1. General Provisions
1.1. These Terms and conditions of sales and purchase (hereinafter referred to as the Terms) constitute a legal document binding to the Buyer and the Seller (hereinafter referred to as the Parties), which sets out the rights and obligations of the Parties, the terms for concluding the sales and purchase agreement, payment terms, conditions for delivery and returns, as well as the ways and procedures, and other provisions related to the sales and purchase on www.gentleday.com online shop.
1.2. The Buyer agrees to these Terms when signing-up on the online shop or when confirming the acceptance of the Terms before ordering the items.
1.3. The Seller has the right to modify, supplement or amend the Terms at any time. Any changes of the Terms are published on the website .
1.4. Only the following persons are entitled to sign up and buy items on online shop:
1.4.1. natural persons with legal capacity;
1.4.2. minors from fourteen to eighteen years of age only with the consent of parents or guardians, except when they dispose of their own income;
1.4.3. legal entities;
1.4.4. authorized representatives of all of the above-mentioned persons.
1.5. After agreeing with the Terms the Buyer has the right to sign up and buy items on online shop.
2. Conclusion of the Sales and Purchase Agreement
2.1. The agreement between the Buyer and the Seller may be concluded from the moment the Buyer clicks on "Submit" button after having selected the item and indicated the number of items ordered.
2.2. Upon conclusion of the sales and purchase agreement, the range of items indicated in the Buyer’s order, their quantity, price, delivery time and other terms and conditions are binding to both Parties and become an integral part of the agreement.
3. Rights and Obligations of the Buyer
3.1. The Buyer has the right to purchase items on www.gentleday.com online shop in accordance with these Terms.
3.2. The Buyer must pay for the items purchased and accept them in accordance with the conditions, terms and other requirements specified in these Terms, and other conditions indicated by the Seller.
3.3. If upon delivery of the items the Buyer refuses to accept them without valid reasons, the Buyer must cover the delivery costs incurred by the Seller.
3.4. The Buyer must comply with these Terms of the online shop and respect the laws of the Republic of Lithuania.
3.5. The Buyer may change the range of items, the delivery address, and other details, or cancel the order for the items before clicking the link "CONFIRM". After clicking "CONFIRM", the Buyer is no longer entitled to change or cancel his/her order.
4. Rights and Obligations of the Seller
4.1. The Seller has the right to cancel the registration of the Buyer or otherwise restrict his/her access to online shop, if the Buyer attempts to disrupt the operation of the online shop in any way.
4.2. The Seller agrees to allow the Buyer to use the online shop services according to the conditions specified in these Terms and other terms of online shop.
4.3. The Seller agrees that all products are of suitable quality, i.e. the properties of the items are not worse than indicated in the item description.
4.4. The Seller agrees to deliver the items purchased by the Buyer at his/her specified address, based on the terms and conditions specified in the particular offer, or as defined by these Terms.
4.5. If due to unforeseen circumstances the Seller fails to deliver the items purchased in online shop, the Seller shall have the right to terminate the sales and purchase agreement by giving a written notice before five calendar days to the Buyer.
4.6. The Seller is not responsible for the late delivery if it is attributable to the fault of postal or courier services.
5. Prices, payment and terms
5.1. The item prices in online shop and in the order are specified in euros. Value added tax applicable in the Republic of Lithuania is included in the price.
5.2. The Buyer pays for the items in one of the following ways:
5.2.1. using PayPal international payment systems;
5.2.2. using Webmoney international payment systems;
5.2.3. using electronic banking systems.
5.6. When using international payment systems and electronic banking systems, the Buyer undertakes to pay for the items immediately, no later than in three (3) hours. The order is accepted and a consignment of items is prepared only after receiving the payment from the Buyer.
6. Delivery of Items
6.1. The Buyer who purchases items in online shop must be aware that the items are delivered to addresses within the EU countries.
6.2. If the Buyer chooses to receive the ordered items by post in the EU country, she/he must to indicate an accurate delivery address and a zip code. When indicating the details for the order delivery, the Buyer assumes full responsibility for incorrect data.
6.3. Fee for the delivery shall be calculated as follows:
6.3.1. if the order amount does not exceed 60 euro, the delivery cost of items in the European Union using the EU postal services shall be 2.00 euros;
6.3.2. if the order amount exceeds 60 euro, the delivery cost of items in the European Union using the EU postal services shall be free of charge;
6.4. The Seller reserves the right to change the delivery fee.
6.5. Shipping and delivery terms of items are presented in the item description. Item delivery terms presented in the descriptions are preliminary and may be changed at the discretion of the Seller. The Seller commits to make every effort to deliver the purchased item as quickly as possible.
6.6. The characteristics of the items offered for sale are indicated in the item description. The Seller is not responsible if the colour, shape or other parameters of the item in the online shop do not match the actual product size, shape and colour.
7. Exchange and Return
7.1. Within 14 working days after receiving the items the Buyer has a right to return the item(s) of adequate quality purchased in the online shop and to recover the money paid for them or replace the item(s) with another similar item of a different size, shape, colour, pattern or content.
7.2. In order to replace or return the item(s), the Buyer must notify the Seller in writing (by e-mail , indicating the returned item’s order number, name and product code) no later than in 14 working days from the delivery of the item.
7.3. Return and exchange of sold items is governed by the “Regulations on return and exchange of items” approved by order No 217 of the Minister of Economy of the Republic of Lithuania of 29 June 2001 and "Rules on item sale and delivery of service, when the agreement is concluded by communication means" approved by order No 258 of the Minister of Economy of the Republic of Lithuania of 17 August 2001.
7.4. When replacing or returning the items it is necessary to follow these conditions:
7.4.1. the replaced or returned item must be in original orderly packaging;
7.4.2. the item may not have been worn or otherwise damaged and must not have lost its merchantable value;
7.4.3. the item must be of good condition (intact labels and other markings, not dirty etc.)
7.4.4. the replaced or returned item must be of the same configuration as specified in the order;
7.4.5. when replacing or returning the items it is necessary to provide its proof of purchase, warranty receipt (if any) and the completed return document;
7.5. The Seller has the right to refuse to accept the items for return or replacement by the Buyer if the requirements for exchange and return have not been observed.
7.6. The Buyer must deliver the items for return or replacement using the postal services in the EU countries.
7.7. The returned or replaced item must be accompanied with the “Item return or replacement form” and the document confirming that it was purchased in online shop (VAT invoice).
7.8. Having received the item for return or replacement, the Seller must notify the Buyer within 15 calendar days whether the item met the criteria for return. If the returned item meets these criteria, the Seller has to replace the item or refund money paid for it.
7.9. Transportation costs of replaceable or returned items are covered by the Buyer.
7.10. If the Buyer sends items for return or replacement using a chosen courier service or a courier service indicated by the Seller, or using the postal services in the EU countries, in case of item return the money paid for the item are only refunded by transferring money to the bank account indicated in the Buyer’s item return or replacement form. The Seller assumes no responsibility for delays or failures in the return or replacement of the item if the Buyer fails to provide part or all of the data required for return.
7.11. If the item cannot be replaced due to the Seller's fault, the Seller must refund the value of the item or the price difference.
8. Liability
8.1. The Buyer shall be fully responsible for the accuracy of data provided in the registration form. If the Buyer provides inaccurate data in the registration form, the Seller shall not be liable for resulting consequences and shall be entitled to claim for the compensation for direct damages from the Buyer.
8.2. The Buyer shall be fully responsible for his/her actions, performed after signing up the online shop.
8.3. The Buyer shall be responsible for the security of the provided registration data. If the registration data are used by the third person, she/he shall be considered as the Buyer.
8.4. The Seller shall be exempt from any liability in all cases when the loss occurs due to the fact that the Buyer, regardless of the Seller’s recommendations and his/her own commitments, failed to make himself/herself familiar with these Terms, even though such an opportunity was provided to him/her.
8.5. In case of damage, the guilty Party shall indemnify the other party for direct losses.
9. Final Provisions
9.1. online shop reserves the right to amend these Terms. Additions or modifications of the Terms shall take effect from the date of their publication, i.e. from the date when they are made public in the online store.
9.2. If the Buyer does not agree to the amended Terms, the Buyer shall have the right to refuse to use the online shop services.
9.3. If after the change of the Terms the Buyer continues to use the online shop services, it shall be assumed that the Buyer agrees to the changes of the Terms.
9.4. These Terms are made in accordance with the laws of the Republic of Lithuania.
9.5. Relations arising during the use of online shop are subject to the legislation of the Republic of Lithuania.
9.6. Any disputes arising during the use of online shop as well as the enforcement of these Terms shall be settled by negotiation. If the disputes cannot be settled this way, they shall be settled according to legislation of the Republic of Lithuania.
9.7. None of the Parties shall be liable for their failure to discharge contractual obligations in part or in full, provided it takes place due to the reasons attributed to the force majeure circumstances according to the legislation of the Republic of Lithuania. A Party unable to comply with its assumed obligations because of the force majeure circumstances must immediately notify the other Party by fax or e-mail of the onset of the force majeure circumstances and their impact on the execution and termination of the Agreement. The Party failing to notify the other Party of the force majeure circumstances may not rely on these circumstances for the exemption from liability for default.
9.8. The Parties shall be guided by the Regulations on exemption from liability in case of force majeure circumstances approved by the Government of the Republic of Lithuania.
9.9. Upon the expiration of the force majeure circumstances, the Parties must resume and fulfil their obligations.
