Terms of Sale and Use
1. General provisions.
1.1. The present Purchase and Sale Regulations (hereinafter referred to as the Regulations) shall establish mutual rights, obligations, liability, conditions for delivery, replacement and return of the goods applicable to the person purchasing the goods on online shop at boldcup.eu (hereinafter referred to as the Buyer) and UAB “Miko ir Tado leidyklos” Publishing House, company code: 123946644, located at the following address: Maišinė Village 1-2, Trakai District Municipality, implementing e-commerce activities on the website of the online shop at boldcup.eu (hereinafter referred to as the Seller). Any purchases placed by the Buyer on the on the online shop shall be subject to the Regulations effective at the time of placing the order.
1.2. The Buyer shall closely read and get acquainted with these Regulations before starting using the services and purchasing on the online shop at boldcup.eu.
1.3. The Buyer shall confirm that he/ she has gotten acquainted with the specified provisions of the Regulations and does hereby agree to comply with them by ticking the box near the statement “I have read and agree with these Terms and Conditions”. The Regulations agreed upon in this way shall be a legally binding document applicable to the Parties establishing the rights and obligations of the Buyer and the Seller, the conditions applicable to acquisition of the goods and payment for them, the procedure for delivery and return of the goods, liability of the Parties as well as other conditions related to purchase – sale of the goods on the online shop.
1.4. The Seller shall be entitled to modify, amend, or supplement this Agreement in case of necessity or in presence of the circumstances defined by legislations effective in the Republic of Lithuania, the European Union, the international law or other legislations. A new revision of the Regulations shall come into effect once it is published on website at boldcup.eu.
1.5. The following entities shall be entitled to act as the Buyer under the present Agreement: 1) a capable natural entity; 2) a legal entity; 3) duly authorized representatives of the aforementioned entities. By placing an order the Buyer confirms the he/ she meets one of the requirements established in this Item entitling him/ her to become the Buyer and buy on the online shop.
1.7. If the Seller is entitled or obliged to provide information or documents to the Buyer via e-mail, in all cases the Buyer himself/ herself shall be liable for submission of a valid e-mail address held by the Buyer to the Seller.
2. Placing orders for the goods, the moment of establishment of legal relations applicable to the purchase – sale.
2.1. The Buyer may order the goods on website at boldcup.eu via online registration on the online shop (by entering one’s username and password);
2.3. When the Buyer, having selected an item or a service subject to purchasing and formed a shopping cart, finishes all steps of placing an order, it shall be deemed that legal relations applicable to the purchase – sale have been established by the Seller and the Buyer and a purchase – sale agreement has been concluded.
3. Rights of the Buyer.
3.1. The Buyer shall be entitled to purchase the goods and order the services on website at boldcup.eu under the procedure established in these Regulations.
3.2. The Buyer shall be entitled to withdraw from the agreement and the order under the procedure established in these Regulations and under the procedure established by legislations.
3.3. The Buyer shall be entitled to return or to ask to replace the goods received from the online shop only in case if the purchased goods are faulty as a result of poor quality manufacture by the Seller provided that the goods have not been damaged or there have not been any substantial changes in the appearance thereof due to the Buyer’s fault.
3.4. The Buyer shall also have other rights specified in these Regulations as well as legislations of the European Union and international legislations.
4. Obligations of the Buyer.
4.2. The Buyer shall undertake not disclose his/ her log-in data giving him access to the website of the online shop at boldcup.eu to the third parties. The Buyer shall be liable for failure to comply with the requirements specified in this Item as well as any damage caused to the Buyer, Seller, or the third parties, including any future damages caused to them, as a result of this.
4.3. The Buyer shall inform the Seller and submit correct and detailed information required for implementation of the rights and obligations arising out of this purchase – sale agreement (name, surname, residence place, contact data, etc.). If the Buyer fails in complying with the obligation specified in this Item, he/ she shall not be entitled to raise any claims in respect of the Seller in case of any damages resulting from failure to notify the Seller the information specified in this Item.
4.4. The Buyer, having ordered the goods or services, shall pay the price of the goods and their delivery costs as well as other sums of money (if they have been specified) and to accept the goods or services properly.
4.5. Buyer purchasing products from Seller which containing plastic (all paper cups made of cardboard with PE or PLA coating) must mark them “PLASTIC IN PRODUCT” and special label approved by Directive (EU) 2019/904, as specified in generalized rules in boldcup.eu. All information related to the labeling can be found here https://www.boldcup.eu/en/custom-branding, and by logging in to your boldcup.eu account. Sellerbears no liability for non-compliance with the labeling requirements for such products.
4.6. When Buyer buying products from Seller that are coated with a water-based coating (paper2paper), Buyer must make sure that in the implementation of Directive (EU) 2019/904 in his country (national law), such products (coated with a water-base coating) are not classified as plastic-containing product, and the labeling provided for in Directive (EU) 2019/904 does not apply for them. Seller bears no liability for non-compliance with the labeling requirements for such products.
5. Rights of the Seller.
5.1. The Seller shall be entitled to change, suspend, or terminate operation of certain functions of the website at boldcup.eu or a part thereof as well as to change the arrangement of the elements posted on the website.
5.2. The Seller shall be entitled to suspend or to terminate operation of the website at boldcup.eu without a prior notice. In that case implementation of all accepted and approved Buyers’ orders shall be completed and no new orders shall be accepted.
5.3. The Seller shall be entitled to change the scope or the method of service provision, to suspend or to terminate provision of the services or a part thereof, to apply a charge for the services or a part thereof.
5.4. The Seller shall not give any guarantees that the online shop would operate without interruptions and that transfer of the data would be error-free. The Seller shall not be liable for any losses incurred by the Buyer in relation to operation of the online shop or any interruptions thereof and (or) data transfer errors.
5.5. The Seller shall be entitled to set a minimum value of the shopping cart, i.e. a minimum sum upon reaching of which the Seller’s order would be implemented, at one’s own discretion.
5.6. If the Buyer attempts to disrupt functionality or stable operation of the online shop or violates one’s obligations, the Seller shall be entitled to restrict, suspend (terminate) his/ her access to the online shop without a prior notice and shall not be liable for any losses incurred by the Buyer as a result of this.
5.7. The Seller does not check the individual design of the Buyer but has the right to refuse to manufacture the product if the Buyer does not properly label the product in accordance with paragraph 4.5.
6. Obligations of the Seller.
6.1. The Seller shall undertake to provide the Buyer an opportunity to use the services available on boldcup.eu under the conditions established in these Regulations and other documents.
6.3. The Seller shall undertake to deliver the goods ordered by Buyer to the address specified by the latter and to accept the goods being returned by the Buyer under the procedure established in the Regulations and legislations.
6.4. If the Seller is not able to deliver the ordered item to the Buyer due to important circumstances, the Seller shall undertake to suggest the Buyer an analogous item or a similar one with characteristics closer to it as much as possible. If the Buyer refuses to accept the item suggested as an analogous one or a similar one, the Seller shall undertake to refund the paid money to the Buyer within 14 (fourteen) business days, if payment in advance was made, and to cancel the order in all cases.
6.5. If the Buyer exercises the right specified in Item 3.3. of the Regulations, the Seller shall undertake to refund the paid money to the Buyer within 10 (ten) business days, counting from the receipt date of the item being returned.
7. Design of the goods and placing an order.
7.1. By placing an order for the goods, the Buyer may specify the desired design of the item or to choose it out of the design options offered by the Seller.
7.2. When the Buyer orders the goods with custom design, the Buyer must upload properly prepared design file. The design file must be prepared according the rules described in the section TEMPLATES. In cases of receiving not properly prepared design file, the Seller has right to reject the placed order.
7.3. In case the design of an item is provided by the Buyer, the Buyer shall take full liability arising out of copyright violations of the item design. All claims, actions or other documents filed against the Seller regarding the content of the design provided by the Buyer shall be directly forwarded to the Buyer.
7.4. The Seller shall be entitled to refuse production of the goods of a certain design specified by the Buyer, if the Seller thinks that the content of the design selected by the Buyer is of an offensive, discriminatory, racist, xenophobic, hateful nature or it otherwise incites hatred or other behaviour not acceptable in a normal society.
7.5. The Seller shall start production of the goods ordered by the Buyer, if all of the following circumstances exist: 1) Payment is received; 2) the Seller approves the design of the goods.
8. Procedure and terms for payment of the price of the goods.
8.1. Prices of the goods specified on the online shop do not include VAT. Upon formation of a shopping cart and indication of the final price for ordering of the goods, the amount due is specified by including VAT. VAT shall be calculated in accordance with the effective provisions of legislations.
8.2. The Buyer shall pay for the goods immediately at the time of placing the order via the e-banking system or by a credit card. The Buyer is automatically redirected to the e-banking log-in systems at the time of placing the order and upon choosing the e-banking system as the payment method.
8.3. Payment via e-banking is a prepayment by means of using the e-banking system used by the Buyer. In case of making a payment for the goods in this way, the payment is generated for the Buyer on the e-banking system based on his/ her order to be paid. The Buyer shall transfer the money to a respective account held by the Seller in a respective bank of his/ her choice. In this case liability for security of the data shall lie on a respective bank because all monetary transactions are made via the bank’s e-banking system.
8.4. Production is started, a package is formed, and a term for delivery of the goods is set after the Seller receives payment for the goods or services and a file of a proper format and design has been received and approved.
8.5. By approval to the Regulations the Buyer shall agree and give his/ her consent that the goods purchase documents, i.e. VAT invoices, would be e-mailed to the e-mail address specified by the Buyer or handed over along with the ordered goods. VAT invoices shall specify the selected items, their quantity, given discounts, final price of the goods, including all taxes, as well as other data required to be provided as specified in the legislations governing accounting.
8.6. The Buyer and the Seller do hereby agree that after the Buyer places the order for the item and after the Seller approves it, the price of the item may vary by taking into consideration the object factors affecting the price, such as increase in the net cost of the item, technical error in the information systems, additional costs related to sale of the item to the Buyer. If in that case the Buyer does not agree to purchase the item for a new price, any of the parties to the agreement shall be entitled to terminate the purchase-sale agreement of the item by notifying this to the other party to the agreement. The parties do hereby agree that no losses incurred in relation to termination of the purchase-sale agreement under the procedure established in this Item shall be remunerated.
9. Delivery of the goods.
9.1. The Buyer having selected the service of delivery of the goods at the time of placing the order shall undertake to indicate an exact place for delivery of the goods. The Buyer shall pay for delivery of the goods, unless the Buyer and the Seller agree otherwise.
9.2. The goods shall be delivered within a period of 20 calendar days since the day when the whole of the conditions specified in Item 7.4. of the Regulations becomes effective.
9.3. The Buyer shall undertake to accept the goods in person. A valid identification document (Personal Identity Card, Passport, or a new type of Driver’s Licence) must be produced at the time of acceptance of the goods. If the Buyer is not available to accept the goods in person but the goods have been delivered to the address specified by the Buyer, the Buyer shall not be entitled to raise any claims in respect of the Seller regarding delivery of the goods to the wrong person.
9.4. The goods shall be delivered by the Seller or the authorized person thereof, they may also be mailed to you.
9.5. Taking the goods upstairs is not included in the charge for delivery of the goods to the location specified by the Buyer; the Buyer may order this service for an extra charge.
9.6. The Seller shall provide the goods to the Buyer within the terms specified in the description of the goods. These terms shall be preliminary, furthermore, they shall not be applicable in cases when the required goods are not available at the Seller’s warehouse and the Buyer was notified about a shortage of the goods ordered by him/ her. By approval to these Regulations the Buyer shall also agree that in exceptional cases supply of the goods may be delayed due to unexpected circumstances which are out of the Seller’s control.
9.7. In all cases the Seller shall be exempted from liability for violation of the terms for delivery of the goods, if the goods are not delivered or if they are not delivered in due time due to the Buyer’s fault or due to the circumstances depending on the Buyer.
9.8. The Buyer shall sign a document of transfer – acceptance of the package at the time of delivery of the goods. The Buyer shall be entitled to return the goods under the procedure established in Section 11 of the Regulations having noticed that the package of the delivered item has been damaged (crumpled, wet or otherwise externally damaged), the item (goods) has/ have been damaged, and/ or the item (goods) is/ are not in a proper complete set.
9.9. In case if the goods have been damaged, lost or if there are other reasons why the goods have not been delivered to the Buyer due to the fault of the third party (carrier), the Seller, having agreed upon an action plan with the Buyer, shall undertake to:
a) inform the Buyer about any circumstances making timely delivery of the goods impossible and extend the term for delivery of the goods by dispatching newly manufactured goods;
b) inform the Buyer about any circumstances making timely delivery of the goods impossible and refund the Buyer the money paid for the ordered goods not delivered on time and being of proper quality. The ordered goods shall not be delivered in the event of refund of the paid money to the Buyer.
9.10. Compliance of the quantity of the Goods to the order, invoice, bill of lading and obvious defects and shortcomings of the Goods during transportation are checked during the transfer of the Goods to the Buyer and the Buyer must make notes in the documents accompanying the Goods (bill of lading) or at the place indicated by the courier. The Buyer has the right to make a claim to the Seller in writing regarding these defects not later than within 3 (three) working days from the date of receipt of the Goods, provided that he has noted about these defects in the documents accompanying the Goods or at the place indicated by the courier.
9.11. Full liability for damage, impact, or failure of the goods shall pass over to the Buyer from the moment when the Item is handed over to the Buyer.
10. Quality of the goods and warranties.
10.1. General details of each item being sold on the online shop are specified in the description provided for each item.
10.2. The Seller shall not be liable that the colour, shape or other parameters of the item displayed on the online shop may be different from the actual sizes, shapes, and colours of the goods due to the properties of the monitor used by the Buyer.
10.3. The Seller grants a 6-month warranty period for the goods manufactured by the Seller, starting from the delivery of the goods, during which it accepts claims regarding the quality of the goods, provided that the Buyer complies with the Storage Conditions of the Goods (The products must be stored in enclosed, dry and clean premises. The products must be protected from sudden fluctuations in ambient temperature and direct sunlight. The storage temperature must be between +5°C and +25°C; the humidity must be between 50% and 60%. It is recommended to unpack the products before use).
10.4. Where legislation prescribes a certain shelf life for particular goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer has a realistic opportunity to use such goods before the expiry of the shelf life. The shelf life shall in all cases be subject to the observance of the storage conditions.
10.5. Conformity of the quantity of the Goods with the order, the invoice, the consignment note and any obvious defects of the Goods and any defects caused during transportation shall be checked at the time of handover of the Goods to the Customer and shall be noted by the Customer on accompanying documents, i.e. the consignment note. The Buyer shall have the right to file a claim to the Seller in writing about such defects no later than within 3 (three) working days from the date of receipt of the Goods, provided that the Buyer has made a note of such defects in the accompanying documents, i.e. the consignment note.
11. The right to withdraw from the agreement, return and replacement of the goods.
11.1. The Buyer may only return goods that are not of good quality. In order to return faulty or defective goods, the Buyer must fill in a free form application to accept the return and submit it together with the returned item(s). The free form application must specify the reasons for the return, the defects observed and any other relevant circumstances affecting the issue of acceptance of the returned goods.
11.2. Regardless of the quantity of the ordered goods, the Buyer shall be entitled to return only the part of the order made up of any faulty, damaged, or impaired goods. The Seller shall accept only faulty, damaged, or impaired goods rather than the whole quantity of the ordered goods (quality, intact goods without any damages cannot be returned). The Seller shall compensate the Buyer only for the faulty, damaged, or impaired part of the order under the procedure established in these Regulations.
11.3. In case of returning the goods, the Buyer shall comply with the following conditions:
11.3.1. The item being returned shall be in its original orderly package;
< 11.3.2. The Item shall not be damaged by the Buyer;
< 11.3.3. The Item shall not be used before and the marketable appearance thereof shall not be lost;
< 11.3.4. The item being returned shall be in the same set as it was received by the Buyer;
< 11.3.5. When returning the item, it is necessary to submit a document proving purchase thereof and a filled in free-form application for acceptance of the goods.
< 11.3.6. The Seller shall be entitled not to accept the items being returned, if the Buyer fails in complying with the procedure applicable to returning of the goods as specified in this Article.
11.4. All gifts provided together with the purchased item shall be returned at the same time.
11.5. When returning the goods, the Buyer shall also specify the sender’s address and pack the item properly so that it would not be damaged during the shipment. The Seller would not refund any money for the goods which were damaged during the shipment. The Seller shall not be liable for any packages which were shipped out without packing them properly, without specifying the address properly, including any cases, if the packages have been lost or damaged during the shipment.
11.6. By approving these Regulations the Seller shall agree that the money would be refunded to the Buyer’s bank account.
11.7. The Seller shall be entitled not to refund the sums paid by the consumer before the goods are returned to the Seller and inspected respectively.
11.8. The Buyer shall assume all costs and risk associated with return of an item, except for cases when defective or faulty goods are being returned.
11.9. The Buyer shall notify the Seller about withdrawal from the agreement by using the contact information specified on the Seller’s website.
11.10. If the Buyer has withdrawn from the purchase – sale agreement before the item was shipped out to the Buyer, the Seller shall formalize such withdrawal by the Buyer as a refusal of the order and shall inform the Buyer about this by e-mailing a respective notice to the e-mail address specified by the Buyer. The Buyer shall remunerate all direct losses incurred by the Seller as a result of cancellation of the order.
12.1. The Buyer shall be liable for the actions taken while using the website of the online shop at boldcup.eu.
12.2. A registered Buyer shall be liable for security of his/ her log-in information and/ or transfer thereof to the third parties. If any third party uses the services provided by the online shop by logging in to the Buyer’s account, the Seller shall assume that this person is the Buyer.
12.4. If any links to the websites of the third parties are posted on the online shop, the Seller shall not guarantee that information available for viewing by clicking on these links is correct, compete, or accurate. The third parties shall be liable for the content of the information posted by the third parties as well as correctness, completeness, and accuracy thereof. The Seller is not obliged to verify the provided or stored external information or to identify illegal actions.
12.5. In the event of any damages, the party at fault shall remunerate the direct losses incurred by the other party.
13. Marketing techniques applied by the Seller.
13.1. The Seller may initiate various promotional campaigns and games at one’s own discretion.
14. Exchange of information.
14.1. The Seller shall send all notices to the e-mail address specified by the Buyer.
14.2. The Buyer shall send all notices and inquiries by using the contact details specified on the Seller’s online shop under section “Contact information”.
15. Final provisions.
15.1. The present Regulations have been concluded in accordance with legislations of international law, the European Union, and the Republic of Lithuania.
15.2. The laws of the Republic of Lithuania shall be applicable to any relations arising on the grounds of these Regulations.
15.3. All disputes arising in relation to implementation of these Regulations shall be resolved by means of negotiations. In the event of failure to come to an agreement, the disputes shall be settled under the procedure established by the laws of the Republic of Lithuania.