Purchase and Sale Agreement in the kiemaitis.lt Online Store

Effective from April 10, 2025

1. Definitions

1.1. Seller – MB “Beika”, legal entity code 305671554, VAT payer code LT100014805314, registered office at Chemikų g. 98-25, LT-55230 Jonava, Lithuania, data stored at the State Enterprise Centre of Registers; operating address: gastrobar “Kiemaitis”, J. Basanavičiaus g. 8 inner courtyard, Jonava, LT-55149, Republic of Lithuania, phone: +37064676991, email: info@kiemaitis.lt.

1.2. Online Store – the online store at kiemaitis.lt, the website where the Seller offers products for online purchase.

1.3. Pickup Location – gastrobar “Kiemaitis”, J. Basanavičiaus g. 8 inner courtyard, Jonava, LT-55149, Republic of Lithuania.

1.4. Buyer – a person purchasing goods in the online store or using the online store:

1.4.1. Consumer Buyer – a natural person of legal age who purchases goods for personal use. By registering or placing an order, the Buyer unconditionally confirms their right to purchase.

1.4.2. Business Buyer – a natural or legal person purchasing goods for business or professional purposes. If a legal person, the Buyer acts through an authorized representative registered in the store.

1.5. Goods:

1.5.1. Food products manufactured by the Seller per the Buyer’s order.

1.5.2. Other food products.

1.5.3. Non-food products.

1.6. Agreement – this purchase and sale agreement is a binding legal document between the Buyer and the Seller, governing rights, obligations, and liabilities for online purchases. The Seller reserves the right to amend this Agreement. The version in force at order placement applies.

1.7. The Agreement may be amended, supplemented, or updated at any time. Material changes will be announced on kiemaitis.lt. Continued use after changes constitutes acceptance of amendments.

2. Registration in the Online Store

2.1. To become a Buyer, the visitor must register by providing name, surname, phone number, email address, and chosen password. Submission of these data is mandatory.

2.2. Successful registration creates a personal purchase account, accessible via the registered email and password.

2.3. The Buyer must keep login credentials confidential and is responsible for all actions under their account. Lost credentials must be reported immediately to info@kiemaitis.lt.

2.4. To place orders, the Buyer must provide name, surname, email, phone number, and delivery address – necessary for contract formation and order fulfillment.

2.5. The Buyer is liable for the accuracy of provided data and must update their account if data change. The Seller is not responsible for damages from incorrect data.

2.6. The Buyer may modify or delete account data at any time or request account deletion. Deleted accounts cannot place orders unless re-registered.

3. Formation of the Agreement

3.1. The Agreement is concluded electronically when the Buyer clicks “I confirm that I have read and agree to the Purchase and Sale Agreement” and receives an order confirmation from the Seller.

3.2. By registering or ordering, the Buyer confirms familiarity with information about the goods, Seller, price, validity period, pickup or delivery method, return and exchange policy, and payment terms. Questions can be directed to +37064676991.

3.3. The Agreement is deemed concluded once the Buyer submits a cart with chosen goods, selects delivery or pickup, payment method, agrees to terms, and receives confirmation email. If the Agreement cannot be concluded, the Buyer is informed accordingly.

3.4. Order execution begins after payment is credited to the Seller’s bank account. Order status updates are available under “My Orders” and via email.

3.5. The Agreement remains in force until all obligations are fulfilled.

3.6. The Agreement is stored by the Seller, and the Buyer can download its current version in the online store.

4. Purchase and Sale Terms

4.1. Obligations

The Seller shall deliver goods fulfilling quality, quantity, and assortment requirements; the Buyer shall pay the price and accept the goods.

4.2. Product Information

4.2.1. Detailed product information is provided in the online store next to each item. For inquiries, call +37064676991.

4.2.2. The Seller is not responsible for color or shape discrepancies due to screen display.

4.3. Prices and Payment

4.3.1. Prices in euros, including VAT, are displayed next to products and in the order summary. Final amount = product cost + packaging + delivery.

4.3.2. Payments are made via electronic banking through Montonio Finance, UAB (entity code 305205122). VAT invoice issued upon request.

4.4. Pickup of Food Products

4.4.1. Pickup location: gastrobar “Kiemaitis”, J. Basanavičiaus g. 8 inner courtyard, Jonava, LT-55149.

4.4.2. Buyer selects date and time during ordering; confirmed interval shown in the order.

4.4.3. If not picked up within the interval, products are discarded without refund as compensation for Seller’s losses.

4.5. Delivery and Acceptance of Non-Food Products

4.5.1. Delivery is available throughout Lithuania; additional fee for Curonian Spit.

4.5.2. Delivery method chosen by Buyer excludes carrying service.

4.5.3. Dispatch time indicated in product description.

4.5.4. Buyer must inspect shipment on receipt day and report defects by end of that day.

4.5.5. If items unavailable, Seller proposes new delivery date; if Buyer declines, refund issued within 5 business days.

4.5.6. Delivery fee applies to the entire order and is non-divisible.

4.5.7. Acceptance: delivery to Buyer’s address constitutes transfer; reporting of issues due that day.

5. Termination, Returns, and Exchanges

5.1. Food Products Cannot Be Returned

No returns, exchanges, or cancellations for food products.

5.2. Return of Non-Food Products

5.2.1. Consumer Buyer may return non-food products within 14 days of receipt by submitting the withdrawal form.

5.2.2. Returned items must be unused, in original packaging, with labels intact.

5.2.3. Refunds processed within 5 business days after receipt by the Seller.

5.2.4. Returns governed by the Government of the Republic of Lithuania Resolution No. 738 of July 22, 2014.

5.3. Exchange of Non-Food Products

5.3.1. Consumer Buyer may exchange items within 14 days for a different size or color if available.

5.3.2. Submit exchange form or email with clear request.

5.3.3. Send exchanged items within 14 days; items must be unused, labeled, and in original packaging.

5.3.4. Buyer bears shipping costs for returns and re-delivery.

5.3.5. Seller informs Buyer of new pickup date upon receipt.

6. Personal Data Processing

6.1. Processed data: name, surname, email, phone, address, bank account number, order history.

6.2. Data stored for up to 2 years from last login; invoices retained for 10 years.

6.3. Data shared with tax authorities and logistics partners as required.

6.4. Direct marketing data processed only with Buyer’s consent.

6.5. Buyer may access, correct, delete, or restrict processing of personal data.

7. Cookie Usage

7.1. Cookies used for information transfer, cart management, authentication, and remembering preferences.

7.2. Cookies stored until expiration.

7.3. Details of cookie types and durations in the Cookie Policy.

8. Final Provisions

8.1. Parties shall cooperate prudently, honestly, and diligently.

8.2. Force majeure excuses non-performance if unavoidable.

8.3. Notice required when force majeure begins and ends.

8.4. All notices must be in writing; Seller via email or phone, Buyer via contact details.

8.5. Litigated under the laws of the Republic of Lithuania.

8.6. Disputes resolved by agreement, then courts if necessary.

8.7. A written pre-litigation claim is required before court proceedings.

8.8. Buyer covers costs of debt recovery.

Annexes

• Withdrawal Form for Consumer Buyer of Non-Food Products
• Exchange/Return Form for Consumer Buyer of Non-Food Products
• General Data Protection Information for kiemaitis.lt
• Data Subject Rights Request Form