1. GENERAL TERMS AND CONDITIONS
1. These rules of mediation (hereinafter the “Rules”) apply to a person placing an order (hereinafter referred to as the “Client”) to the shopping intermediary UAB Cargolot, with the legal entity code: 304840097, address: A. Goštauto g. 8-342, LT-01108 Vilnius, (hereinafter referred to as the “Intermediary” in the “Rules”) on the platform www.atvido.com
2. The Client, who is registering on the website www.atvido.com administered by the Intermediary (hereinafter the “Website”) confirms that he/she has read and understood the Rules.
3. During registration and when placing an order on the website, the Intermediary shall process the personal data provided by the Client, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
4. The provision of the Client’s personal data does not grant the Intermediary the right to send information messages to the Client, except for those required to fulfil the Client’s order and delivery. If the Client wishes to receive direct marketing communications, he/she must express his/her consent to the use of his/her personal data (by subscribing to such communications in his/her account). The Client has the right to revoke his/her consent to the processing of his/her personal data for direct marketing purposes at any time (by unsubscribing to such communications in his/her account).
5. The relationship between the Intermediary and the Client, insofar as it is not discussed in these Rules, shall be governed by the legislation of the Republic of Lithuania.
2. ACCEPTANCE AND TRANSPORTATION OF GOODS – ORDER PLACEMENT, EXECUTION AND CANCELLATION
6. The Intermediary provides services for the acceptance, storage and delivery of goods from foreign points of sale, i.e. the Client orders goods independently online from foreign sellers, then pays the seller directly and instructs to deliver of the goods to go to the Intermediary’s warehouses located in foreign countries. After receiving the Client’s goods in the foreign warehouses and receiving the payment, the Intermediary transfers the Client’s goods to couriers for delivery to destination country.
7. To place an order with the Intermediary for the acceptance and transportation of goods, the Client shall register (when using the Intermediary’s services for the first time) on the Intermediary’s website under the section “My Account” and fill in the form at the time of registration, by correctly indicating all the requested data. After successfully registering on the Website, the Client can log in to his/her account and place orders for the acceptance and transportation of goods by using the login data created during the registration process.
8. The Client can become acquainted with the service pricelist here: https://www.atvido.com/pricing/.
9. The Client has the right to cancel his/her order at any stage, by submitting a free-form request to the Intermediary and referencing the order number in that request. If the Intermediary has already begun to provide the services, the Client shall reimburse the Intermediary in an amount equal to the scope of the services that have been provided.
3. PURCHASE, ACCEPTANCE AND TRANSPORTATION OF GOODS – ORDER PLACEMENT, EXECUTION AND CANCELLATION
10. The Intermediary provides services such as ordering and purchasing goods from points of sale in the United Kingdom (on behalf of the Client), as well as accepting, storing and delivering them, i.e. depending on the order placed by the Client, the Intermediary shall perform part or all stages of the order on behalf of the Client – including the search for the goods, payment for the goods and other tasks related to the order. In such cases, the Intermediary acts as a disclosed intermediary between the seller of the goods and the customer (the Client). The Intermediary shall not be considered the seller of the goods and shall not be responsible for the quality, packaging and successful delivery of the goods to the Intermediary’s warehouse in a foreign country, etc., as long as it is related to the customer-seller relationship and not to the services provided by the Intermediary.
11. To order the purchase and/or delivery of goods, the Client shall fill in the order form on the Website: https://www.atvido.com/personal-shopper. In this form, the Client shall paste the link to the desired product on the Website, as well as provide additional information about the desired colour, size and other important information related to the order. The Intermediary shall submit a price offer for the Intermediary’s services to the Client after assessing the nature, price, size and other details of the product, as well as the service of the delivery of the goods to the Intermediary’s warehouse or to the address indicated by the Client. The Intermediary shall order the goods on behalf of the Client, upon the receipt of the Client’s confirmation.
12. The Client should be aware that the price of the Intermediary’s service will be calculated on an individual basis during the delivery of goods from the United Kingdom, because the Intermediary does not have the ability to provide a general pricelist in advance due to the constantly changing fees that affect the total price of the service in the United Kingdom.
13. When submitting the request, the Client must provide as accurate information as possible, so that the Intermediary can calculate the price accurately when making an offer. This means that the Client shall indicate the correct link, describe the desired size, colour and provide other pertinent information to assist the Intermediary in determining exactly what type of product the Client prefers.
14. The offers will be sent to the Clients via the e-mail addresses they provide, and all prices will be in euros. The offer submitted to the Client will be valid for one day, if the price of the product in the online store does not change during that time.
15. If the Client expresses a desire to purchase the goods based on the submitted offer after more than one day, the Intermediary reserves the right to recalculate and resubmit the offer at a new price, if the price of the product has changed during that time or the price of the service has increased, regardless of the Intermediary’s will.
16. The Client has been informed that the Intermediary provides the service of the purchase and delivery of the goods by acting as the disclosed intermediary, in accordance with the procedure set out in the legislation of the Republic of Lithuania, and is not liable for the warranty of new or used items purchased on the Client’s behalf and based on their preference.
17. If the goods purchased on the Client’s behalf and according to their preference do not meet the Client’s expectations, do not perform the functions, are defective or the defects become apparent after a while, the Intermediary shall provide the Client with communication for assistance during the warranty period, in order to return the goods to the seller or replace them. The Client understands and is aware that the Intermediary is not responsible for defects in a product, its replacement and/or a refund of money. The Intermediary shall respond to the Client’s notices regarding product malfunctions or defects as soon as possible, but no later than within 10 business days.
4. PAYMENT PROCEDURE
18. The Client shall pay the specified price for the Intermediary’s services using a Visa or MasterCard payment card.
19. The Client shall pay in full for the goods purchased and shipped to the Intermediary’s warehouses, before they are delivered to the Intermediary’s warehouses. The Client is aware and understands that the Intermediary will not be held liable for goods that have not been paid for, prior to the delivery to the Intermediary’s warehouses. The unpaid goods will not be accepted by the Intermediary.
20. The Client shall pay for the goods ordered by the Intermediary on his/her behalf and according to his/her preference within one day of the Intermediary’s offer being submitted.
21. If the price of the goods in the e-shop changes while the Client’s funds are credited to the Intermediary’s bank account, the Intermediary has the right to demand that the Client pay for the difference in prices, and the Client has the right to object to such an increased price. If the Client objects to the increased price of a product, the Intermediary shall cancel the order and refund the Client’s payment within 10 business days.
22. If the Client fails to pay the Intermediary for the goods under the offer submitted within one day of the date of the Intermediary’s offer, the offer shall be deemed invalid. Nevertheless, if the Client pays the Intermediary in accordance with the offer submitted more than one day later, the Intermediary shall have the right to recalculate the offer and, if the price of the product has changed during that time or the fees affecting the price of the Intermediary’s service have changed, to ask the Client to cover the resulting price difference. If the Client objects to the increased price of a product or service, the Intermediary has the right to cancel the order and refund the Client’s payment within 10 business days.
23. It shall be deemed that the Intermediary’s services have been paid for when the funds are credited to the Intermediary’s bank account.
5. CLIENT’S RIGHTS
24. The Client has the right to order the Intermediary’s services through the Website, in accordance with the procedure outlined in these Rules.
25. The Client has the right to cancel his/her order by submitting a free-form request to the Intermediary and referencing the order number in it. If the Intermediary has already begun to provide the services, the Client shall reimburse the Intermediary in an amount equal to the scope of the services that have been provided.
26. The Client has the right to receive the Intermediary’s newsletters and special promotions on the Website, by expressing his/her consent. The Client has the right to revoke his/her consent to the processing of personal data for marketing purposes at any time, by notifying the Intermediary via e-mail at email@example.com
27. The Client also has the other rights established in these Rules and in the legislation of the Republic of Lithuania.
6. CLIENT’S OBLIGATIONS
28. The Client shall fulfil his/her obligations and comply with these Rules and the other conditions clearly indicated on the Website while using the Website, and shall not violate the legislation.
29. The Client shall pay the Intermediary for the services provided in a timely and proper manner.
30. By accepting the Rules, the Client agrees not to ship goods to the Intermediary’s warehouse whose storage, trade, transportation, handling, keeping, maintenance and delivery are prohibited by these Rules (see the list provided in the Rules), and/or the applicable laws of any jurisdiction in which the parcel is received, from which it is delivered or through which it is transported.
31. The Client agrees that the uncollected and unidentified parcels will be stored in the Intermediary’s warehouse for a maximum of 90 calendar days from their delivery to the Intermediary’s UK warehouse, and shall be disposed of after that time. The parcels will be stored for 30 days free of charge. A parcel can be stored for a longer period of time, but each additional day of storage will cost EUR 1.01 (one euro and one cent).
7. RIGHTS OF THE INTERMEDIARY
33. The Intermediary has the right to refuse to accept an order for important reasons, such as the Client’s failure to pay for the order within the specified period of time or a failure to provide all the necessary information for the order fulfilment, or if the Intermediary has no possibility of delivering the ordered items due to their specific features or other reasons, by informing the Client as soon as possible, but no later than within 2 business days from the moment when the order was placed.
34. The Intermediary shall have the right to repackage the Client’s product if it was delivered to the Intermediary’s warehouse in a loose package, or if the Intermediary believes that delivering the product safely in the existing package will be impossible.
8. DUTIES OF THE INTERMEDIARY
35. The Intermediary shall deliver the goods ordered and paid for by the Client.
36. If the Intermediary notices any damage to the packaging of the received goods, he shall immediately notify the Client upon the receipt of the goods at his warehouses and make a further decision regarding the delivery of the goods, in accordance with the Client’s instructions.
37. The Intermediary shall ensure the security of the Client’s personal data and shall not transfer it to any third party without the Client’s consent, except in the cases provided for by the laws of the Republic of Lithuania.
38. The Intermediary shall assist the Client in resolving disputes between the Client and the seller, through proper communication.
8. PROHIBITED ITEMS
40. The Client has been informed that the Intermediary does not provide the acceptance, storage and transportation services specified in the Rules, and prohibits the sending of perishable goods (food products) and fragile items (shower enclosures, mirrors) through the Intermediary. If the Client has shipped such goods in violation of these Rules, the Intermediary will not be liable if the Client receives perished or broken goods.
41. The Client has been informed that, in accordance with Republic of Lithuania’s legislation, it is prohibited to send the following goods when using the services of an Intermediary:
narcotic drugs and psychotropic substances;
tobacco products and cigarettes;
deactivated disarmed explosive devices, firearms, munitions of war (including grenades, projectiles, cartridges, etc.), air guns, any copies and imitations of explosive devices or firearms;
explosive/inflatable (such as airbags), flammable, radioactive, poisonous, toxic, oxidising and other hazardous substances;
matches, lighters or magnets;
items containing offensive or vulgar texts or images;
items that are prohibited to import and use in the country of receipt;
live animals, with the exception of bees, leeches, silk moths, parasite and pest control measures sent to officially recognised institutions in registered small packages;
alcoholic beverages in leaky bottles;
all types of aerosols;
other items whose shipment is prohibited by the resolutions of the Government of the Republic of Lithuania;
coins, banknotes, cheques or any bearer securities, traveller’s cheques, refined or unrefined platinum, gold or silver, gemstones, jewellery and other valuables may only be sent in evaluated parcels to the countries where such items are permitted to be imported.
Meat products must always be packaged hermetically. The quantity of meat products sent must be limited (up to 5 kg);
Sending products in aerosol packaging is prohibited.
42. The Intermediary’s liability shall begin when the Intermediary accepts the parcel in a foreign warehouse, and shall continue throughout the shipment until the parcel is transferred to the Client or the courier service of the Client’s choice.
43. The Intermediary shall not be liable for any goods not delivered to his warehouse or for any defective goods delivered to his warehouse. The Intermediary shall notify the Client as soon as possible of a missing parcel or the delivery of a damaged parcel, and shall provide visual material (a photo or video) of the parcel when obvious external damage is visible. To continue with the delivery, the Intermediary must receive the Client’s response regarding further actions and mediate if the Client decides to return the product in the damaged packaging.
44. The Intermediary will not be liable if the parcels were not delivered to the Intermediary’s warehouses due to the Client’s fault; for example, if the Client has provided an incorrect warehouse address of the Intermediary.
45. The Intermediary shall not be liable if the Client has sent prohibited items through the Intermediary.
46. International freight transportation is governed by the CMR Convention. If part or all of the cargo is lost, the Intermediary shall compensate the Client, in accordance with the CMR Convention. According to the CMR Convention, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage. The value of the goods shall be fixed according to the commodity exchange price or, if there is no such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality. Compensation shall not, however, exceed 8.33 units per kilogram of gross weight that is missing.
47. The Intermediary shall not be liable for any parcels containing prohibited items accepted by mistake, and reserves the right to open a package at any stage of the delivery and check its contents by drawing up a deed, if it is suspected that the package contains prohibited items that may endanger human health or other parcels, as well as items prohibited from being carried through the territory of other countries. In the event of suspicions about the possible transportation of prohibited goods, the Intermediary shall take appropriate actions in accordance with the laws of the Republic of Lithuania, such as refusing to accept the parcels and returning them to the seller if they have already been accepted. In such a case, the Intermediary has the right to demand that the Client (and the Client is obligated) pay all costs and losses incurred as a result of the event.
48. If, at the Client’s request, the parcel is transferred from the Intermediary’s warehouses to other couriers, the Intermediary shall not be liable and shall not compensate for any losses incurred due to the fault of other couriers, i.e. the Intermediary’s liability shall cease from the moment when the product is transferred to the courier chosen by the Client.
49. The Intermediary shall not be liable for any damage caused by the suspension or seizure of the parcel by public institutions, or if any legal action with respect to the parcel has been taken, in accordance with the applicable law.
10. FINAL PROVISIONS
50. The Client has been informed that inquiries, requests or claims may be sent to the Intermediary via e-mail at firstname.lastname@example.org or by registered mail to the following address: 41 St. John’s Way, Thetford, IP24 3NW, UK. The Client shall provide as much accurate information as possible in his/her request, inquiry or claim, as well as his/her contact details (e-mail address (if any) and phone number) and the preferred method of receiving the response. If the Client does not provide a preferred method, the response will be sent in the same manner as the request, inquiry or claim was received by the Intermediary. The Intermediary shall respond no later than within 10 business days after receiving the complaint or request.
51. The Intermediary reserves the irrevocable right to amend and supplement the Terms and Conditions at any time, in any manner and to any extent necessary, in accordance with the applicable law or at the Intermediary’s discretion. The most recent version of the Rules can be found on the website. If the Client continues to use the website or place orders for the Intermediary’s services after the relevant amendment to the Terms and Conditions, the Client shall be deemed to have accepted the new version of the Rules.
52. These Rules shall be subject to, and interpreted in accordance with, the law of the Republic of Lithuania.
53. The parties shall resolve any dispute, disagreement or claim arising out of, or in connection with, these Rules by a process of negotiations. If the dispute cannot be resolved peacefully, the Client may bring the matter before the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.
54. If the Client believes that his/her rights were violated at any stage during the order processing, he/she may file a complaint with the European Commission Online Dispute at http://ec.europa.eu/odr.
Version of the Rules: 28-06-2022