Terms of service

General provisions

These terms and conditions of sale together with the documents referred to herein are a legally binding document to the parties (the “Terms and Conditions”) and lay down the rights and obligations of the buyer (the “Buyer”) and the Seller (the “Seller”), terms and conditions of purchase and payment for the goods (the “Goods”), terms and conditions of delivery and returns, liability of the parties as well as other provisions relating to the sale and purchase of products from the online store at www.bestbabysnest.com (the “Online Store”).
The Seller, i.e., Prosapia UAB, is a duly registered entity operating in Lithuania, business registration number 302655406, having its registered office at Pauliaus Širvio Str. 16-33, Vilnius, Lithuania. Details about the Seller are collected and kept with the Register of Legal Entities managed by the state enterprise Centre of Registers.
These Terms and Conditions shall apply to any agreement between the Seller and the Buyer in relation to the purchase of Goods from the online store at www.bestbabysnest.com (the “Agreement”).
Before placing any order on the Online Store, the Buyer should read these Terms and Conditions carefully and make sure that they fully understand them. The Buyer is reminded that before completing their order, they must accept these Terms and Conditions and refusal to do so will render the placing and completion of the order impossible.
For the purposes of these Terms and Conditions, the Buyer shall mean a person making purchases on the Online Store. Purchases on the Online Store can be made by:
- An individual who has the legal capacity to act, i.e., a person who has reached the age of majority and whose legal capacity is not restricted in any way by a court of law
- A minor between the ages of 16 (sixteen) and 18 (eighteen) provided they have a consent from their parents or guardians
- A legal person
By registering or placing an order on the Online Store, the user unconditionally confirms that they have the right to make purchases from the Online Store.
The term ‘in writing’ shall include electronic communication as well.
The Seller reserves the right to change, modify or supplement these Terms and Conditions at any time. Changes to the Terms and Conditions will be published on the website of the Online Store. Changes shall apply from the day of publication thereof and to all transactions executed after the publication day.

Personal data protection

Personal data protection and other matters relating to the protection and processing of personal data of Buyers and visitors to www.bestbabysnest.com shall be governed by the privacy policy of the Online Store at www.bestbabysnest.com (the “Privacy Policy”).
Before placing an order on the Online Store, the Buyer shall be required to provide their personal information essential to complete the purchase.
By accepting these Terms and Conditions, the Buyer agrees to receive messages relating to order status, payment and delivery of the Goods at the e-mail address indicated by the Buyer.
The Buyer shall provide their personal information (name, surname, delivery address, telephone number, e-mail address) required for the purposes of purchasing, delivering and paying for the Goods.
By registering on the Online Store, the Buyer simultaneously consents to the collection, storage, structuring, use and processing by the Seller of all and any personal data the Buyer provides at the time of registration and browsing on the Online Store for the purposes laid down in these Terms and Conditions and the Privacy Policy.
Personal information provided by the Buyer shall be processed in compliance with the requirements of the Privacy Policy, Law of the Republic of Lithuania on the Legal Protection of Personal Data, General Data Protection Regulation as well as other European Union and Lithuanian laws and regulations governing the processing and protection of personal information. When processing and storing the Buyer’s personal information, the Seller shall implement organisational and technical measures designed to protect the personal information against accidental or unlawful destruction, alteration and disclosure as well as any other unlawful processing.
Any personal information provided by the Buyer shall be used by the Seller only and its partners with whom the Seller cooperates for the purposes of delivery of the Goods and/or other services related to the placement or execution of the Buyer’s order, also by other entities and in certain cases described in the Privacy Policy. The Seller shall not disclose the Buyer’s personal information to third parties except to the Seller’s partners mentioned earlier and when disclosure is mandated by Lithuanian law.
Personal information of the Buyer shall be used for the purposes of Buyer identification and verification whether the Buyer or the person accepting delivery of the Goods are the same person, execution of the sale and delivery of the Goods, preparation of accounting documents, refunds of surplus payments or for the Goods returned by the Buyer, debt management and performance of other obligations arising out of the Agreement with the Buyer.
Personal information of the Buyer shall be used for direct marketing purposes as laid down in the Privacy Policy on the basis of Buyer’s consent.
In cases described in the Privacy Policy when the Buyer does not give consent, the Seller shall not use the Buyer’s personal information for marketing purposes and shall not send promotional or informational messages to the Buyer except for those that are essential for completing the Buyer’s order.
Personal information of the Buyer shall be stored for no longer than needed for defined purposes of personal data processing. The specific time limits for the storage of personal data provided by the Buyer as well as personal data used for direct marketing purposes are stated in the Privacy Policy and are aligned with the requirements of applicable legislation. When the personal information is no longer needed for the processing purposes and/or retention period expires, the personal information shall be destroyed.
The Buyer has the right to access, at any time, their personal data processed by the Seller and get information about how that personal data are processed by providing a request to the Seller, request the rectification of incorrect, incomplete or inaccurate personal data, request the restriction of processing of their personal data except for storage when the personal data are processed in violation of laws, these Terms and Conditions and provisions of the Privacy Policy.

Goods

Details of every product sold on the Online Store shall be provided in the product description next to the product.
Images of the Goods provided on the Online Store are for information only. The Seller has put every effort to render the colours of the Goods as closely as possible, however, the Seller cannot guarantee that the screen of the Buyer’s device will reproduce these colours accurately. The Buyer therefore understands that the actual Goods might differ slightly from the images on the website.
Unless explicitly indicated otherwise, all the Goods available for purchase on the Online Store are in stock. In the event that a certain product ordered is out of stock, the Buyer shall be promptly notified of the fact by e-mail or other means of communication.

Agreement conclusion

An Agreement between the Buyer and the Seller is concluded when the Buyer puts together and places an order for the Goods on the Online Store.
Once the Agreement has been concluded, the assortment, quantity, price, delivery time and other provisions specified at the time of placing the order by the Buyer shall be binding to the Buyer and the Seller and may only be changed in accordance with the procedure of these Terms and Conditions.

Rights and obligations of the parties

Buyer’s rights and obligations

The Buyer may purchase Goods from the Online Store in accordance with the procedure laid down in these Terms and Conditions, Online Store Policy and Privacy Policy.
The Buyer may withdraw from the purchase agreement in accordance with the procedure set out in these Terms and Conditions.
The Buyer shall be required to provide accurate and complete information on the registration form. In the event of changes to the information in the registration form, the Buyer shall be required to update the form promptly.
The Buyer shall use the Online Store in good faith and correctly and refrain from any actions that could interfere with the operation or stable functioning of the store. Failing to comply with this obligation, the Seller may, without separate notice to the Buyer, restrict or suspend (terminate) Buyer’s access to the Online Store without liability vis-à-vis the Buyer for potential losses of the Buyer.
The Buyer shall pay for the Goods ordered and accept delivery of them subject to these Terms and Conditions. By ordering Goods from the Online Store, the Buyer accepts these Terms and Conditions, Privacy Policy and agrees to comply with them as well as any requirements laid down in Lithuanian legislation.

Seller’s rights and obligations

The Seller shall put every effort so that the Buyer has the possibility to use all of the services offered on the Online Store properly.
The Seller shall respect the privacy of the Buyer and shall process personal data of the Buyer in strict compliance with these Terms and Conditions, Privacy Policy and Lithuanian legislation.
The Seller reserves the right to change these Terms and Conditions, including, but not limited to the following: (i) changes to payment terms; (ii) changes to applicable legislation.
The Seller shall comply with all of the requirements set out in these Terms and Conditions.

Prices

The prices of Goods shall be as indicated on the Online Store.
The prices of Goods are subject to change; however, no price changes shall affect the agreements concluded prior to a price change.
The prices of Goods given on the store shall be final and include VAT at the rate applicable in Lithuania at the time of purchase. In the event that the VAT rate changes in the period between the order date and delivery date, the price of the product may change to reflect the change in the VAT rate, except in cases when the Buyer has already paid for the Goods in full before the change in the VAT rate. The Seller shall inform the Buyer of the price change in writing and provide the opportunity to the Buyer to purchase the Goods for the price adjusted to reflect the change in the VAT rate or to cancel the order. The order shall be suspended until the Buyer’s reply is received. In the event that it is impossible to contact the Buyer at the contact details provided, it shall be deemed that the order has been cancelled and the Buyer shall be informed of such cancellation in writing.
The price of Goods shall not include delivery costs.

Order placement and payment

While browsing the Online Store, the Buyer may select the Goods they like and such Goods will form the basis of their shopping cart. Once the shopping cart has been put together, the Buyer will be asked to provide the details required to deliver and purchase the Goods selected: their name, surname, delivery address, telephone number, and any additional information that might be important for the delivery of the Goods ordered.
The order shall be forwarded for further execution once the Buyer has paid by bank wire transfer. An Agreement shall be deemed concluded and enforceable from the moment the Buyer confirms their order.
The Buyer may pay for the Goods using any of the payment methods available on the Online Store.

Delivery

At the time of ordering the Goods, the Buyer shall be required to indicate an accurate delivery address.
The Buyer shall be present to personally collect the Goods. If the Buyer is unable to collect the Goods personally but the Goods have been delivered to the delivery address indicated, the Buyer shall have no right to make any claims that the Goods had been delivered to the wrong person.
The Seller shall deliver the Goods within the delivery terms specified in product descriptions. The term for delivery shall commence on receipt of payment for the Goods. The delivery terms are preliminary and shall not apply in cases when the Goods are out of stock, i.e., not available at the Seller’s warehouse. The Buyer shall be notified of the unavailability of the Goods accordingly. By accepting these Terms and Conditions, the Buyer agrees that in exceptional cases delivery may be delayed for reasons beyond the Seller’s control. Should this be the case, the Seller shall contact the Buyer promptly to negotiate the delivery and other terms in relation to the Goods.
The Goods shall be delivered to the Buyer using a courier service.
The Seller shall not be responsible for delayed deliveries if the Goods are not delivered to the Buyer or delivered late due to the third parties not connected with the Seller, or for reasons beyond the Seller’s control.
At the time of accepting the Goods, the Buyer shall inspect, together with the courier, the condition of the parcel (for damage to external packaging) and sign on a waybill or some other document to confirm the hand over and acceptance of the parcel.
If damage to the parcel’s packaging is detected, the Buyer’s representative may, depending on the situation, refuse to accept the parcel.
If the Buyer or the Buyer’s representative, as the case may be, accepts the parcel and signs off without any remarks, it shall be deemed that the parcel was delivered in undamaged packaging.
At the time of delivery, the Buyer shall in all cases inspect whether the parcel includes the Goods ordered, whether the quantity, range (assortment) are as ordered and in the event of any shortages shall make the appropriate remark on the parcel delivery document presented by the courier, or make a separate instrument listing the shortages. The Buyer shall do so in the presence of the courier. If the Buyer fails to inspect packaging, range (assortment), quantity of the Goods and fails to note down these shortages on the delivery document, it shall be deemed that the parcel was delivered properly and undamaged.
Once the Goods have been delivered and handed over at the address indicated by the Buyer, it shall be deemed that the Goods have been handed over to the Buyer irrespective of whether the Goods were accepted by the Buyer personally or some other person who had accepted the Goods at the address indicated.

Returns

The Goods purchased from the Online Store may be returned on the basis of the Rules for Product Returns and Exchange as approved by Order No. 217 of 29 June 2001 of the Minister of Economy of the Republic of Lithuania. According to these Rules, cosmetics, toiletries, baby clothes, mattresses, duvets, pillows, toys, games and female hygiene articles are items that cannot be returned unless they have defects (manufacturing defects).
Returns of improper quality Goods shall be accepted within 30 (thirty) days from the day of delivery of the Goods to the Buyer (or the date of pick up from the Seller’s office) provided the Buyer gives a written notice to the Seller of a return (sent by e-mail at info@bestbabysnest.com accompanied by the order number). Once the Seller has received the Buyer’s notice, the Seller shall promptly send out a confirmation of notice receipt.
If the Buyer returns the Goods for reason of defects in the Goods, the Seller shall exchange the poor quality Goods (with manufacturing defects) with proper quality Goods or refund the Buyer with the full price paid for the poor quality Goods plus delivery costs.
The Seller shall refund the money to the bank account indicated by the Buyer with any active bank.
The Seller may suspend the refund to the Buyer until the Goods are returned to the Seller and inspected by the Seller.
The Seller may refuse to refund the Buyer if the Goods had been damaged or it is ascertained that the Goods had been used.

Information exchange

The Seller shall communicate with the Buyer using the e-mail address provided on the registration form and the Buyer may contact the Seller using any of the communication channels available on the Online Store’s section ‘Contacts’.

Liability

The Buyer shall be responsible for their actions on the Online Store, including, but not limited to, the accuracy of information provided on the registration form. The Buyer shall be liable for the consequences resulting from the falseness or inaccuracy of information provided on the registration form.
By registering on the Online Store, the Buyer assumes the responsibility for the safekeeping and/or transfers of their login information to third parties. If third parties use the services of the Online Store using the Buyer’s login information, the Seller shall treat any such person as the Buyer and the Buyer shall be responsible for the actions of that third party performed on the Online Store.
To the extent permitted under applicable legislation, the Seller shall be indemnified against all losses resulting from the Buyer’s failure to familiarise themselves with these Terms and Conditions, Privacy Policy and other documents referred to in these Terms and Conditions in disregard of the Seller’s recommendations and Buyer’s own obligations even though the Buyer had been given the opportunity to do so.
The Buyer shall keep their login information securely and shall not disclose this information to third parties, ensure that this information is available to the Buyer only and is used by the Buyer only, and shall not transfer or otherwise make it possible for third parties to familiarise with or use the Buyer’s login information. In the event of any suspicion that the login information might have been disclosed to a third party, the Buyer shall promptly notify the Seller of the fact, also shall promptly notify the Seller of the breach or disclosure of the login information to the Online Store.
The Parties shall be liable for the breach of any Agreement using the Online Store in accordance with Lithuanian legislation.
Where the Seller’s Online Store includes links to websites of other companies, institutions or organisations, the Seller shall not be liable for the information provided therein or activities performed therein. The Seller is unable to supervise or control these websites and does not represent the said organisations or persons.

Marketing and information

The Seller may launch a variety of promotional offers on the Online Store at its discretion.
The Seller may unilaterally and without a separate notice change the terms and conditions of promotions and cancel promotions. Changes to the terms and conditions of a promotion or cancelation thereof shall apply prospectively, i.e., from the moment the changes are made.
The Seller shall send any and all notices using the communication methods provided on the registration form.
The Buyer shall send any and all notices and requests at the Seller’s e-mail address provided on the Online Store’s section ‘Contacts’.
The Seller shall not be responsible for failure to deliver information messages or confirmations due to disruptions in the networks of Internet service or e-mail service providers.

Final provisions

All Agreements between the Seller and the Buyer shall be governed by these Terms and Conditions, Privacy Policy, including all of the documents explicitly referred to therein. Any deviations from these Terms and Conditions shall be binding only if made as a separate written document.
The Seller may assign its rights and obligations under the Agreement to any third party or third parties and such assignment shall have no impact on the rights of the Buyer and obligations of the Seller under these Terms and Conditions. In the event of such assignment, the Seller shall notify the Buyer of the fact by publishing the relevant information on the Online Store.
The Buyer may not assign any of their rights and obligations or part thereof arising out of these Terms and Conditions to any third party or third parties without written consent from the Seller.
If a provision of these Terms and Conditions is declared to be unlawful, invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect. A provision of these Terms and Conditions declared unlawful, invalid or unenforceable only partially or to some extent shall remain valid to the extent not declared unlawful, invalid or unenforceable.
This Agreement and the relationship between the Parties hereunder shall be governed by and interpreted in accordance with Lithuanian laws.
A dispute, controversy or claim arising out of or in connection with this Agreement or breach, termination or validity thereof shall be finally settled in accordance with Lithuanian laws.