These terms and conditions (“the Terms”) apply to the use of this website (the “Website”). By accessing this Website and/or placing an order you agree to be bound by these Terms. If you do not agree to be bound by these Terms you may not use or access this Website. If you do use the Website, your conduct indicates that you agree to be bound by these Terms. In these Terms, unless the context requires otherwise:

• “Buyer” – 1) natural person who has reached the age of majority and whose capacity is not restricted by court order; 2) a minor between the ages of fourteen and eighteen who has the consent of his or her parents or guardians, unless he or she is emancipated; 3) a legal person;
• “Goods” – the goods which we supply in accordance with these Terms;
• “Order” – a purchase order in respect of the Goods issued by the Buyer to the Seller;
• “Parties” – Buyer and Seller together;
• “Seller” – www.muista.eu or MB Muista.

GENERAL PROVISIONS

This Website is owned and operated by MB Muista, legal entity code 304499742, registered office: Gaiziunu g. 4, Kaunas, LT-50216, Lithuania. If you want to ask us anything about these Terms or have any comments or complaints on or about this Website, please get in touch with us via email at info@muista.eu.

The Seller reserves the right to change these Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms.

Information that the Buyer provides on this Website must be complete and accurate. The Buyer agrees not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

If the Seller has the right or obligation to provide the Buyer with information or documents by email, in all cases the Buyer is responsible for providing the Seller with a valid email address belonging to the Buyer.

ORDER PROCESS

The Buyer can order Goods from the Seller without registering online.

When ordering Goods, the Buyer must indicate the relevant information that is necessary for the proper execution of the Order.

When the Buyer selects the purchased Goods and forms a shopping cart, completes all the steps of the Order, the last of which is the payment, the Seller and the Buyer are considered to have a purchase-sale legal relationship and a purchase-sale agreement. The Buyer is informed about the confirmation of the Order and confirmation of dispatch with tracking number/link by submitting notification by the email specified by the Buyer.

By approving the Terms, the Buyer agrees that all essential information about the Goods and its properties is provided in the Seller’s product description.

BUYER RIGHTS

The Buyer has the right to purchase Goods from www.muista.eu in accordance with the procedure established by these Terms.

The Buyer has the right to cancel the Order in accordance with the procedure established by these Terms.

The Buyer has the right to withdraw from the purchase-sale agreement in accordance with the procedure established by these Terms.

The Buyer has the right to replace or return the purchased Goods in accordance with the procedure established by the Terms.

The Buyer has other rights established in these Terms and applicable legal acts.

BUYER COMMITMENTS

By using this Website, the Buyer must fulfill his obligations, comply with these Terms, other conditions clearly indicated on the Website, and not violate the applicable legal acts.

The Buyer must pay for the ordered Goods and accept them in accordance with the procedure established by these Terms.

The Buyer has other commitments established in these Terms and applicable legal acts.

SELLER RIGHTS

The Seller has the right to cancel the Order without prior notice to the Buyer, if the Buyer, does not pay for the Goods within 3 (three) working days.

The Seller reserves the right to remove any item 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 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.

The Seller has other rights established in these Terms and applicable legal acts.

SELLER COMMITMENTS

The Seller undertakes to execute the Buyer’s Orders in accordance with the procedure established in these Terms and to communicate with the Buyer.

The Seller undertakes to respect the Buyer’s privacy, to process the Buyer’s Personal Data only in accordance with the Terms and the applicable legal acts.

Under the conditions provided for in the Terms, the Seller undertakes to deliver the Goods ordered by the Buyer and to accept the Goods returned by the Buyer.

In case the Seller is unable to deliver the ordered Goods to the Buyer due to important circumstances, the Seller may offer him a similar or analogous product informing about it by one of the contact details provided by the Buyer. If the Buyer does not agree for the Goods to be replaced by a similar product, the Seller undertakes to return the money paid to the Buyer within 14 (fourteen) business days and cancel Order in all cases.

The Seller undertakes to perform other obligations imposed on the Seller by the Terms and applicable legal acts.

The Seller has other commitments established in these Terms and applicable legal acts.

PAYMENT AND SECURITY

All prices are displayed on the Website in EUR and are inclusive of EU VAT for orders from the EU countries, and exclusive of VAT and other taxes for orders from countries outside the EU.

The price of the Goods indicated in the www.muista.eu at the moment of placing the Order is final and is valid for both the Buyer and the Seller, except in obvious cases of error. If the Seller determines that the price of any Goods ordered by the Buyer is incorrect, the Seller will inform the Buyer as soon as possible and the Buyer will be given the opportunity to confirm the Order with the correct price or cancel the Order. If the Seller is unable to contact the Buyer, the Order will be considered canceled and all amounts paid by the Buyer will be refunded to the Buyer. Prices are subject to change at any time, but except as noted above, price changes will not affect Orders for which the Seller has sent an Order confirmation.

The price of the Goods increases by adding the delivery costs if the Order will be delivered outside the EU.

The Buyer undertakes to pay for the Goods immediately. Only after the Buyer has paid for the Order, an Order of Goods will be formed.

The Buyer agrees that the Seller will submit the invoice in electronic form.

The Seller will only accept payments made by using credit cards (via Stripe) and PayPal. No other form of payment other than mentioned before will be accepted.

We take all reasonable care to make this Website secure. In order to ensure secure payment transactions, www.muista.eu uses 228-bit SSL encrypted payments. This means that all confidential data are encrypted and transmitted directly, using Secure Socket Layer (SSL) technology, to a secured server.

The Seller will take all reasonable care, insofar as it is in our power to do so, to keep the details of Buyer Order and payment secure, but in the absence of negligence on our part the Seller cannot be held liable for any loss the Buyer may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from this Website.

The Seller will not accept any responsibility for delays in delivering Orders resulting from lack of authorization by the bank.

The Seller reserves the right to withhold any Order for security reasons. Buyers affected will be notified. The Seller also reserves the right to cancel an Order if the Seller cannot verify the shipment and/or billing details, but the Seller shall notify the Buyer if this happens.

The Seller further reserves the right not to accept and/or cancel an Order if we believe the Buyer is obtaining the items for re-sale.

SHIPPING

Free Shipping in the EU, USA, Canada*, Switzerland*, Norway*, and the UK*.

*Import fees may apply, paid by the Buyer (Switzerland ~25-30 CHF, UK ~60-70 GBP, Canada ~55-70 CAD, Norway ~800 NOK). For exact import duty tax rates please contact your local customs and provide the following HS code: 9403 30.

In other countries outside the EU – shipping prices will be generated at the checkout after you fill in your delivery address. If your country is not listed for shipping, please contact us at hi@muista.eu for an individual shipping quote. Orders to countries outside the EU may be subject to import taxes, which are levied once your package reaches your country. We ship orders according to the Incoterm Delivered Duty Unpaid (DDU), which means we do not collect VAT, duties, and/or taxes on orders to countries outside the EU and we cannot predict what charges buyers in specific countries will be subject to. If you do incur any such additional charges they must be rendered for your order by yourself to clear customs. Please contact your local customs office for more information.

In order to prevent problems with delivery (incorrect addresses, not finding anyone at the address) the corresponding form must be filled in correctly, especially the box with a contact telephone number and delivery address.

Goods in the EU are delivered via DPD courier. In countries outside the EU, Goods are delivered via UPS/FedEx courier delivery service.

The delivery time is between 3 and 7 working days after dispatch. This is a provisional term, and it is subject to change according to the country. If delivery time is longer, the Seller shall inform the Buyer separately.

Risk of loss or damage to the Goods shall pass to the Buyer at the time the Goods are delivered.

The Buyer undertakes to accept the Goods himself. If he is unable to accept the Goods himself, and the Goods have been delivered to the specified address and on the basis of other data provided by the Buyer, the Buyer has no right to make claims to the Seller regarding the delivery of the Goods to the wrong entity.

The Seller is released from liability for violation of the terms of delivery of Goods if the Goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances beyond the control of the Seller.

Upon receipt of the Goods, the Buyer together with the courier must check the condition of the delivered parcel (whether the outer packaging is not damaged) and sign the delivery and acceptance document. Once the Buyer has signed the delivery and acceptance document without any remarks, the delivered Goods is considered to be in good condition.

RETURN AND EXCHANGE

Rules for the exchange and return of Goods of appropriate quality:

• The Buyer has the right to replace the purchased Goods with similar Goods of different dimensions, shape, color, model or completeness within 30 (thirty) days from the day of delivery of the Goods. If there is a price difference when changing the Goods, the Buyer must pay the Seller according to the recalculated prices. The Buyer’s notice of wish to exercise the right provided for in this clause of the Terms with the specified returned Goods shall be sent by email to hi@muista.eu.

• Upon receipt of the Goods, the Seller undertakes to replace them with the same Goods only in the shape, size, color, model or completeness specified by the Buyer. If the Seller does not have a product suitable for replacement, he shall return the money paid for the Goods to the Buyer. The money is returned to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer’s notice of wish to exercise this right, and if the Goods is not returned to the Seller, the term provided for in this clause is calculated from the date of return.

• In order to return or exchange an Order, the Buyer must check that it meets the following criteria:
  • the Goods must not be damaged;
  • the Goods must be returned in the condition in which it was sent, in the original packaging.
  • the Goods must be delivered to our offices within 30 (thirty) calendar days of receipt of the Order.

• Returns within the EU: The Seller is responsible for the delivery of returned Goods back to the Seller.
• Returns outside of the EU: The Buyer is responsible for delivery of returned Goods back to seller, along with the shipping costs on behalf of the Buyer. Please also note that any local customs taxes are non-refundable.

• Goods lost in return transportation will not be compensated for. Delivery charges on returned Goods are at the Seller expense. Refunds for returned Goods will be made within 14 (fourteen) calendar days of the return of the Goods, to the original Buyer’s bank or PayPal account.

• Please return your Goods to:
  MB Muista
  Gaiziunu g. 4, Kaunas
  LT-50126
  Lithuania

• By approving the Terms, the Buyer agrees that the money shall be returned to the Buyer’s bank or PayPal account, unless otherwise agreed between the Buyer and the Seller.

• The Seller provides a 3 years warranty to all Goods. The warranty covers manufacturing defects and but not misuse, normal wear and tear and defects caused by exposure to sunlight. Please note that as with all natural materials – natural distortions of wood grain and branch sections on the brims of Muista legs will not be regarded as a defect.

• Deficiencies of sold Goods are eliminated, low-quality Goods are replaced, returned in accordance with the procedure established in the Terms and considering the requirements of the legal acts of the Republic of Lithuania.

• The Goods will be considered to be of good quality if (i) it meets the description and characteristics specified in the Website (ii) it is suitable for normal use as other Goods of the same type (iii) the quality and characteristics of the Goods are as expected from another goods of the same kind.

• The Seller does not refund for Goods that have been intentionally or negligently damaged (exposed to chemicals, water, open flames, high temperatures, sharp objects, etc.), or if the rules for using or storing the Goods have been violated, or the Goods have been misused.

• In case of problems with the Goods purchased on the Website, the Buyer may contact the email address or telephone number indicated on the Website. The Buyer also has the opportunity to submit a request / complaint to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, phone 852626751, on the website www.vvtat.lt, to its territorial subdivisions in counties) or fill in the application form on the Electronic Dispute Resolution Platform at ec.europa.eu/odr/.

ORDER CANCELLATION

The Buyer may cancel Order(s) at any time before Order(s) has been sent and receive a full refund. If an Order has been sent (i.e., has already left our warehouses) the Buyer will have to wait until the Order is returned back to the Seller.

The Buyer, when buying as a consumer, has the right to withdraw from the contract within 30 (thirty) days without giving any reason. The withdrawal period will end 30 (thirty) days after the date on which the Buyer has acquired physical control of the Goods.

The Seller has the right not to carry out the refund procedure until it receives the returned Goods or proof that the Buyer has sent the returned Goods, whichever comes first. The Buyer is responsible for the impairment of the Goods due to actions that are not necessary to determine the nature, characteristics, and functioning of the Goods.

WARRANTIES

The characteristics of each Good sold by the Seller are indicated on the Website to each Goods.

3 years warranty is given to all our Seller’s Goods. The warranty covers manufacturing defects and but not misuse, normal wear and tear, and defects caused by exposure to sunlight. Please note that as with all-natural materials – natural distortions of wood grain and branch sections on the brims of Muista legs will not be regarded as a defect.

LIABILITY

If you breach the Terms and the Seller takes no action against you, the Seller will still be entitled to use his rights and remedies in any other situation where you breach the Terms.

If the Website contains links to other websites and information of third parties, the said links are provided for information purposes only and the Seller does not control these websites, regardless of their content or information. Therefore, the Seller accepts no liability for any loss or damage arising from their use.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with Lithuanian laws which are compatible with EU legal acts. The Parties, without waiving their own jurisdiction or any other that they may be entitled to by law, submit themselves to the jurisdiction of the relevant courts of Lithuania for any action and claim that could arise regarding the execution and/or interpretation of these Terms.

FINAL PROVISIONS

These Terms have been drawn up in accordance with the legal acts of the Republic of Lithuania which is compatible with EU legal acts.