Terms and conditions for the purchase and sale of goods

1.1. e-shop - the online shop of avocadoobaldai, accessible at https://avokadobaldai.lt

1.2 Customer - a person who purchases goods and related services in the Shop.

1.3. the Seller - UAB "Avokado Baldai", legal entity code 306160349, registered office address Varnės g.9a-3, Vilnius, Republic of Lithuania, bank account No. LT767290099065709200, tel. +37063602018, email [email protected]when the goods are purchased in the E-shop or by electronic means - telephone or email.

1.4. Shop - E-Shop.

1.5 Contract - a contract for the sale of Goods between the Seller and the Customer.

1.6 "Terms and Conditions" means these Terms and Conditions of Sale.

1.7 "Consumer" means a natural person who purchases goods from the Shop, as well as related services, for his/her own personal, family or household needs, for purposes unrelated to his/her business, trade, craft or profession.

2.1 These Terms and Conditions are a binding legal document setting out the rights and obligations of the Seller and the Customer, the procedure for the purchase, payment and delivery of the Goods and the related Services, the liability of the parties and other provisions relating to the purchase and sale of the Goods and the related Services.

2.2 The Customer may only purchase the Goods and related services after agreeing to and reading these Terms and Conditions, which are also available at https://avokadobaldai.lt./taisykles/, and the Seller's privacy policy, which is published at https://avokadobaldai.lt/privatumo-politika. By accepting these Terms and Conditions and the Privacy Policy, the Client confirms that he/she has read these documents and undertakes to comply with them, and the Client is deemed to have been duly informed about the processing of the Client's personal data and his/her rights as a data subject.

2.3.All terms and conditions of sale shall be provided prior to the conclusion of the Contract. Upon conclusion of the Contract, the Customer shall be deemed to have read these Terms and Conditions and the Seller's Privacy Policy in writing.

3.1 The Contract between the Customer and the Seller shall be deemed to have been concluded when:

3.1.1.When ordering the Goods in the E-shop, the Customer shall, following the instructions provided in the E-shop, form a shopping cart, specify the delivery address, fill in the required information, confirm his/her acceptance of these Terms and Conditions and the Seller's Privacy Policy, choose the payment method and order the Goods and related services, and the Seller shall confirm the order of the Goods and related services by sending the order information and confirmation notice to the email address specified by the Customer.

3.1.2.When ordering the Goods by other means of electronic communication (by telephone or e-mail), the Customer shall receive an invoice issued by the Seller by e-mail, in accordance with which the Customer shall pay the full price of the Goods or the advance payment specified in the Seller's invoice.

3.2 The Seller may refuse to confirm the Customer's order if the Customer does not fulfil all the conditions of the order, the Seller does not have the Customer's desired goods or for any other reason. If the Seller refuses to confirm the Customer's order, the deposit paid by the Customer shall be returned to the Customer.

3.3 Once the Customer's order has been confirmed, the Seller shall commence execution of the order.

3.4 The Contract shall remain in force until the obligations hereunder have been fully performed. The Contract shall be deemed to have been performed when the Goods have been handed over to the Customer in accordance with the procedures set out in the law and these Conditions and the related services have been provided, and the Customer has paid in full for the Goods handed over and the related services provided.

4.1 The prices of goods and services shall be quoted in euros (EUR) inclusive of value added tax.

4.2 The Goods shall be sold to the Customer at the prices prevailing in the Shop at the time of placing the order.

4.3:

4.3.1. immediately after placing an order using electronic banking when ordering goods in the E-Shop

4.3.2. cash on delivery

4.3.3. payment by bank transfer when purchasing goods in the E-Shop.

4.4 The Seller may require the Customer to pay an advance payment for certain Goods, the amount of which shall be specified at the time of placing the order. The balance shall be paid in accordance with the procedure set out in Clause 4.3 of the Conditions. Where an advance payment is required, the Order shall commence and the Contract shall be deemed to have been concluded only on payment of the advance payment (unless the Customer pays the full price of the Goods). Advance payment is mandatory:

4.4.1. when placing an order by electronic means, where the advance payment is indicated at the time of placing the order.

4.5 Failure by the Client to pay the Advance Payment by the due date shall be deemed to be a repudiation of the Contract by the Client.

4.6 The Seller shall retain ownership of the Goods until full payment for the Goods has been made and the Goods have been collected or handed over to a carrier of the Customer's choice, if the Customer arranges the carriage of the Goods himself. The risk of accidental loss of or damage to the goods shall pass to the Customer upon delivery of the goods to the Customer or handover to a carrier of the Customer's choice if the Customer arranges the carriage of the goods.

4.7 If the Seller discovers an error in the price in the Shop or in the invoice submitted to the Customer, the Seller shall immediately inform the Customer if the Customer has placed an order based on the incorrect price. In such a case, the Customer shall have the right to cancel the order or reconfirm the order at the correct price within 5 (five) days of receipt of the Seller's notification of the price error. If the Customer refuses to reconfirm the order at the correct price, the Customer shall be deemed to have withdrawn from the Contract and the Seller shall reimburse to the Customer the sums paid by the Customer within 14 (fourteen) days.

5.1 When ordering the Goods, the Customer may choose one of the following methods of delivery of the Goods: (i) use the Seller's paid delivery service or (ii) collect the Goods free of charge from the Collection Centre.

5.2. if the Customer chooses a delivery service at the time of order:

5.2.1 The Customer must provide the exact location of the delivery of the Goods and his/her telephone number;

5.2.2 The Customer must take delivery of the Goods himself. The Customer must present a valid proof of identity (ID card, passport or new driving licence) when accepting the goods. If the Customer is unable to accept the Goods himself and the Goods are delivered to the address specified by the Customer, the Customer shall not have the right to claim against the Seller for delivery of the Goods to the wrong person;

5.2.3. the Goods shall be delivered to a point where a freight vehicle can reach;

5.2.4 The delivery service fee does not include the collection of the goods - the Customer may order this service additionally.

5.3. if the Buyer chooses to collect the Goods from the Collection Centre at the time of order:

5.3.1.The Customer must collect the ordered goods no later than within 2 (two) working days after the Seller has informed the Customer by e-mail or telephone that the goods are available for collection;

5.3.2 Goods may only be collected by the person who placed the order or the person specified at the time of placing the order. When collecting the Goods, it is necessary to carry and present to the Seller's representative (partner) a valid identity document (ID card, passport or new driving licence).

5.4 The parties (the Seller's representative (partner) and the Customer or a person authorised to accept the Goods on behalf of the Customer) shall certify the transfer of the Goods by signatures on the relevant documents accompanying the Goods and submitted by the Seller.

5.5 At the time of delivery of the Goods, the Customer (or a person who may accept the Goods on behalf of the Customer) shall inspect the Goods (possibly in the presence of the person who delivered the Goods) and sign the handover - acceptance of the Goods and other documents specified by the Seller. If the Customer notices any defects in the Goods and/or their packaging (scratches, scuffs and other externally visible defects, as well as non-compliance with the terms of the order, etc.), the Customer must immediately inform the Seller in writing and, if possible, retain the packaging of the Goods.

5.6 If the Customer fails to deliver the Goods (where the Customer chooses the method of delivery provided for in Clause 5.2 of the Terms and Conditions), the Seller shall contact the Customer to arrange a different time and/or method of delivery of the Goods and to pay for the re-delivery of Goods. If the Customer is still unable to deliver the Goods, the Seller shall notify the Customer by email of the obligation to collect the Goods from the relevant collection centre and shall specify the date, time, place and/or other conditions for collection. The Customer shall pay the Seller EUR 5.00 (five Euros 00 ct) for the storage of each Goods for each day until the day of collection. If the Customer fails to collect the Goods for more than 30 (thirty) days, such Goods shall be returned to the Seller, the Customer's order shall be cancelled and the Customer shall be refunded the money paid for the Goods within 5 (five) days, less any bank charges applicable to the Seller for bank transfers made, the delivery charge, if applicable, and the storage costs.

5.7 The Seller shall deliver the Goods to the Customer within the time limits set out in www.devas.avokadobaldai.lt and/or in the product descriptions. These deadlines are provisional and do not apply in cases where the Seller's warehouse does not have the required goods and the Customer is informed of a shortage of the goods ordered. By accepting these Terms and Conditions, the Customer agrees that in the event of unforeseen circumstances beyond the control of the Seller, the delivery dates may be delayed. In such event, the Seller shall immediately contact the Customer to agree delivery dates and, if necessary, other terms.

5.8 In all cases, the Seller shall be exempt from liability for breach of the time limit for delivery of the Goods if the Goods are not delivered to the Customer or are not delivered on time due to the fault of third parties or circumstances beyond the control of the Customer.

6.1. The User shall have the right, without stating a reason, to have the goods delivered to the User prior to the delivery of the goods, as well as within 365 calendar days from the date of receipt/delivery of the goods, or (ii) if the User has ordered more than one item in one order and the goods are delivered separately, from the last day of receipt/delivery, or (iii) if the goods are delivered in different batches or instalments, from the date of receipt of the last batch or instalment, to withdraw from the Contract concluded by means of electronic communication (E-shop, telephone, e-mail), unless the goods are considered individual and have not yet been handed over to the User. The User may withdraw from a Contract concluded by electronic means of communication by sending a free-form withdrawal notice to [email protected] making clear the User's intention to withdraw from the Contract. When withdrawing from the Contract, the User must also provide the Seller with the purchase documents (invoice, payment card statement, payment card reader receipt, etc.), enclosing a copy of them with the withdrawal notice sent by e-mail.

6.2.If the User has given notice of withdrawal by electronic means, the Goods must be sent to the Seller no later than within the withdrawal period provided for in Clause 6.1 of the Rules, subject to the Seller agreeing a time for delivery. The User shall be responsible for the proper packaging of the goods for return. The direct costs of returning the goods shall be borne by the User, unless otherwise specified by the Seller.

6.3. the money for the returned goods from which payment was made, or if payment was not made by payment order, to the account specified in the User's notice of withdrawal from the Contract, not later than 14 (fourteen) days from the day on which the Seller received the User's notice of withdrawal from the Contract, or, if the goods have been delivered to the User, the day on which the goods are returned to the Seller.

6.4 The User may exercise the right to withdraw from the Contract only if the conditions set out in sub-clauses 7.3.1 to 7.3.3 of the Rules are also met.

7.1 In cases other than withdrawal from the contract, if the User does not like the shape, size, colour, model or completeness of the goods, he/she may exchange or return the goods in accordance with the procedure set out in the Rules and the law.

7.2.Goods that have been manufactured according to the specifications provided by the User or have been manufactured to meet the User's individual needs (non-standard dimensions, colour of the cover, bed with selected fabric, etc.), as well as goods that cannot be exchanged or returned under the legislation or that can only be exchanged or returned with the consent of the Seller may not be exchanged or returned, unless the Seller states otherwise.

7.3 When exchanging or returning quality goods, the User must comply with the following requirements:

7.3.1.The returned product must be in its original, undamaged packaging.

7.3.2.The returned goods must be unused, unpacked, in good condition, preserving their usable qualities and undamaged.

7.3.3.3.The returned goods must be in full and in the same condition (including gifts and other accessories) as received by the User.

7.3.4.The Goods to be exchanged or returned must be accompanied by the documents evidencing their purchase (invoice, payment card statement, payment card reader receipt, etc.) and the Goods Return Form, which will be completed by an Avocado Furniture representative at the time of exchange or return.

7.3.5. the Goods are not included in the list of Goods that cannot be exchanged or returned as set out in Clause 7.2 of the Rules.

7.4 The Seller shall not accept goods that do not comply with the requirements of Clause 7.3 of the Rules and the goods referred to in Clause 7.2 of the Rules, nor shall the Seller refund the money paid by the User for such goods.

7.5 By exchanging or returning a quality product, the User agrees that the exchanged or returned product shall be reassessed by the Seller's representatives. At the Seller's request, the User shall give the Seller the opportunity to evaluate the product at the place of delivery or at any other place where the product is located. If the Goods do not meet the requirements set out in these Conditions, they shall be returned to the User. In this case, the Seller shall immediately contact the User using the contact details provided by the User in order to determine the manner of transfer of the goods to the User. If the goods being exchanged or returned do not comply with the requirements set out in these Terms and Conditions and the User refuses to accept the returned goods or fails to return the goods to the User for reasons beyond the Seller's control, the Seller shall keep the goods for a period of no more than 30 (thirty) calendar days from the date of the Seller's last contact or attempt to contact the User regarding the manner of delivery of the goods.

7.6.The money for the returned goods that meet the requirements of Clause 7.3 of the Terms and Conditions shall be refunded within 14 (fourteen) days from the date of return of the goods to the Seller.

7.7 In the event of an exchange or return, no refund will be made for any additional services provided (e.g. delivery charge, re-delivery charge, etc.).

7.8 Before exchanging or returning an item, the User shall contact by electronic means (E-store, telephone or e-mail), by telephone +37063602018 or by email [email protected] and agree on the terms of exchange or return.

7.9 You must contact us within 14 days for the return of quality goods

7.10.The Consumer shall pay the cost of returning or replacing the goods if the goods are replaced or returned through no fault of the Seller and the Seller, if satisfied that the goods are being replaced or returned due to faulty quality, shall reimburse the Consumer for the cost of replacement or return, except for the exceptions provided for in the Rules.

8.1.The colour, shape or other parameters of the goods in the E-shop may not correspond to the actual shape and colour of the goods due to the characteristics of the display or other electronic devices used by the Customer.

8.2 In the event of purchase of goods of inadequate quality, the Customer shall have the rights set out in the legislation.

8.3 During the period of validity of the warranty, the Customer shall have the right to demand that the defects in the goods be rectified free of charge, to replace the defective goods with analogous or other quality goods, to demand a reduction in the price of the goods, or to return the goods to the Customer and to recover the money paid for them. The Customer shall not be entitled to terminate the Contract on the grounds of minor defects which do not have a material effect on the functionality of the goods, such as minor scratches, slight differences in colour or unevenness of the surface caused during manufacture or transport. A minor defect does not render the product unsuitable for return, but may lead to an individual assessment in exceptional circumstances. If the Customer wishes to exchange the faulty product for a new, more expensive product, the Customer shall pay the difference in the increased price.

8.4 In the event of a replacement, the goods shall be delivered within 30 (thirty) calendar days at the latest, or 33 (thirty-three) working days from the date of acceptance of the Customer's order, if the goods are to be manufactured.

8.5 Before returning the product, the Customer shall contact the Customer by electronic means (in the E-Shop, by telephone or by e-mail), by telephone +37063602018 or by email [email protected] and agree on the conditions for returning the goods.

8.6 Before replacing the Goods, the Seller shall be entitled to evaluate the Goods in accordance with the procedure set out in 7.5 of the Conditions.

9.1 The Goods shall be warranted for 24 (twenty-four) months, unless otherwise specified by the Seller.

9.2 The guarantee is subject to the following purchase documents: the contract of sale, the receipt for payment of the money and photographs of the manufacturer's furniture labels.

9.3 Please notify us of any defect found during use [email protected] by phone +37063602018. We will inform you of the decision immediately by the means of the contact details you provide. Replacement, return or rectification of defective goods is subject to the retail rules.

9.4 The term and conditions of the commercial guarantee of the Goods are set out in the instructions for the Goods, which the Customer receives with the Goods, or in another separate document accompanying the Goods. The warranty period shall commence from the date of delivery of the Goods or handover to the Customer if the Customer collects the Goods himself.

9.5 Once the warranty has been exercised, the warranty period for that product shall not start anew - the warranty period shall run from the date of original delivery or handover to the Customer. The period during which the Customer has been unable to use the item due to defects shall not be added to the warranty period.

9.6 Recommendations for the use of the Product and general terms and conditions of warranty are provided with the Product.

9.7 The Seller has explained to the Customer and the Customer understands that a new mattress or furniture, like all new items (e.g. shoes), has a specific smell which is caused by the use of new raw materials, such as polyurethane, latex, fabrics etc. This is harmless to human health and disappears over time.

9.8 The Seller's goods (e.g. mattresses, mattress pads, pillows) are hygiene products. In the event of damaged polyethylene packaging, no exchange and/or return, including during the trial period, is possible (applies to mattresses without protective or hygienic cover).

9.9 Legal persons are not covered by the guarantee.