TERMS AND CONDITIONS OF THE ONLINE STORE PURCHASE-SALE AGREEMENT AT WWW.POPINK.COM
1. General Provisions
1.1. These Terms and Conditions of the goods purchase-sale agreement in the online store at www.popink.com(hereinafter - the "Terms") set out the general conditions for using the online store at www.popink.com (hereinafter - "Popink Store"). These Terms apply when a customer of Popink Store (hereinafter - the "Buyer") selects, orders, and purchases goods offered in the Popink Store, or otherwise uses the services provided by Popink Store.
1.2. Popink Store is an online retail store aimed at consumers who purchase goods for personal, family, or household use, unrelated to business or professional needs.
1.3. The sale of goods in Popink Store is organized and carried out, and related services are provided to the Buyer by POPINK, UAB (Company code 306701616; registered office address: Lyglaukių g. 10B-2, Vilnius) (hereinafter - the "Seller").
1.4. A "Buyer" in these Terms refers to any individual purchasing goods in the Popink Store or using other services of the Popink Store. The right to use the Popink Store and make purchases is granted to: (i) competent individuals, i.e., individuals who have reached the age of majority or emancipated individuals whose legal capacity has not been restricted by a court; and (ii) legal entities acting through authorized representatives who have registered in the Popink Store according to the procedure established in these Terms. By registering or submitting an order, the Buyer unconditionally confirms that they have the right to purchase goods from Popink Store.
1.5. Together with the order submitted by the Buyer, these Terms form a contract between the Buyer and the Seller and are a legally binding document for both parties. The contract is considered concluded when the Buyer creates and submits an order for goods in the Popink Store and makes the payment in accordance with the terms and procedure set out in these Terms.
1.6. The Buyer will not be able to place an order for goods in the Popink Store if they have not familiarized themselves with these Terms and/or do not agree with them. If the Buyer does not agree with the Terms or any part thereof, they should not place an order for goods in the Popink Store. By placing an order for goods in the Popink Store, the Buyer is deemed to have read and unconditionally agreed to these Terms. The Seller assumes no risk or liability and is unconditionally relieved from it if the Buyer has partially or completely failed to familiarize themselves with these Terms, although they were given the opportunity to do so.
1.7. The Seller reserves the right to change these Terms. In order to place an order, the Buyer must familiarize themselves with the updated version of the Terms; otherwise, the contract will not be concluded. Changes to the Terms apply exclusively to new orders and do not affect orders already placed but not yet fulfilled.
1.8. The Seller has the right to limit the Buyer's use of the services of the Popink Store and/or cancel the Buyer's registration if: (i) the Buyer fundamentally breaches these Terms, particularly if their actions or inactions pose a threat or harm to the Seller, other Buyers, or third parties, the Seller's reputation, good name, stability, or security of the Popink Store; (ii) the Buyer repeatedly breaches these Terms after being warned; and/or (iii) the Buyer fails to correct the breach of these Terms within a reasonable period indicated by the Seller after being warned.
1.9. The Seller has the right to temporarily or completely suspend the operation of the Popink Store without prior notice to the Buyer. In the event of force majeure circumstances, the Seller has the right to suspend the performance of the contract until the force majeure circumstances cease, notifying the Buyer of the suspension of the order fulfillment. If the Buyer no longer finds the subsequent fulfillment of the contract relevant, the Buyer has the right to withdraw from the contract by notifying the Seller. If the Seller suspends operations, but there is still an opportunity to fulfill confirmed orders, all rights and obligations provided in these Terms or applicable laws related to already fulfilled or pending orders remain in force.
2. Personal Data Protection
2.1. In order to use the Popink Store and purchase the goods offered there, the Buyer must complete the registration form in the Popink Store system. The registration form must include the following personal data of the Buyer: first name, last name, email address, delivery address for the goods, phone number, and other necessary details for delivering the goods. A representative of a legal entity should provide the name of the legal entity instead of the first and last name.
2.2. The Buyer is responsible for ensuring that the information provided in the registration form is accurate, correct, and complete. If any of the data provided by the Buyer in the registration form changes, they must update the information without delay. The Seller is not and will not be liable for any damages caused to the Buyer and/or third parties due to incorrect, inaccurate, and/or incomplete personal data provided by the Buyer or failure to update or complete the data when it changes.
2.3. The Buyer has the right to change, add, or delete the registration data at any time without restriction.
2.4. The Buyer's personal data will be processed in accordance with the Privacy Policy. By using the services of the Popink Store, it is considered that the Buyer agrees to the processing of their personal data and confirms that all information and personal data provided is correct and accurate.
2.5. The Buyer's personal data will be used for the purpose of identifying the Buyer, determining whether the Buyer and the person to whom the goods are delivered are competent, carrying out the sale and delivery of goods, issuing accounting documents, refunding overpayments and/or money for returned goods, managing debts, fulfilling other obligations arising from the purchase-sale agreement, and ensuring the Buyer’s ability to use other services of the Popink Store.
2.6. The Buyer's personal data will be processed for direct marketing purposes only if the Buyer gives consent.
2.7. The Buyer has the right to prohibit the collection and processing of their personal data at any time, except in cases where it is necessary for the fulfillment of obligations arising from the purchase-sale agreement or for the fulfillment of an order.
3. Prices of Goods and Payment Procedure
3.1. The prices of goods in the Popink store and in the order confirmation are stated in euros, including VAT. The goods are sold to the Buyer at the prices valid in the Popink store at the time of placing the order.
3.2. The Buyer can pay for the goods using one of the following methods:
(i) Credit or Debit Card Payment – This is a prepayment method using the Buyer’s credit or debit card (Visa, Mastercard, Amex). When paying via this method, the Buyer is redirected to a secure payment page hosted by a certified payment provider.
(ii) Electronic Bank Transfer – The Buyer can make payment using online banking services provided by Swedbank, SEB, Luminor, Citadele, Šiaulių Bankas, Revolut, Urbo, Wise, LPB, or N26. The Buyer will be redirected to the respective bank’s secure page to complete the transaction.
(iii) Apple Pay and Google Pay – The Buyer can make payment using Apple Pay or Google Pay digital wallets. These methods allow secure and convenient transactions through supported devices. The Buyer will be prompted to authenticate the payment via the respective digital wallet application.
(iv) Payments are processed using the MakeCommerce.lt payment platform.
Currency: All payments are made in euros (€).
Refund Policy:
In case of order cancellation or product return, refunds will be made to the Buyer’s original payment method. The refund will be processed in the same currency (EUR) and will include the full amount paid for the products, excluding shipping fees (unless the goods were returned due to seller fault or faulty products). The refund will be issued within 14 (fourteen) calendar days after the Seller receives the returned products or the Buyer provides evidence of sending the products back.
4. Delivery of Goods
4.1. The Popink Store operates in specified areas and goods are delivered according to the terms and methods outlined on the Popink Store website. The trade area is determined unilaterally by Popink. Goods are delivered by the Seller or its authorized representative.
4.2. A delivery fee is applied for the goods, as specified in the Popink Store website's "Delivery Information" section, and is applicable at the moment the order is placed. The delivery fee can be either fixed or depend on the value of the goods ordered and/or the delivery time.
4.3. When placing an order, the Buyer is obligated to specify the correct delivery address for the goods.
4.4. The goods ordered by the Buyer are delivered to the address registered by the Buyer in the Popink Store system. The Buyer is obligated to receive the goods personally. If the Buyer or recipient is not found at the specified delivery address, the Seller has the right to deliver the goods to any other competent person at the address provided, and the Buyer is not entitled to raise any claims against the Seller for delivering the goods to an incorrect recipient.
4.5. If the delivery of goods is impossible due to the Buyer’s fault or due to circumstances within the Buyer’s control (e.g., the Buyer provided an incorrect address, the Buyer or recipient is not found at the address, the recipient is a minor, the Buyer provided an invalid ID or refused to present identification when the Seller must verify the age of the recipient according to applicable laws or these Terms), the goods will not be re-shipped (unless the Buyer pays for the repeated delivery), and any advance payments made for the goods will be refunded minus the delivery fee.
4.6. In all cases, the Seller is released from liability for failure to meet delivery deadlines if the goods are not delivered or are delivered late due to the Buyer’s fault or circumstances within the Buyer’s control.
4.7. If, upon receiving the goods, the Buyer notices a discrepancy in the assortment of goods (e.g., if the package does not contain the correct quantity or the delivered goods do not match the order), the Buyer must inform the Seller within a reasonable time from the date of delivery. If the Buyer determines that the delivered goods are of inadequate quality, the Buyer has the right to submit a complaint about the quality of the goods within 2 (two) years from the date of receiving the goods (statutory warranty applies).
5. Quality of Goods and Suitability for Use
5.1. The general characteristics of all goods sold in the Popink store are specified in the product description for each item.
5.2. All goods sold in the Popink store are of high quality, new (unless otherwise indicated in the product description, e.g., marked as defective, damaged, or with a loss of packaging appearance, etc.), and stored in proper storage conditions. However, a product shall not be considered defective if it shows minor packaging or transportation damage.
5.3. In cases where the Seller does not provide a quality warranty for certain types of goods, the warranty provided by relevant legal acts applies.
5.4. In cases where a specific use-by date is determined for certain products by law, the Seller undertakes to sell such goods to the Buyer in a manner that allows the Buyer to use the goods before the expiration of the use-by date.
5.5. The Buyer must inform the Seller about any defective goods received by email at info@popink.com within the timeframes specified in section 4.7 of these Terms.
6. Cancellation of the Contract. Exchange and Return of Goods
6.1. The Buyer has the right to withdraw from the sales contract for goods concluded in the Popink store by notifying the Seller in writing no later than 14 (fourteen) calendar days from the date of delivery of the goods. The Buyer must send a written notice of withdrawal and any other information specified by the Seller (product name, date, series, and number of the purchase confirmation document) to the Seller by email at info@popink.com with the subject “Returning Goods.”
6.2. After submitting the written notice of withdrawal and other required information as outlined above, the Buyer must return the goods to the Seller no later than 14 (fourteen) calendar days after notifying the Seller, following the product exchange and return procedure set out in section 6.4 of these Terms. In this case, the Buyer is responsible for the direct costs of returning the goods.
6.3. According to the provisions of the Civil Code, the following goods are non-returnable and non-exchangeable even if they are of good quality: (i) Goods made according to the specific instructions of the consumer, which are not pre-manufactured and are made based on the consumer’s personal choices or instructions, or goods clearly adapted to the consumer's personal needs; (ii) Perishable goods or goods with a short shelf life; (iii) Goods that have been packaged and opened after delivery and cannot be returned for health or hygiene reasons.
6.4. Goods of good quality, for which the Buyer has withdrawn from the sales contract, may be exchanged or returned according to the provisions of the Civil Code. The Buyer must contact the Seller by email at info@popink.comregarding the exchange or return of goods. When returning or exchanging goods purchased from the Popink store, the Seller has the right to request that the Buyer fill out the product return or exchange form provided by the Seller.
6.5. Returned or exchanged goods must be undamaged, with their original appearance (tags still attached, protective film unpeeled, etc.), in resalable condition, and unused. The product must be returned in its original packaging, in the same set as it was received by the Buyer, and must include the purchase document and any accessories. If the product is incomplete, damaged, untidy, or not properly packaged, the Seller has the right to refuse the return, exchange, or refund of the money paid by the Buyer.
6.6. The money paid for goods that the Buyer has accepted but later withdrawn from, excluding any shipping fees, will be refunded to the Buyer no later than 14 (fourteen) calendar days from the date the Seller receives the notice of withdrawal. The refund will be made using the same payment method that the Buyer used to pay the Seller, unless the Buyer explicitly agrees to another method. The Seller may withhold the refund until the goods are returned to the Seller or until the Buyer provides proof that the goods have been returned, whichever occurs first.
6.7. Defective goods must be returned to the Seller, and the money paid by the Buyer for the goods and their delivery will be refunded to the Buyer in accordance with the procedures outlined in this section of the Terms.
6.8. The Seller has the right to refuse to accept returned goods from the Buyer if the Buyer does not follow the return procedure established in this section of the Terms.
7. Refund Policy
7.1. If the Buyer cancels the purchase within the 14-day period or returns goods that are unused and in resalable condition, the Seller will refund the Buyer the full amount paid for the goods, excluding any shipping fees. Refunds will be processed within 14 calendar days after receiving the returned products or after receiving proof of shipment from the Buyer.
7.2. Refunds will be processed to the same payment method used by the Buyer (Credit Card, Bank Transfer, or Payment Service Provider). No additional charges will be imposed on the Buyer. If the original payment method is unavailable, the Buyer and Seller may agree on an alternative refund method.
7.3. The Buyer is responsible for the costs of returning the goods. If the Buyer fails to return the products within the specified timeframe, the refund will not be processed until the goods are received by the Seller or sufficient evidence of return is provided by the Buyer.
8. Exchange of Information
7.1. The Seller sends all notifications to the email address provided by the Buyer in the registration form.
7.2. The Buyer sends all notifications and questions to the Seller using the contact details provided in the "Contact" section of the Seller’s online store.
9. Final Provisions
8.1. These Terms are drawn up in accordance with the legal acts of the Republic of Lithuania.
8.2. The laws of the Republic of Lithuania apply to the relationships arising from these Terms.
8.3. In the event of damage, the responsible party shall compensate the other party for both direct and indirect losses in accordance with the laws and regulations of the Republic of Lithuania.
8.4. All disputes arising from the performance of these Terms shall be resolved through negotiations. If the parties fail to reach an agreement, disputes shall be settled in accordance with the laws of the Republic of Lithuania.
8.5. Each Buyer has the opportunity to resolve disputes with the Seller without going to court. First, the Buyer must contact the Seller in writing. If the Seller does not respond to the Buyer’s complaint or fails to address it satisfactorily within 14 (fourteen) calendar days of receiving the complaint, the Buyer may refer the matter to an out-of-court body dealing with consumer disputes, such as the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, phone: +370 52 626 751, website: www.vvtat.lt), or to its territorial divisions, or fill out a complaint form on the EU ODR platform: http://ec.europa.eu/odr/.