TERMS AND CONDITIONS OF PURCHASE AND SALE

1. DEFINITIONS

1.1. E-shop – the Seller’s website/online store (Clay.lt), by means of which the Buyer, the Buyer’s order, contact details, payment and delivery details are identified;

1.2. Seller – UAB „Lietuvos prekybos kompanija“, legal entity code 302493420, registered office at Plytinės g. 1, Geistariškės, LT-64234 Alytus district; manager’s contacts +37067700207; raimonda@clay.lt

1.3. Buyer – an adult natural person purchasing Goods from the Seller, a minor (aged 14 to 18) with the consent of parents or guardians (except where the minor independently disposes of their own income), a legal entity, or an authorised representative of the above persons;

1.4. Goods – the goods sold in the Seller’s E-shop;

1.5. Order – the list of goods purchased by the Buyer;

1.6. Terms – these Terms and Conditions of Purchase and Sale, establishing the mutual relations, rights, obligations and responsibilities between the Buyer and the Seller.

2. GENERAL PROVISIONS

2.1. These Terms are a legal document binding on the parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for acquiring and paying for the Goods, the procedure for delivery and return of the Goods, the liability of the parties and other provisions relating to the purchase and sale of Goods from the Seller.

2.2. When submitting an Order to the Seller, the Buyer must read these Terms and confirms having done so by providing the data required to conclude the Contract and to deliver the Order.

2.3. The Seller has the right to amend the Terms at any time, taking into account the requirements laid down by law. The Buyer will be informed of changes to the Terms in the E-shop.

3. WHEN THE TERMS BECOME APPLICABLE

3.1. The Terms begin to apply to the relationship between the Buyer and the Seller from the moment when:

3.1.1. the Buyer places an order in the E-shop, provides the data required to conclude the Contract and to deliver the order, and clicks „Buy“;

3.1.2. the Buyer, purchasing by telephone, provides the Seller with the data required to conclude the Contract and to place and deliver the Order;

3.1.3. the Buyer, purchasing by e-mail, provides the Seller with the data required to conclude the Contract and to place and deliver the Order.

4. RIGHTS OF THE BUYER

4.1. The Buyer has the right to purchase Goods from the Seller in accordance with these Terms.

4.2. The Buyer has the right to withdraw from and return Goods purchased in the E-shop within fourteen days without giving any reason. In accordance with this clause, the Buyer notifies the Seller of the return of the Goods by submitting a free-form request setting out the decision to withdraw from and return the Goods. Notice of withdrawal and return is submitted to the Seller by e-mail at the address indicated in the E-shop. The Buyer must send or hand over the Goods to the Seller without delay and not later than fourteen days from the day the notice of withdrawal and return was submitted to the Seller. The Buyer bears only the direct cost of returning the Goods.

4.3. Where the Buyer purchases a set of Goods from the Seller and, exercising the right under clause 4.2, wishes to withdraw from certain Goods within the set, the Buyer must return the entire set to the Seller. Where at least one item in the set does not meet the requirements of clause 11.4, the Seller has the right to refuse to accept the returned set.

4.4. Clause 4.2 does not apply to packaged Goods which were unpacked after delivery and which are unsuitable for return for health-protection or hygiene reasons.

5. OBLIGATIONS OF THE BUYER

5.1. The Buyer must pay for the Goods and accept them in accordance with these Terms.

5.2. When using the E-shop, the Buyer undertakes to comply with these Terms, with other conditions set out in the E-shop and with the legislation of the Republic of Lithuania.

6. RIGHTS OF THE SELLER

6.1. The Seller has the right, at its own discretion, to set a minimum Order value, i.e. the amount upon reaching which the Buyer’s Order will be delivered free of charge. This amount is indicated together with the Seller’s delivery terms.

6.2. If the Buyer attempts to harm the stability and security of the E-shop or breaches their obligations, the Seller has the right to restrict or suspend the Buyer’s access to the E-shop immediately and without warning.

7. OBLIGATIONS OF THE SELLER

7.1. The Seller undertakes to enable the Buyer to use the services of the E-shop under the conditions set out in these Terms and in the E-shop.

7.2. The Seller undertakes to respect the Buyer’s right to privacy in respect of personal information belonging to the Buyer and to process the personal data provided by the Buyer only in accordance with Section 12 of these Terms and the legislation of the Republic of Lithuania.

7.3. The Seller undertakes to deliver the Goods ordered by the Buyer to the address indicated by the Buyer under the conditions set out in Section 9 of these Terms.

7.4. Where, due to important circumstances, the Seller is unable to deliver the ordered Goods, the Seller undertakes to offer an equivalent item or one as similar as possible in its properties. If the Buyer refuses to accept such an item, the Seller undertakes to refund the money paid within 3 (three) business days, provided that advance payment was made.

7.5. Where the Buyer exercises the right under clause 4.2 and the condition set out in clause 4.5 is met, the Seller undertakes to refund the money paid within 14 (fourteen) days from the day the notice of return was received, but not earlier than the Goods have been returned to the Seller or the Buyer has provided proof that the Goods have been dispatched to the Seller.

8. PAYMENT PROCEDURE AND TERMS

8.1. The Buyer may pay for the Goods as follows:

8.1.1. By bank transfer – advance payment, where the Buyer transfers money from their account to the Seller’s account according to the invoice issued for the Order; Paysera – a payment initiation service which redirects you to your bank with the transfer generated automatically. Payment by bank card or in cash is also possible at one of the physical stores.

9. DELIVERY AND COLLECTION OF GOODS

9.1. When ordering Goods, the Buyer may choose the method of delivery, i.e. use the delivery service provided by the Seller’s authorised representative or collect the order from the Seller’s premises.

9.2. Delivery of Goods to the Buyer:

9.2.1. The Buyer who has chosen the delivery service when placing the order undertakes to indicate the exact place of delivery.

9.2.2. The Buyer undertakes to accept the Goods personally or to indicate, when placing the Order, the person who will collect the Goods.

9.2.3. The Goods are delivered by the Seller’s authorised representative.

9.2.4. The delivery (transport) charge is calculated according to the size of the Order and the place of delivery:

9.2.4.1. An additional charge of EUR 48.40 (incl. VAT) applies to deliveries to the Curonian Spit region.

9.2.4.2. Where the Buyer wishes the Goods to be delivered outside Lithuania, the delivery conditions are agreed separately.

9.2.4.3. If the total weight of the Order reaches 100 kg or more, the Goods are carried on a pallet and a pallet fee of EUR 6.00 (incl. VAT) is added automatically to the Order. This fee does not apply where the Goods are collected at the Seller’s premises.

9.2.4.4. Each 500 kg bulk bag is carried on a separate pallet, so the pallet fee applies to every bulk bag ordered. The weight of the remaining Goods is counted separately – if it reaches 100 kg or more, one more pallet fee applies.

9.2.5. If the Goods have already been handed over to the courier and the Buyer asks to change the delivery date or address, such a change is charged additionally in the same amount as the original delivery price, and as many times as changes are made. Couriers do not inform the Buyer of this charge by telephone, but the invoice for the additional costs incurred is issued to the Buyer.

9.2.6. The courier states only the day of delivery, not the hour. If, when the courier makes contact, the Buyer is unable to accept the shipment on the agreed day, the courier will offer to deliver it the next day or to a different address. Couriers do not mention the charge by telephone, but such a service is always charged – as many times as changes are made, and in the same amount as the original delivery price. The Seller therefore issues an invoice to the Buyer for the additional costs incurred. The Seller cannot control the working policy of courier companies and therefore asks the Buyer to plan time to accept the shipment on the agreed day.

• The courier waits no longer than 10 minutes – longer waiting is charged at EUR 20/hour (EUR 0.30/min).
• Delivery on another day or to another address is charged as a new delivery – in the same amount as the original delivery price.
• If the shipment is not accepted, the courier attempts delivery for two more business days – each attempt is charged separately.
• If the shipment is refused, its return is also charged as a separate carriage.
• An incorrectly stated address or telephone number is likewise treated as a redirection and is charged.
• All these charges are invoiced to the Seller by the courier service, and the invoice for them is therefore passed on to the Buyer.

9.2.7. The Seller has the right to invoice the Buyer separately for the additional costs arising for the reasons set out in clauses 9.2.5 and 9.2.6 – in the same amount as the original delivery price, for each repeat delivery, redirection or return. Courier waiting time longer than 10 minutes is also charged according to the courier service’s tariffs.

9.2.8. The Buyer must state the preferred delivery day when placing the Order, in the notes field. If no preference is stated, the Goods are prepared and dispatched immediately.

9.2.9. If a shipment delivered to a parcel locker is not collected within the time limit set by the carrier, it is returned to the Seller. Such a return is also treated as a separate carriage service and is charged in accordance with clause 9.2.7.

9.3. When Goods are collected at the Seller’s premises, they must be collected by the Buyer or another person indicated when the Order was placed, after the Seller has confirmed that the Order is ready.

9.4. Where the Buyer places an Order on a business day before 10:00, the Seller or its authorised representative delivers the Goods within 2–3 business days. In the event of difficulties or a shortage of Goods, the Seller immediately informs the Buyer of a possible longer delivery period and, if this is acceptable to the Buyer, continues to fulfil the Order.

9.5. During quarantine or other emergency situations in the country, shipments are delivered within 3–10 business days.

9.6. In all cases the Seller is released from liability for breach of delivery deadlines if the Goods are not delivered to the Buyer, or are delivered late, through the fault of the Buyer or due to circumstances attributable to the Buyer.

9.7. At the time the Goods are handed over, the Buyer must, together with the Seller or its authorised representative, check the condition of the shipment and the Goods and sign the delivery–acceptance document. Once the Buyer has signed the delivery–acceptance document, the shipment is deemed to have been handed over in proper condition, without damage to the Goods other than damage caused by manufacturing defects, and without discrepancies in the composition of the Goods (of the kind that can be established by external inspection). If the Buyer notices that the packaging of the shipment is damaged (crumpled, wet or otherwise externally damaged), that the Goods are damaged and/or that the composition of the Goods is incorrect, the Buyer must record this in the delivery–acceptance document and, in the presence of the Seller or its representative, draw up a free-form act of damage/discrepancy. If the Buyer fails to do so, the Seller is released from liability towards the Buyer for damage to the Goods where such damage is not caused by a manufacturing defect, and for discrepancies in the composition of the Goods where such discrepancies could be established by external inspection.

10. QUALITY GUARANTEE, PROPERTIES OF THE GOODS AND SHELF LIFE

10.1. The properties of each of the Seller’s Goods are described generally in the product description accompanying each item.

10.2. By purchasing in the E-shop, the Buyer confirms understanding that Mr. Clay branded products are natural and vapour-permeable, absorb liquids, cannot be cleaned wet and cannot be used in places exposed to direct water. Clay plasters are not resistant to heavy abrasion, impact and similar stress.

10.3. The Seller is also not responsible for the quality of other manufacturers’ impregnation products under particular conditions; all such information is of a recommendatory nature only.

10.4. By purchasing in the E-shop, the Buyer confirms understanding that Mr. Clay branded products are natural and that the hardness/smoothness and strength of the wall depend on the mechanical working of the surface and on the tool used; minimal shedding of the marble filler is therefore possible.

10.5. The Seller is not responsible for the colour, shape or other parameter of the Goods shown in the E-shop differing from the actual size, shape and colour of the Goods due to the characteristics of the display used by the Buyer.

10.6. The quality guarantee provided by the Seller does not limit or restrict the rights which consumers have by law where Goods or services of inadequate quality have been acquired.

10.7. Where legislation establishes a shelf life for specific Goods, the Seller undertakes to sell such Goods to the Buyer in such a way that the Buyer has a real opportunity to use them before the end of that period.

11. RETURN AND EXCHANGE OF GOODS

11.1. Defects in the Goods sold are remedied, and Goods of inadequate quality are exchanged or returned, in accordance with the Civil Code of the Republic of Lithuania, the Retail Trade Rules approved by Resolution No 738 of the Government of the Republic of Lithuania of 22 July 2014, and the provisions of these Terms.

11.2. A Buyer who has been sold Goods of inadequate quality or Goods with defects has the right, at their choice, during the guarantee period (clause 10.3):

11.2.1. to require the Seller to remedy the defects free of charge (repair the Goods);

11.2.2. to require the Seller to replace the Goods of inadequate quality with Goods of adequate quality free of charge;

11.2.3. to require the Seller to reduce the price accordingly;

11.2.4. to require a refund of the price paid.

11.3. To return Goods in the cases set out in these Terms, the Buyer must contact the Seller and submit a free-form written request for the return of the Goods to vadyba@clay.lt

11.4. When the Buyer returns Goods under clause 4.2 of these Terms, the following conditions must be met:

11.4.1. the returned Goods must be in their original, undamaged packaging (this clause does not apply where Goods of inadequate quality are returned);

11.4.2. the Goods must not have been damaged by the Buyer;

11.4.3. the Goods must be unused and must not have lost their marketable appearance (labels undamaged, protective films not removed, etc.) (this clause does not apply where Goods of inadequate quality are returned);

11.4.4. the returned Goods must be of the same composition as received by the Buyer;

11.4.5. colour pigments and „Try it“ sample mixes are not returnable, as they are made to order;

11.4.6. when returning Goods, the proof of purchase and a written request for the return must be provided.

11.5. The Buyer may deliver the returned Goods personally to the Seller’s premises during the stated working hours or send them using a courier of their choice. Where Goods are returned under the right provided in clause 4.2, the Buyer bears the cost of returning the Goods.

11.6. Money for returned Goods is in all cases transferred by bank transfer and only to the payer’s bank account.

12. PROTECTION OF PERSONAL DATA

12.1. When placing an Order or subscribing to Newsletters, the Buyer must provide the Seller with personal data by which the Seller can identify the Buyer, deliver the Order, make contact if additional information is required or (where the customer has given consent) use the data for direct marketing purposes.

12.2. By placing an Order or subscribing to Newsletters, the Buyer agrees that informational messages necessary to fulfil the Order or to provide the subscribed Newsletters may be sent to the e-mail address and telephone number provided.

12.3. A Buyer who does not wish their e-mail address or telephone number to be used further for direct marketing purposes must notify the Seller.

12.4. The Seller confirms that the personal data provided by the Buyer will be processed only for the purposes of the purchase of Goods from the Seller and of direct marketing (except where the Buyer notifies, under clause 12.3, that they do not wish their personal data to be processed for direct marketing purposes). The Seller undertakes not to disclose the Buyer’s personal data to third parties, except to the Seller’s partners providing delivery or other services related to the proper fulfilment of the Buyer’s order. In all other cases the Buyer’s personal data may be disclosed to third parties only in accordance with the legislation of the Republic of Lithuania.

12.5. Personal data used by the Buyer when making transfers from their credit or debit accounts to the Seller within banking systems are processed securely using SSL (Secure Socket Layer) certificates. Full responsibility for such personal data lies with the banks used by the Buyer.

12.6. As a data subject, the Buyer has the right to obtain information on how their personal data are processed, to correct or delete them, or to object to their processing.

12.7. In order to provide the Buyer with the full functionality of the E-shop, the Seller stores information – cookies – on the Buyer’s computer (device). The Seller uses the stored information to recognise the Buyer as a previous visitor to the E-shop, to save information about items placed in the Buyer’s shopping cart, and to collect website traffic statistics. The Buyer may review what information (cookies) the Seller stores and may delete some or all of the stored cookies. The Buyer also has the right to object to the storage and use of information (cookies) on their computer (device), in which case certain functions of the E-shop may be unavailable. By accepting the Terms, the Buyer agrees to information being stored on their computer (device). The Buyer may withdraw this consent at any time by changing their browser settings or by contacting the Seller.

12.8. Any request or instruction relating to the processing of personal data must be submitted by the Buyer to the Seller in writing. Having received such a request or instruction, the Seller will provide a written reply to the Buyer within 30 (thirty) calendar days at the latest.

12.9. Participation in any of the company’s events and training courses is deemed to be consent to the public use of photographs and video material taken during the event in which participants are visible.

12.10. If the Buyer does not agree with the personal data protection provisions set out in this Section, the Buyer loses the right to use the services provided by the E-shop.

13. LIABILITY

13.1. The Buyer is fully responsible for the accuracy of the personal data provided. If the Buyer does not provide accurate personal data, the Seller is not liable for the consequences and acquires the right to claim compensation for direct losses incurred.

13.2. The Buyer is responsible for actions taken while using the E-shop.

13.3. The Seller is released from any liability where losses arise because the Buyer, disregarding the Seller’s recommendations and their own obligations, did not read these Terms even though the opportunity to do so was provided.

13.4. Where the Seller’s E-shop contains links to the websites of other companies, institutions, organisations or persons, the Seller is not responsible for the information found there or the activities carried out there, does not supervise or control those websites and does not represent those companies or persons.

13.5. The Seller is not liable for the proper performance of mutual obligations between the Buyer and the Seller’s partners whose services the Buyer orders.

13.6. Where damage occurs, the party at fault compensates the other party for direct losses.

14. NEWSLETTER SUBSCRIPTION

14.1. To subscribe to the Mr. Clay newsletter service you will need to provide the following personal information: first name, surname and e-mail address; you may also provide your telephone number.

14.2. We will use your data to provide the newsletter service.

14.3. You will receive our newsletters from the start of your subscription.

14.4. You may unsubscribe from our newsletters by sending your request to info@clay.lt. We will delete your data within 96 hours and you will no longer receive our newsletters.

14.5. We may contact newsletter subscribers at the telephone number or e-mail address given at registration regarding technical problems when our software is not working, software or web address updates or changes, verification and confirmation of the data provided in the profile form, and to learn the reasons for ending a subscription.

15. FINAL PROVISIONS

15.1. These Terms have been drawn up in accordance with the legislation of the Republic of Lithuania.

15.2. The law of the Republic of Lithuania applies to relations arising on the basis of these Terms.

15.3. All disagreements arising from the performance of these Terms are settled by negotiation. If no agreement is reached, disputes are settled in accordance with the procedure established by the laws of the Republic of Lithuania, including but not limited to:

15.3.1. the Buyer has the right to submit a request/complaint concerning Goods purchased in the E-shop to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. +370 5 262 67 51, fax +370 5 279 1466, website http://www.vvtat.lt/, and to its regional divisions);

15.3.2. the Buyer has the right to resolve a dispute using the alternative online consumer dispute resolution platform (ODR) available at https://ec.europa.eu/consumers/odr/. The contact point in Lithuania is the State Consumer Rights Protection Authority – http://www.vvtat.lt/;

15.3.3. the Buyer has the right to apply to a court in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania.

These Terms are a translation of the Lithuanian original published at clay.lt. In the event of any discrepancy between the language versions, the Lithuanian version prevails.