TERMS & CONDITIONS
AGREEMENT ON THE PURCHASE OF PRODUCTS IN THE E-SHOP
- Terms used in the agreement:
1.1. Seller: Celemi Cosmetics LLC - US based company registered in the state of Florida.
1.2. A Buyer is a natural person who, in accordance with the applicable legal acts, is able to enter into transactions and purchase products for personal consumption (not for business purposes); or a legal person in the USA purchasing products as an end user (intending to use the products for representative or other purposes not related to the resale of products or their use for business, production, or the provision of services); or duly authorized representatives of all the above persons.
1.3. The Buyer and the Seller are collectively referred to as the "Parties" and each individually as the "Party".
1.4. Celemicosmetics.com – e-shop (hereinafter, "e-shop"), web address www.celemicosmetics.com.
1.5. Personal data shall mean any information relating to a natural person who is a data subject and whose identity is known or can be established, directly or indirectly, by means of data such as a personal identification number, or one or more characteristics of a natural person that are physical, physiological, psychological, economic, cultural, or social in nature.
1.6. This is a purchase and sale agreement for the purchase of products using electronic means of communication in the online store Celemicosmetics.com.
1.7. Shopping cart: celemicosmetics.com account created by the Buyer according to the Buyer's personal data and a place where the order and its history are stored.
1.8. Product: everything that is sold in the online store celemicosmetics.com For the purposes of this Agreement, the use of the term "Product" in the singular shall also mean the plural, depending on the subject matter of the Agreement.
1.9. Privacy Policy: a document approved by the Seller, that provides the basic rules for collecting, accumulating, processing, and storing Personal Data, using Celemicosmetics.com. The Privacy Policy is an integral part of the Agreement.
- Subject-matter of the Agreement
2.1. Under this Agreement, the Seller undertakes to sell the Product in the shopping cart to the Buyer by the right of ownership, and the Buyer undertakes to accept and pay the amount indicated next to the Product.
2.2. This Agreement is a binding legal document for the Parties, and establishes the rights, duties, and responsibilities of the Parties when the Buyer purchases products in the e-shop Celemicosmetics.com, and the Seller accepts and executes an order placed by the Buyer in the e-shop Celemicosmetics.com.
- Conclusion of the Agreement
3.1. The Agreement between the Parties shall be deemed concluded from the moment when the Buyer, having selected the Product to be purchased and added it to the shopping cart, clicks on the link "Order/Pay" and the price of the Product is credited to the Seller's bank account.
3.2. The concluded Agreement is stored in the Seller's e-shop, Celemicosmetics.com, in accordance with the provisions of its Privacy Policy and legal acts regulating the protection of personal data.
3.3. The Seller reserves the right to amend, change, or supplement the terms of the Agreement at any time. When the Buyer purchases in the e-shop celemicosmetics.com, the terms of the Agreement valid at the time of placing the order shall apply, therefore, the Buyer assumes full responsibility for each use of the e-shop celemicosmetics.com and transactions for the purchase of the products specified in the e-shop celemicosmetics.com, to get acquainted and to follow the terms of the Agreement and possible amendments as determined by the Seller each time.
- Rights and obligations of the Buyer
4.1. The Buyer has the right:
4.1.1. to purchase Products in the e-shop Celemicosmetics.com in accordance with the terms and procedures of this Agreement.
4.1.2. The Buyer can purchase Products by registering at the e-shop celemicosmetics.com or by purchasing the products without registering. The terms and conditions of this Agreement apply to registered and unregistered Buyers without exception, so the Buyer must familiarize himself with them and comply with them.
4.1.3. A registered Buyer can purchase the Products offered in the Celemicosmetics.com e-shop only if, after entering the required personal data in the registration form, he creates a personal account (profile). On the basis of this account, after connecting to the Celemicosmetics.com e-shop, the Buyer will have the opportunity to place an order of interest and purchase the desired Products.
4.1.4. The Buyer is responsible for the correctness, accuracy, and completeness of the data provided in the registration form. If the data provided in the Buyer's registration form changes, the Buyer must immediately update it. If the registration data is not updated, the Buyer shall be liable for improper fulfillment of his obligations.
4.1.5. An unregistered user purchases the Product by providing personal data necessary for the conclusion of the Agreement, but without creating a personal account (profile).
4.2. The Buyer shall have the right to cancel the submitted order until he receives notification from the Seller of the shipment of the products to the address specified by the Buyer. Clause 8.4 of the Agreement applies to the Buyer in order to cancel the Agreement after the Products have been shipped.
4.3. The Buyer undertakes:
4.3.1. to accept the delivered Product if it meets the quality requirements of this Agreement and other requirements applicable to the Product.
4.3.2. at the time of acceptance to inspect the delivered product. The Buyer, having noticed any packaging damage at the time of delivery, must indicate his comments or draw up a separate document regarding these damages in the delivery document when accepting the product. The Buyer must do this in the presence of a courier or postal employee. If such actions are not taken, the Seller is released from responsibility towards the Buyer for the quality of the products, which is related to packaging damage, which the Buyer did not note in the delivery document of the courier.
4.3.3. immediately inform the Seller if the package delivered is damaged, if it contains unordered products, or if the quantity of products received is incorrect.
4.3.4. to pay the agreed price for the ordered products.
4.3.5. If the Buyer refuses to accept the delivered products without good reason, in this case, the money paid by the Buyer will not be returned to the Buyer.
4.3.6. The Buyer confirms that he agrees with the terms of this Agreement and undertakes to comply with them.
4.3.7. To properly fulfill other obligations provided for in the Agreement.
- Rights and obligations of the Seller
5.1. The seller has the right:
5.1.1. to temporarily or completely stop selling products on celemicosmetics.com without notifying the Buyer in advance.
5.1.2. to suspend the Buyer's ability to use the e-shop Celemicosmetics.com or cancel the Buyer's registration without prior notice if the Buyer tries to harm the operation of the e-shop Celemicosmetics.com, its stable operation, the Seller or its reputation.
5.1.3. Before an order is placed, to change the characteristics of the products and other relevant information about the nature of the Product sold without any prior notice to the Buyer. Therefore, the Buyer assumes full responsibility, before placing the order, to read the descriptions of the selected products.
5.1.4. The Seller reserves the right to edit, amend, or supplement the terms of the Agreement at any time. When the Buyer purchases in the e-shop Celemicosmetics.com, the terms and conditions of the Agreement valid at the time of placing the order shall apply; therefore, the Buyer assumes full responsibility for each use of the e-shop and transaction for the purchase of the products specified in the e-shop, to get acquainted with and to follow the terms and conditions of the Agreement and possible amendments thereto established by the Seller each time.
5.2. The Seller undertakes:
5.2.1. to provide all conditions for the Buyer to properly use the services provided by the e-shop, however, the Seller shall not be held liable if the e-shop is unavailable for a certain period of time due to reasons dependent on the Seller or beyond its control.
5.2.2. to deliver the products ordered by the Buyer in the way chosen by the Buyer within the specified period in the territory of the Republic of Lithuania, taking into account the provisions of Chapter 7 of this Agreement governing the delivery of products.
5.2.3. to provide the Buyer with quality and correct information about the products.
- Order of products, prices, payment procedure, terms
6.1. In the e-shop Celemicosmetics.com, the Buyer may make purchases 24 hours a day, 7 days a week, subject to Clause 3.1. of this Agreement.
6.2. The prices of the products in the e-shop Celemicosmetics.com and the formed order (shopping cart) are indicated in euros, including VAT.
6.3. All products sold by the Seller are displayed in the product offer. If the Seller does not have a certain product at a certain moment, it is not possible to add that product to the shopping cart at that time (there is no "Buy" button).
6.4. After the order has been placed and paid for, an order confirmation is sent to the Buyer's email address.
6.5. You can pay for products using all methods available through the Shopify payment platform.
6.6. The Seller undertakes to send the products within 1-3 working days from the receipt of payment for the products or from the receipt of the Seller's confirmation that the Buyer has received a notification that the Buyer wishes to pay for the products in cash, taking into account Clause
6.7 of the Agreement. If, for some reason, the Seller cannot ship the products within the specified time period, he must inform the Buyer about this and coordinate with the Buyer the expected delivery date. If the Buyer is not satisfied with the delivery term offered by the Seller, the Seller must immediately return the money paid to the Buyer.
- Delivery, transfer, and transfer of ownership of products
7.1. Products may be delivered by post or commercial courier.
7.2. If postal services are chosen as the method of delivery of the Product, the Products are delivered throughout the territory of USA. The products are sent by registered, non-priority mail. Shipping by post may take 1–5 working days from the time the Products are delivered to the post office.
7.3. The products are delivered by courier throughout the territory of USA in all 50 states. The products are delivered by courier to the address specified at the time of purchase within 4-7 working days after their shipment.
7.4. The product shall be delivered and handed over to the Buyer by the delivery method and address specified by the Buyer. The Buyer undertakes to accept the products himself. In the event that the Buyer cannot accept the products himself and the Products are delivered to the specified address based on other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the Products to the wrong entity. If the delivery address is incorrectly indicated, the costs incurred for the return and re-shipment of the products shall be borne by the Buyer.
7.5. In all cases, the Seller shall be released from liability for violation of the delivery time of the products if the products are not delivered to the Buyer or are delivered late due to the fault of the Buyer or third parties or due to circumstances beyond the Seller's control.
7.8. Ownership of the Product shall pass to the Buyer from the moment of transfer-acceptance of the Product.
7.9. The risk of accidental loss or damage to the Product passes to the Buyer from the moment of transfer of ownership of the Product.
7.10. If the delivery of the Product takes longer than ten days from the ordering of the Product, in this case the Buyer has the right to cancel the Agreement, and the Seller has the obligation to return the money received for the Product to the Buyer.
- Product quality, return, and exchange
8.1. Only high-quality, original and correctly labeled products are sold in the e-shop.
8.2. The data and characteristics of each product sold in the e-shop are indicated in the product description next to the product.
8.3. The Seller is responsible for ensuring that all products sold in the e-shop comply with the legal requirements
8.4. The Buyer has the right to cancel the Agreement within 14 days from the day of delivery of the Products, if the packaging of the Products has not been damaged, the Products have not been opened or tested. The Buyer may withdraw from the Agreement by submitting a completed withdrawal form, which is available on the www.celemicosmetics.com website, and sending it by email or notifying about the withdrawal of the Agreement to the Seller by email or by post. In all cases, the withdrawal from the Agreement must be in writing.
8.5. The Buyer can cancel the order only until he receives confirmation from the Seller about the shipment of the products. Clause 8.4 of the Agreement applies to the Buyer in order to cancel the Agreement after the Products have been shipped.
8.6. The seller is not responsible for defects in the Products, damage to the Products or loss of the Products caused by the actions or inaction of third parties. The Seller's liability limits also do not include defects in the products caused by improper use of the products.
8.7. The Product shall be deemed to be of satisfactory quality if it conforms to the characteristics of the product presented in the e-shop, if the packaging of the Product is not damaged, and if the appearance of the Product has not changed.
8.8. If the Buyer has received a Product of inadequate quality, he shall have the right to demand that the Product be replaced with one of the same appropriate quality or to return the price paid and withdraw from the Agreement and recover the money paid.
8.9. Upon receipt of the Product of inadequate quality, the Buyer must notify the Seller thereof within 14 days by email at sales@celemicosmetics.com. In the notification, the Buyer must indicate the name of the Product, the number of the online order, his/her name, surname, and the observed shortage of the Products The buyer is responsible for providing accurate information in the notification.
8.10. After receiving a written notification, the Seller undertakes to contact the Buyer within 3 working days.
8.11. If the Buyer chooses to return the Product and recover the money paid due to the fact that the Product is of poor quality, the Seller will return the money to the account from which the payment was made within 3 (three) days from the receipt of the notification and assessment of the situation. If the costs of returning the Product are incurred, the Seller will reimburse them upon submission of a copy of the document proving the costs.
8.12. If the Buyer chooses to replace the Product of inappropriate quality with the Product of the same appropriate quality, the Seller must deliver the Product at its own expense.
8.13. The seller is not responsible for the fact that when buying electronic devices, the Products may not correspond to the actual size, shape, and color of the Products due to the characteristics of the monitor used by the Buyer.
8.14. The Seller shall not be liable for the losses or other negative consequences of the Buyer if the Product has not been used for its intended purpose or if the instructions for the use of the Products have not been followed. The Seller shall also not be liable for the negative side effects of the Product if such effects have been indicated in the instructions for use of the Product.
- Liability of the parties
9.1. The Parties undertake to properly fulfill their obligations under this Agreement and to refrain from any actions that might cause damage to each other.
9.2. The Buyer is responsible for his actions performed using the e-shop celemicosmetics.com.
9.3. The Buyer is fully responsible for the accuracy of the personal data provided by the Buyer. If the Buyer does not provide accurate personal data at the time of purchase, the Seller shall not be liable for the consequences resulting therefrom and shall acquire the right to claim compensation for direct losses incurred by the Buyer.
9.4. The Buyer's login data is the Buyer's private information, for the preservation and security of which the Buyer is responsible, therefore, the Buyer undertakes to keep them secret and not to disclose them to third parties. In view of this, if the services provided by the e-shop Celemicosmetics.com are used by a third party who has logged in to the e-shop using the Buyer's login data, the Seller considers this person to be the Buyer.
9.5. The Seller shall be released from any liability in cases where losses arise due to the fact that the Buyer, without taking into account the Seller's recommendations and the Buyer's obligations, did not familiarize himself with the provisions of the e-shop purchase and sale Agreement, although he was given such an opportunity.
9.6. If the Seller's e-shop contains links to the websites of other companies, institutions, organizations, or persons, the Seller is not responsible for the information or activities therein, does not maintain, control, or represent those companies and persons.
9.7. The Seller uses third party delivery services. Third parties providing product delivery services are guided by their own rules and conditions, therefore, the Seller does not regulate the content displayed or the services provided by these service providers and is not responsible for the actions or in-actions of these service providers or the occurrence of the related consequences when third parties execute the order for commissioned services.
9.8. The activity of the Seller does not include any financial, payment, or related monetary transactions, therefore, every time the Buyer makes a payment to the Seller for the purchased products, the Buyer uses the services of third parties. The seller is not responsible for any actions or omissions of third parties, and the possible consequences arising from them.
9.9. Any damage or loss arising from or related to the provision of services by third parties, including but not limited to delivery services, is not a basis for the Seller's liability. In view of this, the Buyer has the obligation to familiarize himself with the rules, conditions, and other necessary information for the provision and performance of services regulated by third parties, and assumes the responsibility to follow them properly and according to the instructions.
9.10. Claims, complaints, demands, accusations, observations, questions or inquiries regarding the provision of services provided by third parties, performance or any other actions or in-actions are not accepted, examined, answered by the Seller and do not fall within the limits of the Seller's responsibility, therefore must be directly addressed and submitted third parties providing specific services.
9.11. In the event of damage, the guilty Party shall indemnify the other Party for direct damages.
- Protection of personal data
10.1. The controller of personal data is the Seller Celemi Cosmetics LLC, US based company registered in the state of Florida.
10.2. The controller of personal data shall comply with the legal acts governing data protection in the Republic of Lithuania and shall be registered in the state register of controllers of personal data.
10.3. The data controller processes the Buyer's personal data for the purposes of concluding and executing an e-commerce agreement and conducting direct marketing.
10.4. By concluding the purchase agreement, the Buyer agrees that the personal data provided by him shall be processed for the purpose of proper performance of the purchase agreement.
10.5. By agreeing to receive newsletters, the Buyer agrees that his personal data will be processed for direct marketing purposes.
10.6. The Buyer may unsubscribe from the newsletter at any time by clicking on the link we receive in the newsletter or by sending an email to sales@celemicosmetics.com with the message "stop sending the newsletter".
10.7. No personal data of the Buyer shall be transferred to third parties, except for:
10.7.1. The Buyer's personal data is transferred to companies providing Products delivery services if the Buyer has placed an order with the Seller and the Products must be delivered to the Buyer.
10.7.2. Accounting documents (invoices) with personal data are transferred to the accounting company.
10.7.3. The email addresses are transferred to the companies providing newsletter delivery services if the Buyer wishes to receive the Seller's newsletters.
10.7.4. In other cases, where required by law.
10.8. The personal data of the Buyers who have registered with the e-shop website celemicosmetics.com is stored for 2 (two) years from the last use of the e-shop account.
10.9. Personal data of Buyers who have not registered on the Store's website, but who have expressed their will to receive direct marketing messages, are stored for 1 year from the date of the Buyer's refusal (cancellation of direct marketing subscription) to receive direct marketing messages.
10.10. The Buyer shall have the right to get acquainted with the information related to the processing of the Buyer's personal data, the right to demand the correction of this data, the right to demand the termination of the processing of personal data, and the right to demand that the buyer be "forgotten." The Buyer must send a free form request to the Seller by email at info@celemicosmetics.lt.
10.11. Actions implementing the Buyer's rights will be carried out no later than within 30 (thirty) calendar days from the date of application. If the Buyer's data processing actions are not in conflict with the legal acts regulating the activities of the Seller, the Buyer who wants to get acquainted with his personal data may be provided without compensation no more than once per calendar year.
10.12. When registering in the e-shop, the Buyer undertakes to store and not disclose the login data to anyone.
10.13. The Seller does not collect or process any data related to payments. All payment transactions and related data are processed by Shopify
10.14. The Seller uses cookies in the e-shop—short text files that, with the Buyer's consent, we place on the Buyer's terminal device in order to store your electronic shopping cart formed on the website and for the purpose of authentication of the Buyer. The Buyer's private information stored on the Buyer's terminal device is known only to the Buyer and the Seller does not have access to the Buyer's private information by placing cookies on the Buyer's terminal device in any possible way.
10.15. To prevent unauthorized access or misappropriation of personal data and to protect the collected information about the Buyer, the Seller has implemented appropriate physical, electronic, and management measures.
10.16. The company uses the SSL protocol to ensure the security of the data during its transmission.
10.17. The Seller shall comply with the legal acts of the Republic of Lithuania regulating the protection of personal data.
- Marketing and information
11.1. The Seller may, at its discretion, initiate various promotions in the e-shop.
11.2. The Seller has the right to unilaterally, without a separate notice, change the conditions of the shares as well as to cancel them. Any change or cancellation of the terms and conditions relating to the shares shall be valid only going forward, i.e., from the moment of their execution.
11.3. The Seller shall send all notices to the Buyer by email indicated at the time of purchase.
11.4. The buyer sends all messages and questions to the telephone numbers and email addresses specified in the "Contacts" section of the Seller's e-shop.
11.5. The seller is not responsible if the buyer does not receive informational or confirming messages sent due to disruptions in the internet connection, or email service providers' networks.
- Final provisions
12.1. Any content published in the Celemicosmetics.com e-shop is protected by copyright or other intellectual property rights, and in case of infringement, it is protected accordingly in accordance with the laws of the Republic of Lithuania, therefore the Buyer undertakes not to use intellectual property objects for commercial purposes or for any other purposes.
12.2. This e-shop Agreement has been concluded in accordance with the laws and legal acts of the Republic of Lithuania.
12.3. All disagreements arising in connection with the performance of this Agreement shall be resolved by negotiation.
12.4. The Buyer hereby confirms that he has read the Agreement, understood its content and consequences, and accepted it as meeting its objectives.