• These sales-purchase conditions for the items
(hereinafter – conditions) regulate the use of the website tomasgold.lt as well
as establish the procedure for shopping at tomasgold.lt. Tomasgold.lt reserves
the right to revise these conditions at any time during the adjustment of this
website. Updated conditions will replace any other previous versions of the
conditions. Using this website the customer confirms that he/she agrees to the
conditions and all their amendments.
The customer confirms that he/she has read the sales-purchase conditions by checking the box “I have read the sales-purchase conditions and accept them”.
The customer must comply with these conditions and shall not violate the legislation of the Republic of Lithuania.
• These sales-purchase conditions are the legal document to the parties indicating the rights of the buyer and the seller, the procedure for purchasing, payment, delivery and return of the items as well as any other provisions in relation to the sales-purchase of the items at the online shop tomasgold.lt.
• Legal entities, natural persons who have reached the age of majority as well as underage persons able to dispose of their own income independently shall have the right to buy at the online shop tomasgold.lt (natural persons younger than 16 years of age shall have the consent of their parents or guardians). The authorised representatives of the persons indicated in these conditions shall also have such right.
By accepting the conditions the customer confirms that he/she has the right to buy at the online shop tomasgold.lt under this clause.
• The customer of the online shop tomasgold.lt is liable for the correctness of the submitted data. It is necessary to provide full address of the place of residence upon the registration (it is necessary not only for the delivery of the items, but also for issuing an invoice for the purchased items). It is necessary to provide a contact phone number upon registration. Tomasgold.lt team might contact you for additional information before the despatch of the order for the clarification of the order. In case of provision of incorrect data, the use of the website www.tomasgold.lt may be limited to the customer.
• The customer is responsible for the accuracy of the delivery data.
The customer must always indicate accurate delivery address and postcode. In case of the provision of incorrect or false information, tomasgold.lt team shall not be liable for possible delivery failures as well as shall have the right to request compensation for the repeated delivery due to the incorrectly indicated information of the buyer.
• The seller shall be relieved of any responsibility in such case, when losses result from the failure of the buyer to familiarise with these conditions regardless of the recommendations of the seller and his/her own obligations, even though such opportunity has been given to him/her.
Agreement of Sales-Purchase of Goods.
• The Agreement of Sales-Purchase of Goods is
deemed to be concluded between the parties from the full payment of the buyer
to the moment the funds are credited into the bank account of the seller.
Procedure for Acquisition of the Goods
The buyer can order the goods after the registration
at the online shop tomasgold.lt, and without the registration, simply after
properly filling in the required information, necessary for the execution of
the order of the goods.
The seller reserves the right to cancel the order without giving any reasons.
The payment is considered to be made from the moment
the funds are actually credited into the bank account of the seller.
The buyer can choose the method of payment at the place of delivery of goods, if the delivery is to be made to the store, in such case, the payment can be made by credit card as well as cash or the goods can be paid using Paysera or PayPal system. After proper filling in of payment related boxes and full completion of the payment, the buyer receives a confirmation of the order by E-mail. If the item is to be delivered via LP Express parcel terminal, the customer shall pay for the item using Paysera or PayPal system. All prices of the goods are provided VAT inclusive in euros. The buyer receives the purchase documents (invoices) at the moment of the delivery of the goods.
The goods are delivered throughout Lithuania and
Estonia via LP Express terminals, delivering them to our stores or through an
authorised representative of the seller.
The buyer undertakes to indicate the exact location for the delivery of goods.
The seller delivers the goods to the buyer on the terms and rates indicated in the section “Delivery”. These terms are preliminary and shall not be applied in such cases, when specific goods are not available at the warehouse of the seller. Moreover, the buyer also accepts that the seller shall be relieved of the responsibility for the delay of the delivery of goods due to the unforeseen causes as well as due to the circumstances beyond the seller’s control.
The seller reserves the right to deliver the parcel of the products in split deliveries.
The refusal of the customer to accept the parcel shall be considered as the goods delivered to the customer.
At the moment of the delivery of the goods to the buyer, the buyer together with the seller or his authorised representative (if applicable) shall inspect the condition of the parcel and the item, and shall sign the document of the transfer-acceptance of the parcel. After the buyer signs the document of the transfer-acceptance of the parcel, it shall be deemed that the parcel is handed over to the buyer in proper condition and there are no damages which can be detected during the external inspection of the goods. In case it has been noticed that the packaging of the delivered parcel is damaged, i.e. crumpled, wet or otherwise externally damaged, or the set of the goods is improper, the buyer shall mark this accordingly in the document of the transfer-acceptance of the parcel as well as conclude a parcel damage or non-compliance report of a free form. In case of the failure of the buyer to carry out these actions, the seller shall be relieved of the responsibility, and in such case, it shall be deemed that the goods are delivered in good condition and high quality.
All goods sold at the online shop tomasgold.lt are of high quality, tested and have fineness. Items with precious stones have the certificates of the Lithuanian Assay Office.
The seller refuses to return money for the goods of
proper quality in accordance with the Civil Code of the Republic of Lithuania
and the rules of the retail trade. The seller undertakes to replace the goods
of improper quality with the goods of appropriate quality or to remedy their defects.
In such case, the visual appeal of the item shall remain intact, the item
shall not be damaged or used.
Upon returning the goods, the following rules shall be followed:
The money shall be returned after the seller has inspected the returned item and made sure that the item is not damaged and complies with the terms of return. The money for the returned goods shall in all cases be transferred only to the bank account of the payer.
In case of failure to comply with the abovementioned requirements, the seller shall have the right to refuse to accept the returned item.
IMPORTANT: if you purchased the item online, your purchase document is the invoice, which you have received together with the item or by E-mail.
The buyer can replace the purchased item with the
other item of the online shop tomasgold.lt of the same price (not cheaper) or
with the more expensive one (the excess must be paid) after a prior agreement
with the seller by indicated means of communication (contacts).
• In order to avoid misunderstanding, you must
carefully read the information about how to use the item.
• The delivered goods may be slightly different from the displayed on the Internet; therefore, the customer must carefully read the information on the item in advance, before confirming the order. In the meanwhile, every effort is made in order to ensure that the photographs at the online shop tomasgold.lt depicting the colours, models and styles of the products correspond to the original products; however, there may be some differences due to technical limitations trying to recover the colour on the screens of your computers or phones. Accordingly, tomasgold.lt shall not be liable in any circumstances for any errors or inaccuracy of the photographs or graphic images of products posted on the website.
• Weight of the same models can be slightly different.
• Parameters of the mounted precious stones indicated on the website (the colour or clearness of a brilliant) in certain cases may be different from the parameters established for the precious stones or products by the Lithuanian Assay Office, since when assessing the mounted products the Lithuanian Assay Office provides a 20% error probability for their evaluation.
• Warranty is provided only to the goods with the manufacturer’s defect, and is not provided to the goods otherwise damaged by accident, improper use, mistreatment, negligence or depreciation.
• Warranty of the manufacturer does not cover the clauses below:
• Warranty shall not be applicable in case the item was partially altered by third parties engraving it, adjusting the size of it or otherwise changing the item.
• In case any part of the jewellery (including stones, necklace, and clasp) falls off, it shall be returned together with the other parts before intending to carry out any fixing.
Tomas Gold does not take any responsibility for the lost elements or stones.
Rights and Obligations of the Buyer
• By using the online shop tomasgold.lt the buyer
undertakes to comply with these conditions, other rules, indicated at the
online shop, as well as not to violate any legislation of the Republic of
• The buyer shall have the right to purchase goods at the online shop tomadgold.lt in the procedure established in these conditions and other information sections of the online shop.
Rights and Obligations of the Seller
• The seller undertakes to enable the buyer to
use the services provided by the online shop tomasgold.lt in accordance with
the terms established in these conditions and the online shop.
• The seller undertakes to respect the right of the buyer to the security of his/her data and to use the data of the buyer only in the procedure laid down in these conditions and the legislation of the Republic of Lithuania.
• The seller shall have the right to cancel the order of the buyer without prior notification, provided that the buyer fails to submit all data necessary for the execution of the order and it is impossible to contact the buyer using provided phone number or E-mail address, as well as in case the full payment has not been made. The period for the delivery of goods in such case shall begin from the moment all information is submitted and/or the payment is made. The seller shall have the right to cancel the order without prior notification to the buyer, provided that the seller is unable to contact the buyer.
The seller shall reserve the right to:
• Alter the information on the website: the goods, description of the goods, prices and rules. In case of new clauses of the rules of the shop tomasgold.lt, they shall come into force immediately after their publication.
• Limit the access of the customers to use this website, provided that these rules fail to be followed.
• To hold the persons failing to comply with these rules or carrying out malicious activities accountable in accordance with the valid legislation of the Republic of Lithuania.
• To claim for compensation of the transportation costs, provided that the customer unilaterally cancels the ongoing order as well as in cases of replacement of the item.
• To request for the goods to be returned at the expense of the customer or for the reimbursement of the return (delivery) services from the customer in compliance with the article 6.367 of the Civil Code of the Republic of Lithuania.
• To deduct the amount of the provided additional discount from the amount to be returned to the customer, provided that the customer used the additional discount of the offer and later cancelled (returned) at least one item of good quality from the offer to which the discount was applied.
Discrepancies and System Errors
• In individual cases, the prices or any other
information on the website tomasgold.lt may be provided incorrectly due to the
system or printing errors. Even though the seller makes every effort in order
to avoid such errors, they still may occur. In case the indicated price of the
product is lower than the actual price or provided that the ordered product is
not available, the seller shall reserve the right to cancel the order
immediately notifying the buyer about that as well as returning the paid
amounts. The seller shall not be liable for the damages and the losses incurred
by the buyer due to such cancelation of the order.
• The weight of the products on the website may slightly differ. It will be rounded up to the benefit of the buyer.
• In the presence of material reasons, the seller
shall be able to suspend or completely terminate the activities of the online
shop without prior notification about that to the buyer.
• By using this website you give your consent to
the company Tomas Gold, 302861445, to collect and use your personal data in the
information you submit by sending requests to us, including name, surname,
phone No., other contact details (all collectively – personal data), in order
to administrate your orders/requests properly.
• General provisions:
Tomas Gold, 302861445, in no circumstances shall sell or transfer your personal data to any third party without your separate consent. No third party shall offer you its goods or services through the electronic systems managed by Tomas Gold, 302861445. Tomas Gold, 302861445, shall not use your personal data for the purposes of the direct marketing. Provided that Tomas Gold, 302861445, uses your personal data for the purposes of the direct marketing, your consent shall be received and the possibility to refuse shall be provided.
Tomas Gold, 302861445, complies with the following main principles of the processing of personal data:
1. Personal data is collected for the defined and legal purposes.
2. Personal data is processed accurately and fairly.
3. Personal data is processed legally.
4. All information about the processed personal data is confidential.
When processing and storing your personal data Tomas Gold, 302861445, implements all organisational and technical measures which ensure the protection of the personal data against any accidental or illegal destruction, alteration, disclosure as well as against any other illegal processing. Personal data is processed in accordance with the 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.
Personal data is collected and processed for the following purposes:
1. To process your requests;
2. For the purposes of the direct marketing – only by providing the possibility to refuse and with a separate consent;
• The rights of a person:
After giving your consent to process your personal data, you have the right:
1. To request to correct, destroy or suspend the actions of processing of your personal data, when the data is being processed without compliance with the abovementioned European Regulation and other legal provisions;
2. To object for your personal data to be processed;
3. After receiving your request regarding the processing of your personal data Tomas Gold, 302861445, will provide you with an answer no later than within 30 calendar days from the moment of your application. Only such requests regarding the processing of personal data are being examined which are submitted by E-mail email@example.com.
4. Members/customers of Tomas Gold, 302861445, shall have the right to apply for information in relation to their payment history, and removal of the information submitted by them. Such requests shall be executed within 30 days from the receipt of the letter by E-mail firstname.lastname@example.org.
• Final provisions:
The date of the last update of this document is 22/06/2018.