1.1. These Terms and conditions of use (hereinafter referred to as the Rules) establish the mutual rights, obligations and responsibilities of the person (hereinafter referred to as the Buyer) and UAB Humana LT, code of legal entity 304936925, address of registration Kibirkšties st. 6, Vilnius, Republic of Lithuania (hereinafter referred to as the Seller) when the Buyer use the website https://think2.eu/ (hereinafter – the Website); registers and uses the account on the Website; purchases goods in the e-shop on the Website and exercise other actions on the Website. By using the Website, the Buyer agrees to the application of these Rules.
2. Moment of conclusion of the purchase and sale agreement
2.1. The purchase and sale agreement between the Buyer and the Seller shall be considered concluded from the moment when:
- the Buyer has formed a basket of goods in the e-shop on the Website, indicated the delivery address, chosen the payment method, familiar with these Rules, clicked on the button "Confirm";
- paid for the goods;
- The Buyer received from the Seller order confirmation email;
- the Seller has received a confirmation of payment from the Bank.
2.2. The purchase and sale agreement shall remain in force until the obligations under this contract have been fully discharged. In cases where the Buyer does not agree to all or part of the Rules, he/she must not place an order.
2.3. It is not necessary to have user account on the Website to order and buy goods on the Website.
2.4. When due to unforeseen circumstances related to the supply of the goods or the fact that the goods are not in stock, the Seller is unable to deliver the goods purchased on the Website, the Seller has the right to terminate the purchase and sale Agreement. In this case, the Seller may offer the Buyer a good of the same or higher quality and value. If the Buyer refuses, the Seller undertakes to return the money paid by the Buyer within 10 days to the account of the Buyer from which the payment was made.
2.5. The Seller reserves the right to remove any good from the Website at any time and to remove or change any information on the Website. The Seller makes every effort to fulfill the order of each Buyer, however, there may be exceptional objective circumstances that force the order to be canceled after sending the order confirmation and the Seller reserves the right to do so at any time.
2.6. The terms and conditions of these Rules and the requirements of the applicable legal acts shall apply to the purchase and sale agreements concluded with the Buyers, regardless of the manner in which they were concluded.
2.7. Each purchase and sale agreement concluded between the Buyer and the Seller is stored in the www.think2.eu database.
2.8. The properties of all goods are indicated on the Website, in the description next to each good. The Seller is not responsible for the fact that the color, shape or other characteristics of the goods may not correspond to the actual size, shape and color of the goods due to the characteristics of the monitor used by the Buyer.
3. Buyer's rights
3.1. The Buyer has the right to buy goods on the Website in accordance with these Rules and the legal acts of the Republic of Lithuania.
3.2. If the delivered goods have defects, within 14 days from the date of the defect detection, the Buyer has the right to express claims under the legal guarantee. Humana does not provide any additional guarantees for defects other than statutory rights.
3.3. The Buyer has other rights provided for in the Rules and legal acts of the Republic of Lithuania.
4. Buyer's obligations
4.1. The Buyer is obliged to pay the price of the goods, as well as other payments (if any, when concluding the purchase and sale agreement) and collect purchased goods. The Buyer pays for the goods using his/her online banking by making a payment from any bank to the Seller’s account via the Make Commerce system.
4.2. To provide only correct data when registering the account, ordering the goods and concluding purchase and sale agreement. The Buyer is solely liable for the data he/she is providing on the Website. If the data provided in the Buyer’s changes, the Buyer must immediately update them.
4.3. The Buyer undertakes to protect account’s credentials (the username and the password), keep in strict confidence and not to disclose it to any third parties. The Buyer has the right to change the password.
4.4. Use the Website and its functionalities without disrupting the activities of the Seller and the Website.
4.5. Do not take any action or transmit the content of the Website in a manner that would infringe the copyright or other intellectual property rights of Seller or third parties.
4.6. Do not take any actions to steal information or data that does not belong to the Buyer, or to affect the operation and technical functionalities of the Website.
4.7. The goods selected by the Buyer are reserved and the Seller undertakes to execute the purchase and sale agreement only after the Seller has received a notification of payment from the bank or the Buyer about the payment made for the selected goods.
4.8. The Buyer must comply with other requirements set forth in the Rules and legal acts of the Republic of Lithuania.
5. Seller’s rights
5.1. If the Buyer tries to impair the operation or stable operation of the Website or violates its obligations under these Rules, the Seller may restrict, suspend (terminate) his/her access to the e-shop on the Website, his/her account without prior notice and shall not be liable for any related losses of the Buyer.
5.2. The Seller has the right to temporarily or indefinitely terminate the activities on the Website without a separate notice and shall not be liable for any related losses of the Buyer.
5.3. Seller reserves the right to change these Rules under one of the following conditions:
5.3.1. the legal acts regulating the provision of electronic services have been changed, affecting the rights and obligations between the Buyer and the Seller;
5.3.2. the method of providing electronic services has changed exclusively due to technical or technological reasons;
5.3.3. the provision and scope of electronic services provided via Website have been changed due to the newly introduced, modified, or repealed provisions of the Rules.
5.4. The Buyer will be informed about the changes in the Rules on the Website when the new text of the Rules is published. Such information will be considered as appropriate notice of changes.
5.5. Amendments to the Rules shall enter into force 14 calendar days after the date of dispatch of the information on the amendments. The amendment to the Rules shall not affect sale and purchase agreements concluded before the date of entry into force of the new Rules.
5.6. The Seller has other rights provided for in the Rules and legal acts of the Republic of Lithuania.
6. Obligations of the seller
6.1. The Seller undertakes to create conditions for the Buyer to properly use the services provided on the Website. The Seller does not give any guarantee that the Website and electronic services offered through the Website will operate continuously or that the data transfer will be error-free. The Seller shall not be liable for any losses of the Buyer related to malfunctions of the Website and /or data transmission errors. However, the Buyer undertakes to introduce technical security measures as required under the applicable laws.
6.2. The Seller undertakes to comply with other requirements set forth in these Rules.
7. Goods sold by the Seller
7.1. All goods sold by the Seller are second-hand meaning they are not new and can have some defects. The goods sold on the Website do not have original packaging, labels and certificates confirming the quality and originality of the product.
7.2. The Seller neither represents nor warrants that the goods are original and not counterfeited and shall not take any responsibility regarding originality of the goods.
8.1. The Buyer may collect purchased goods free of charge from the Think2 warehouse, place of collection of the Goods at Savanorių pr. 191B, Vilnius.
8. 2. Other ways of delivery of Goods shall be a paid service:
8.2.1 a local post office;
8.2.2. a delivery locker within his/her chosen location;
8.2.3. home delivery;
8.3. The possible methods of delivery of goods to the Buyer shall be listed after the Buyer forms his/her basket of goods and enters his/her delivery address.
8.2. The goods are delivered in the territory of the Republic of Lithuania and to other European Union countries specified on the Website except the Curonian Spit.
8.3. Delivery of the goods is paid, unless the delivery of the goods is subject to a promotion, or it is clearly stated at the time of placing the Order that the delivery of the Goods is free of charge.
8.4. The delivery methods are specified on the Website and are indicated at the time of placing the order.
8.5. The total delivery time of the goods consists of the time from the order’s confirmation by the Seller to the delivery of the goods to the Buyer.
8.6. The Goods shall normally be delivered within 14 working days, unless a different delivery time is specified during the confirmation of the order or due to the situations specified in Clause 8.7 of the Rules. The specified term includes the preparation of the goods, delivery to the carrier and the time of delivery of the goods by the carrier.
8.7. In all cases, the Seller is released from liability for non-compliance with the delivery deadlines if the goods are not delivered to the Buyer or are not delivered on time due to the Buyer's fault or due to circumstances beyond the Seller's control (e.g. high courier workload, restrictions imposed by state authorities).
8.8. The goods must be pick up from Seller’s store (Article 8.1) if the Buyer chose to pick up goods by himself/herself no later than within 14 calendar days from confirmation that the ordered goods have already been delivered to the store and can be picked up. After 14 days of not picked up goods, we will notify customer with a kind reminder email. If there would be no response to us - we will determinate Seller and Buyers contract, after the second reminder email would be send and ignored. After contract is determined, we will issue refund for the goods.
8.9. Goods can be delivered to the Buyer through the post office 24/7. The goods must be removed from the terminal no later than the storage period specified by the postal operator. When the shipment is delivered to the terminal chosen by the Buyer, it is informed by a message and e-mail containing codes for picking up the shipment of goods. The Seller does not assume responsibility for the goods picked up by another person to whom the Buyer has handed over the order pick-up codes. By disclosing the post office door code or other data related to the order to another person, the Buyer assumes responsibility and has no right to make claims to the Seller regarding the delivery of goods to the wrong entity. This clause is applicable to cases indicated in Articles 8.2.1 and 8.2.2.
8.10. The Buyer, when picking up the purchased goods at Self-Pick up point as described in Articles 8.1 and/or 8.2.3, before signing the delivery documents (if applicable), has the opportunity to inspect the condition of the outer packaging of the parcel and, if it is damaged, the buyer has the right to inspect the contents of the order - the quantity and quality of the goods in the presence of the Seller's representative or courier. If the Buyer notices defects in the goods or discrepancies between the shipment and the order, the Buyer must not accept the goods and, together with the Seller's representative or the courier, fill in a special parcel inspection act, in which he must indicate the found violations and inform the Seller about them through the Website telephone number or e-mail address that’s indicated on the Website and these Rules. If the Buyer does not make any complaints in the 14 calendar day period after getting the goods, it is considered that the goods are delivered to the Buyer in full set and in the undamaged packaging of the goods.
8.11. The Seller reserves the right to limit the choice of pick-up points for certain categories of goods at critical air temperatures or in other cases.
9. Right of Withdrawal from the sale and purchase agreement
9.1. The Buyer who has entered into a remote sale and purchase agreement may withdraw from this agreement within 14 calendar days without giving any reason. The withdrawal period will end 14 days after the date the Buyer received the goods. In order to exercise the right to withdraw from sale and purchase agreement the Buyer must send us an e-mail to the e-mail address firstname.lastname@example.org to notify his/her decision to withdraw from the agreement by submitting an unambiguous statement that he/she want to withdraw from the sale and purchase agreement. The Buyer can use the attached model form (Annex 1), but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that the Buyer send a notice that he/she exercise his/her right to withdraw from the agreement before the withdrawal period expires.
9.2. If the Buyer withdraw from sale and purchase agreement, the Seller shall reimburse to the Buyer all payments received from him/her, including the costs of delivery with the exception of the supplementary costs resulting from his/her choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen 14 calendar days from the day on which the Seller is informed about Buyer’s decision to withdraw from the sale and purchase agreement. The Seller will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer have expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement. The money will be returned to the Buyer within 10 working days after the Seller has received the shipment.
9.3. When returning the good, it is necessary to provide its purchase document or the list of goods received with the shipment. The cost of delivering the return of goods is paid by the Buyer.
9.4. Requirements for the returned good: the good must be labelled, the good must not be damaged, the appearance of the good mustn’t have changed substantially and the good is packed in suitable packaging that will protect it from damage during transportation.
9.5. The Buyer can return the good either by submitting it to Think2 warehouse located at Savanorių pr. 191B, Vilnius, Lithuania or via any other delivery mean chosen by the Buyer.
9.7. More information about the conditions of return of goods can be found here: Return of goods.
10.1. The Buyer is responsible for the correctness of the data provided in the registration form. The Buyer assumes responsibility for the consequences arising from the incorrectness or inaccuracy of the data provided in the registration form.
10.2. The parties shall be liable for the violation of the purchase and sale agreement concluded using the e-shop on the Website in accordance with the procedure established by the legal acts of the Republic of Lithuania.
10.3. Buyers shall be liable for losses or damage incurred by the Seller where the Buyer intentionally or negligently reveals their identity/password to a third party or where their identity and password otherwise become known to an unauthorized party, unless the Buyer notifies the Seller immediately upon suspicion that such event has occurred.
10.4. The Seller shall not be liable for the information provided on the websites of other companies, even if the Buyer enters these websites through the links in the Seller's Website.
10.5. Subject to the limitations set out in these Rules and to the extent permitted by law, the Seller shall only be liable for direct damages actually suffered by the Buyer due to an improper performance of our obligations.
10.6. To the extent permitted under applicable law, Seller shall not be liable to the Buyer or others for any indirect damage or any loss of data, opportunities, reputation, profits or revenues, related to the use of the Website.
10. 7. Buyer is aware and acknowledges that the Buyer’s access to the Website such as an internet access cannot be guaranteed and the Seller shall not be liable for any deficiencies in the Buyer’s own internet connections or equipment.
11. Data Protection
11. 1. Buyer and the Seller shall at all times comply with the requirements of any applicable privacy and data protection legislation including but not limited to the GDPR.
12. Final Provisions
12. 1. These Rules including sale and purchase agreement shall be governed by and construed in accordance with Lithuanian law. Any dispute shall be settled by mutual negotiations and in case of failure – submit to the competent courts in the Republic of Lithuania.
12.2. If any provision of the Rules is or becomes invalid, Buyer shall remain bound by all other provisions hereof.
12.3. Seller may assign all of Seller’s rights and obligations under these Rules without Buyer’s consent, provided that such transfer of rights and obligations will not adversely affect Buyer’s position under these Rules. Buyer may not assign or assign any of his/her rights and obligations under these Rules without Seller’s prior written consent, and any unlawful transfer of such rights and obligations shall be deemed void.
12.4. If you have any claims against the Seller, please, state and submit them in writing by e-mail address email@example.com. You also have the right to resolve the dispute by contacting the State Consumer Rights Protection Authority of the Republic of Lithuania (Vilniaus St. 25, LT-01402 Vilnius, Republic of Lithuania, e-mail firstname.lastname@example.org, phone 852626751, website www.vvtat.lt) or to its territorial offices, or fill in the application form on the EGS platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN).
12.5. If you have any questions regarding these Rules contact Seller by e-mail email@example.com, other contact information is provided on the Website.