Terms of service

All terms and conditions are described on this page.

Article 1. Parties to this agreement

The company MB GAMTA GYDO, registered in Lithuania, whose registered office address is Senamiesčio g. 100, LT-35116, Panevėžys, Lithuania, hereinafter referred to as the “Seller”.

Any natural person or company wishing to purchase on the Seller’s website is hereinafter referred to as the “Buyer”.

Article 2. Purpose

The Seller’s activity includes the manufacture and online sale of food supplements and related accessories and products (hereinafter – the “Product”).

The Buyer and the Seller agree that their relationship, as well as access to the website https://www.shilajitmumio.com/ (hereinafter – the “Website”) and its use, are governed exclusively by:

  • These General Terms and Conditions of Sale (hereinafter – the “Terms”), to the exclusion of any other terms. For the avoidance of doubt, these Terms prevail, where applicable, over any other version of these Terms, document or other conditions;

  • The Privacy and Cookie Policy;

  • The Legal Information; and

  • All applicable laws and/or regulations.

The General Terms and Conditions of Sale, the Privacy Policy and the Legal Information of the Website are available to Buyers on the Seller’s Website, where they are directly accessible.

The Privacy and Cookie Policy and the Legal Information are an integral part of these General Terms and Conditions of Sale.

Purchasing Products on the Seller’s Website implies that the Buyer is fully aware of and unreservedly agrees with these Terms.

The Buyer undertakes not to use the Website for any purpose other than that for which it is intended and not to do anything that would distort the Website or the online sale of Products.

The Seller may amend these Terms at any time. In the event of amendment, the Terms in force on the date of the Buyer’s order shall apply, a dated copy of which may be provided to the Buyer upon request.

The fact that the Seller does not require the application of any provision of the Terms or agrees to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Seller of its rights arising from the said provision.

The Terms were updated on 1 March 2022. This version prevails over any previously applicable version of the terms and conditions.

Article 3. Definitions

Product: means the products offered for sale on the Website, within the limits of available stocks. The photographs cannot guarantee a perfect resemblance to the Product offered.

B2B Buyer: means a Buyer who is a business.

Delivery: means the process of sending/transferring the physical possession or control of the Product to the Buyer.

Website: the infrastructure in computer format created by the Seller and available on the internet, including various types of data, and in particular texts, sounds, still or moving images, videos, databases, which the Buyer may become acquainted with in order to find out more about the Products and services and, where appropriate, to purchase them. The Website is accessible at the following URL address: https://www.shilajitmumio.com/.

Internet: means the various server networks located in different parts of the world, connected by communication networks and communicating using a protocol known as TCP/IP.

Article 4. Price

The prices of the Products offered for sale on the Website are indicated in euros (€) or USD ($), inclusive of all taxes (VAT and other taxes applicable on the date of the order), unless otherwise stated. For the avoidance of doubt, the prices shown on the Website do not include the costs of processing and delivering the Products.

All orders are payable in euros (€) or USD ($).

Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.

Similarly, if one or more taxes or levies are introduced or modified, whether increased or reduced, this change may be reflected in the sale price of the Products on the Website.

In the event that orders are shipped to a country outside Germany, the Buyer is considered the importer of the Product and may be subject to customs duties or local taxes or import duties or state taxes. The Buyer is responsible for these duties or taxes, both in terms of declaration and payment to the competent authorities and organizations.

The Seller reserves the right to change the prices of the Products sold on the Website at any time. The Seller shall invoice the Buyer for the Product at the price in force at the time the order is confirmed, subject to the availability of the Product.

The Seller undertakes to regularly check that all prices indicated on the Website are correct, but cannot guarantee that they are absolutely error-free. In the event of an error in the price of a Product, the Seller shall offer the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. If the Seller is unable to contact the Buyer, the order shall be deemed cancelled.

Article 5. Order

The Buyer may browse the Website and order the Products offered for sale on the Website, subject to their availability.

When placing an order, the contractual information is provided by the Seller in English and confirmed by the Buyer when the order is confirmed.

To purchase a Product by placing an order on the Website, the Buyer must complete an identification form, providing the following information:

  • Email address;

  • First and last name;

  • Postal address;

  • Telephone number;

  • Payment information.

All personal data collected at the time of ordering will be processed in accordance with Article 16.

A Buyer who has a customer account (see Article 14) and wishes to order a Product is exempt from filling in the identification form (except for payment information) and can therefore order more quickly.

Article 6. Validity and confirmation

By placing an order on the Website, the Buyer fully accepts these Terms, without exception or reservation.

A summary of the ordered Product(s) is sent by the Seller to the Buyer, after the order is placed, to the email address indicated in the Buyer’s identification form.

The summary of the Product order contains the following information:

  • A summary of the ordered Products;

  • The total price of the ordered Products;

  • The date and time of the order;

  • The date or period by which the Seller undertakes to deliver the Products;

  • The delivery costs of the Products;

  • The payment method chosen by the Buyer;

  • The Buyer’s withdrawal period and the procedure for exercising this right.

The Buyer must immediately check the content of the summary and promptly inform the Seller of any errors or inaccuracies.

Order confirmation is equivalent to the signing and acceptance of the transaction by the Buyer and the Seller.

The recorded order confirmation and all data transmitted at the time of the order are considered proof of the transaction.

If an order has been placed fraudulently, the Buyer who becomes aware of such use may contact the Seller’s customer service as soon as possible to inform the Seller of such fraudulent order.

It is expressly agreed that, in the absence of an obvious error by the Seller, the data stored in the Seller’s computer systems, under reasonable security conditions, shall constitute proof of the Buyer’s orders. Data in electronic or computer format constitute valid proof and are therefore admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in writing.

The Seller undertakes to fulfill orders placed on the Website only within the limits of available Product stocks. If the Products are unavailable, the Seller undertakes to inform the Buyer as soon as possible.

The Seller may refuse to fulfill orders if the quantities of Products are unusually high for Buyers who are private consumers.

Notwithstanding the foregoing, in the case of a B2B Buyer, the Seller shall not be liable if the delivered order corresponds to the order confirmation sent to the B2B Buyer.

Article 7. Payment

Confirmation of the order for the Products implies that the Buyer undertakes to pay the price indicated in the order confirmation.

When placing the order, the Buyer must pay for the order by credit card (debit card, Visa, Eurocard, MasterCard) or via PayPal, Apple Pay, Google Pay, Amazon Pay or Klarna.

Payment can be made using the online banking services of Swedbank, SEB, Luminor, Citadele and Šiaulių bankas. Payments are available in euros. Payments are processed using the MakeCommerce.lt payment platform.

In the case of a B2B Buyer, the Buyer may request the Seller’s authorization to pay for the order by bank transfer, at the Seller’s discretion.

Article 8. Availability

The Products are offered for sale on the Website by the Seller within the limits of available stocks and possible expiry dates. Offers for Products that are out of stock are valid depending on availability.

If the Product becomes unavailable after the order has been placed and accepted, the Seller shall inform the Buyer by email as soon as possible. The Buyer may then cancel the order.

Article 9. Transfer of ownership

The Products remain the exclusive property of the Seller until full payment of the price by the Buyer.

Ownership of the ordered Product shall pass at the time of the physical transfer of the Product to the Buyer; the risk of loss or damage to the Products passes from the Seller to the Buyer when the Products are dispatched by the Seller.

Article 10. Delivery

Delivery is made to the address indicated by the Buyer in the order form.

The delivery times indicated on the Website are average timeframes. The Seller makes every effort to meet these deadlines.

The delivery time of the order may vary depending on the delivery method chosen by the Buyer.

The Products are sent by the Seller to the delivery address indicated by the Buyer at the time of the order.

In the event of a delay in delivery, an email will be sent to the Buyer to inform them of this delay and the possible impact on the indicated delivery time.

Once the order has been paid for, an order tracking number will be sent to the Buyer at the email address provided.

The Seller shall not be liable for any delay in delivery due to the Buyer’s inability to take delivery.

Upon delivery of the Products, the Buyer must check that:

  • The number of packages delivered corresponds to the information on the transport document and the invoice;

  • The packaging is intact, undamaged, not wet and has not been altered in any way, including the materials used to seal the packaging.

The Buyer must immediately report any damage to the packaging and/or Products or any error in the number of packages or any inconsistency between the information on the transport document and the delivered products, by making a written reservation on the delivery note. By signing the delivery note, the Buyer may no longer contest the external appearance of the delivery packaging.

Article 11. Cancellation

The order for the Products may be cancelled by the Buyer in the following cases:

  • Delivery of a Product that does not comply with the characteristics of the Product specified;

  • A price increase that is not justified by technical changes to the Product imposed by public authorities; or

  • Delivery takes place after the expiry of the time limit indicated in the order form or, in the absence of such a time limit, after the expiry of thirty days from the Seller’s acceptance of the order.

The order for the Products may be cancelled by the Seller in the following cases:

  • The Buyer’s refusal to accept Delivery; or

  • Non-payment of the price at the time of order confirmation.

Article 12. Withdrawal

The Buyer has a withdrawal period of fourteen (14) days from the date of delivery of the order to return the Product to the Seller for exchange or refund without penalty, except for the cost of return, which is borne by the Buyer.

To exercise the right of withdrawal, the Buyer must inform the Seller of their intention to exercise this right by email within fourteen (14) days from the date of delivery of the Products. The Buyer may use the following withdrawal form, but its use is not mandatory.

(If you wish to withdraw from the contract, please complete this form and send it by email to: support@shilajitmumio.com)

I hereby notify you that I withdraw from the sales contract for the following goods:

Ordered on (*)

Name of consumer(s)

Address of consumer(s)

Date

(*) Delete as appropriate

Any return must be notified in advance to the Seller’s customer service department: by email: support@shilajitmumio.com

Returned Products must be in their original and complete condition (packaging, accessories, instructions) and accompanied by the original purchase invoice. The return must be made as soon as possible and no later than fourteen (14) days from the date on which the Buyer informs the Seller of their decision to withdraw from the contract.

Returns must be sent to the following address:

MB GAMTA GYDO
Senamiesčio g. 100, LT-35116, Panevėžys, Lithuania

Any damage to the Product during return is the responsibility of the Buyer and may, at the Seller’s discretion, be of such a nature as to prevent the Buyer from exercising the right of withdrawal.

If the above conditions are met, the Seller shall reimburse the Buyer for the amounts paid for the Product, including the delivery costs, upon receipt of the returned Products.

The refund will be made using the same payment method as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to the use of another payment method. The Seller is not obliged to reimburse any additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

In the case of distance selling, the right of withdrawal cannot be exercised in particular for the following contracts:

  • the supply of goods which are liable to deteriorate or expire rapidly; or

  • the supply of goods which have been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.

In the event of exchange of a Product, the shipping of the Product from the Buyer to the Seller and the reshipment of the new Product will be carried out exclusively at the Buyer’s expense.

Notwithstanding the above, in the case of a B2B Buyer, the Buyer cannot cancel their order after the order confirmation has been sent if the order has been personalized (for example, includes non-standard products or engravings).

Article 13. Warranties

All Products ordered on the Website are subject to a legal warranty of conformity and a warranty against hidden defects.

The Products must be returned by the Buyer in the condition in which they were received, with all parts (accessories, packaging, instructions, etc.), as well as the invoice proving payment. The delivery costs of the Products will be reimbursed by the Seller to the Buyer according to the rate indicated on the invoice, and the return costs will be reimbursed by the Seller to the Buyer upon presentation of supporting documents.

The provisions of this Article do not prevent the Buyer from exercising the right of withdrawal provided for in Article 12.

The Seller warrants that the Products are free from hidden defects that make the Product unsuitable for its intended use.

Any claim by the Buyer against the Seller on the grounds of hidden defects must be made within two years from the discovery of the defect.

The Seller warrants that the Products are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

Article 14. Customer account

The Buyer may create a customer account which provides access to several advantages, including: (i) faster ordering; and (ii) the ability to register different addresses.

To create a customer account, the Buyer must provide the following information:

  • First and last name;

  • Email address; and

  • Password.

The Buyer may create an account using their Facebook or Google account.

A Buyer with a customer account must log in to order Products on the Website.

In addition, in accordance with Article 16 and the Seller’s Privacy Policy, a customer account is automatically created for each Buyer who orders Products and does not yet have a customer account. This customer account will then be required for all future product orders. If the account becomes inaccessible to the account holder, the account holder may inform the Seller’s services by contacting customer service.

Article 16. Personal data

On the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016, the Buyer’s personal information may be processed by the Seller.

The processing of certain personal data of the Buyer is mandatory in order to: (i) process Product orders placed by the Buyer; (ii) create a customer account; and (iii) subscribe to the newsletter.

For more information on the processing of the Buyer’s personal data, the Buyer is invited to consult the Seller’s Privacy and Cookie Policy, which is an integral part of these General Terms and Conditions of Sale.

Article 17. Cookies

When browsing the Website, the Buyer is asked to consent to the use of persistent and non-persistent cookies by the Seller.

For more information about cookies, the Buyer is invited to consult the Seller’s Privacy and Cookie Policy, which is an integral part of these General Terms and Conditions of Sale.

Article 18. Intellectual property

All elements of the Website, visual or audio, including the software, and all intellectual property rights such as trademarks, service marks, trade dress, copyrights, patents and trade names appearing on the Website, the Product or any other content on the Website or provided by the Seller are and remain the exclusive property of the Seller.

Unless otherwise stated, the intellectual property rights to the documents on the Website and to each element created for this Website are the exclusive property of the Seller.

The Seller does not grant the Buyer any license or other rights except the right to browse the Website and place orders for Products.

The Buyer or any third party may reproduce any page or content of the Website only with the prior written consent of the Seller. Reproduction of any page, content or document published on the Website is permitted solely for information purposes for personal and private use; the Seller expressly prohibits any reproduction or use of copies for other purposes.

The Buyer is prohibited from using any of the Seller’s trademarks, images, trade names or other intellectual property rights for any purpose.

It is forbidden to copy, modify, create a derivative work from, reverse engineer, disassemble or otherwise attempt to find the source code (except as permitted by law), sell, assign, sublicense or transfer in any way rights relating to the Website.

It is prohibited to modify the Website or use modified versions of the Website, in particular (this list is not exhaustive) for the purpose of obtaining unauthorized access to the Website or accessing the Website by means other than the interface provided by the Seller for this purpose.

A Buyer who has a personal website and wishes to place a direct link to the Website on their own site for personal use must request the prior written consent of the Seller, who has the right to refuse such permission without giving any reason.

Any unauthorized link to the Website as referred to in this Article must be removed immediately at the request of the Seller.

Article 19. Confidentiality

The Website and any software used in connection with it may contain confidential information protected by applicable intellectual property rights or any other law.

Article 20. Liability

The Seller shall not be liable for non-compliance with the laws of the country to which the Product is shipped. The Buyer must consult the local authorities regarding the possibility of importing or using the ordered Products.

The Seller shall not be liable for any damage resulting from improper use of the Product by the Buyer or any third party. The Parties agree that the total aggregate liability of the Seller shall be limited to the price paid by the Buyer for the order.

The nutritional composition of each Product is clearly indicated on the Website, as well as in each order and on the Products themselves. The Seller shall not be liable for any intolerance or allergies of the Buyer.

The Seller shall not be liable for any inconvenience or damage arising from the use of the internet, in particular interruptions in service, external intrusions or the presence of computer viruses. The same applies to any hypertext links that may appear on the Website.

The Seller shall not be liable if the failure to perform any of its obligations is due to: (i) unforeseeable and insurmountable acts of a third party to the contract; or (ii) force majeure.

Article 21. Force majeure

Neither party shall be liable to the other party in the event of force majeure due to external causes such as labor disputes, pandemics or epidemics, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunication or electricity networks, but this list is not exhaustive.

Article 22. Archiving and proof

The Seller archives purchase orders and invoices on a reliable and durable medium.

The computerized records of the Seller are considered by all parties as proof of communications, orders, payments and transactions between the parties.

Article 23. Dispute resolution

In the event of a dispute, the Buyer must first contact the Seller’s customer service department by email (support@shilajitmumio.com).

If the complaint cannot be resolved through the customer service department or if the Buyer does not receive a response from the customer service department within two months from the date of submission of the complaint, the Buyer may refer the dispute to the International Court of Arbitration, which will act completely independently and impartially in attempting to bring the parties together to reach a solution.

The Buyer and the Seller are free to accept or refuse to resolve the dispute through mediation, as well as to accept or refuse the solution proposed by the mediator.

In the absence of an amicable settlement, the dispute shall be submitted to the courts of Lithuania.

The language of these Terms is English. These Terms and any contracts or disputes arising out of or in connection with these Terms are governed by Lithuanian law.

Article 24. Duration

These Terms apply for the entire period during which the Products offered for sale by the Seller are available online.

Article 25. Invalidity

If any provision of these Terms is held to be invalid in light of an applicable rule or a final court decision, it shall be deemed unwritten, but this shall not invalidate the Terms as a whole or affect the validity of the remaining provisions.