Online Store Shopping Rules

1. General Provisions

1.1 These Terms and Conditions for the Purchase of Goods in the Online Store (hereinafter – the Terms) apply to the Consumer when placing an order and purchasing goods from UAB “EX FACTORY JEWELRY”, company code 305228434, VAT payer code LT100012672216, registered address Fabijoniškių g. 5C-1031, Vilnius, the data of which are collected and stored in the Register of Legal Entities of the Republic of Lithuania (hereinafter – the Seller), in the online store – https://www.marrymebyribas.lt (hereinafter – the Online Store). Addresses of the Seller’s physical retail locations:

• “Marry me by Ribas” store, located in the “Akropolis” shopping centre, at Ozo g. 25, Vilnius;
• “Marry me by Ribas” store, located in the “Akropolis” shopping centre, at Aido g. 8, Šiauliai;
• “Marry me by Ribas” Jewellery House, located at Gedimino pr. 12, Vilnius;
• “Marry me by Ribas” Showroom, located at Gaono g. 5, Vilnius;
• “Marry me by Ribas” store, located at Vilnius Airport, at Rodūnios kl., Vilnius.

1.2 By placing an order in the Online Store, the Consumer confirms that they have read and agree to these Terms and the Privacy Policy and, pursuant to Clause 2.1 of the Terms, have the right to purchase goods in the Online Store. If the Consumer does not fully or partially agree with the Terms or the Privacy Policy, they must not place an order in the Online Store.

1.3 For the performance of the Agreement, the Seller has the right to engage third parties.

2. Ordering of Goods – Conclusion of the Sale and Purchase Agreement

2.1 All legal entities and natural persons who have reached the age of majority, as well as minors between the ages of 14 and 18 who have the consent of their parents or guardians, may purchase goods in the Online Store, except where they independently dispose of their income (in which case such consent is not required). By confirming their agreement to the Terms, the Consumer confirms and guarantees that they meet these requirements.

2.2 Upon visiting the Online Store, the Consumer selects the goods they like. A shopping cart is formed based on their selection.

2.3 Before confirming the shopping cart, the Consumer must ensure that it contains only the goods they wish to purchase and that the information provided is correct. When ordering goods, the Consumer must provide the personal data necessary for concluding the sale and purchase agreement for the goods (hereinafter – the Agreement or the Sale and Purchase Agreement) and for delivery of the goods: first and last name or name of the legal entity; date of birth (where requested) or legal entity code and VAT payer code (if applicable); residential address (where requested) or registered office of the legal entity; address to which the goods will be delivered; telephone number and email address; and other information requested in the order form that may be relevant for concluding the Agreement and delivering the ordered goods. The Seller confirms that such data will be used exclusively for the purposes of performing the Agreement and delivering the goods. The Seller undertakes not to disclose such information to third parties, except for third parties engaged by the Seller to provide services related to the fulfilment of the Consumer’s order.

If goods are ordered for delivery to a country outside the European Union, the Consumer undertakes to provide the necessary personal data and documents or copies thereof to the carrier delivering the goods and/or customs broker for the purpose of carrying out customs procedures so that the goods can be cleared and delivered to the Consumer, and shall be responsible for the accuracy thereof; such third parties process personal data in accordance with their established procedures; all additional costs shall be borne by the Consumer; the Consumer is informed that if the specified data and/or documents are not provided within the prescribed period, storage or demurrage charges may be incurred, which the Consumer must pay when collecting the order. If the Consumer fails to provide the personal data and/or documents necessary for customs procedures or fails to pay applicable additional charges, as a result of which the goods cannot be delivered to the Consumer, the Sale and Purchase Agreement concluded with the Consumer shall be automatically terminated, and the Consumer must compensate the Seller for all losses incurred as a result, including, but not limited to, the costs of shipping and returning the goods, customs procedure costs, warehouse operation management costs related to returned goods, etc. These costs shall be unilaterally deducted, without separate notice, from the amount paid for the goods to be refunded by the Seller to the Consumer, and the remaining amount shall be refunded to the Consumer.

2.4 The Agreement between the Consumer and the Seller shall be deemed concluded from the moment when the Seller sends the Consumer, to the email address specified in the registration form or through the goods order account, a confirmation that the order has been confirmed and the Consumer makes the payment or the specified advance payment, if such option is provided when ordering a particular product. Payment shall be deemed completed from the moment the funds are actually credited to the Seller’s bank account, and only from that moment does the Seller’s obligation to perform the Agreement arise.

2.5 Each Agreement concluded between the Consumer and the Seller shall be stored in the Online Store in accordance with the requirements of the applicable legislation of the Republic of Lithuania regarding the storage period of such data.

2.6 The Sale and Purchase Agreement shall be deemed not to have been concluded if the Consumer fails to provide all required personal, contact, delivery or ordered product data or parameters, makes incomplete or partial payment, or if, for other objective reasons specified in these Terms, the Sale and Purchase Agreement cannot be concluded and/or properly performed.

2.7 The Consumer shall be fully responsible for the accuracy of the data provided by them in the registration form and/or order form.

2.8 The Consumer must and undertakes to protect their Online Store login details and not disclose them to third parties. All actions performed using the Consumer’s login details shall be deemed to have been performed by the Consumer, and the Consumer shall assume full responsibility for actions performed using their login details.

3. Price of Goods and Payment

3.1 The final price of the goods, including VAT, is indicated in the Online Store. The price of the goods does not include the delivery fee, which shall be paid by the Consumer and is indicated after the order has been formed and the delivery location has been specified. In cases provided for by the Seller, goods may be delivered free of charge. If customs duties or other charges apply when delivering goods abroad, they shall be paid by the Consumer.

3.2 The exact price of the goods, delivery fee and estimated delivery period are indicated in the order confirmed by the Seller.

3.3 The Consumer shall pay for the ordered goods through the PaySera system. If the Seller provides the option to pay by another method, this shall be indicated in the order confirmation window.

3.4 The Consumer undertakes to pay for the confirmed order (the price of the goods and delivery fee) within 2 (two) calendar days from the date of order confirmation, except in the case of a pre-order of goods, when the Seller provides the option to order the goods by paying only an advance payment of the specified amount.

3.5. Where the product order window specifies that the product may be ordered as a pre-order (i.e. where the Seller starts manufacturing the product only after receiving and confirming the Consumer’s pre-order), and the Consumer submits a pre-order for the product to the Seller, the Consumer undertakes to pay for the confirmed pre-order as follows:

3.5.1. pay the advance payment of the amount specified in the product order window within 2 (two) calendar days from the date of order confirmation; and

3.5.2. pay the remaining part of the product price and the delivery fee within 2 (two) calendar days from the date of receipt of the Seller’s notification that the product has been manufactured, but in any event before collecting the product from the Seller’s physical retail location or before the Seller ships the product to the Consumer; or

3.5.3. pay the full product price and delivery fee within 2 (two) calendar days from the date of order confirmation.

3.6. If the Consumer fails to fully pay for the order within 2 (two) calendar days (or fails to fully pay the specified advance payment in the case of a pre-order, where the option to make only the specified advance payment is provided in the product order window and the Consumer selects this option), it shall be deemed that the Consumer has withdrawn from the order (Agreement), and the order shall be cancelled without sending the Consumer a separate notice.

4. Delivery of Goods

4.1 Except in cases of pre-ordering Goods, the Goods shall be shipped to the address specified by the Consumer within 2–3 (two–three) business days after full payment for the Goods and shipping costs has been received in the Seller’s account.

In the case of a pre-order of Goods (i.e. where the Seller starts manufacturing the Goods only after receiving and confirming the Consumer’s pre-order), the Goods shall be manufactured within 6 weeks from the date on which the advance payment for the Goods specified in Clause 3.5.1 of the Terms is received in the Seller’s account or, if the Consumer has chosen to pay the full price of the Goods at once, within 6 weeks after full payment for the Goods and shipping costs has been received in the Seller’s account. The Goods shall be shipped to the address specified by the Consumer or the Consumer shall be notified of the possibility of collecting the Goods from the Seller’s physical retail location, if the Consumer has selected this option, only after the Seller has received full payment for the order (only after full payment for the Goods and shipping costs).

4.2 Normally, the shipment reaches the Consumer within 1–2 (one–two) business days in Lithuania and within 2–7 (two–seven) business days in other European Union countries from the date of shipment. When shipping to countries outside the European Union, the delivery period may be longer. The Seller shall not assume responsibility or be liable for the delivery period performed by third parties. The delivery period may be changed in cases where the required goods are not available in the Seller’s warehouse, and the Consumer shall be informed about the shortage of the ordered goods. The Consumer also agrees that, in exceptional cases, delivery of the goods may be delayed due to unforeseen circumstances; in such cases, the Seller undertakes to contact the Consumer immediately and coordinate the delivery of the goods.

4.3 The Seller shall in all cases be released from liability for a breach of the delivery period if the goods were not delivered to the Consumer on time due to the fault of the Consumer or due to circumstances beyond the Seller’s control, including, but not limited to, the actions or omissions of third parties responsible for delivery of the shipment.

4.4 The Consumer undertakes to accept the goods personally or ensure that the goods are accepted by the person specified by the Consumer when placing the order. If the Consumer or the person specified in the order cannot accept the goods personally, and the goods are delivered to the specified address and accepted by another person, the Consumer shall have no right to make claims against the Seller regarding delivery of the goods to an unauthorised person. Upon delivery of the goods to the address specified by the Consumer, the goods shall be deemed to have been transferred to the Consumer regardless of whether the goods are actually accepted by the Consumer or any other person who accepts the goods at the specified address. The Seller shall not be responsible for and shall not verify whether the goods are collected by the person specified in the order.

4.5 If the Consumer specifies an incorrect or incomplete delivery address or fails to collect the goods from the person providing the shipping service within the maximum storage period of the shipment, the Consumer must pay the Seller’s additional costs for returning the shipment and re-shipping the goods to the corrected address specified by the Consumer. If, due to the Consumer’s fault, the goods cannot be delivered, the goods shall be returned to the Seller, and the Consumer shall have no right to make claims regarding non-delivery of the goods. In such case, the Sale and Purchase Agreement concluded with the Consumer shall be automatically terminated, and the Consumer must compensate the Seller for all resulting losses, including, but not limited to, the costs of shipping and returning the goods, customs procedure costs (if applicable), warehouse operation management costs related to returned goods (if applicable), etc. These costs shall be unilaterally deducted, without separate notice, from the amount paid for the goods to be refunded by the Seller to the Consumer, and the remaining amount shall be refunded to the Consumer.

4.6 Upon delivery of the goods, the Consumer (the Consumer’s representative) undertakes and must immediately inspect the condition of the shipment packaging, the quantity and quality of the goods (visible defects) and the assortment.

4.7. If damage to the packaging of the shipment is identified (the shipment is delivered in damaged, crushed, wet or otherwise damaged packaging), the Consumer (the Consumer’s representative) must record this in writing in the shipment acceptance document in the presence of the person delivering the shipment or refuse to accept the shipment, stating the reasons for refusal in writing. If such actions are not taken, the Seller shall be released from liability to the Consumer for damage to the goods if such damage was or could have been caused by damage to the packaging which the Consumer did not record in the shipment delivery confirmation. The Consumer must immediately inform the Seller of any identified damage to the shipment packaging and provide photographs of the damaged shipment and/or goods.

4.8. After accepting the goods, the Consumer must immediately inspect them and, upon identifying discrepancies in the quantity and/or quality and/or assortment of the goods, immediately notify the Seller. If this is identified when accepting the goods from the courier, the Consumer must refuse to accept the goods and request that they be returned to the Seller. If a discrepancy or defect in the goods is identified which was not caused by the actions of the Consumer, the Seller undertakes to remove the defect in the goods free of charge (repair the goods), replace the defective or incorrectly delivered goods with goods of suitable quality or, upon the Consumer returning the defective goods and refusing them, refund the amount paid by the Consumer.

4.9 If, due to important reasons or technical disruptions, the Seller is unable to deliver the goods ordered by the Consumer, the Seller undertakes to offer the Consumer an analogous product, and if the Consumer refuses to accept the analogous product, to refund the money paid by the Consumer within 14 days from the date of refusal. In such case, the Seller shall be released from liability for failure to provide the goods.

5. Warranty for Goods

5.1 Information about the goods sold in the Online Store is provided in the product description accompanying each product.

5.2 The colour, shape or other parameters of the goods displayed in the Online Store may differ from the actual size, shapes and colours of the goods due to the characteristics of the display used by the Consumer. This shall not be considered a defect in the goods or a discrepancy with the product description.

5.3 The quantities of goods shown in photographs in the Online Store are not always related to the price of the goods – more than one unit of the goods may be shown in the photograph. The units of measurement are indicated in the product description.

5.4 The Seller guarantees the quality of the Goods (statutory quality guarantee for manufacturing defects, valid for a period of 2 years). The Seller may provide a longer quality warranty period for individual Goods, the specific duration and other conditions of which are indicated in the description of such Goods. A 1-year warranty period applies to string bracelets, during which the bracelet string may be replaced free of charge once. After this period, a fee of EUR 10 shall apply for replacement of the string.

5.5 The Consumer is informed that jewellery may become scratched due to contact with each other or with other surfaces. It is recommended to store jewellery separately from one another, avoid contact with sharp surfaces, and protect jewellery from impacts and other possible mechanical damage. Jewellery must also be protected from contact with chemicals, sudden temperature changes, heat, salt water and chlorinated water. Jewellery, especially when not worn or stored in a humid environment, may change colour or oxidise. Such changes shall not be considered non-compliance with quality requirements. In order not to damage the surface, jewellery must be cleaned using special materials and cleaning products.

5.6 Goods purchased at a discount shall be exchanged based on the price of the product for which the exchange is made at the time of the exchange:

If the product for which the exchange is made is discounted at the time of the exchange, the discount shall apply.

If there is no discount at the time of the exchange, no discount shall apply to the price of the product being exchanged.

5.7 The size of a ring may be changed if permitted by the design of the ring (e.g. the ring does not have side stones or other design elements that would prevent resizing). The Seller shall inform the Consumer whether the ring size can be changed. If resizing is not possible, the standard product return rules shall apply.

6. Right to Withdraw from the Sale and Purchase Agreement (Applicable Only to Consumers)

6.1 Pursuant to Clause 17.12 of the Retail Trade Rules approved by Resolution No. 697 of the Government of the Republic of Lithuania dated 11 June 2011 (version dated 29 July 2014), high-quality pearls, precious stones, precious metals and articles thereof purchased at physical retail locations, except artificial costume jewellery (codes under the Combined Nomenclature – 7101–7116, 7118), are non-exchangeable and non-returnable.

6.2 The Consumer has the right to withdraw from a Sale and Purchase Agreement concluded in the Online Store with the Seller by notifying the Seller in writing and sending (returning) the goods to be returned to the Seller within 14 calendar days from the date of receipt of the goods. The Consumer must submit a notice (completed return form) to the Seller by email at [email protected] or send it together with the returned goods by registered mail or courier, or deliver it personally to one of the addresses specified below. The Consumer must return the goods (deliver them personally or send them via courier service or registered mail with delivery confirmation) to: recipient – UAB “EX FACTORY JEWELRY”, “Marry me by Ribas” store, address – Ozo g. 25, LT-07150 Vilnius, or Aido g. 8, Šiauliai. The notice must clearly state that the Consumer withdraws from the Sale and Purchase Agreement, returns the goods and requests a refund, specify the Consumer’s bank account to which the Consumer wishes to receive the refund, and include a document confirming the purchase of the goods from the Seller.

Download the return form

6.3 The Consumer may exercise the right to return the goods provided for in Clause 6.2 only if the aforementioned 14-day return period has not expired and the conditions set out in Clause 6.4 are met. Until the returned goods are delivered to the Seller, the risk of loss or damage to the goods shall remain with the Consumer. The Consumer shall bear the shipping costs of returning the goods.

6.4 The goods returned pursuant to Clause 6.2 must be undamaged, show no signs of mechanical damage, retain their original appearance, have all original labels and quality certificates, be in their original packaging, and must not have been used or worn. If the goods or their packaging are damaged or show signs of wear, withdrawal from the Sale and Purchase Agreement cannot be exercised, and the Seller has the right not to accept the returned goods and not to refund the Consumer. In such case, the Consumer has the right to collect the goods from the Seller at their own expense. If the Consumer fails to collect the goods within 1 (one) month, the Seller shall have no obligation to continue storing them.

6.5 If the Consumer withdraws from the Sale and Purchase Agreement pursuant to Clause 6.2, and the goods have been returned within the specified 14-day period and comply with the requirements of Clause 6.4, all money paid for the goods shall be refunded, excluding the costs of delivery of the goods to the Consumer (shipping costs shall not be refunded). Upon receiving the returned goods that meet the applicable requirements, the Seller shall refund the money to the Consumer’s specified bank account no later than within 14 days, and if the returned goods are submitted for inspection to the Lithuanian or Latvian Assay Office, only after the returned goods have been inspected by the Lithuanian or Latvian Assay Office to verify that the goods have been returned in the same condition in which they were sent. Inspection of returned goods by the Lithuanian Assay Office is a right of the Seller, but not an obligation.

6.6 The right of withdrawal under Clause 6.2 shall not apply, and the Consumer may not exercise it, in respect of goods manufactured according to a special order placed by the Consumer, which were not manufactured in advance and which were manufactured taking into account the Consumer’s personal choice or instructions, or in respect of goods that were clearly customised for the Consumer’s personal needs (for example, a change in the size of a jewellery item or similar) or specially ordered for the Consumer (the goods were not in stock and this was indicated before ordering the goods). When individually ordering a product, its return is possible only if the product is defective, in accordance with the procedure and conditions set out in these Terms.

7. Defects in Goods

7.1 Upon receiving the goods, the Consumer has an obligation to inspect them immediately, check their quality (visible defects) and make sure that the goods have no visible defects. If the delivered goods do not meet the quality requirements, the Consumer must immediately contact the Online Store using the general contact details provided in the “Contact” section of the Online Store, indicate the defect in the goods and provide photographs confirming the defect. The Seller shall be responsible for defects in the goods that existed at the time of purchase and became apparent within two years from the date of transfer of the goods.

7.2 Defects in goods shall be remedied, and defective goods shall be exchanged or returned in accordance with the requirements of the legislation of the Republic of Lithuania. In all cases, the Consumer must provide a document confirming the purchase of the goods from the Seller.

7.3 Goods may not be accepted or exchanged if, within a reasonable period from the time when the Consumer noticed or should have noticed the defect in the goods, the Consumer failed to notify the Seller thereof and failed to indicate which requirements the goods do not meet.

7.4 The Consumer must deliver defective goods to the Seller’s retail location, UAB “EX FACTORY JEWELRY”, “Marry me by Ribas” store, at Ozo g. 25, Vilnius, or Aido g. 8, Šiauliai, or send them to this address by registered mail/courier service with delivery confirmation. Until the returned goods are delivered to the Seller, the risk of loss or damage to the goods shall remain with the Consumer; therefore, when returning the goods, the Consumer must ensure that they are properly packaged so that they are not damaged during transportation. If it is determined that the goods were defective, the cost of returning them shall be borne by the Seller.

7.5 The Seller has the right not to accept goods returned by the Consumer and not to fulfil the Consumer’s request if the defects in the goods arose due to improper use, mechanical damage or other actions attributable to the Consumer, or if the damage constitutes natural wear and tear of the goods.

7.6 If the wrong goods and/or defective goods received are returned, provided that all conditions specified in the Terms and/or legislation are met, the Seller undertakes to accept them and remedy their defects or replace them with analogous goods of suitable quality or, at the Consumer’s request, refund the amount paid to the bank account specified by the Consumer in writing. If the Seller does not have suitable goods available for replacement, the amount paid shall be refunded to the Consumer, including the delivery cost. Upon receipt of the returned goods, if all conditions for a refund are met, the money shall be refunded to the Consumer within 14 days to the bank account specified in the written request.

7.7. After the Consumer returns the goods to the Seller (including for the purpose of remedying defects), the Seller has the right to have the goods inspected by the Lithuanian or Latvian Assay Office to verify that the goods have been returned in the same condition in which they were sent. In such case, the Seller shall remedy the defects or refund the money to the Consumer only after receiving the results of the analysis from the Lithuanian or Latvian Assay Office.

8. Sending and Receiving Information

8.1 All notices to the Seller must be submitted by email to the address specified in the “Contact” section of the Online Store.

8.2 All notices necessary for the fulfilment of the order shall be sent to the Consumer at the email address and/or telephone number specified in the Consumer’s order form.

8.3 The Seller shall not be responsible if the Consumer does not receive informational or confirmation notices due to internet connection issues, disruptions in the networks of email service providers, messages being directed to the SPAM folder, or incorrect information provided by the Consumer.

8.4 The Seller may organise various promotions and offers in the Online Store. The Seller has the right to unilaterally change the terms of promotions or cancel them without separate notice. Any change or cancellation of the terms and procedure of a promotion shall take effect from the moment of such change or cancellation.

8.5. If the Consumer wishes to receive other informational or direct marketing communications from the Seller that are not related to the submitted order, the Consumer indicates their preference/consent in the order form or in the Online Store so that such communications may be sent to the contact details provided by the Consumer.

8.6. The Seller processes the Consumer’s personal data in accordance with the Privacy Policy.

9. Final Provisions

9.1 The Seller has the right to unilaterally amend these Terms. The amended Terms shall enter into force from the moment they are published in the Online Store. When the Consumer purchases goods in the Online Store, the Terms applicable at the time of placing the order shall apply. If the Consumer uses the services of the Online Store and places an order after the Terms have been amended, it shall be deemed that the Consumer has agreed to the new version of the Terms.

9.2 The Consumer has the right and is encouraged to print these Terms for future reference.

9.3 If important circumstances arise, the Seller may temporarily or permanently discontinue the operation of the Online Store without prior notice to the Consumer. This shall not release the Seller from fulfilment of obligations already undertaken.

9.4 If the Consumer does not use the services of the Online Store and/or does not log in to their account on the Online Store website for one year, their account may be deleted. The Consumer’s ability to use the Online Store or their account may be immediately and without prior notice cancelled, restricted or suspended if the Seller has reason to suspect that the Consumer is disrupting the stability and security of the Online Store or violating their obligations.

10. Applicable Law and Dispute Resolution Procedure

10.1 These Terms and the legal relationship between the Consumer and the Seller shall be governed by the law of the Republic of Lithuania. The Agreement between the Consumer and the Seller shall be concluded and performed in the official Lithuanian language and shall be subject to the legislation of the Republic of Lithuania and the jurisdiction of the courts of the Republic of Lithuania.

10.2 All disputes arising from these Terms or the performance of the Sale and Purchase Agreement shall be resolved through negotiations. A Consumer wishing to submit a complaint must contact the Seller directly by email at [email protected]. If an agreement cannot be reached, disputes shall be resolved in accordance with the procedure established by the legislation of the Republic of Lithuania in the courts of the Republic of Lithuania. A dispute may be resolved through an out-of-court procedure by the State Consumer Rights Protection Authority where the Consumer is a consumer (address: Vilniaus g. 25, 01402 Vilnius, Lithuania, email: [email protected]), or by the Lithuanian or Latvian Assay Offices within their respective areas of competence. In accordance with European Parliament and Council Directive No. 2013/11/EU on alternative dispute resolution for consumer disputes and European Parliament and Council Regulation No. 524/2013 on online dispute resolution for consumer disputes, the European Commission has established the Online Dispute Resolution platform; the Consumer also has the right to submit an application form through this platform at: http://ec.europa.eu/odr/.