Terms | Conditions
Magicminiature.com Terms and Conditions of Purchase of Goods and Services
1. General Provisions
1.1. These terms and conditions of purchase of goods and services (hereinafter - the Rules) are a legal document binding on the Parties, which establishes the rights, obligations and responsibilities of the Buyer and the Seller when the Buyer acquires the goods and services at the e-shop www.magicminiature.com (hereinafter - the E-shop) operated by Balsius, LTD, company code 304404192, office address Valerijono Protasevičiaus g. 2, Vilnius, 08462, Lithuania, e-mail address [email protected], tel. +37061173333.
1.2. The Seller reserves the right to change, amend or supplement the rules at any time, taking into account the requirements established by law. The buyer is informed by e-mail provided for the E-shop. When the Buyer purchases at the E-shop the Rules become valid at the time of placing the order.
1.3. To purchase at the E-shop have the right:
1.3.1. able-bodied natural persons, i.e. persons who have reached the age of majority and whose legal capacity is not restricted by court order;
1.3.2. minors between the ages of 14 and 18, only with the consent of their parents or guardians, unless they are self-employed;
1.3.3. legal entities;
1.3.4. authorized representatives of all the above persons.
1.4. When approving the Rules, the Seller also guarantees that in accordance with 1.3. the Buyer has the right to purchase the goods at the E-shop.
1.5. The Agreement between the Buyer and the Seller is considered concluded from the moment when the Buyer after creating a shopping cart in the store, indicating the delivery address, choosing the payment method and getting acquainted with the Seller's rules, click the "Confirm order" button (see Paragraph 5 "Order of Goods, Prices, Payment Procedure, Terms").
1.6. Each contract concluded between the Buyer and the Seller is stored at the E-shop.
2. Protection of Personal Data
2.1. To order goods at the E-shop the Buyer can:
2.1.1. by signing up at the E-shop - by entering the data requested in the registration form;
2.1.2. without registering at the E-shop.
2.2. The Buyer when ordering goods in the ways provided at the Paragraph 2.1. in the Rules, must fill the relevant information fields provided by the Seller to indicate the Buyer's personal data necessary for the proper execution of the order of goods: name, surname, delivery address, telephone number and email address.
2.3. By approving these Rules, the Buyer agrees that the personal data provided in the Paragraph 2.2. would be processed by the E-shop for purposes of selling the goods and services, the Seller's Performance Analysis and Direct Marketing.
2.4. By agreeing to the Buyer's personal data to be processed in the Seller's e-shop for the purpose of sale of goods and services, the Buyer also agrees that messages necessary for ordering the goods would be sent to the provided e-mail address and telephone number.
2.5. The Buyer, when registering by e-mail at the E-shop and when ordering goods, undertakes to store and not disclose login details to anyone.
3. Buyer's Rights and Obligations
3.1. The Buyer has the right to purchase goods at the E-shop following these Rules and other rules specified in the information sections of the E-shop.
3.2. The Buyer has the right to cancel the order and sale agreement by e-mailing the E-shop and notifying the Seller in writing (by e-mail, indicating the product to be returned and its order number) no later than within 14 (fourteen) days from the date of delivery, except in cases when the contract can not be canceled according to these legal documents of the Republic of Lithuania: The retail rules approved in 2001 June 11, by the Resolution of the Government of the Republic of Lithuania No. 697 (wording of Resolution 738 of the Government of the Republic of Lithuania of 22 July 2014), provisions of the Civil Code regulating legal relations of consumption, and the Law on Protection of Consumer Rights of the Republic of Lithuania).
3.3. The Buyer may exercise the right provided in paragraph 3.2. only if the goods have not been damaged or their appearance has not substantially changed, nor has it been used.
3.4. The Buyer undertakes to accept the ordered goods and to pay the agreed price for them.
3.5. If the data provided in the Buyer's registration form changes, the Buyer must update them immediately.
3.6. The Buyer undertakes not to pass on his login details to third parties. If the Buyer loses the login details, he must immediately inform the Seller by the means of communication specified in the section "Contact us".
3.7. The Buyer by using the e-Shop agrees with these Terms and Conditions of Purchase of Goods and Services and undertakes to comply with them and not to violate the legal acts of the Republic of Lithuania.
3.8. The Buyer has the right to use the goods for his own needs, to produce the final product (candles, home fragrances, etc.) and undertakes not to use the purchased production raw materials for resale (for commercial purposes).
3.9. The Buyer, whether it is our finished products supplier or raw materials supplier, by making a purchase & agreeing to our Terms & Conditions, is committed not to trade products supplied from Magicminiature.com (Balsius, LTD) with Russia with immediate effect. This applies to direct or indirect sale, lending, gifting of its products. This also applies to transported through or to Russia. If any trading operations are discovered and connected, directly or indirectly into Russia, to one of Magicminiature.com customers, the customer shall be considered responsible and trading between our organisations will cease. By purchasing from us, you accept the above conditions automatically.
4. Rights and Obligations of the Seller
4.1. The Seller undertakes to create all conditions for the Buyer to use the E-shop services properly.
4.2. If the Buyer tries to damage the Seller's E-shop stability and security of the operation of the store or violates his obligations, the Seller has the right to immediately and without notice restrict or suspend the Buyer's access to the E-shop or in exceptional cases to cancel the registration of the Buyer.
4.3. The Seller undertakes to respect the Buyer's right to privacy of the Buyer's personal information specified in the E-shop registration form.
4.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer.
5. Ordering Goods, Prices, Payment Procedure, Terms
5.1. The Buyer can buy 24/7 at the E-shop.
5.2. The Agreement enters into force from the moment when the Buyer clicks the "Confirm order" button, and upon receipt of the order, the Seller confirms it - sends a confirmation letter to the e-mail specified by the Buyer.
5.3. Product prices at the E-shop and in the completed order are indicated in euros, including VAT.
5.4. The Buyer pays for the goods in one of the following ways:
5.4.1. by using e-banking system - it is a prepayment via the e-banking system used by the Buyer. The Buyer must have signed a banking agreement with one of the financial institutions operating in Lithuania in order to use this payment form. The Buyer transfers the money to the E-shop's payment partner OPAY account. The responsibility for data security in this case lies with the respective bank, as all monetary transactions take place via the bank's e-banking system;
5.4.2. payment by payment card (MasterCard, Maestro, VISA, VISA Electron). After placing an order, the Buyer is directed to the card payment window, where he enters his card details and performs identification.
5.4.3. Payment by bank transfer is a pre-payment method when the Buyer transfers the money to the E-shop's bank account via the payment partner OPAY;
5.4.4. cash payment at Perlas terminals, Lithuanian Post or PayPost branches - it is a pre-payment method when the Buyer transfers money to the E-shop's bank account at the specified cash registers, providing the payment information received during the order with a scanned code.
5.5. The Buyer undertakes to pay for the goods immediately. Only after receiving the payment for the goods are the goods reserved, the formation of the consignment of goods begins and the term of delivery of the goods is calculated.
6. Delivery of Goods
6.1. The Buyer, having chosen the delivery service at the time of ordering, undertakes to indicate the exact place of delivery of the goods.
6.2. The Buyer undertakes to accept the goods himself. In the event that the Buyer is unable to accept the goods himself and the goods are delivered to the specified address, the Buyer shall not have the right to make claims to the Seller regarding the delivery of the goods to the wrong entity.
6.3. The goods are delivered by the Seller or the Seller's authorized representative (courier).
6.4. The Seller delivers the goods to the Buyer in accordance with the terms specified in the descriptions of the goods. These deadlines are preliminary and do not apply in cases when the required goods are not in the Seller's warehouse and the Buyer is informed about the shortage of the ordered goods. At the same time, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and agree on the terms of delivery.
6.5. In all cases, the Seller is released from liability for violation of the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the control of the Seller.
6.6. The Buyer must in all cases immediately inform the Seller if the consignment is presented in crushed or otherwise damaged packaging, if the consignment contains unsolicited goods or the quantity is incorrect, incomplete goods.
6.7. In all cases, if the Buyer notices any violations of the packaging during delivery, he must indicate his remarks in the delivery document submitted by the courier or draw up a separate report on these violations. The Buyer must do this in the presence of a courier. Failure to do so shall release the Seller from liability against the Buyer for damage to the goods related to packaging damage, which the Buyer did not indicate in the courier's delivery document.
7. Product Quality Guarantee
7.1. The details of the goods sold in the e-shop shall be indicated in general in the description of the goods accompanying each goods.
7.2. The Seller is not responsible for the fact that the goods in the e-shop may not correspond in their color, shape or other parameters to the actual size, shape and color of the goods due to the characteristics of the monitor used by the Buyer.
7.3. The Seller provides a quality guarantee for a certain period of time for certain types of goods, the specific term and other conditions of which are specified in the descriptions of such goods.
7.4. If the Seller does not provide a quality guarantee for certain types of goods, the guarantee provided by the relevant legislation is valid.
8. Return and Exchange of Goods
8.1. Deficiencies of the sold goods are eliminated, low-quality goods are replaced, returned in accordance with these legal documents: The retail rules approved in 2001 June 11, by the Resolution of the Government of the Republic of Lithuania No. 697 (wording of Resolution 738 of the Government of the Republic of Lithuania of 22 July 2014), provisions of the Civil Code regulating legal relations of consumption, and the Law on Protection of Consumer Rights of the Republic of Lithuania). In all cases, the money for the returned goods is transferred only to the Payer's bank account.
8.2. In order to return the product (s) in accordance with Article 8.1. the Buyer may do so within 14 (fourteen) days from the day of delivery of the goods to the Buyer, informing the Seller by the means of communication specified in the contact section ([email protected]) and filling in the Product return form, which can be found in the bottom menu Service / Returns form, indicating the name of the returned goods, the order number and the reasons for the return.
8.3. When the Buyer returns the goods, the following conditions must be met:
8.3.1. the returned goods must be in the original neat packaging;
8.3.2. the goods must be undamaged by the Buyer;
8.3.3. the product must be unused, without losing its commercial appearance (undamaged labels, unpeeled protective film, etc.) (this rule does not apply in case of return of defective product);
8.3.4. the returned product must be in the same configuration as the Buyer received it;
8.3.5. when returning the goods, it is necessary to present the document of its purchase (e.g. the number of invoice or order).
8.4. The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with the return procedures laid down in Article 8.3.
8.5. When returning the received wrong product and / or poor quality product, the Seller undertakes to take back such goods and replace them with similar suitable goods.
8.6. In the event that the Seller does not have goods suitable for replacement, the amount paid shall be refunded to the Buyer, excluding the price for delivery.
8.7. If the product is not defective or damaged during its transportation, the Buyer must return the product by paying for delivery to the Seller's warehouse in three ways:
8.7.1. return by courier to Valerijono Protasevičiaus g. 2, 08462, Vilnius, Lithuania, contact Eglė Salienė, tel. No.+37061173333;
8.7.2. return to VENIPAK pickup point MAXIMA Žaliųjų ežerų g. 207, Vilnius, Lithuania, contact Eglė Salienė, tel. No.+37061173333;
8.7.3. return to OMNIVA pickup point Visalaukio g. 1 - Omniva Vilniaus Balsių PPC ŽALI, Vilnius, Lithuania, contact Eglė Salienė, tel. No.+37061173333.
8.8 Liquid pigments, liquid bases and other weighable products are non-returnable goods unless the Buyer claims that the goods arrived faulty or damaged in transit;
8.9 Electronic goods such as gift vouchers, making instructions in pdf format are non-returnable goods.
9. Uncollected Shipments
9.1. The Buyer must collect the order within the storage period specified by the carrier.
9.2. Failure to collect the shipment alone shall not be considered as the Buyer’s notice of withdrawal from the distance purchase and sale agreement. In order to withdraw from the agreement, the Buyer must clearly inform the Seller thereof by email, by submitting another clear statement, or by using the withdrawal form.
9.3. If the Buyer fails to collect the shipment within the specified period and the carrier returns it to the Seller, the Seller shall contact the Buyer regarding further fulfilment of the order.
9.4. If the Buyer wishes to have the order resent, the costs of reshipping shall be borne by the Buyer.
9.5. If the shipment is not collected within the storage period specified by the carrier and is returned to the Seller, the Buyer may be required to cover the actual costs of returning the shipment to the Seller. Any reshipping of the shipment shall be carried out at the Buyer’s expense.
9.6. If, after being informed that the shipment has been returned, the Buyer declares that they are withdrawing from the distance purchase and sale agreement, the Seller shall refund the Buyer the amounts paid for the goods and, where required by applicable law, the standard delivery costs.
9.7. The direct costs of returning the goods to the Seller, charged to the Seller by the carrier due to the shipment not being collected, shall be borne by the Buyer. Such costs may be deducted from the amount to be refunded to the Buyer, provided that the Buyer was properly informed before entering into the purchase and sale agreement of their obligation to bear the return costs.
9.8. If the Buyer fails, within a reasonable period after receiving the Seller’s notice, to provide instructions regarding reshipment of the shipment or withdrawal from the agreement, the Seller shall have the right to consider the order unfulfilled due to the Buyer’s actions and to decide on the refund of the amounts paid, taking into account the costs actually incurred and lawfully attributable to the Buyer.
10. Liability of the Buyer and the Seller
10.1. The Buyer is fully responsible for the accuracy of the personal data provided by the Buyer. If the Buyer fails to provide accurate personal data in the registration form, the Seller shall not be liable for any consequences arising therefrom and shall have the right to claim compensation from the Buyer for direct losses incurred.
10.2. The Buyer shall be responsible for all actions performed while using this online store.
10.3. A registered Buyer shall be responsible for disclosing their login details to third parties. If a third party uses the services provided by the online store by logging in using the Buyer’s login details, the Seller shall consider such person to be the Buyer.
10.4. The Seller shall be released from any liability in cases where losses arise because the Buyer, despite the Seller’s recommendations and the Buyer’s obligations, failed to familiarise themselves with these Terms and Conditions, although they were given the opportunity to do so.
10.5. If the Seller’s online store contains links to websites of other companies, institutions, organisations or individuals, the Seller shall not be responsible for the information contained therein or for the activities carried out on such websites, does not supervise or control such websites and does not represent such companies or individuals.
10.6. In the event of damage, the Party at fault shall compensate the other Party for direct losses.
11. Marketing and Information
11.1. The Seller may, at its discretion, initiate various promotional campaigns in the online store.
11.2. The Seller shall have the right to unilaterally amend or cancel the terms and conditions of promotional campaigns without prior notice. Any amendment or cancellation of promotional terms and procedures shall apply only prospectively, i.e. from the moment such amendment or cancellation is made.
11.3. The Seller shall send all notices using the contact details provided by the Buyer in the registration form.
11.4. The Buyer shall send all notices and enquiries using the telephone number and email address specified in the “Contact Us” section of the Seller’s online store.
11.5. The Seller shall not be liable if the Buyer does not receive informational or confirmation messages due to internet connection failures, disruptions in email service provider networks, or incorrectly provided contact details (email address and/or telephone number).
12. Final Provisions
12.1. These Terms and Conditions of purchase and sale of goods have been drawn up in accordance with the laws and legal acts of the Republic of Lithuania.
12.2. Any disputes arising from the implementation of these Terms and Conditions shall be resolved through negotiations. If the Parties fail to reach an agreement, disputes shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania. The out-of-court consumer dispute resolution authority is: www.vvtat.lt, Online Dispute Resolution (ODR) platform.
12.3. All information, articles, photographs, tables and other material provided in the online store are intended to enable the Buyer to familiarise themselves with the products and may not be copied. The use of such information for commercial purposes is prohibited.
