. The Seller reserves the right to unilaterally change the Rules at any time by publishing the changed Rules on the website of the Online Store. The changes come into force from the moment of publication and are valid for all transactions concluded after publication.

2. Conclusion of the contract

2.1. Contracts for the purchase and sale of goods (hereinafter referred to as Contracts) in the electronic Store are concluded in electronic form. When concluding these Contracts with Buyers, the Seller shall be guided by the provisions of the Civil Code of the Republic of Lithuania regulating distance contracts and the "Retail Trade Rules" approved by the Resolution of the Government of the Republic of Lithuania of 22 July 2004 No. 738.

2.2. The following individuals have the right to purchase in the Seller's Online Store: legal entities; minors aged fourteen to eighteen years only with the consent of their parents or guardians, except for cases when they independently dispose of their income; legal entities; as well as authorized representatives of all of the above-mentioned persons. By agreeing to these Rules, the Buyer confirms that he has the right to purchase in the Seller's Online Store.

2.3. The Contract for the purchase and sale of Goods between the Buyer and the Seller is considered concluded and enters into force from the moment when the Buyer, having created a Shopping Cart in the Online Store, specified the delivery address and other necessary data, selected a payment method and familiarized himself with these Rules, clicks on the link "Pay Now".

2.4. After the conclusion of the Purchase and Sale Agreement, the Seller additionally sends the Buyer an automatic electronic notification about the confirmation of the order placed by the Buyer, with the goods specified therein, the main characteristics of the goods, their exact number and prices, and the assigned order number. The notification about the Order confirmation is sent to the Buyer to the email address specified in the order form submitted by the Buyer.

2.5. These Rules, the descriptions of Delivery, Payment and Returns of goods published in the Online Store, which form an integral part of the Rules, information about the Seller, as well as the electronic notification sent by the Seller to the Buyer about the receipt of the order, are considered an integral part of the Agreement between the Buyer and the Seller.

2.6. Each Agreement concluded electronically between the Buyer and the Seller is stored in the database of the Online Store.

2.7. The Agreement concluded between the Buyer and the Seller is valid until the full fulfillment of the obligations of the parties under the Agreement or until its termination in accordance with the procedure established in these Rules.

3. Goods and their prices

3.1. The characteristics of each product sold are indicated in the description provided in the Online Store for the relevant product. The Seller is not responsible if the color, shape or other parameters of the products available in the Online Store do not correspond to the actual color, shape or other parameters of the products due to the characteristics and (or) settings of the display used by the Buyer.

3.2. The Seller has the right to change the offer of goods in the Online Store at any time without notifying the Buyer.

3.3. The price of each item sold is given in Euros and is indicated in the Online Store next to the relevant item, in the Buyer's order and in the electronic notification sent to the Buyer by the Seller about receipt of the order. The Seller undertakes to sell the goods at the prices valid at the time the Buyer submits the order to the Seller.

3.4. The price of the goods includes value added tax (VAT).

3.5. The price of the goods does not include the fee for delivering the goods to the Buyer. The fees applicable for the delivery of the goods are specified in clause 5.2 of these Rules.

3.6. The Seller has the right to set the minimum size of the shopping cart at its discretion, i.e. the minimum amount upon reaching which the Buyer's order will be processed.

4. Payment for goods

4.1. The Buyer shall pay for the goods and their delivery in one of the following ways:

4.1.1. using a bank card payment method;

4.1.2. using the Stripe payment system;

4.1.3. using the "Paysera" payment system.

4.2. When paying for goods and their delivery using bank services, the Buyer may be subject to commissions and/or other fees for the transactions performed, as set by the Bank.

4.3. The Seller shall begin to execute the Buyer's order for goods only after receiving full payment for the goods and their delivery. Payment shall be deemed to have been made when the full amount due is received and credited to the Seller's bank account.

4.4. The Seller undertakes to provide the Buyer with all necessary and correct information necessary for the payment of the goods and their delivery services. However, the Seller does not assume any liability for improper services provided by the banks through whose services the Buyer's payment to the Seller was made and any losses related thereto.

5. Delivery of goods

5.1. The Goods are delivered by the Seller or by a company providing courier services on behalf of the Seller via a parcel machine or by courier (hereinafter referred to as the Courier). The Goods are delivered throughout the territory of the Republic of Lithuania, including the Curonian Spit. The Goods are delivered to the address specified by the Buyer during registration or in the goods order form.

5.2. The following Delivery Fee applies to the delivery of goods:

5.2.1. In Lithuania, the delivery price is €2.99 to parcel machines

5.2.2. The cost of courier services is €5 (except for Neringa municipality - delivery of goods to this municipality costs €32.00).

5.2.3 Delivery to EU countries and other third countries – upon individual request. You can submit it in the order comment or by email to hello@momsbeyou.com

5.2.2. When purchasing goods for more than €70, delivery to parcel machines in Lithuania is free of charge.

5.3. Usually, the goods are delivered to the Buyer at the address specified by him: in Lithuania within 3 - 5 business days, to other countries - within 4-30 business days. The Buyer agrees that, exceptionally, due to unforeseen circumstances, the delivery of the goods may be delayed, but, in any case, the goods must be delivered no later than within 45 (forty-five) calendar days. In such a case, the Seller will immediately contact the Buyer and agree on the delivery date. The delivery date for the goods begins to be calculated after the Seller receives the Buyer's payment for the goods and their delivery services.

5.4. In all cases, the Seller is exempted from liability for delay in delivery of the Goods if the Goods are not delivered to the Buyer or are delivered late due to the fault of the Buyer or due to circumstances beyond the control of the Buyer.

5.5. If the delivery of the goods is delayed for more than 10 (ten) business days through no fault of the Buyer or circumstances related to it and the parties fail to agree on an extension of the delivery time or replacement of the ordered goods with similar or other goods available in the Online Store, the Buyer has the right to withdraw from the Agreement (by informing the Seller thereof at the Online Store email address hello@momsbeyou.com ), and the Seller undertakes to return to the Buyer the money paid in advance by the latter (if such payment was made) within 14 (fourteen) calendar days after the withdrawal from the Agreement. The money is returned to the bank account from which the payment was made or to another account of the Buyer specified in the Buyer's notice of withdrawal from the Agreement.

5.6. Goods are delivered on working days from Monday to Friday, at a time agreed in advance with the Buyer.

5.7. If, due to the fault of the Buyer or circumstances dependent on him, the delivery and transfer of the goods to the Buyer at the time agreed upon by the parties did not take place (e.g. after delivering the goods to the address specified by the Buyer, it turned out that the delivery address was specified incorrectly or neither the Buyer nor another person accepting the goods was found at the specified address, etc.), the Seller or, on his behalf, the Courier shall additionally contact the Buyer and agree with him on a new delivery time suitable for both parties. For such repeated delivery of the goods, the Seller has the right to demand from the Buyer to pay an additional delivery fee. If the Buyer unjustifiably fails to accept the goods and during their repeated delivery, it shall be deemed that the Buyer has refused the Agreement, and the Buyer's order shall be cancelled, informing the Buyer about this in his registration form or at the e-mail address specified in the submitted order form. In such a case, the Seller undertakes to refund the money paid by the Buyer in advance (if such payment was made) within 14 (fourteen) calendar days after the withdrawal from the Agreement, deducting the costs of returning the goods to the Seller from the refunded amount. The money is returned to the bank account from which the payment was made.

5.8. Upon delivery of the goods to the address specified by the Buyer, the goods shall be transferred to the Buyer or to any other person located at the address specified by the Buyer. The Buyer confirms its understanding that any person located at the address specified by the Buyer for delivery of the goods (hereinafter referred to as the Buyer's representative) will be considered a suitable person to accept the goods.

5.9. During the delivery of the goods, the Buyer (the Buyer's representative) must, together with the Seller or Courier who delivered the goods (depending on the case), check the condition of the shipment (whether the package of the shipment is not wrinkled, wet, torn or otherwise externally damaged), the assortment, quantity and quality of the goods. Having noticed any damage to the external appearance of the shipment and (or) goods, discrepancies in the assortment and (or) quantity of goods, the Buyer (the Buyer's representative) must note this in the confirmation of delivery of the shipment (VAT invoice, consignment note or other similar document) provided by the Seller or Courier and draw up and sign a free-form act of damage/discrepancies to the shipment and (or) goods together with the Seller or Courier. Damages/discrepancies recorded during the transfer of the goods are eliminated in accordance with the procedure and terms agreed upon by the Buyer and the Seller.

6. Right of withdrawal from a distance contract and Return of Goods

6.1. The Buyer (consumer) has the right, without giving a reason, to withdraw from the Purchase and Sale Agreement concluded in the Online Store, by notifying the Seller in writing within 14 (fourteen) days from the date of delivery of the goods. The Buyer's written notice of withdrawal from the Agreement must be submitted to the e-mail address of the Online Store at hello@momsbeyou.com . In order to comply with the withdrawal deadline, it is sufficient for the Buyer to send a notification that he is exercising his right to withdraw from the Agreement before the withdrawal period expires. The buyer pays for the return of the goods, the buyer must agree with the seller when and where he will be able to return the returned goods.

6.2. Upon withdrawal from the Contract for the Purchase and Sale of Goods, the returned goods must meet the following requirements:

6.2.1. the item must not have been worn or otherwise used, it must be undamaged and not have lost its value;

6.2.2. the product must be presented in the original manufacturer's packaging (the packaging may have changed only to the extent necessary to inspect the product) and must not have lost its commercial appearance;

6.2.3. the product must remain with all labels attached.

6.3. The Buyer must hand over the returned goods to the courier who arrived at the agreed time or by sending them via a parcel machine.

6.4. Together with the returned product, the Buyer must submit to the Seller a completed application form, which the Seller provides to the buyer upon receipt of a statement from the buyer about the desired return of the product, or submit a free-form application for the return of the product (indicating the returned product and his bank account to which the money for the returned product must be transferred) and a document proving the purchase in the Online Store (VAT invoice).

6.5. The Buyer is not entitled to exercise the right to withdraw from the Agreement and return the goods that were unpacked after delivery and which are unsuitable for return due to health or hygiene reasons (e.g. underwear, if the hygienic protection strip has been removed), as well as in other cases specified in Part 2 of Article 6.22810 of the Civil Code of the Republic of Lithuania. The Seller, having received the Buyer's written notification of withdrawal from the Purchase and Sale Agreement specified in Clause 6.1 of these Rules, shall return to the Buyer the money paid for the goods (including the costs of delivery of the goods) within 14 (fourteen) calendar days. In the event of withdrawal from the distance purchase and sale agreement, the Buyer shall pay the costs of returning the goods to the Seller.

6.6. The rights of the Buyer when goods of inadequate quality are sold to him are established by the Civil Code of the Republic of Lithuania and the "Retail Trade Rules" approved by the Resolution of the Government of the Republic of Lithuania of 22 July 2014 No. 738, additionally taking into account the provisions established in paragraphs 6.3. - 6.5. of these Rules.

7. Rules for exchanging and returning goods of inadequate quality

7.1. Goods of inadequate quality shall be exchanged for goods of adequate quality and goods shall be returned in the cases and under the conditions established in Articles 6.363 and 6.364 of the Civil Code and the "Retail Trade Rules" approved by the Government of the Republic of Lithuania of 22 July 2014 by Resolution No. 738.

7.2. The seller is liable for defects in the item that become apparent within two years of the transfer of the item.

7.3. The buyer does not have the right to terminate the contract if the defect in the item is minor.

7.4. If the Buyer has purchased goods of inadequate quality, the Buyer may return the goods within the warranty period and, at his/her option, may demand:

7.4.1. that the Seller shall eliminate the defects of the goods free of charge within a reasonable period of time, if the defects can be eliminated;

7.4.2. to reduce the purchase price accordingly;

7.4.3. that the product be replaced with an analogous product of suitable quality;

7.4.4. refund the price paid and withdraw from the purchase and sale agreement.

7.5. The Buyer may choose only one of the methods of protection of rights provided for in clause 7.4 of the Rules. The Buyer must declare his choice when returning the goods. If the Buyer chooses the method provided for in clause 7.4 and the Seller is unable to implement it, the Seller shall offer an alternative method provided for in clause 7.4.

7.6. If the Buyer terminates the contract due to the inadequate quality of the item, the Seller must refund the price paid. The costs of returning the item of inadequate quality shall be borne by the Seller.

7.7. Goods are exchanged or returned upon written request of the consumer, the form of which is submitted together with the goods, or upon a free-form request of the Buyer, which is submitted to the Seller by e-mail specified in the Rules. The submitted request shall indicate the reason (defect in the quality of the goods) due to which the purchased goods do not satisfy the Buyer, and one of the requirements specified in clause 7.4 of the Rules. The request shall be accompanied by a document confirming the purchase-sale of the goods from the Seller (value-added tax invoice, invoice, payment card account statement, payment card reader receipt).

8. Processing of personal data

8.1. When ordering goods in the Online Store, registration is not required for the Buyer, however, for the proper execution of the order, it is necessary to provide such personal data as name, surname, e-mail, address to which the goods will be delivered, telephone number and other data specified in the order.

8.2. The Buyer confirms that he is aware of his right to refuse to provide his personal data, but understands that personal data is necessary and necessary for the fulfillment of the order for goods, and if the Buyer does not provide such data and does not agree to their processing for the purposes specified in paragraph 8.5. of these Rules, the Contract for the purchase and sale of goods cannot be concluded and fulfilled.

8.3. By registering in the Online Store and/or placing an order for goods, the Buyer confirms that he/she agrees to provide his/her personal data specified in these Rules, the registration form and the goods order form and does not object to the Seller processing this data for the purposes specified in clause 8.5. of these Rules.

8.4. The Buyer's personal data specified in clause 8.1. are collected and processed for the purpose of e-commerce (to conclude a Contract, process orders for goods, issue financial documents, resolve issues related to the delivery and transfer of goods, and fulfill other contractual obligations).

8.5. The personal data (e-mail address) of the Buyer and other visitors to the www.momsbeyou.com website are collected and processed for direct marketing purposes if the Buyer, when ordering goods, ticks the box indicating that he/she agrees to receive direct marketing offers. The Buyer and other visitors to the www.momsbeyou.com website have the right to withdraw their consent to the Seller processing personal data for direct marketing purposes at any time by submitting an appropriate notification to the Seller.

8.6. The personal data of the Buyer and other visitors to the www.momsbeyou.com website are processed and stored for no longer than is necessary for the purposes specified in these Rules.

8.7. The Buyer's personal data is stored and used for the purpose of electronic commerce for 10 years from the conclusion of the Agreement.

8.8. The personal data of the Buyer and other visitors to the www.momsbeyou.com website are stored and used for direct marketing purposes for 3 years from the last purchase on the www.momsbeyou.com website or shorter if the Buyer requests to opt out of receiving direct marketing messages.

8.9. The Seller has the right to provide the personal data of the Buyer and other visitors to the www.momsbeyou.com website to third parties of its choice only for the purposes specified in paragraphs 8.4. and 8.5. of the Rules and only to the extent necessary to achieve those purposes. In no other cases shall the personal data of the Buyer and other visitors to the www.momsbeyou.com website be disclosed to third parties without the prior consent of the Buyer and other visitors to the www.momsbeyou.com website. The personal data of the Buyer and other visitors to the www.momsbeyou.com website may be provided to government or law enforcement agencies, such as the police or supervisory authorities, but only upon their request and only when required by applicable law or in order to ensure our rights or the safety of our customers, employees and resources.

8.10. The Seller applies the security and processing requirements set out in the Law of the Republic of Lithuania on the Legal Protection of Personal Data and the General Data Protection Regulation of the European Union to the processing of personal data.

8.11. The Seller shall take appropriate technical and organizational measures to ensure the protection of all processed personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.

8.12. The Buyer and other visitors to the www.momsbeyou.com website have the following rights related to personal data:

8.12.1. request that the Seller provide access to data and correct or delete it, or restrict data processing;

8.12.2. the right to object to the processing of data;

8.12.3. the right to receive your personal data in a structured, commonly used and machine-readable format (right to data portability);

8.12.4. the right to withdraw consent;

8.12.5. the right to file a complaint with the State Data Protection Inspectorate.

8.13. The Buyer and other visitors to the www.momsbeyou.com website may exercise these rights by contacting the Seller by e-mail hello@momsbeyou.com .

8.14. During registration in the Online Store, when filling out the order form or otherwise using the Online Store, the Buyer must provide complete and correct data. If the data provided by the Buyer changes, the Buyer must update them immediately. The Buyer is responsible for the correctness of the data provided in the registration form, order form or otherwise using the Online Store and assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the data provided.

8.15. When registering in the Online Store and ordering goods, the Buyer undertakes to keep his login details safe and not to disclose them to anyone. If the Buyer loses his login details, he must immediately inform the Seller. The Buyer is responsible for transferring his login details to third parties. If the offers provided by the Seller in the Online Store are used by a third person who has logged in with the Buyer's login details, the Seller considers this person to be the Buyer.

9. Final provisions

9.1. The Seller has the right to temporarily or indefinitely suspend (terminate) the operations of the Store without informing the Buyer.

9.2. By commenting or sending a recommendation, the Buyer is responsible for ensuring that any information provided by him is true, accurate or otherwise not misleading, does not violate the rights of third parties and the requirements of the legal acts of the Republic of Lithuania. By commenting and sending a recommendation, the Buyer assumes responsibility for his actions.

9.3. The Seller reserves the right to delete and/or edit the comments posted by the Buyer at any time if it believes that the Buyer has not complied with the requirements specified in paragraph 9.2 of these Rules.

9.4. The Seller shall send all notifications of any kind to the Buyer to the email address specified in his registration form or the submitted order form.

9.5. The Buyer shall send all notifications, inquiries, complaints, etc. of any kind to the Seller's online Store email address hello@momsbeyou.com .

9.6. These Rules do not in any way limit and in no case may be understood as limiting the rights of the Buyer (consumer) established by the legal acts of the Republic of Lithuania. These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania. The law of the Republic of Lithuania shall apply to the Contract for the purchase and sale of goods concluded between the Buyer and the Seller.

9.7. You can submit a request/complaint regarding goods purchased in the store to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt , tel. 852626751, fax: (8 5) 2791466, on the website www.vvtat.lt (also to the territorial divisions of the State Consumer Rights Protection Service in the counties) - or fill out the request form on the ODR platform http://ec.europa.eu/odr/

9.8. All disputes between the Buyer and the Seller arising from or related to the Contract for the purchase and sale of goods shall be resolved by negotiations between the parties. If an agreement cannot be reached, the disputes shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.

9.9. The Seller reserves the right to change or supplement the Rules at any time, taking into account the requirements established by legal acts. Each time the Buyer makes a purchase in the online store, he will have to agree to these Rules again.