Terms of service

Definitions

  1. The Data Controller and operator of the website www.andgoodagain.com (hereinafter referred to as the Seller) is MB Kedų Kultūra, company code 304866124, VAT payer code LT100013601212, office address Sodų g. 8A, LT-01313 Vilnius, Lithuania, email address – hello@andgoodagain.com.
  2. Buyer – a legally capable physical person or a company which purchases Goods from the online store www.andgoodagain.com.
  3. Parties – the Buyer and the Seller together.
  4. &GoodAgain – the online store available at the web address www.andgoodagain.com.
  5. Personal Data – any information relating to an identified or identifiable physical person (data subject), whose identity is known or can be directly or indirectly determined using data such as personal identification number, or one or more characteristics specific to physical, physiological, psychological, economic, cultural, or social identity.
  6. Goods – any items sold in the online store &GoodAgain. In these Terms, the words “good” or “goods” refer to both singular and plural.
  7. Terms and Conditions of Sale (hereinafter referred to as the Terms) – these regulate the rights and obligations of the Buyer and Seller, the prices of Goods, payment procedures, terms, delivery, quality guarantees of Goods, return and exchange of Goods, and responsibilities.
  8. Privacy Policy – a document approved by the Seller that outlines the main rules for the collection, accumulation, processing, and storage of Personal Data when using the &GoodAgain online store.

General Provisions

  1. These Terms and Conditions of Sale, once confirmed by the Buyer (by reviewing the Terms and checking the box next to the statement "I have read and agree to the terms and conditions of the website"), constitute a legally binding document for both parties. It sets out the rights and obligations of the Buyer and the Seller, the conditions for purchasing and paying for Goods, the procedures for delivery and return of Goods, the responsibilities of the parties, and other provisions related to the purchase and sale of Goods in the online store.
  2. The Seller reserves the right to change, amend, or supplement the Terms at any time, by the requirements established by legal acts.
  3. By confirming the Terms, the Buyer affirms that they have the right to purchase goods from the &GoodAgain online store.
  4. We also inform you that these Terms may be amended due to changes in legal regulations. Each time you order Goods, we recommend reviewing the Terms to ensure that the Buyer fully understands the conditions under which the order will be placed in each specific case.
  5. The Buyer must familiarize themselves with the Privacy Policy approved by the Seller. The Buyer expresses their agreement or disagreement with specific methods of using their Personal Data by the procedure outlined in the Privacy Policy.
  6. If the Seller is entitled or obligated to provide documents or information to the Buyer via email, in all cases, the Buyer is responsible for providing the Seller with a valid and personally owned email address.

Privacy Policy

  1. MB Kedų kultūra, while conducting e-commerce, adheres to the Personal Data Protection Act of the Republic of Lithuania, the General Data Protection Regulation (EU) 2016/679, and other legal acts that establish the processing, storage, compliance, and implementation of personal data.
  2. The Privacy Policy is an integral part of the Terms and Conditions. 

Goods

  1. The product images presented in the online store are for illustrative purposes. Although the Seller has made every effort to ensure that the product colors are displayed as accurately as possible, the Seller cannot guarantee that the colors on the buyer's device screen will exactly reflect the colors of the products. The Buyer understands that the products may slightly differ from their images.
  2. The packaging of the Goods (if applicable) may slightly differ from what is shown in the images on the online store.
  3. All Goods available in the online store are accessible to the Buyer. If the ordered Good is no longer available, the Buyer will be immediately notified via email or other means (such as a phone call and/or SMS message), and the execution of the order for such Good will be cancelled.
  4. The contract between the Buyer and the Seller is considered concluded from the moment the Buyer selects the Good(s) they wish to purchase and forms the shopping cart, then clicks the "Buy" link, and when the Seller informs the Buyer via email, confirming the order by sending an order confirmation email.
  5. Each purchase-sale contract concluded between the Buyer and the Seller is registered and stored in the online store's database.

Buyer’s Rights

  1. The Buyer has the right to access their personal data and the right to request the correction of inaccurate, incomplete, or incorrect personal data by sending an email to hola@andgoodagain.com. In this case, the Seller must implement the buyer's request promptly (within 1-2 business days).
  2. The Buyer has the right to cancel the purchase agreement and return the Good only if the Good has not been damaged or its appearance has not significantly changed, and it has not been used and remains in its original packaging, if it has one.
  3. If the Buyer purchases a Good of inadequate quality from the &GoodAgain online store, they have the right to request the Seller to replace the Good with a Good of adequate quality (if available) or to return the Good.

Buyer's Obligations

  1. The Buyer is obliged to pay for the Goods and accept them by the procedures established by these Terms and Conditions.
  2. If the information provided by the Buyer in the order form changes, they must immediately inform the Seller about the changes.
  3. The Buyer, when using the &GoodAgain online store, agrees to comply with these Terms, other conditions clearly stated on the online store, and not to violate the laws of the Republic of Lithuania.

Seller’s Rights

  1. The Seller has the right to set a minimum order value at its discretion, i.e., a minimum amount that must be reached for the Buyer’s order to be processed. The amount of this minimum can be displayed when reviewing the shopping cart.
  2. If the Buyer attempts to harm the stability and security of the online store or violates their obligations, the Seller has the right to immediately and without warning restrict or suspend the Buyer’s access to the online store.
  3. In case of significant circumstances, the Seller may temporarily or permanently suspend the operation of the online store without prior notice to the Buyer. In such cases, all accepted and confirmed orders from Buyers will be completed, while new orders will not be accepted.
  4. The Seller has the right to cancel the Buyer's order without prior notice if the Buyer, choosing payment via electronic banking, fails to pay for the Goods.
  5. The Seller may conduct various types of marketing campaigns and, with the prior consent of the Buyers, inform them about these campaigns by sending information to the contact details provided by the Buyers. The Seller also has the right to unilaterally change the terms of the marketing campaigns in question at any time, without separate notice, and to terminate campaigns that have already started.
  6. The Seller, due to important reasons, if unable to fulfill the order on time and properly, reserves the right to change the delivery terms and time, or cancel the order, immediately informing the Buyer and refunding the payment.

Seller's obligations

  1. The Seller undertakes to provide the Buyer with the opportunity to use the services offered by the online store www.andgoodagain.com under the conditions outlined in these Terms and Conditions and the online store.
  2. The Seller undertakes to respect the Buyer's right to privacy regarding their personal information, i.e., to process the Buyer's provided Personal Data by the laws of the Republic of Lithuania.
  3. The Seller undertakes to deliver the Goods ordered by the Buyer to the address provided by the Buyer, under the specified conditions.
  4. If the Seller is unable to deliver the ordered Goods to the Buyer due to important circumstances, the Seller undertakes to refund the Buyer the paid amount within 14 working days if the payment was made in advance, and if no payment was made, to cancel the order.
  5. When the Buyer returns the Goods, the Seller undertakes to refund the amount paid by the Buyer within 14 working days from the day the Goods are returned to the Seller.

Prices of Goods, Payment Terms and Deadlines

  1. The prices of Good in the online store and the confirmed order are indicated in euros, including 21% VAT.
  2. The Good price, once the Seller has confirmed the order, cannot be changed, except in cases where the price of the Good has changed due to a technical error in the information systems or other objective reasons beyond the Seller’s control. In such cases, if the Buyer does not agree to purchase the Good at the new price, the Buyer can cancel the order by notifying the Seller within 2 (two) business days. If the order is cancelled under this procedure, the Buyer will be refunded the full amount paid.
  3. The Buyer pays for the Goods using electronic banking.
  4. The Buyer agrees to pay for the Goods without delay. The order will only be processed once the payment is completed.
  5. Payments can be made using the electronic banking services of Swedbank, SEB, Luminor, Citadele, and Šiaulių Bankas. Payments are made in euros. Transactions are processed through the OPAY payment platform.
  6. The Seller reserves the right to require the Buyer to sign a product order agreement.
  7. VAT invoices will include the selected Goods, their quantity, applicable discounts, the final price of the Goods, including all taxes, and other details required by accounting regulations and the applicable legal framework.

Delivery of Goods

  1. The Buyer, when ordering Goods, can choose the method of delivery, i.e., by using the delivery service provided by the Seller or by picking up the Goods at the Seller's designated pickup point.
  2. The Buyer, when ordering Goods, is obligated to provide the exact delivery location for the Goods.
  3. The Buyer agrees to accept the Goods personally. In cases where the Buyer cannot accept the Goods personally, and the Goods are delivered to the specified address and based on other data provided by the Buyer, the Buyer has no right to make claims against the Seller for delivering the Goods to the wrong recipient.
  4. The Goods are delivered by the Seller or an authorized representative.
  5. The delivery price depends on the delivery method chosen by the Buyer.
  6. The Seller reserves the right to change the delivery fee and the purchase amount threshold for free delivery. The current rates are indicated in the order creation window, so the Buyer has the opportunity to review them before confirming the order.
  7. The Goods can be picked up by the Buyer or another authorized person presenting the order details.
  8. The Seller will provide the Goods to the Buyer according to the shipping policy indicated in the online store. The delivery times provided are approximate and do not apply in cases where the required Goods are unavailable in the Seller's warehouse, and the Buyer is informed of the shortage of the ordered Goods. Additionally, the Buyer agrees that, in exceptional cases, the delivery of Goods may be delayed due to unforeseen circumstances beyond the Seller's control. In such cases, the Seller is obligated to contact the Buyer immediately and agree on the delivery conditions.
  9. The Seller is not responsible for changes in the characteristics of the Goods that may occur due to temperature fluctuations or other factors beyond the Seller's control during delivery. The Seller is also not liable for any damage incurred during transportation.
  10. In all cases, the Seller is exempt from liability for delays in delivering the Goods if the Goods are not delivered or are delivered late due to the Buyer’s fault or circumstances beyond the Buyer’s control.
  11. Upon the delivery of the Goods, the Buyer is required to check the condition of the package and the Good(s) together with the Seller or the authorized representative and sign the delivery acceptance document. Once the Buyer signs the delivery acceptance document, it is considered that the shipment has been delivered in proper condition, and there are no Good defects that are attributable to anything other than a manufacturing fault, as well as no discrepancies in the Good(s) assembly (such discrepancies that could be identified through external inspection of the Goods). If the Buyer notices that the shipment packaging is damaged (crushed, wet, or otherwise externally damaged), or the Goods are damaged and/or the Goods are incorrectly assembled, the Buyer is obligated to mark this on the delivery acceptance document.

Return and Exchange Policy

  1. Pre-owned Goods purchased from &GoodAgain.com are non-returnable. The Buyer must carefully review the Goods and assess their condition before placing the order, as returns are only possible in exceptional cases outlined below.
  2. Used Goods can only be returned under the following circumstances:
    • If the Good has defects not indicated in the product description, the Buyer has the right to return it within 14 (fourteen) calendar days from the delivery date. The returned Good must be in the same condition as when it was delivered to the Buyer.
    • If the Buyer has received an incorrect Good (e.g., wrong size, color, or model), the return is possible within 14 (fourteen) calendar days from the receipt of the Good. The returned Good must be in the same condition as when it was delivered to the Buyer.
  1. When returning a Good purchased from &GoodAgain.com, the Buyer must provide written evidence of the Good’s defects or discrepancies (e.g., photos). The returned Good must be in the same condition as when it was delivered to the Buyer.
  2. New Goods purchased from &GoodAgain.com are returned and/or exchanged according to Articles 6.362 and 6.363 of the Civil Code of the Republic of Lithuania and the "„Mažmeninės prekybos taisyklėmis" approved by the Government of the Republic of Lithuania on July 22, 2014, Resolution No. 738.
  3. To return a new quality Good, the Buyer must notify the Seller in writing, providing detailed order information: order number, date, product, price, delivery date, and bank account number for the refund.
  4. The Seller reserves the right to refuse to accept returned or exchanged Goods in the cases specified by these Rules, as well as if it is determined that the Goods are damaged, labels have been removed and/or damaged, protective film has been torn, packaging is damaged, etc., and/or the Goods have been used.
  5. If the right to return Goods is exercised, the Buyer is responsible for the return shipping costs.
  6. The Seller is not responsible for the deterioration of Good quality if the Buyer or any persons to whom the Buyer has transferred the Goods have used them for purposes other than those for which the Goods are typically used, have not followed the instructions provided, have violated the rules of transportation, storage, use, and/or warehousing of the Goods, or if external defects such as packaging damage or other visible damage to the Goods were not documented at the time of delivery. Additionally, if the quality deterioration is due to the actions of the Buyer or other individuals to whom the Buyer has transferred the Goods.
  7. Refunds for returned Goods are always made via bank transfer to the payer's bank account.

Responsibilities

  1. The Buyer is fully responsible for the accuracy of the Personal data provided. If the Buyer fails to provide accurate Personal data, the Seller is not responsible for the consequences and has the right to demand compensation for any direct losses incurred due to this.
  2. The Buyer is responsible for actions taken while using this online store.
  3. The Seller is exempt from any liability in cases where losses occur because the Buyer, despite the Seller's recommendations and obligations, did not familiarize themselves with these Terms and Conditions, even though such an opportunity was provided.
  4. If there are links to websites of other companies, institutions, organizations, or individuals on the Seller's website, the Seller is not responsible for the information or activities on those sites, does not monitor them, does not control them, and does not represent those companies or individuals.

Exchange of Information

  1. The Seller sends all notifications to the email address provided by the Buyer by the procedures set out in the Terms and Conditions.
  2. The Buyer sends inquiries using the contact methods indicated on the Seller's online store.
  3. The term "writing" used in the Terms and Conditions also includes emails.

Final Provisions

  1. These Terms and Conditions are made by the laws of the Republic of Lithuania.
  2. The relations arising from these Terms and Conditions shall be governed by the law of the Republic of Lithuania.
  3. Any disputes arising from the implementation of these Terms and Conditions shall be resolved through negotiation. If no agreement is reached, disputes shall be resolved by the laws of the Republic of Lithuania, at the location of the Seller's registered office.
  4. The Buyer may not assign or transfer all or part of the rights and obligations arising from these Terms and Conditions to any third party or parties without the written consent of the Seller.
  5. If the Buyer disagrees with the response prepared by the Seller and sent by &GoodAgain to the Buyer's written complaint, the Buyer (physical person, consumer) may submit their request/complaint regarding the goods purchased from the Seller to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. (+3705) 262 67 51, fax. (+3705) 279 1466, website: www.vvtat.lt, or to the regional offices of the State Consumer Rights Protection Authority) or fill out a complaint form on the European Commission's ODR platform at https://ec.europa.eu/odr/.