Terms and Conditions

CAPSULE.LT ONLINE STORE TERMS AND CONDITIONS

1. Definitions
2. Electronic services
3. Conclusion of contracts for purchase and sale of goods
4. Payment methods and terms
5. Delivery times, costs and methods
6. Complaints about goods and warranty
7. Right to withdraw from a Goods Purchase Agreement and return Goods
8. License
9. Marketing and information
10. Protection of Personal Data
11. Termination of the Service Agreement
12. Provisions not applicable to Consumers
13. Amendments to the Terms and final provisions

1. Definitions

Capitalised terms used in these Terms have the meanings set out below:
1.1. Seller – UAB “Dzūkų žinios”, legal entity code 165118225, a company duly incorporated and registered in the Republic of Lithuania; contact email: info@capsule.lt; telephone: +370 646 71901.
1.2. Terms / Service Agreement – these Terms, which govern the conditions for concluding Goods Purchase Agreements and the rights and obligations of the Buyer and Seller.
1.3. Goods Purchase Agreement – a distance contract concluded between the Buyer and Seller by means of distance communication in accordance with the applicable laws of the Republic of Lithuania, under which the Seller sells and the Buyer purchases Goods at the Prices set and presented by the Seller. The Seller may agree in writing with a Buyer who is not a Consumer to conclude a transaction on terms different from these Terms. Such a separate agreement is not treated as a Goods Purchase Agreement governed by these Terms.
1.4. Account – Electronic service in the Seller’s information system, marked with the Buyer’s individual Login name and Password, which allows the Buyer to use additional functions or services. The Buyer can log in to his Account by registering in the Online Store. The Buyer logs into their account using their Login and Password.
1.5. Online Store – the Seller’s platform for Electronic Services, available at capsule.lt, through which the Buyer may place Orders for Goods.
1.6. Promotions – The online store presents a special offer to Buyers regarding a discount on the price of the Goods and/or their delivery conditions, which has a specific validity period.
1.7. Electronic service – the Seller’s services are provided in the Online Store in accordance with the requirements of the applicable legal acts and the Service Agreement. If the Electronic Service is provided by the Seller’s partner, the relevant provisions on the use of these services are provided in the service provision agreements/rules of those partners.
1.8. The price is the amount of consideration in euros (including taxes) paid to the Seller by the Buyer for the purchase of the Goods with the right of ownership. The cost of delivery of goods is not included in the price, unless the delivery of the goods is subject to a promotion.
1.9. The Buyer is a natural or legal person. In the event that the Buyer is a natural person under the age of 14, he undertakes, at the request of the Seller, to submit a valid consent of his representative to enter into a Service Agreement or a Goods Purchase Agreement, as Goods Purchase – Sale Agreements are usually concluded to satisfy minor daily consumption needs.
1.10. Cart – an Electronic Service offered to Buyers in the Online Store that enables them to place Orders for Goods, enter discount codes and view Prices, the total price of Goods, delivery costs and the estimated delivery time. Creating a Cart constitutes the Buyer’s offer to the Seller to conclude a Goods Purchase Agreement.
1.11. Goods – Movable item/items for sale in the Online Store.
1.12. Login – the Buyer’s email address provided when registering in the Online Store.
1.13. Password – a sequence of letters, numbers and/or symbols, which the Buyer sets when creating his Account and which is mandatory for authorization when connecting to the Account. The Buyer undertakes to protect the Password and not to disclose it to any third parties. The Buyer has the right to change the Password.
1.14. Content – The content presented in the Online Store, including all texts, graphics, photos, music, any filmed or visual material/recordings, trademarks, logos, other visual signs, illustrations, computer programs and/or separate parts of all specified objects, domain names and other business identifiers, which are the intellectual property of the Seller or their licensors.
1.15. Order – the Buyer’s declaration of intent to conclude a Goods Purchase Agreement with the Seller at a distance using means of distance communication. The Order identifies the Goods the Buyer wishes to purchase and the Buyer’s data required to conclude and perform the agreement. The Order is submitted when the Buyer clicks the “Pay” button. The Goods Purchase Agreement is concluded when the Seller sends the Order confirmation to the Buyer by email.
1.16. Consumer – a Buyer who is a natural person and concludes an agreement with the Seller for purposes not directly related to that person’s business, commercial or professional activity.
1.17. Working day – every day of the week, with the exception of Saturday and Sunday and public holidays, which are declared non-working days in accordance with the legislation of the Republic of Lithuania.

2. Electronic services

2.1. Electronic services provided by the Seller to the Buyers in the Online Store are: Account; possibility for Buyers to place Orders; the possibility of entering into a Goods Purchase Agreement; providing advertising content to Buyers with their express consent; Using the shopping cart service; the possibility to view the content placed in the Online Store.
2.2. Buyers with an Account are additionally provided with the service of supporting the Buyer’s browsing session after he logs in to the Account, as well as the service of submitting and saving Order History.
2.3. The Buyer can use the Account services: (i) after completing the requested registration form and agreeing to these Terms; (ii) by clicking the “Register” button.
2.4. The service agreement is concluded when the Buyer receives confirmation from the Seller at the email address provided during registration in the Online Store. The Account is provided free of charge for an unlimited period. The Buyer may delete the Account at any time or ask the Seller to remove it by emailing info@capsule.lt. An Account is not required to place an Order.
2.5. The Cart retains information about Goods added by the Buyer even after the browsing session ends or the Buyer logs out of the Account; however, this information is retained for no longer than 2 days.
2.6. The Buyer undertakes:
2.6.1. provide only accurate and up-to-date data when placing an Order and/or creating an Account;
2.6.2. promptly update any data that can be changed through the Account settings;
2.6.3. Use the Seller’s electronic services and functions without disrupting the activities of the Seller and the Online Store;
2.6.4. Use the Seller’s Electronic Services and functions in compliance with the requirements of the Terms and applicable legal acts;
2.6.5. Use the Seller’s Electronic Services and functions without causing inconvenience to other Buyers and/or the Seller;
2.6.6. pay the Price on time and cover any costs separately agreed by the Buyer and Seller;
2.6.7. Not to perform any actions and not to transfer the Content in a way that would violate the copyright or other intellectual property rights of the Seller or third parties;
2.6.8. Not to distribute or publish in the Online Store any content prohibited by law;
2.6.9. Not to carry out any actions aimed at misappropriating information or data that do not belong to the Buyer, or affecting the operation and technical functions of the Online Store.

3. Conclusion of contracts for purchase and sale of goods

3.1. The order can be submitted:
3.1.1. When placing an Order in the Online Store;
3.1.2. by contacting the Seller by email at info@capsule.lt.
3.2. The moment of submission of the Goods Order is considered when the Buyer presses the “Pay” button.
3.3. A Goods Purchase Agreement is concluded when the Buyer receives the Seller’s Order confirmation by email.
3.4. If a Goods Purchase Agreement is concluded by email:
3.4.1. the Seller sends the Buyer an electronic message setting out the proposed terms of the Goods Purchase Agreement;
3.4.2. the Buyer sends acceptance of the Seller’s offer to the same email address from which that offer was received;
3.4.3. In the event that the Buyer has not previously expressed his agreement with these Terms, it is necessary that he agrees with these Terms.
3.5. The Goods Purchase Agreement, which is concluded not in the Online Store, but by other means of remote communication (e-mail), is considered concluded from the moment the Buyer receives the Seller’s electronic confirmation that the Order has been received and confirmed.
3.6. All information related to the Order, including the Price, delivery cost and other terms of the Order, is provided in the Order Confirmation.
3.7. Goods Purchase Agreements concluded with Consumers are governed by these Terms and applicable law, regardless of the method used to conclude them.
3.8. Promotions applied in the Online Store are not cumulative unless otherwise stated.
3.9. The characteristics of all Goods are indicated in the Online Store, in the description attached to each Good. The Seller is not responsible for the fact that the color, shape or other properties of the Goods in the Online Store may not correspond to the real size, shape and color of the Goods due to the characteristics of the monitor used by the Buyer.
3.10. When, due to unforeseen circumstances related to the supply of Goods or the fact that the Goods are not in stock, the Seller is unable to deliver the Goods purchased in the Online Store, the Seller has the right to terminate the Goods Purchase Agreement by notifying the Buyer beforehand. In this case, the Seller can offer the Buyer a Good of the same or higher quality and value. If the Buyer refuses, the Seller undertakes to return the money paid by the Buyer within 5 working days to the Buyer’s account from which the payment was made.
3.11. The Seller reserves the right to remove any Good from the Online Store at any time and to remove or change any information in the Online Store. The Seller makes every effort to fulfill each Buyer’s Order, but there may be exceptional objective circumstances that force the cancellation of the Order after sending the Order Confirmation and the Seller reserves the right to do so at any time.

4. Payment methods and terms

4.1. The Buyer can choose the payment method:
4.1.1. Payment by bank card;
4.1.2. Payment by bank transfer.
4.2. Payment by electronic means and by payment card is carried out at the option of the Buyer through authorized service providers of the Seller.
4.3. If the Buyer selects advance payment by bank transfer but does not pay, the Seller may send the Buyer an email reminder. If payment is not made within 3 calendar days after the reminder, the Buyer’s Order will not be accepted. Until the Buyer receives the Order confirmation, the Buyer may cancel the Order without consequence by contacting the Seller; this does not affect the Buyer’s statutory right to withdraw from the Goods Purchase Agreement.

5. Delivery costs, times and methods

5.1. Goods are delivered only within the Republic of Lithuania.
5.2. The normal total delivery time is 1–4 business days after Order confirmation. This period includes preparation of the Goods, handover to the carrier and the carrier’s delivery time. If a different time applies to a particular Good or Order, it is shown on the product page, at checkout or in the Order confirmation.
5.3. The available delivery methods and the final price are described in the Online Store’s Delivery section and shown before payment.
5.4. Standard courier delivery in Lithuania costs EUR 4.84. Delivery to an LP EXPRESS parcel locker costs EUR 4.50 when this method is available for the parcel’s dimensions and weight. An additional charge may apply to delivery to the Curonian Spit.
5.5. Orders with a Goods value of at least EUR 100 qualify for free standard delivery in Lithuania, except to the Curonian Spit.
5.6. All information applicable to a particular Order, including the delivery method, price and estimated delivery time, is shown before payment and in the Order confirmation.
5.7. The Seller is not liable for delivery delays caused by the Buyer or by circumstances beyond the Seller’s control, such as exceptionally high carrier workloads or restrictions imposed by public authorities.

6. Complaints about goods and warranty

6.1. The Seller’s responsibility for the sold Goods is determined in accordance with the applicable legislation.
6.2. The general warranty period applicable to the Good is 2 years from the date of receipt of the Good, unless the manufacturer sets a longer warranty period applicable to the Good.
6.3. Complaints concerning Goods must be submitted to the Seller by email at info@capsule.lt in accordance with this section of the Terms and clause 13.8.
6.4. The Seller must hand over the Good to the Buyer without defects.
6.5. If the Good has defects, the Buyer has the right to:
6.4.1. request a reduction of the Price or withdraw from the Goods Purchase Agreement, unless the Seller promptly and without significant inconvenience to the Buyer replaces the defective Good with a conforming Good or remedies the defect;
6.4.2. demand to replace the Good with a Good of suitable quality or to remove the defect within a reasonable period of time.
6.5. In the event that the Buyer’s claim regarding the Good will not meet the requirements of the Goods Purchase Agreement, or it would require excessive costs for the Seller compared to the option offered by the Seller, and would not cause inconvenience to the Buyer, the option offered by the Seller shall be used to eliminate the defects of the Good. When evaluating such costs, the value of the Good without defects, the nature and significance of the identified defect, the inconveniences that the Buyer could experience if the claim was satisfied in another way are taken into account.
6.6. A complaint should state the information and circumstances relating to the complaint, the defect and the date it arose; the remedy requested to bring the Good into conformity with the Goods Purchase Agreement, or a request to reduce the Price or withdraw from the agreement; and the complainant’s contact details.
6.7. The Seller must respond to the complaint within 14 days of receiving the complaint. In the event that the Seller does not respond within the specified period, it is considered that the Buyer’s complaint is justified.
6.8. If exercising the Buyer’s rights requires the Good to be delivered to the Seller, the Buyer must send it, at the Seller’s expense, to UAB “Dzūkų žinios”, Seinų g. 12, LT-67114 Lazdijai, Lithuania.

7. Right to withdraw from a Goods Purchase Agreement and return Goods

7.1. A Consumer may withdraw from a distance Goods Purchase Agreement within 14 calendar days after receiving the Goods, without giving a reason, except in the cases listed in Article 6.228¹⁰(2) of the Lithuanian Civil Code.
7.2. To exercise the right of withdrawal, the Consumer must send an unambiguous notice before the deadline to info@capsule.lt. The notice should include the Order number, the Goods being returned and the Consumer’s contact details.
7.3. The Consumer must send or hand over the Goods no later than 14 calendar days after giving notice of withdrawal to: UAB “Dzūkų žinios”, Seinų g. 12, LT-67114 Lazdijai, Lithuania.
7.4. The Consumer may handle the Goods only as far as necessary to establish their nature, characteristics and functioning. The Consumer is responsible for any reduction in value caused by handling beyond what is necessary for that purpose. Where reasonably possible, the Goods should be returned with their original packaging, labels, instructions and accessories.
7.5. The Consumer bears the direct cost of returning conforming Goods. If the Goods are defective or the wrong Goods were delivered, the Seller covers reasonable return costs. No restocking fee applies.
7.6. The Seller refunds payments received from the Consumer, including the cost of the least expensive standard delivery offered by the Seller, no later than 14 calendar days after receiving the notice of withdrawal. The Seller may withhold the refund until the Goods are returned or the Consumer provides evidence that they have been sent back.
7.7. The refund is made using the same payment method used by the Consumer, unless the Consumer expressly agrees otherwise and does not incur additional costs.
7.8. The detailed return process and current contact information are available in the Online Store’s Delivery and returns section.

8. License

8.1. Exclusive rights to the Content that is presented in the Online Store, in particular copyright, intellectual property rights and database rights, belong to the Seller or its partners.
8.2. The Buyer has the right to use the Content free of charge, but it is intended exclusively for personal use. Other use of the Content is possible only with the express written consent of the Seller.
8.3. The Buyer is considered the owner of all information and content provided by using the Electronic Services or the Online Store. The Buyer grants the Seller a non-exclusive license: a transferable, sublicensable right to use, copy, modify, distribute, publicize, process information and content (except for those data whose use and transfer is restricted by applicable laws), worldwide, without any additional consent, notification and/or compensation to the Buyer or others.

9. Marketing and information

9.1. The Seller can organize various promotions and offers in the Online Store.
9.2. The Seller may change or cancel the terms of Promotions unilaterally and without separate notice. Any change or cancellation takes effect when it is published.
9.3. The Seller sends notices to the email address provided by the Buyer in the purchase form.
9.4. The Buyer sends all messages and questions to the Seller via the contacts specified in Clause 1.1 of the Terms.
9.5. The Seller is not responsible if the Buyer does not receive information or confirmation messages sent due to internet connection, e-mail service providers’ network failures, messages falling into the SPAM directory, or due to incorrect data specified by the Buyer.
9.6. The Buyer’s personal data may be processed for marketing purposes in accordance with the procedure and conditions specified in the Privacy Policy.

10. Protection of Personal Data

10.1. The Seller processes the Buyers’ personal data as a personal data controller.
10.2. More information on the processing of personal data can be found in the Privacy Policy provided in the Online Store.

11. Termination of the Service Agreement

11.1. The Seller has the right to terminate the Service Agreement at any time if:
11.1.1. the legal acts regulating the provision of electronic services have changed and have a mutual influence on the rights and obligations between the Buyer and the Seller;
11.1.2. due to technical or technological reasons, the method of providing Electronic Services has changed;
11.1.3. due to newly introduced, modified or repealed provisions of the Terms, the provision and scope of Electronic Services have changed.
11.2. The Seller may terminate the Service Agreement if the Buyer does not use the Online Store for more than 3 years and does not perform any actions in it.
11.3. The Seller informs the Buyer of termination of the Service Agreement by email.
11.4. In order to avoid possible damage, the Seller has the right to immediately terminate the Service Agreement and/or limit the use of Electronic Services, the Online Store and the ability to place Orders, restrict access to the Content, if the Buyer grossly violates at least one of the requirements stated in Clause 2.6 of the Terms.

12. Provisions not applicable to Consumers

12.1. The conditions in this section of the Terms apply to Buyers who are not Consumers.
12.2. The Seller has the right to terminate the Service Agreement concluded with the Buyer within 14 calendar days from the date of its conclusion, without any reason. The Buyer may not make any claims to the Seller as a result.
12.3. The Seller may unilaterally terminate a Goods Purchase Agreement by notifying the Buyer by email, without adverse consequences for the Seller.
12.4. Buyers may be subject to other terms of delivery and payment of Goods, which the Buyer and the Seller may separately agree on in writing.
12.5. From the moment when the Seller hands over the Good to the carrier, the risk of accidental loss or damage of the Good is transferred to the Buyer. In this case, the Seller is not responsible for the loss, shortage or damage of the Good, which occurred between the handover of the Good to the carrier and the moment of delivery of the Good, as well as for delivery delays.
12.6. To the extent permitted by applicable law, the Seller’s statutory warranty liability for Goods is excluded in relation to Buyers who are not Consumers.
12.7. In each case where the liability of the Seller, its employees and authorized representatives is established, this liability towards the Buyer, regardless of its legal basis, is limited – both in the case of a single claim and in the case of multiple claims – to the amount of the paid Price and delivery costs according to the last Agreement for the purchase and sale of Goods, but no more than EUR 250.
12.8. Noither the Seller nor his employees, authorized representatives are liable to the Buyer, his authorized persons, representatives, sub-suppliers for any damage, including lost profits.
12.9. All disputes arising between the Seller and the Buyer shall be resolved in the relevant court of the Seller’s registered office.
12.10. The Seller has the right to change the Terms at any time in accordance with the applicable legal acts.

13. Amendments to the Terms and final provisions

13.1. The Seller has the right to change these Terms under one of the following conditions:
13.1.1. the legal acts regulating the provision of electronic services have changed, having a mutual influence on the rights and obligations between the Buyer and the Seller;
13.1.2. exclusively for technical or technological reasons, the method of providing Electronic Services has changed;
13.1.3. due to newly introduced, modified or repealed provisions of the Terms, the provision and scope of Electronic Services have changed.
13.2. The Buyer will be informed about changes to the Terms in the Online Store when the new text of the Terms is published. Such notification shall be deemed to be adequate notification of the changes.
13.3. Changes to the rules take effect 14 calendar days after the date of sending information about the changes. Buyers who have concluded a contract for the provision of Services have the right to terminate this contract within 14 calendar days from the day of receiving information about the changes. The change of the Terms does not affect contracts that were concluded before the date of entry into force of the new Terms.
13.4. The essential terms of a Goods Purchase Agreement are recorded and provided on a durable medium by sending the Order confirmation to the email address specified by the Buyer. The content of the Goods Purchase Agreement is also stored in the Online Store’s information system.
13.5. The Buyer may review and print these Terms free of charge at capsule.lt.
13.6. The legal acts of the Republic of Lithuania apply to conditions not discussed in these Terms.
13.7. The Seller does not assume any risk and is unconditionally released from responsibility if the Buyer has not familiarized himself with these Terms in detail, although he was given such an opportunity.
13.8. Buyers may submit complaints by email to info@capsule.lt. A Consumer may also ask the State Consumer Rights Protection Authority of the Republic of Lithuania to resolve a dispute out of court: A. Goštauto g. 12, LT-01108 Vilnius, Lithuania; email tarnyba@vvtat.lt; telephone +370 5 262 6760; www.vvtat.lt. Applications may also be submitted electronically through the Consumer Rights Information System at www.vtis.lt.