Terms & Conditions

1.     General provisions

    1.1.   These conditions and obligations of contract (hereinafter referred to as the Conditions) apply to the purchase and sale of items based on orders (hereinafter referred to as an/the Order) placed by a user (hereinafter referred to as the Buyer) via the online shop www.tommy-sons.com (hereinafter referred to as the e-Shop).

    1.2.   The e-Shop is owned by Total Customs, UAB, registration address: Akademijos g. 7, LT-08412 Vilnius, Lithuania, Company Reg. No. 304427892, VAT Reg. No. LT100010616910, (hereinafter referred to as the Seller). The Seller manages and uses the e-Shop for marketing and sales purposes.

    1.3.   Parties who wish to purchase items sold by the Seller may use the e-Shop and who in accordance with applicable legal acts may finalize civil contracts and assume civil rights and obligations and implement and fulfill these rights and obligations. If you are under 18 years of age or if your civil capability has been limited, please stop using the e-Shop immediately.

    1.4.   By placing an Order for or on behalf of a legal entity, the Buyer confirms that the Buyer has all the required rights to act for and on behalf of the legal entity. Should the contrary be established, the Buyer will assume personal responsibility for the proper implementation of the contract finalized based on the Order placed by the Buyer or for any negative consequences suffered by the Seller or by third parties as a result of recognition of the contract as null and void. Furthermore, should it be established that the information provided by the Buyer at the time of placing the Order is deceitful or inaccurate, the Seller reserves the right to forward information about the Buyer to law enforcement institutions.

    1.5.   These Conditions define the rights and obligations arising from an Order placed by the Buyer and from the contract finalized between the Seller and the Buyer as well as the procedure for implementing these rights and obligations and the liability for failure to fulfill or properly fulfill these rights and obligations.

    1.6.   The Seller reserves the right to amend, adjust or supplement these Conditions at any time with consideration to the requirements set in applicable legal acts. Contracts of purchase and sale will be subject to the Conditions valid at the time the Order is confirmed in the e-Shop. Please read these Conditions carefully before you confirm every individual Order.

    1.7.   Currently, items may be purchased in the e-Shop with delivery to countries listed here: link.

 

2.     Exchange of information

    2.1.   The Seller will send all notices, including notices connected with fulfillment of Orders, to the e-mail address specified by the Buyer at the time of placing the Order.

    2.2.   The Buyer may send notices and inquiries to the Seller using the contact information provided in the Contacts section.

 

3.     Orders

    3.1.   There are two ways of placing Orders in the e-Shop:

        3.1.1. Registering as a user of the e-Shop; or

        3.1.2. Placing an Order without registering as a user of the e-Shop.

    3.2.   After the Buyer selects the desired item(s), completes all the compulsory fields of the Order form, and presses the Confirm button to confirm the Order, the Buyer will be deemed to have finalized a contract with the Seller concerning purchase and sale of items listed in the Order; the contract finalized is subject to these Conditions.

    3.3.   After an Order has been confirmed, it may not be adjusted. Therefore, before confirming an Order, the Buyer should make sure that any information about the Buyer specified in the Order is comprehensive and accurate and that the items listed in the Order are the items the Buyer actually wishes to purchase. By confirming an Order, the Buyer at all time confirms that the information specified in the Order is comprehensive and accurate and that the Seller can use the contact information specified in the Order to contact the Buyer for the purposes of implementing the Order.

    3.4.   The Buyer will be informed by e-mail about every Order confirmed and every contract finalized.

    3.5.   All Orders placed by the Buyer will be stored in the Seller’s database for a period not shorter than the minimum time period set in applicable legislation.

 

4.     Prices

    4.1.   Prices of items in the e-Shop are specified in two different currencies (EUR, USD).

    4.2.   Prices in currencies other than the currency of Lithuania (EUR) directly depend on the official currency exchange rates announced by the Bank of Lithuania.

    4.3.   All prices specified in the e-Shop are indicated with value added tax (VAT) applicable in accordance with legal acts and exclusive of delivery costs.

    4.4.   Delivery costs are calculated and specified before an Order is confirmed and are included in the invoice issued to the Buyer.

   


5.     Delivery

    5.1.   Prices specified in the e-Shop do not include delivery costs.

    5.2.   Delivery costs depend on the nature, weight, size and place of destination of the item purchased. 

    5.3.   Final delivery costs are calculated at the time the Order is placed and before the Order is confirmed, and are included in the final invoice.

    5.4.   Further information about delivery conditions is provided in the delivery policy. 

 


6.     Personal data and privacy policy

    6.1.   In all cases, when confirming an Order, the Buyer agrees that the Buyer’s given name, surname, e-mail address, and telephone number specified in the Order will be used and handled by the Seller automatically for the following purposes: direct and indirect marketing of the Seller’s products, compilation of statistical data about purchases and use of the e-Shop, and other related purposes.

    6.2.   The Seller agrees not to disclose the Buyer’s personal data to any third parties, with the exclusion of parties acting on behalf of the Seller and partners providing delivery services and other services connected with implementation of the Order, as well as in cases when the Seller transfers its business connected with the management and use of the e-Shop or a part of the business to other parties. In all other cases, the Buyer’s personal data may only be disclosed to third parties in accordance with the procedure set in applicable legal acts.

    6.3.   Further information about personal data protection is provided in the privacy policy.

 


7.     Payment conditions and deadlines

    7.1.   The following payment methods are available for paying for items from a confirmed Order:

        7.1.1. Payment using credit or debit cards via online payment operator;

        7.1.2. Payment using PayPal payment operator;

        7.1.3. Pre-payment using the Buyer’s e-banking system. In this case, liability for data protection is assumed by the Buyer and by the relevant bank since all operations take place via the system of the bank;

        7.1.4. Payment in cash at the time of receipt of items at the Seller’s warehouse.

    7.2.   If the Buyer chooses a payment method specified in clause 7.1.1 or 7.1.2, the Buyer must make payment at the time the Buyer places the Order.

    7.3.   If the Buyer chooses the payment method specified in clause 7.1.3, the Buyer must pay and receive the item(s) within 3 business days after the date the Order is confirmed.

    7.4.   The Seller will only start implementing an Order after it receives payment for the Order.

    7.5.   The payment conditions specified in clause 7.1.4 are only applicable to Buyers in Lithuania.

 


8.     Return of items

    8.1.   Any defects of items sold will be eliminated and items will be replaced and/or returned in accordance with the Rules for Returning and Replacing Items approved by Order No. 217 “Regarding approval of the Rules for Returning and Replacing Items” of 29 June 2001 of the Minister of Economy of the Republic of Lithuania.

    8.2.   Further information about replacement and return of items purchased is provided in the items return and refund policy that can be consulted here: link

 


9.     Rights of the Buyer

    9.1.   The Buyer may purchase items in the e-Shop in accordance with the procedure set in these Conditions.

 


10.   Obligations of the Buyer

    10.1.  The Buyer must adhere to these Conditions.

    10.2.  The Buyer must use the e-Shop without violating any applicable legal acts and/or rights or lawful interests of any other parties and may not cause any harm to the e-Shop or to third parties.

    10.3.  The Buyer must pay for the items listed in the confirmed Order and accept the items in accordance with the procedure set in these Conditions.

    10.4.  The Buyer agrees not to provide the Buyer’s e-Shop login information to any third parties. If the Buyer loses their e-Shop login information, the Buyer should inform the Seller of this immediately.

    10.5.  Should the Buyer’s details (given name, surname, e-mail address, telephone number, address of residence, etc.) change after an Order has been confirmed and before the Order is implemented, the Buyer must inform the Seller of this immediately.

 


11.   Rights of the Seller

    11.1.  Should the Seller have any doubts, regardless of their substantiation, as to the good intentions of the Buyer when using the e-Shop, or should the Seller believe that the Buyer attempts to harm the operation or safety of the e-Shop or violate the Buyer’s obligations, the Seller may immediately and without giving notice restrict or suspend the Buyer’s access to the e-Shop or annul the Buyer’s registration with the e-Shop.

    11.2.  In case of important circumstances, the Seller may either temporarily or completely terminate the operation of the e-Shop without giving prior notice to the Buyer.

    11.3.  The Seller may, without giving prior notice to the Buyer, annul the Buyer’s Order, if the Buyer fails to pay for the items ordered by the deadline set in these Conditions.

    11.4.  The Seller may also, where it is impossible to implement a confirmed Order due to reasons not depending on the Seller, annul the confirmed Order and inform the Buyer of this immediately.

 


12.   Obligations of the Seller

    12.1.  The Seller agrees to, according to the provisions of these Conditions, provide the Buyer with an opportunity to use the e-Shop.

 


13.   Quality guarantee

    13.1.  The Seller will not provide any guarantee on quality items. Should the Buyer establish any defects to an item received or any damage caused to an item during delivery, the Buyer must inform the Seller of this within 24 hours from the moment of receipt of the item. Further information about replacement of items and refunds is provided in the items return and refund policy that can be consulted here: link

 


14.   Liability

    14.1.  The Buyer assumes full responsibility for the accuracy of information provided in confirmed Orders. Should the Buyer provide inaccurate information in an Order, the Seller will not be liable for any negative consequences resulting from this.

    14.2.  The Buyer uses the e-Shop at the Buyer’s own risk and responsibility.

    14.3.  The Buyer is liable for providing their e-Shop login information to third parties. If a third party uses the e-Shop using the Buyer’s e-Shop login information, it will be deemed that this party is the Buyer. The Seller will not assume any liability for internet security or for the security of the data the Buyer transfers to the Seller via the internet. The Seller will only be liable for the protection of the Buyer’s data provided by the Buyer to the Seller and used by the Seller. The Seller will not be liable for any negative consequences resulting from the loss of the Buyer’s e-Shop login information, unless it is possible to prove that the loss occurred at the fault of the Seller.

    14.4.  In case of any losses resulting from improper implementation of these Conditions, the defaulting party will only compensate for the direct losses incurred by the other party.

 


15.   Final provisions

    15.1.  These Conditions were prepared according to legal acts of the Republic of Lithuania. These Conditions and any issues not discussed in these Conditions and connected with purchase and sale via the e-Shop are subject to legal acts of the Republic of Lithuania.

    15.2.  All disagreements in connection with the validity and application of these Conditions and any other disputes arising in connection with purchase and sale via the e-Shop will be settled by negotiations. Should the parties fail to reach agreement, disputes will be settled in courts in Vilnius in accordance with the procedure set in legal acts of the Republic of Lithuania.