The following general provisions define the terms and conditions of the purchase and sale of goods sold in the online shop (hereinafter referred to as the “Shop” or “Online Shop”), the processing of personal data, the return of goods, delivery, payment, the parties’ rights, obligations and liabilities, and any other aspects related to the purchase. These Rules have been drawn up in accordance with the legislation of the Republic of Lithuania and are a binding legal document for both the Buyer and the Seller.
Seller: MB “Nouga” Tel. +37062426332 E-mail: info@nougawear.com Address of the registered office: K. Ulvydo g. 7-103, Vilnius Address of the online shop: https://www.nougawear.com
1. GENERAL PROVISIONS
1.1 Purpose of the document. These Rules (hereinafter referred to as the “Rules”) govern the rights, obligations and responsibilities between the Buyer (natural or legal person) and the Seller when the Buyer purchases goods on the website https://www.nougawear.com, as well as the ordering, payment, delivery and return procedures.
1.2. Buyer – any person who complies with the applicable legislation of the Republic of Lithuania and who has the right to enter into transactions on his/her own behalf or is duly authorised. By accepting these Terms and Conditions, the Buyer confirms that he/she has the right to purchase goods in the Shop.
1.3. Acceptance of the rules. Before using the Online Shop, the Buyer must read the Terms and Conditions and confirm them with each order. If the Buyer does not agree to the Terms and Conditions or any amendments thereto, the Buyer shall not be entitled to use the services of the Shop.
1.4. Application of the rules. These Terms and Conditions, together with the Buyer’s confirmed order, shall become a mutually binding contract of sale. The contract shall be deemed to have been concluded when the Buyer forms a shopping cart, selects the method of payment and delivery, confirms that he/she has read the Terms and Conditions and receives confirmation of acceptance of the order from the Seller.
1.5. Changing the rules. The Seller shall have the right to change, update or supplement the Terms and Conditions at any time, ensuring that it complies with applicable law. The Buyer’s order shall always be subject to the version in force at the time the order is placed.
1.6. Right to buy for minors. You can buy in a shop:
- able-bodied natural persons aged 18 and over;
- Minors aged 14-18 years with the consent of their parents or guardians (unless they are disposing of their own income);
- legal persons (companies, organisations, etc.) or their authorised representatives.
1.7. The essence of the Treaty. By this sale and purchase agreement, the Seller undertakes to transfer the goods to the Buyer under the ownership of the Seller and the Buyer undertakes to accept them and to pay the agreed price.
2. PROTECTION OF PERSONAL DATA
2.1. General provisions. The Seller respects the privacy of the Buyers and processes personal data in accordance with the relevant European Union (GDPR), the legislation of the Republic of Lithuania and other normative documents.
2.2. Data Submission. In order to place an order on https://www.nougawear.com, the Buyer must provide the minimum required data (name, address, contact telephone number, e-mail address). The Buyer may register with an account or make a purchase without registration.
2.3. Management objectives. By accepting the Terms and Conditions, the Buyer agrees to the use of the personal data provided by him/her for the purpose of order fulfilment, payment administration, contract formation, invoicing, direct marketing (if he/she agrees) and other business analysis purposes.
2.4. Information notices. The Buyer may agree to receive newsletters, promotional material or other offers. He may also withdraw this consent at any time by notifying the Seller by email to info@nougawear.com or by clicking on the unsubscribe link at the bottom of the email.
2.5. Security and confidentiality. The Seller will not disclose the Buyer’s personal data to third parties, except to partners who assist in the execution of the order (e.g. couriers, payment service providers) or where required by applicable law.
2.6. Buyer’s rights. The Buyer shall have the right to access his/her personal data, to have them corrected, updated, restricted or deleted, and shall have other rights provided for in the GDPR and the laws of the Republic of Lithuania.
2.7. Cookies. The Seller uses cookies to ensure a better browsing experience. The Buyer may disable cookies in his/her browser, but in this case some of the functions of the website may not work or may not work properly.
3. BUYER’S RIGHTS AND OBLIGATIONS
3.1. Right to buy. The Buyer shall have the right to purchase goods in the Shop in accordance with these Terms and Conditions, to order additional services or to take advantage of other offers of the Seller.
3.2. Right of withdrawal. Natural persons purchasing goods for non-business/non-commercial purposes (consumers) have the right to notify the Seller in writing within 14 calendar days of receipt of the goods that they are withdrawing from the contract of sale, unless otherwise provided by law.
3.3. Preserving condition. In order to return the goods in accordance with clause 3.2, the Buyer must ensure that the goods are not damaged, substantially unchanged in appearance, or used in a manner other than that necessary for inspection.
3.4. Payment and data accuracy. The Buyer undertakes to pay on time for the goods requested and to provide accurate contact and delivery details. In the event of changes (address, telephone, etc.), the Buyer must update them as soon as possible.
3.5. Security. The Buyer must keep his/her login details (if he/she has created an account) secure and prevent any unauthorised use of them. If the password is lost or suspected to have been compromised by a third party, the Seller must be informed immediately by email to info@nougawear.com.
3.6. Responsibilities. The Buyer is responsible for his/her actions and the accuracy of the data provided. If the Buyer provides inaccurate data, the Seller shall not be liable for any errors in the execution of the order or for any losses incurred.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. Availability of services. The Seller undertakes to make the Shop available for use and to endeavour to keep the Shop open 24/7, except in the event of maintenance work or unforeseen disruptions.
4.2. Measures against infringements. The Seller has the right to restrict or suspend the Buyer’s use of the Shop if the Buyer violates the Rules, or if the Buyer interferes with the security of the Site or the stability of its operation.
4.3. Privacy. The Seller respects the Buyer’s personal information and undertakes to use it only to the extent permitted by the Terms and Conditions and the Privacy Policy.
4.4. Delivery. The Seller undertakes to deliver the ordered goods in the manner chosen by the Buyer, in accordance with the delivery information provided in the Terms and Conditions and on the website.
4.5. Promotions and offers. The Seller may offer special promotions or discounts. The Seller has the right to modify, extend or terminate them without prior notice by publishing information on its website.
5. ORDERING, PRICES AND PAYMENT
5.1. Placing an order. The Buyer selects the goods in the Shop, specifies the methods of delivery and payment and confirms the order. The order shall be deemed to have been received when the Buyer clicks on the “Confirm Order” button and the Seller confirms that the order has been accepted.
5.2. Prices. All prices for the goods are quoted in euros (EUR) including VAT (if applicable). The price quoted does not include delivery costs, unless otherwise indicated for specific products or offers.
5.3. Payment methods. The buyer can pay:
- e-banking through payment intermediaries;
- Simple bank transfer to the Seller’s account (detailed details are provided at the time of ordering);
5.4. Payment term. The Buyer undertakes to make payment immediately upon confirmation of the order, unless otherwise specified (e.g. payment upon delivery). Upon receipt of payment, the Seller shall proceed with the execution of the order.
5.5. Invoicing. The Seller shall issue an electronic invoice (or VAT invoice) and provide it to the Buyer by email. If the Buyer prefers a paper invoice, it may be received with the delivery of the goods.
6. DELIVERY AND COLLECTION
6.1. Delivery methods. The buyer can choose to have the goods delivered by LP Express courier or by post office.
6.2. Term. The seller will arrange the goods within 1-3 working days, but in exceptional cases (force majeure, out of stock, etc.) delivery may take longer. The Seller informs the Buyer of this by e-mail. The delivery time varies abroad, for more precise information please contact info@nougawear.com
6.3. Receipt of goods. The buyer or his authorised person must accept the goods himself. When the goods are delivered to the address indicated by the Buyer, they shall be deemed to have been handed over to the Buyer, even if they have been accepted by another person at that address.
6.4. Shipment damage. If the Buyer notices that the parcel has been damaged, the Buyer must request that the courier draw up a damage report and contact the Seller immediately at info@nougawear.com.
6.5. Additional fees. Additional delivery charges may apply for some regions (e.g. Curonian Spit), which will be notified to the Buyer on the order form or separately.
7. PRODUCT QUALITY, GUARANTEES AND SERVICE
7.1. Conformity of goods. The goods in the shop meet the legal requirements. Please refer to the product description for detailed product specifications.
7.2. Visual differences. The Seller shall endeavour to provide accurate information, but the colour/image differences visible on the Buyer’s screen may slightly differ from the actual characteristics of the product, which shall not be considered a defect.
7.3. Warranty. Goods are subject to the minimum legal protection of consumer rights.
8. RETURN AND EXCHANGE OF GOODS
8.1. Refund conditions. The buyer, who is a consumer under the law of the Republic of Lithuania, has the right to return or exchange the goods within 14 days in accordance with the procedure established by the legislation of the Republic of Lithuania.
8.2. Condition on return. Returned goods must be unused, undamaged, labelled and in their original packaging.
8.3. Low-quality, faulty goods. If the goods are not of the same quality or are not delivered as ordered by the Buyer, the Seller will replace them or refund the money paid for them at the Seller’s expense. In this case, the Seller shall pay the costs of collection/shipment of the goods.
8.4. Repayment term. The money shall be refunded to the Buyer within 14 days of the return of the Goods to the Seller’s warehouse, by the same method of payment, unless the parties agree otherwise.
8.5. Costs. In the case of returns of quality goods (where the goods are returned in accordance with the terms of clause 8.2), the shipping costs shall be borne by the Buyer, except in the case of returns of low quality goods.
7.4. For more details on the refund rules, see here.
9. LIABILITY OF THE PARTIES
9.1. Buyer’s responsibility. The Buyer is responsible for the correctness of the data provided and for his/her actions when using the Shop.
9.2. Seller’s liability. The Seller shall not be liable for any damage caused by the Buyer’s failure to comply with these Terms and Conditions, or by the Buyer’s provision of incorrect data or failure to read the Terms and Conditions. The Seller is also not responsible for the content and activities of other third party websites linked to the Online Shop.
9.3. An irresistible force. The Seller shall not indemnify the Buyer against any loss suffered by the Buyer as a result of force majeure circumstances beyond the Seller’s control and control.
9.4. Damages. In the event of fault or other breaches by the parties, damages shall be awarded in accordance with the laws of the Republic of Lithuania.
10. MARKETING AND INFORMATION
10.1. Shares. The Seller may announce promotions, sales and other special offers. It has the right to change the terms and conditions of promotions or terminate them without prior notice. All changes shall be published on the website.
10.2. Notifications. Seller shall communicate with Buyer by email at info@nougawear.com or other means specified by Buyer. The Buyer may submit its questions or complaints using the contact details provided on https://www.nougawear.com.
10.3. Direct marketing. If the Buyer has consented to receive direct marketing offers, the Seller may send him newsletters or other promotional communications. The Buyer may opt-out of these offers at any time by clicking on the “Unsubscribe” link at the bottom of the email or by informing the Seller.
11. FINAL PROVISIONS
11.1. Legislation. These Terms and Conditions are drawn up in accordance with the laws of the Republic of Lithuania and other applicable legal acts. The parties shall endeavour to settle any disputes arising hereunder amicably and by negotiation.
11.2. Disputes. In the event of disagreement, disputes shall be settled by the competent court in accordance with the laws of the Republic of Lithuania. The consumer may also contact the State Consumer Rights Protection Office or use the electronic dispute resolution platform http://ec.europa.eu/odr.
11.3 Validity of the document. These Terms and Conditions shall enter into force upon their posting on the https://www.nougawear.com website and shall remain in full force and effect for so long as the parties comply with their obligations hereunder or until the Terms and Conditions are amended.
11.4. Force majeure. The Seller has the right to suspend or terminate the operation of the Online Shop in the event of force majeure or other serious reasons, by informing the Buyer in advance, if possible.
11.5. Other provisions. If any provision of these Rules is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.