TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS
1.1. These Terms and Conditions of Sale (hereinafter – the Terms) govern the rights, obligations and responsibilities of the Buyer and the Seller when purchasing Goods from the online store www.sincereskincare.com (hereinafter – the Online Store).
1.2. By placing an order, the Buyer confirms that they have read these Terms and agree to be bound by them.
1.3. The following definitions apply in these Terms:
Seller – MB “Terra agora”, legal entity code 306654700, VAT number LT100019051213, registered office at I. Simonaitytės g. 9-12, LT-06294 Vilnius, Lithuania, email info@sincereskin.lt, tel. +37065313764.
Buyer – a natural person purchasing Goods for purposes outside their trade, business, craft or profession (a consumer).
Goods – goods sold through the Online Store, including electronic Gift Vouchers.
Gift Voucher (Multi-Purpose Voucher) – an electronic voucher purchased for monetary value and containing a unique code that may be used to pay for Goods in the Online Store in accordance with Section 9 of these Terms.
Discount Code – a promotional, loyalty, partner or other incentive code provided by the Seller free of charge and entitling the holder to a discount subject to the applicable conditions. A Discount Code is not a Gift Voucher and has no monetary value.
Account – an account created by the Buyer in the Online Store in which the Buyer’s information and order history may be stored.
Parties – the Buyer and the Seller collectively.
1.4. A sales contract is deemed concluded when the Buyer creates a shopping cart, provides the information required to complete the order, confirms acceptance of these Terms and completes payment.
1.5. The Seller processes the Buyer’s personal data in accordance with the Privacy Policy.
1.6. These Terms have been prepared in accordance with the Civil Code of the Republic of Lithuania, the Law on Consumer Protection of the Republic of Lithuania, the Retail Trade Rules and other applicable laws of the Republic of Lithuania and the European Union.
1.7. If any provision of these Terms becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.
2. GOODS, PRICES, PAYMENT AND DELIVERY
2.1. Characteristics of Goods: essential information about each item is provided in its description in the Online Store. Product images are for illustrative purposes. Due to screen settings, manufacturer packaging updates or other objective reasons, the appearance of the actual Goods may differ slightly from the images displayed in the Online Store.
2.2. Prices: prices are stated in euros and include applicable VAT and other mandatory taxes. Delivery charges are not included in the price of the Goods unless expressly stated otherwise.
2.2.1. Price reductions: where the Seller announces a reduction in the price of Goods, the previous price shall be indicated in accordance with applicable law. Where the 30-day previous-price rule applies, the previous price shall be the lowest price applied by the Seller to those Goods during the 30 days preceding the price reduction, subject to any exceptions provided by law.
2.3. Payment: the Buyer may pay for Goods using:
online banking;
payment card;
other payment methods displayed in the Online Store at the time of ordering.
2.4. Order confirmation: once payment has been successfully completed, an order confirmation is sent to the Buyer by email.
2.5. Obvious pricing errors: the Seller has the right not to accept or to cancel an order where, due to an obvious technical or human error, the price of the Goods was stated incorrectly and it is objectively clear that the price could not reasonably have been an intentionally established selling price. In such cases, the Buyer shall be informed without undue delay and all amounts paid shall be refunded in accordance with applicable law. This provision does not apply to sale prices, clearance prices or other special prices intentionally established by the Seller.
2.6. Invoices: VAT invoices may be provided electronically or together with the Goods.
2.7. Delivery methods: Goods are delivered using the delivery method selected by the Buyer when placing the order, including parcel locker or courier delivery where such methods are offered by the Online Store.
2.8. Delivery times and delays: the Seller delivers Goods in accordance with the delivery times stated in the Online Store and applicable law. Delivery may occasionally be delayed due to logistics providers, technical disruptions or other unforeseen circumstances. If a shipment is delayed, becomes stuck in the carrier’s system or there is reasonable suspicion that it has been lost, the Seller shall initiate a shipment investigation and keep the Buyer informed. Any investigation conducted by the Seller or delivery provider does not limit the Buyer’s statutory rights relating to delivery.
2.8.1. Lost shipments: if it is established that a shipment has been lost or can no longer reasonably be expected to be delivered, the Seller shall, taking into account applicable law and the Buyer’s choice, resend the Goods where they remain in stock or refund the amounts paid by the Buyer for the relevant order.
2.9. Receipt of Goods: Goods shall be delivered to the Buyer or to a third party designated or authorised by the Buyer in accordance with the rules applicable to the selected delivery method and delivery service provider.
2.10. Inspection upon delivery: the Buyer is advised to inspect the external condition of the shipment upon delivery. Where obvious damage to the packaging is identified, the Buyer is advised to document the damage and, where possible, record it in the delivery documentation. Failure to inspect the shipment or report visible damage at the time of delivery does not in itself remove the Buyer’s right to subsequently submit a justified claim.
2.11. Transfer of risk: the risk of accidental loss of or damage to the Goods passes to the Buyer when the Buyer or a third party designated by the Buyer, other than the carrier, acquires physical possession of the Goods. Where the Buyer independently chooses a carrier that was not offered by the Seller, the transfer of risk shall be governed by applicable law.
2.12. Uncollected shipments: if the Buyer fails to collect a shipment within the specified period and it is returned to the Seller, the Seller shall contact the Buyer regarding further fulfilment of the order. If the Buyer requests that the Goods be shipped again, the Buyer may be required to cover the actual cost of repeat delivery. Failure to collect a shipment does not in itself remove any statutory rights of the Buyer.
3. PLACING ORDERS AND CONCLUSION OF THE CONTRACT
3.1. The sales contract is deemed concluded at the time specified in Clause 1.4 of these Terms.
3.2. Accuracy of information: the Buyer must provide accurate and complete information required to fulfil the order. To the extent permitted by applicable law, the Seller shall not be responsible for delivery problems directly caused by inaccurate or incomplete information provided by the Buyer.
3.3. Correction of errors: before submitting an order, the Buyer has the opportunity to review the shopping cart and correct any input errors.
3.4. Notifications: after an order has been placed and paid for, the Buyer receives an electronic confirmation. The Buyer may additionally be notified of dispatch by email and/or SMS.
3.5. Changes to and cancellation of paid orders: paid orders are prepared for dispatch without delay. The Seller therefore cannot guarantee that a request to modify order details, change Goods or stop dispatch can be carried out before the order has been shipped. This does not restrict the Buyer’s right to withdraw from a distance contract in accordance with applicable law and Section 6 of these Terms, including the right to notify the Seller of withdrawal before receiving the Goods.
3.6. Unpaid orders: unpaid orders may be automatically cancelled after 24 hours.
3.7. The Seller may cancel an order and refund the amounts paid by the Buyer where:
the Goods are objectively unavailable due to an unforeseen inventory, supply or technical error;
an obvious pricing error described in Clause 2.5 has occurred;
there are reasonable grounds to suspect fraud, unauthorised use of a payment method or other abuse.
4. QUALITY AND CONFORMITY OF GOODS
4.1. The Seller shall ensure that the Goods supplied conform to the sales contract and comply with applicable legal requirements.
4.2. Shelf life: the Seller aims to supply Goods with a shelf life sufficient for their normal intended use. Where Goods with a shorter-than-usual remaining shelf life are offered, this shall be clearly disclosed in the product description.
4.3. Visual appearance: product packaging or colours may differ slightly from images shown in the Online Store due to screen settings, manufacturer packaging updates or other objective reasons. This does not affect the Buyer’s rights where the Goods received do not conform to the contract.
4.4. Ingredient information: information provided in the Online Store about cosmetic ingredients and their properties is provided for informational purposes. Manufacturers may change product formulations, and the Buyer is therefore advised to check the information printed on the packaging of the specific Goods received before use.
4.5. Gift Voucher functionality: the Seller shall ensure that a purchased Gift Voucher remains technically usable during its validity period in accordance with the conditions set out in Section 9.
4.6. Legal guarantee of conformity: consumers are entitled to the statutory rights applicable to Goods that do not conform to the contract. In accordance with applicable law, the Seller is liable for a lack of conformity that becomes apparent within two years from delivery of the Goods, unless applicable law provides otherwise in a particular case.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Buyer has the right to use the Online Store, purchase Goods and exercise all other rights granted by these Terms and applicable law.
5.2. The Buyer agrees to:
provide accurate contact, payment and delivery information;
protect their Account login details;
protect Gift Voucher codes against unauthorised use by third parties;
not use the Online Store for unlawful purposes, attempt to compromise its security or intentionally disrupt its operation;
pay for ordered Goods;
review the labelling, ingredients and manufacturer’s instructions before using cosmetic Goods.
5.3. The Seller agrees to:
provide appropriate access to and operation of the Online Store;
process personal data in accordance with the Privacy Policy and applicable law;
properly perform concluded sales contracts;
comply with applicable consumer protection legislation.
5.4. The Seller may restrict a user’s access to their Account or certain Online Store functions where there are reasonable grounds to believe that the user is committing fraud, unlawfully using another person’s information, compromising the security of the Online Store or intentionally disrupting its operation.
5.5. The Seller may use third-party service providers, including payment, IT and logistics providers, to perform its obligations. The use of third parties does not relieve the Seller of its responsibility towards the Buyer where the Seller remains responsible for the actions of such parties under applicable law.
6. RIGHT OF WITHDRAWAL, RETURNS AND NON-CONFORMING GOODS
6.1. Right of withdrawal: the Buyer has the right to withdraw from a distance sales contract without giving any reason within 14 calendar days, except where an exception provided by applicable law applies. In the case of Goods, the withdrawal period generally begins on the day on which the Buyer or a third party designated by the Buyer, other than the carrier, acquires physical possession of the Goods.
6.2. Exceptions to the right of withdrawal: the right of withdrawal does not apply in circumstances provided by law, including:
sealed Goods which have been unsealed after delivery and are not suitable for return for reasons of health protection or hygiene;
Goods made to the Buyer’s specifications or clearly personalised;
other circumstances in which applicable law excludes the right of withdrawal.
For cosmetic Goods, this exception may apply where a protective film, seal or other packaging element has been broken after delivery and, for genuine health-protection or hygiene reasons, this means the Goods can no longer be resold.
6.3. Notice of withdrawal: the Buyer may notify the Seller of their decision to withdraw from the contract using the electronic withdrawal function provided in the Online Store, by email, using the model withdrawal form or by making another unequivocal statement setting out their decision to withdraw. Where a withdrawal notice is submitted electronically through the Online Store, the Seller shall acknowledge receipt without delay on a durable medium.
6.4. Condition of returned Goods: the Buyer may inspect and handle the Goods only to the extent necessary to establish their nature, characteristics and functioning. The Buyer is liable for any diminished value resulting from handling beyond what is necessary for those purposes. This provision does not apply where the right of withdrawal is excluded altogether under the health-protection or hygiene exception described in Clause 6.2.
6.5. Return costs: where the Buyer exercises the right of withdrawal in relation to Goods of satisfactory quality, the direct cost of returning the Goods shall be borne by the Buyer unless the Seller has expressly agreed to bear that cost. The Seller shall also reimburse the cost of standard delivery paid by the Buyer. Where the Buyer chose a more expensive delivery method than the least expensive standard delivery option offered by the Seller, the additional delivery cost is not refundable. Return costs relating to defective or non-conforming Goods shall be governed by applicable law.
6.6. Refund following withdrawal: the Seller shall reimburse all refundable amounts received from the Buyer without undue delay and no later than 14 days from the date on which the Seller is informed of the Buyer’s decision to withdraw from the contract. The Seller may withhold reimbursement until it has received the returned Goods or the Buyer has supplied evidence of having sent the Goods back, whichever occurs first. Reimbursement shall be made using the same means of payment used by the Buyer for the original transaction unless the Buyer expressly agrees otherwise and does not incur additional costs as a result.
6.7. Non-conforming Goods: where Goods do not conform to the sales contract, the Buyer is entitled to the remedies provided by applicable law. In the first instance, the Buyer may request that the Goods be repaired or replaced free of charge unless the selected remedy is impossible or would impose disproportionate costs. In the case of cosmetics and other Goods which by their nature cannot reasonably be repaired, replacement will generally be the relevant remedy where possible.
The Buyer may request a proportionate reduction in price or termination of the sales contract where the conditions established by applicable law are met, including where the Goods have not been properly repaired or replaced, the lack of conformity reappears, the lack of conformity is sufficiently serious, or it is clear that the Seller will not bring the Goods into conformity within a reasonable period. The right to terminate the contract does not apply where the lack of conformity is minor and applicable law provides for such an exception.
6.8. Submitting claims: the Buyer may contact the Seller by email or another method specified by the Seller regarding defective or non-conforming Goods. The Seller may reasonably request photographs, video, batch information or other information necessary to assess the issue. Such a request does not in itself restrict the Buyer’s right to submit a claim. The Seller shall respond to written consumer claims within the period prescribed by applicable law, which is generally no longer than 14 days.
7. LIABILITY
7.1. The Seller is liable for failure to perform or improper performance of its obligations in accordance with the laws of the Republic of Lithuania and applicable European Union legislation.
7.2. The Buyer is responsible for the accuracy of the information they provide. Where fulfilment or delivery of an order is delayed or made impossible because the Buyer provided an incorrect email address, telephone number or delivery details, the Seller shall not be responsible for consequences directly caused by that incorrect information, to the extent permitted by applicable law.
7.3. The Buyer must keep their Account login details and Gift Voucher information secure. Where a Gift Voucher code is used by a third party because the Buyer disclosed it through their own actions or negligence, liability shall be assessed taking into account the circumstances of the case and applicable law.
7.4. The Seller may use third-party service providers, but this does not relieve the Seller of its obligations towards the Buyer where the Seller remains legally responsible for the actions of such third parties. The Seller shall not be liable for failure to perform obligations due to force majeure circumstances to the extent permitted by applicable law.
7.5. Individual reactions: cosmetic Goods are placed on the market in accordance with the legal requirements applicable to them. However, individual ingredients may cause allergic reactions or irritation in certain individuals. The Buyer is advised to review the ingredient list and manufacturer’s instructions for the specific Goods received before use and, where appropriate, perform a patch test. This provision does not limit the Seller’s liability for defective, unsafe, incorrectly labelled or non-conforming Goods.
7.6. The Buyer is advised to review these Terms, the Privacy Policy and the information relating to the relevant Goods before placing an order. This does not limit any mandatory rights granted to the Buyer under applicable law.
8. FINAL PROVISIONS
8.1. Electronic communications: information relating to an order may be communicated by email, SMS, through the Buyer’s Account or by other electronic means specified when placing the order.
8.2. Communication channels:
the Buyer may submit questions, notices or claims using the email address provided in the Online Store’s “Contact” section;
the Seller may contact the Buyer through their Account or using the email address or telephone number provided when placing the order;
the Buyer is responsible for ensuring that the contact details provided are accurate and up to date.
8.3. Applicable law: these Terms and contracts concluded under them are governed by the laws of the Republic of Lithuania, without depriving consumers of protection afforded by any mandatory provisions of law that are applicable to them.
8.4. Dispute resolution: a Buyer who believes that their rights have been infringed should first submit a written claim to the Seller specifying their request. The Seller shall examine the consumer’s written claim and provide a reasoned response within the period prescribed by applicable law.
8.5. Consumer disputes (VVTAT): if the Seller rejects the Buyer’s claim, grants it only in part or fails to respond within the period prescribed by law, the Buyer may apply to the State Consumer Rights Protection Authority of the Republic of Lithuania (Valstybinė vartotojų teisių apsaugos tarnyba – VVTAT) for out-of-court dispute resolution. An application may be submitted electronically through the Consumer Rights Information System at www.vtis.lt. Further information on submitting a request is available on the VVTAT website. VVTAT address: A. Goštauto g. 12, LT-01108 Vilnius, Lithuania.
8.6. Amendments to the Terms: the Seller may amend or supplement these Terms. A new version takes effect when published in the Online Store. Amendments do not alter the rights and obligations of the Buyer under contracts concluded before the amendments took effect, except where otherwise provided by applicable law.
9. GIFT VOUCHERS (MULTI-PURPOSE VOUCHERS)
9.1. Purchase: the Buyer may purchase an electronic Gift Voucher through the Online Store, entitling the holder to use its value towards Goods in accordance with the conditions set out in this Section.
9.2. Delivery: following successful payment, a unique Gift Voucher code is generated and delivered electronically to the email address provided by the Buyer. The Buyer is responsible for providing a correct email address and keeping the Gift Voucher code secure.
9.3. Validity: a Gift Voucher is valid for 12 months from the date of purchase unless different conditions are expressly specified for a particular voucher. After expiry, the unused Gift Voucher becomes invalid, its unused value is not refunded and its validity period is not automatically extended, except where otherwise required by applicable law.
9.4. Single use: a Gift Voucher may be used for one purchase:
if the final order value is lower than the value of the Gift Voucher, the unused balance is not refunded and cannot be transferred to a future purchase;
if the final order value exceeds the value of the Gift Voucher, the Buyer must pay the difference using another payment method offered by the Online Store.
9.5. Delivery charges: the value of a Gift Voucher may also be used towards delivery charges, unless the technical conditions of the Online Store provide otherwise.
9.6. Use with promotions: a Gift Voucher may be used to purchase Goods at the prices applicable in the Online Store at the time of purchase, including sale or clearance prices, unless the conditions of a specific offer expressly provide otherwise. Additional Discount Codes cannot be used together with a Gift Voucher unless expressly permitted by the Seller.
9.7. Refunds and withdrawal: Gift Vouchers cannot be exchanged for cash except where required by applicable law. The Buyer’s right to withdraw from a contract for the purchase of a Gift Voucher shall be determined in accordance with applicable consumer protection law. The fact that a Gift Voucher is delivered electronically in the form of a code does not in itself remove any statutory right of withdrawal available to the consumer.
10. DISCOUNT CODES AND PROMOTIONS
10.1. Scope: this Section applies to Discount Codes provided free of charge by the Seller for promotional, loyalty, partnership, specific customer-group or other incentive purposes.
10.2. Conditions of use: Discount Codes may be subject to a validity period, minimum order value, usage limits, restrictions relating to particular Goods or categories, restrictions on combining discounts and other conditions stated for the relevant code or promotional offer.
10.3. Combining discounts: unless the conditions of a specific offer state otherwise, Discount Codes cannot be combined with one another and may be unavailable during other promotions, special sales, clearance events or other exceptional pricing offers.
10.4. Expressly promised conditions: where a validity period or other guaranteed conditions are expressly stated when a Discount Code is issued, or where the Discount Code is provided under a separate agreement, those specific conditions shall apply.
10.5. Modification or suspension of codes: where no specific validity period or other contrary conditions have been expressly established for a Discount Code, the Seller may modify, temporarily suspend or discontinue the Discount Code for future orders. Such a change does not affect sales contracts already concluded and paid for before the change took effect.
10.6. Abuse: the Seller may refuse to apply a Discount Code where there are reasonable grounds to believe that the code is being used in breach of its conditions, reproduced or distributed unlawfully, used through automated means or otherwise used abusively.
10.7. Gift Vouchers: this Section does not apply to Gift Vouchers purchased for monetary value. Gift Vouchers are governed by Section 9 of these Terms.