1.1. The present Rules on privacy and puchasing of
goods in the online store www.kokoboutique.lt
(hereinafter – the Rules) are laid down seeking to ensure your
(hereinafter – the Buyer) rights as well as those of UAB IndStyle,
which sells its goods in the online store at www.kokoboutique.lt
(hereinafter – the Store), to establish the obligations and
responsibility of both parties, personal data protection rules and
other provisions related to sales and purchase of goods in the Store
as well as direct marketing offers. When purchasing online, after
adding goods to the shopping cart and starting to fill the order
form, the Buyer shall tick the statement ‘I accept the rules’
thus acknowledging and confirming that he/she has familiarised
him/herself with the present Rules, accepts them and agrees to
1.2. Seller – legal entity UAB IndStyle, legal
entity code 302985852 , address: Pilies g. 1-2, LT-44275, Kaunas,
1.3. The Rules establish the conditions and
procedure for ordering, buying and returns of the goods at the Store
as well as provide information that must be provided to the Buyer in
line with the legal acts of the Republic of Lithuania.
1.4. The Seller shall be released from any
liability in cases when loss or other adverse consequences are caused
by the Buyer not getting acquainted with the Rules, recommendations
or other information of the online Store irrespective of him/her
having been provided with such an opportunity.
1.5. The Seller shall preserve the right to
unilaterally modify the Rules any time, and the modified Rules shall
be published on the website of the online Store. Modifications shall
take effect from the moment of their publication, and shall be valid
for all contracts made after their publication.
2. Contract Conclusion
2.1. Contracts on sales and purchase of the goods
(hereinafter –Contracts) in online Store shall be concluded
electronically. When concluding Contracts with Buyers the Seller
shall follow the provisions of the Civil Code of the Republic of
Lithuania governing distance contracts and “Retail Rules”
approved by the Order No. 738 of the Government of the Republic of
Lithuania, dated 22-07-2004.
2.2. The following persons shall have the right to
buy from the Seller’s online Store: legally capable natural
persons; minors aged fourteen to eighteen years only with the
permission of their parents or guardians, except when they manage
their funds independently; legal persons; as well as authorised
representatives of all persons listed above. By accepting the Rules,
the Buyer confirms that he/she has the right to buy from the online
Store of the Seller.
2.3. The contract on sales and purchase of the
Goods between the Buyer and the Seller shall be deemed to have been
concluded and in effect as of the moment, when the Buyer clicks on
the link “Confirm the Purchase” after adding items of Goods to
his/her shopping cart, providing the delivery address and other
required data, selecting a mode of payment, getting acquainted with
and having confirmed his/her acceptance of the Rules.
2.4. Following the conclusion of the contract on
sales and purchase of the Goods, the Seller shall additionally send
to the Buyer an automatically generated electronic confirmation of
receipt of the Buyer’s order submitted with the Goods and main
features thereof, exact number of Goods, their prices and order
number provided. Together with the order confirmation, the Seller
shall send to the Buyer valid Rules containing all information to be
provided to the Buyer that is prescribed by the legal acts. The
message about the Order confirmation shall be sent to the Buyer to
the email address given by the Buyer in the sign-up form or submitted
2.5. The present Rules, Delivery, Payment and
Return procedures published in the online Store, information about
the Seller as well as the electronic notification of receipt of the
order sent by the Seller to the Buyer which comprise an integral part
of the Rules shall be deemed to be an inseparable part of the
Contract concluded between the Seller and the Buyer.
Each contract concluded electronically between the Seller and the
Buyer shall be stored in the database of the online Store.
2.7. The Contract concluded between the Buyer and
the Seller shall be valid until complete fulfilment of the
obligations of the Parties thereto undertaken following the Contract
or until its expiry in accordance with the procedure established in
the present Rules.
Goods and their Prices
3.1. Features of each item of Goods sold are
provided in descriptions of corresponding items provided in the
online Store. The Seller shall not bear any liability if colour,
shape or other parameters of the item do not match the actual colour,
shape or other parameters of the item due to the settings and/or
characteristics of the monitor used by the Buyer.
3.2. The Seller shall have the right to change the
assortment of the Goods offered in the online Store any time without
any notice to the Buyer.
3.3. The price of each item sold in the online
Store shall be provided in euros next to the corresponding item, in
the Buyer’s order and electronic notification of order receipt sent
by the Seller to the Buyer. The Seller hereby undertakes to sell the
Goods at the prices valid at the moment when the Buyer submits the
order to the Seller.
3.4. The prices of the Goods include the
value-added tax (VAT).
3.5. The prices of the Goods do not include the
fee for delivery of the Goods to the Buyer. The taxes applicable to
delivery of the Goods are provided in Clause 5.2 of the Rules.
3.6. The Seller shall have the right to determine
the minimum size of shopping cart at his own discretion, i.e. the
minimum amount at which Buyer’s order is executed.
Payment for Goods
4.1. The Buyer shall pay for the Goods and their
delivery in one of the following manners:
4.1.1. using an
electronic banking system PayPal.
4.1.2. by an ordinary advance payment order from
the bank to Seller’s account (account details of the Seller are
provided in the section “Payment” of the Store.
4.2. For payment for the Goods and their delivery
using bank services, the Buyer may be charged commission fees and/or
other charges for the transactions executed established by the bank.
4.3. If the payment for the Goods or their
delivery is made by an advance payment order, the Buyer must specify
the order number provided in the electronic notification of order
receipt to the Buyer in the section “Payment Details” of the
payment order form. If the Buyer fails to provide the correct order
number in the section “Payment Details“, it may cause
difficulties of order processing.
4.4. The Seller shall start fulfilling the order
submitted by the Buyer only after having received full payment for
the Goods and their delivery (except when the Buyer selects payment
in cash upon delivery). The payment shall be deemed to have been
executed when the total payable amount is received and credited to
Seller’s bank account.
4.5. The Buyer shall be obligated to pay for the
Goods and their delivery not later than within 3 (three) working
days from conclusion of the contract on sales and purchase of the
Goods (except when the Buyer selected payment in cash upon delivery
of the Goods). If the Buyer fails to make the payment within the
first 2 (two) working days, a reminder about the submitted order and
necessity to make the payment shall be sent to the Buyer’s e-mail
provided on the Buyer’s sign-up or order form. If the Buyer fails
to pay for the Goods and their delivery within 5 (five) working days
from the conclusion of the contract on sales and purchase of the
Goods, it shall be deemed that the Buyer withdrew from the Contract,
and the corresponding Buyer’s order shall be cancelled upon notice
to the Buyer sent to the e-mail provided in the sign-up or order
4.6. The Seller hereby undertakes to furnish the
Buyer with all the required and correct information necessary for
payment for the Goods and their delivery. However, the Seller shall
not assume any liability for services improperly rendered by banks,
which executed the Buyer’s payment to the Seller and the related
losses. Moreover, the Seller shall assume no liability arising due to
faults of the Buyer when submitting and processing a payment order
(e.g. incorrect account number provided / entered, incorrect order
code, etc.) and the related loss and/or other adverse consequences.
Delivery of Goods
5.1. Goods shall be delivered at the Buyer’s
expense by the Seller or a company providing courier services
(hereinafter – the Courier) at the assignment of the Seller.
Delivery of the Goods shall be executed in the whole territory of the
Republic of Lithuania, including the Curonian Spit. Goods shall be
delivered to the address provided by the Buyer during sign up or in
the order form.
5.2. The delivery fee provided below shall be
applicable to the delivery of the Goods:
5.2.1. delivery in
Lithuania, Latvia, Estonia is 3Eur, 20€ to Curonian Spit. Delivery
worldwide – 18Eur.
5.3. Usually, the Goods are delivered to the Buyer
to the address provided by him/her in 2 to 3 working days in
Lithuania and in 5 to 14 working days to other countries depending on
the location in question. The Buyer hereby agrees that in the case of
unforeseen circumstances, delivery of the Goods may be delayed,
however, in all cases the Goods shall be delivered not later than
within 30 (thirty) calendar days. In such case, the Seller shall
immediately contact the Buyer and agree on the delivery term of the
Goods. The delivery term shall commence when the Seller receives the
payment for the Goods and their delivery from the Buyer (except when
the Buyer selected payment in cash upon delivery).
5.4. In all cases, the Seller shall be released
from responsibility for late delivery of Goods if the failure to
deliver the Goods or their delayed delivery is caused by the Buyer
himself/herself or due to circumstances within the control of the
5.6. Goods shall be delivered on working days
Monday to Friday, at the time agreed by the Courier with the Buyer in
5.7. If the delivery of the Goods and their
transfer to the Buyer did not take place at the time agreed by the
Parties hereto (e.g. when the Goods were delivered to the address
provided by the Buyer, it turned out that incorrect delivery address
was provided or the Buyer or any other person who could accept the
Goods was not found at the given address) due to the fault of the
Buyer or circumstances within his/her control, the Seller or Courier
on his/her instruction shall contact the Buyer again and agree on the
new delivery time suitable for both parties. The Seller shall have
the right to require the Buyer to pay an additional delivery fee for
such repeated delivery of the goods. If the Buyer fails to accept the
goods when they are delivered repeatedly without a good reason, it
shall be deemed that the Buyer withdrew from the Contract, and the
Buyer’s order shall be cancelled upon notification to the Buyer
sent to the e-mail provided in the Buyer’s sign-up or order form.
In such case, the Seller shall undertake to repay the Buyer the
advance payment made (if any) within 14 (fourteen) calendar days from
the withdrawal from the Contract after deducting the delivery fees
for the Goods from the amount to be repaid. The money shall be
credited to the bank account the payment was made from.
5.8. After delivering the Goods to the address
provided by the Buyer, these shall be transferred to the Buyer or any
other person present at the address provided by the Buyer. The Buyer
hereby confirms that he/she understands that any person present at
the address provided by the Buyer (hereinafter –Buyer’s
Representative) shall be deemed to be a person eligible to accept the
5.9. Upon delivery of the Goods the Buyer (Buyer’s
Representative) shall examine the condition of the Goods together
with the Seller or the Courier, as appropriate (whether packaging is
not battered, wet, ripped or otherwise externally damaged), contents
of the package, quantity and quality. If the Buyer (Buyer’s
Representative) notices any external damages, non-compliance of
package contents and/or their quantity, the Buyer (Buyer’s
Representative) must note it on consignment delivery confirmation
(VAT invoice, cargo waybill or another similar document) provided by
the Seller or the Courier and draw up a free-format formal note of
consignment and/or product damage/non-compliance together with the
Seller or the Courier. Damages/non-compliances recorded during the
transfer of the Goods shall be eliminated in accordance with terms
and procedures agreed by the Buyer and the Seller.
6. Right of Withdrawal from Distance Contract
and Return of Goods
6.1. The Buyer (consumer) shall have the right to
withdraw from the contract on sales and purchase of the Goods
concluded in the online Store without providing any reason and by
notifying the Seller thereof in writing within 14 (fourteen) days
from the delivery date of the Goods. A written notification of the
Buyer on withdrawal from the Contract must be sent to the e-mail of
the online Store email@example.com.To exercise his right of
withdrawal, the Buyer should inform the Seller of his/her decision to
withdraw from the contract before the expiry of the withdrawal
6.2. After withdrawing from the contract on sales
and purchase of the Goods, the Goods being returned must meet the
6.2.1. the item may not have been worn or
otherwise used, it cannot be damaged or deprived of its value;
the item must be returned in original manufacturer’s packaging (the
packaging may be changed only as much as it is necessary in order to
examine its contents) and with its marketable condition
6.2.3. the item has to have all its labels attached.
6.3. The Buyer shall be obligated to deliver the
returned Goods (through a courier, by post or upon personal delivery)
to the Seller’s address at KOKO boutique, Pilies g. 1-2, LT-44275,
6.4. Together with the returned item of Goods, the
Buyer shall submit to the Seller a completed form of request to
return the Goods or a free-format request to return the Goods
(specifying the Goods being returned and his/her bank account number
where the money for the returned Goods are to be transferred) and a
document confirming the purchase from the online Store (VAT invoice).
6.5. The Buyer shall not have the right to
withdraw from the Contract and return the Goods, which were unpacked
after the delivery and cannot be returned due to hygiene or health
protection reasons (e.g. underwear, if the hygiene seal has been
removed) as well as in other cases as indicated in part 2
of Article 6.22810 of the Civil Code of the Republic of
Lithuania. When a written notification of the Buyer of withdrawal
from the Contract specified in Clause 6.1 of the Rules is received,
the Seller shall repay the Buyer the money paid for the Goods
(including the costs of delivery) within 14 (fourteen) calendar
days. In case of withdrawal from the contract, the Buyer shall
to bear the costs of returning the Goods to the Seller.
6.6. The rights of the Buyer when having been sold
goods of unsuitable quality are established by the Civil Code of the
Republic of Lithuania and “Retail rules” approved by Resolution
No. 738 of the Government of the Republic of Lithuania of
22-07-2004, while additionally taking into account the provisions
established in Clauses 6.3–6.5 hereof.
Rules for Replacement of Goods of Inferior
Quality and Rules of Return
7.1. Goods of inferior quality shall be replaced
with the goods of suitable quality and the goods shall be returned in
the cases and in accordance with the conditions established in
Articles 6.363 and 6.364 of the Civil Code and in “Retail rules”
approved by Resolution No. 738 of the Government of the Republic
of Lithuania of 22-07-2004.
7.2. The Seller shall be responsible for the
defects of the item that appear within two years from the transfer of
7.3. The Buyer shall have no right to terminate
the contract, if the defect of the item is insignificant.
7.4. If the Buyer acquired goods of unsuitable
quality, the Buyer may return the goods during the warrantee period
and request, at his/her discretion:
7.4.1. for the Seller to rectify the defects of
the item free of charge within a reasonable period of time, if these
can be rectified;
7.4.2. to reduce the purchasing price accordingly;
7.4.3. to replace the item with a similar item of
7.4.4. to return the price paid and withdraw from
the contract on sales and purchase.
7.5. The Buyer may choose of the remedies provided
for in Clause 7.4 hereof. The Buyer shall be obligated to notify of
his/her choice when returning the item. Where the Seller is unable to
implement the remedy provided for in Clause 7.4 and selected by the
Buyer, the Seller shall suggest an optional remedy provided for in
7.6. Should the Buyer terminate the contract due
to unsuitable quality of an item, the Seller shall refund the price
paid. The costs of returning the item of unsuitable quality shall be
borne by the Seller.
7.7. Goods shall be replaced or returned at a
request of the customer in writing, the form for which is provided
together with the item, or a free-format request of the Buyer in
writing that is to be sent to the Seller to the email address given
in the Rules. The request submitted should specify the cause (quality
defect of the item) that makes the item purchased unsatisfactory to
the Buyer and one of the requirements listed under Clause 7.4 hereof.
A document corroborating the sales and purchasing of the item from
the Seller (VAT invoice, invoice, payment card account statement,
payment card tab) shall be enclosed to the request.
Processing of Personal Data
8.1. When the Buyer orders Goods from the online
Store, sign-up is not required, however, proper order processing
requires such personal data as first name, last name, e-mail address,
address where the Goods will be delivered, telephone number and other
data specified in the order.
8.2. The Buyer hereby confirms that he/she is
aware of the right to refuse to provide his/her personal data,
however understands that personal data are required and necessary for
order processing, and if the Buyer fails to provide the data and does
not agree that the data be processed for the purposes specified in
Clause 8.5 of the Rules, the contract on sales and purchase of the
Goods cannot be concluded and fulfilled.
8.3. By signing up to the Online Store and/or
providing an order the Buyer confirms that he/she agrees to provide
the personal data specified in the Rules, sign-up and order form and
does not object to the Seller’s processing of the data for the
purposes specified in Clause 8.5 hereof.
8.4. The personal data of the Buyer referred to in
Clause 8.1 shall be collected and processed for the purposes of e-
commerce (seeking to conclude the Contract, to process orders for
Goods, to issue financial documents, to resolve the issues related to
delivery and transfer of Goods and to fulfil other contractual
8.5. The personal data of the Buyer and other
visitors of the website www.kokoboutique.lt (email address) shall be
processed for direct marketing purposes in the case where the Buyer,
when ordering the goods, checkmarks his/her agreement to receive the
direct marketing offers, while other visitors of the website
www.kokoboutique.lt provide their email address in the section
“Newsletter”. The Buyer and other visitors of the website
www.kokoboutique.lt have the right to revoke their consent for the
Seller to process their personal data for direct marketing purposes
at any time, by sending the appropriate notification to the Seller.
8.6. The personal data of the Buyer and other
visitors of the website www.kokoboutique.lt shall be processed and
stored no longer, than necessary for the purposes referred to in the
8.7. The personal data of the Buyer shall be
stored and used for the purpose of electronic commerce for 10 years
from the conclusion of the Contract.
8.8. The personal data of the Buyer and other
visitors of the website www.kokoboutique.lt shall be stored and used
for direct marketing purposes for 3 years from the last shopping
on the website www.kokoboutique.lt or store KOKO boutique, or less
provided that a Buyer‘s refusal of direct marketing offers is
8.9. The Seller shall be entitled to provide the
personal data of the Buyer and other visitors of the website
www.kokoboutique.lt to the third persons of his choice only for the
purposes specified in Clauses 8.4 and 8.5 hereof and only to the
extent required to attain the same purposes. In other cases, the
personal data of the Buyer and other visitors of the website
www.kokoboutique.lt shall not be disclosed to third persons without
the prior consent of the Buyer and other visitors of the website
www.kokoboutique.lt. The personal data of the Buyer and other
visitors of the website www.kokoboutique.lt may be provided to
governmental or law enforcement authorities, e.g. police or
regulatory institutions, however only at their request and only when
obligatory under the applicable law or seeking to secure our rights
or the security of our resources, customers and employees.
8.10. The Seller shall apply to the processing of
personal data the security and processing requirements established in
the Law on Legal Protection of Personal Data of the Republic of
Lithuania and the General Data Protection Regulation of the European
8.11. The Seller shall introduce the appropriate
technical and organisational measures to ensure the protection of all
personal data being processed against unintentional or unlawful
destruction or unintentional loss, modification, unauthorised
disclosure or access and against any other unlawful forms of
8.12. The Buyer and other visitors of the website
www.kokoboutique.lt shall have the following rights pertaining to the
8.12.1. to request the Seller to allow them to
familiarise themselves with the data and to rectify or delete them,
or restrict data processing;
to object to the data processing;
to receive their personal data in a systemised, regularly used and
computer-readable format (the right to data portability);
to revoke their consent;
to make a complaint to the State Data Protection Inspectorate.
8.13. The Buyer and other visitors of the website
www.kokoboutique.lt may exercise those rights by applying to the
Seller by email firstname.lastname@example.org.
8.14. While signing up for the online Store,
completing an order form or otherwise using the online Store, the
Buyer must provide comprehensive and correct data. If the data
provided by the Buyer change, the Buyer must immediately update them.
The Buyer shall be responsible for correctness of the data provided
in the sign-up, order form or provided otherwise when using the
online Store, and shall assume all liability for consequences arising
from in-correctness or inaccuracy of the data.
8.15. By signing up for the online Store and
ordering Goods, the Buyer undertakes to protect and not to disclose
the log-in data to any person. If the Buyer loses the log-in data,
he/she must immediately notify the Seller thereof. The Buyer shall be
liable for the transfer of his/her log-in data to third persons. If
third persons make use of the offers provided by the Seller in the
online Store after logging in using the Buyer’s data, the Seller
shall consider the person to be the Buyer.
9.1. The Seller shall have the right to suspend or
terminate Store’s operation temporarily or an indefinite period
without a prior notice to the Buyer.
9.2. By providing a comment
or sending a recommendation, the Buyer shall be responsible for
ensuring that any information provided by him/her is accurate and
correct or otherwise not misleading and not in breach of the rights
of third persons and regulations set forth in the legal acts of the
Republic of Lithuania. By providing a comment or sending a
recommendation, the Buyer shall assume full responsibility for
9.3. The Seller shall preserve the right to delete
and/or correct the Buyer’s comments at any time, if the Seller
believes that the Buyer did not observe the requirements provided in
Clause 9.2 hereof.
9.4. The Seller shall send all notifications to
the Buyer to the e-mail address provided in the sign-up or order
9.5. The Buyer shall send all notifications, inquiries,
claims etc. to the e-mail address of the online Store
email@example.com. The Buyer shall also have the right to contact
the Seller at the address Pilies g. 1-2, LT-44275, Kaunas.
9.6. The present Rules shall in no way restrict
and shall in no case be perceived as restricting the Buyer’s
(consumer’s) rights set forth by the legal acts of the Republic of
Lithuania. The Rules are laid down following the legal acts of the
Republic of Lithuania. The law of the Republic of Lithuania shall be
applicable to the contract on sale and purchase concluded between the
Seller and the Buyer.
9.7. You may submit your request/complaint
concerning an item purchased at the Store to the State Consumer
Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email
firstname.lastname@example.org, tel. 852626751, fax (8 5) 2791466, website
www.vvtat.lt) as well as to its territorial divisions in counties or
fill an application form on the online dispute resolution platform at
9.8. All disagreements between the Buyer and the
Seller arising from the contract on sale and purchase or related
therewith shall be solved in negotiations. In case of failure to
reach an agreement, the disagreements shall be solved in accordance
with the procedure established by the legal acts of the Republic of
9.9. The Seller retains the right to change or
supplement these Rules at any time in consideration of the
requirements established by the legal acts. Each time when shopping
at the online Store, the Buyer shall have to accept these Rules anew.