Terms & Conditions
1. General Provisions
1.1. These Terms and Conditions of Purchase and Sale (hereinafter referred to as the “Terms”) establish the rights, obligations and responsibilities between a person purchasing goods from the online store www.grybupasaulis.lt (hereinafter referred to as the “Buyer”) and Fungimed, MB, company code 305842286, registered office at Smėlynės sodų 1-oji g. 55, Vilnius, LT-10106, Lithuania (hereinafter referred to as the “Seller”), when the Buyer purchases goods from www.grybupasaulis.lt (hereinafter referred to as the “Online Store”). By purchasing goods from the Online Store, the Buyer agrees to these Terms.
1.2. The following persons are entitled to make purchases from the Online Store:
1.2.1. legally capable adults whose legal capacity has not been restricted by a court;
1.2.2. minors between the ages of fourteen and eighteen, only with the consent of their parents or guardians, except where they independently dispose of their own income;
1.2.3. legal entities;
1.2.4. authorized representatives of any of the persons specified above.
1.3. By agreeing to these Terms, the Buyer confirms that, in accordance with Clause 1.2, they are entitled to purchase goods from the Online Store.
1.4. The Seller reserves the right to amend, correct or supplement these Terms at any time. Buyers will be informed of changes through the Online Store. Changes take effect from the moment they are published and apply to transactions concluded after publication.
2. Personal Data Protection
2.1. Before making a purchase from the Online Store, the Buyer must provide the information necessary to complete the purchase.
2.2. By agreeing to these Terms, the Buyer understands that notifications necessary for processing the order, payment and delivery of goods will be sent to the email address provided by the Buyer.
2.3. The Buyer must provide the personal information necessary to process the purchase, payment and delivery, including their first name, last name, delivery address, telephone number and email address.
2.4. By registering, the Buyer authorizes the Seller to collect, store, organize, use and otherwise process the personal data provided during registration and use of the Online Store for the purposes specified in these Terms and the Privacy Policy.
2.5. The Buyer’s personal data will be processed in accordance with the General Data Protection Regulation (GDPR), applicable Lithuanian data protection legislation and other applicable laws governing the processing and protection of personal data. The Seller will implement appropriate organizational and technical measures to protect personal data against accidental or unlawful destruction, alteration, disclosure or other unlawful processing.
2.6. Personal data provided by the Buyer will be used only by the Seller and its partners involved in the administration of the Online Store, delivery of goods and/or other services necessary for processing and fulfilling the Buyer’s order. The Seller will not disclose the Buyer’s personal data to other third parties except where required by applicable law.
2.7. The Buyer’s personal data may be used to identify the Buyer, process sales and deliveries, issue accounting documents, refund overpayments and/or payments for returned goods, administer outstanding payments and fulfil other obligations arising from the purchase agreement.
2.8. The Buyer’s personal data may be processed for direct marketing purposes in accordance with the Privacy Policy where the Buyer has provided consent or where another applicable legal basis exists under Lithuanian law.
2.9. Where the Buyer does not wish to receive marketing communications, the Seller will not use the Buyer’s personal data for such purposes or send promotional communications, except for messages necessary to process and fulfil the Buyer’s order.
2.10. Personal data will not be retained longer than necessary for the purposes for which it was collected. Specific retention periods are described in the Privacy Policy and determined in accordance with applicable law. When personal data is no longer required for its processing purposes and/or the applicable retention period has expired, it will be deleted or otherwise disposed of in accordance with applicable requirements.
2.11. The Buyer has the right to request access to their personal data processed by the Seller, information about how it is processed, correction of inaccurate or incomplete data, and restriction of processing where personal data is processed unlawfully, subject to the rights and limitations established by applicable law.
3. Conclusion of the Purchase Agreement
3.1. The agreement between the Buyer and the Seller is considered concluded when the Buyer selects the goods, creates and submits an order through the Online Store.
3.2. Once the agreement has been concluded, the products, quantities, prices, delivery times and other conditions specified in the Buyer’s order are binding on both the Buyer and the Seller and may only be changed in accordance with these Terms.
4. Products
4.1. Information about each product offered in the Online Store is provided in the relevant product description.
4.2. Product images displayed in the Online Store are for illustrative purposes.
4.3. Unless otherwise clearly stated, products displayed in the Online Store are available for purchase. If an ordered product becomes unavailable, the Buyer will be informed without undue delay by email or other available means.
5. Buyer’s Rights
5.1. The Buyer has the right to purchase goods from the Online Store in accordance with these Terms.
5.2. The Buyer has the right to withdraw from a distance purchase agreement by notifying the Seller in writing by email and identifying the product and order number within 14 calendar days from the date the Buyer or a third party designated by the Buyer receives the goods.
5.3. The Buyer’s right of withdrawal is exercised in accordance with the Civil Code of the Republic of Lithuania and other applicable consumer protection legislation.
5.4. The Buyer is responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. Exceptions to the right of withdrawal established by applicable law also apply.
6. Buyer’s Obligations
6.1. The Buyer must pay the price of the goods, delivery charges and any other charges clearly specified when placing the order and must accept the ordered goods. Payment may be made using the payment methods available in the Online Store.
6.2. If information provided by the Buyer changes, the Buyer must update it where applicable or provide the Seller with accurate information necessary to fulfil the order.
6.3. When using the Online Store, the Buyer must comply with these Terms, other conditions clearly stated in the Online Store and applicable laws of the Republic of Lithuania.
7. Seller’s Rights
7.1. If the Buyer attempts to compromise the stability or security of the Online Store or otherwise breaches their obligations, the Seller has the right to restrict or suspend the Buyer’s access to the Online Store and, where appropriate, cancel the Buyer’s registration.
7.2. Where necessary due to significant circumstances, the Seller may temporarily suspend or discontinue operation of the Online Store.
7.3. The Seller has the right to cancel an order if the Buyer selects a payment method offered by the Online Store but fails to pay for the goods within three calendar days.
8. Seller’s Obligations
8.1. The Seller undertakes to provide the Buyer with access to the services offered by the Online Store in accordance with these Terms.
8.2. The Seller undertakes to respect the Buyer’s privacy and process personal data in accordance with Section 2 of these Terms and applicable law.
8.3. The Seller undertakes to deliver the ordered goods to the address provided by the Buyer in accordance with the delivery conditions specified in Section 10.
8.4. If the Seller is unable to deliver an ordered product, the Seller will inform the Buyer and refund payments received for the unavailable product in accordance with applicable law.
8.5. Where the Buyer validly exercises the right of withdrawal, the Seller will refund the payments due to the Buyer in accordance with applicable consumer protection legislation and the conditions set out in these Terms.
9. Ordering and Payment
9.1. The Buyer selects products in the Online Store and adds them to the shopping cart. The Buyer then provides the information necessary to purchase and deliver the selected goods, including their name, delivery address, telephone number and any additional information reasonably required to fulfil the order.
9.2. The Buyer pays for the goods using one of the payment methods available in the Online Store.
10. Delivery
10.1. When placing an order, the Buyer must provide an accurate delivery address.
10.2. The Buyer should accept the goods personally or ensure that an authorized person is able to accept them at the delivery address.
10.3. The Seller delivers goods within the timeframes indicated in the Online Store or relevant product information. Delivery periods begin after payment has been received, where advance payment is required. Delivery estimates are indicative and may be affected by product availability or circumstances beyond the Seller’s reasonable control. If delivery is significantly delayed, the Seller will contact the Buyer regarding the expected delivery.
10.4. Goods are delivered using courier, postal or parcel delivery services made available by the Seller.
10.5. The Seller is not responsible for delays caused by circumstances beyond its reasonable control or by incorrect or incomplete information provided by the Buyer, subject to mandatory consumer protection law.
10.6. Upon receiving the goods, the Buyer should inspect the external condition of the shipment and report any visible damage to the carrier and/or Seller as soon as reasonably possible.
10.7. If the package is visibly damaged at the time of delivery, the Buyer may refuse to accept it where appropriate and should document the damage.
10.8. Acceptance of a shipment without remarks does not limit any mandatory rights the Buyer may have in relation to hidden defects or non-conforming goods.
10.9. The Buyer should check whether the delivered products correspond to the order in terms of product type, quantity and completeness and notify the Seller of any discrepancy as soon as possible.
10.10. Goods are considered delivered when they are delivered to the address or collection point selected by the Buyer and received by the Buyer or another person authorized or reasonably able to receive them, subject to applicable law.
11. Returns and Exchanges
11.1. Returns, exchanges and remedies relating to defective or non-conforming goods are handled in accordance with the Civil Code of the Republic of Lithuania, applicable consumer protection legislation and these Terms.
11.2. To return goods, the Buyer should contact the Seller by email at labas@fungimed.lt and provide the relevant order information.
11.3. A consumer may exercise the statutory right of withdrawal within 14 calendar days from receiving the goods, except where an exception provided by law applies.
11.4. When returning goods, the Buyer should ensure that:
11.4.1. where reasonably possible, the goods are returned in their original packaging;
11.4.2. the goods have not been damaged by the Buyer;
11.4.3. the goods have not been handled beyond what is necessary to establish their nature, characteristics and functioning;
11.4.4. all components supplied with the goods are returned.
These requirements do not limit the Buyer’s statutory rights in relation to defective or non-conforming goods.
11.5. The Seller may apply the limitations and consequences permitted by applicable law where returned goods have been handled beyond what is necessary to establish their nature, characteristics and functioning.
11.6. The statutory right of withdrawal applies to consumers, meaning natural persons acting for purposes outside their trade, business, craft or profession.
11.6.1. The right of withdrawal does not apply in circumstances specified by applicable law, including, where relevant:
11.6.2. goods that are liable to deteriorate or expire rapidly;
11.6.3. sealed goods that are not suitable for return for health protection or hygiene reasons and were unsealed after delivery.
11.7. Defective or non-conforming goods are returned, replaced, repaired, refunded or otherwise handled in accordance with applicable Lithuanian and EU consumer protection legislation.
11.8. Refunds will normally be made using the same payment method used for the original transaction, unless another method is expressly agreed and permitted by applicable law.
12. Product Quality and Legal Guarantee
12.1. Products are covered by any applicable manufacturer’s commercial warranty and/or shelf-life information indicated in the product description or on the packaging. Consumers also retain all statutory rights relating to the conformity and quality of goods under applicable law. A commercial warranty does not limit these statutory rights.
12.2. If a product does not conform to the contract, the Buyer may exercise the remedies available under applicable consumer protection law, which may include repair or replacement, a proportionate reduction in price or termination of the contract and a refund where the statutory conditions for those remedies are met.
12.3. The Buyer understands that product packaging, colors and other visual characteristics displayed on the Online Store may differ slightly from the actual product due to the technical characteristics and display settings of the Buyer’s device. For further information about products sold through the Online Store, please contact the Seller at labas@fungimed.lt.
13. Liability
13.1. The Buyer is responsible for providing accurate information necessary for processing and delivering the order. The Seller is not responsible for consequences resulting directly from incorrect information provided by the Buyer, to the extent permitted by applicable law.
13.2. The Buyer is responsible for their actions when using the Online Store.
13.3. Neither these Terms nor any other provision of the Online Store excludes or limits rights or liability that cannot lawfully be excluded or limited under applicable consumer protection law.
13.4. Where damage occurs, liability is determined in accordance with applicable law.
13.5. Where the Buyer independently enters into a separate agreement with a third-party service provider, that provider is responsible for fulfilling its own obligations, without limiting any responsibility that the Seller cannot lawfully exclude.
14. Promotions
14.1. The Seller may offer promotions, discounts and other special offers in the Online Store.
14.2. The Seller reserves the right to introduce, modify or discontinue promotions and change product prices at any time, provided that this does not affect orders already concluded or otherwise infringe the Buyer’s statutory rights.
14.3. Unless otherwise stated in the terms of a particular promotion, discounts cannot be combined.
15. Communications
15.1. The Seller will send order-related communications to the email address provided by the Buyer.
15.2. The Buyer may send notices, requests and questions to labas@fungimed.lt.
16. Cookies
16.1. The Online Store uses cookies and similar technologies necessary for the operation of the website and may use other categories of cookies in accordance with the Seller’s Privacy Policy and applicable consent requirements. Cookies may be used, among other purposes, to maintain user sessions, remember language preferences and identify or resolve technical errors.
17. Final Provisions
17.1. These Terms have been prepared in accordance with the laws of the Republic of Lithuania.
17.2. The contractual relationship between the Buyer and the Seller is governed by Lithuanian law, without depriving consumers of any mandatory protections applicable to them under relevant law.
17.3. The parties will first seek to resolve disputes arising from these Terms through mutual negotiation. If an agreement cannot be reached, disputes will be resolved in accordance with applicable law.
17.4. Consumers may also have the right to submit complaints to the competent consumer dispute resolution authority.
17.5. If the Buyer is not satisfied with the Seller’s response to a written complaint, the Buyer may contact the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, VVTAT) in Lithuania through the contact channels published by that authority.
17.6. The Seller may amend or supplement these Terms. The version of the Terms applicable to an order is the version in force when the Buyer places that order.
17.7. For questions, complaints or assistance regarding these Terms or an order, please contact us at labas@fungimed.lt.