TERMS AND CONDITIONS OF SALE

Last updated: 13 July 2026

1. General provisions

1.1. These terms and conditions of sale (hereinafter — the Terms) set out the conditions for using the website www.emberlyjewelry.com and for ordering, paying for, receiving, returning and exchanging goods, as well as other aspects of the sale relationship.

1.2. The online store www.emberlyjewelry.com is operated by:

Seller: Kacper Form of business: individual activity under certificate Individual activity certificate no.: 1434941 Trading name: EMBERLY Telephone: +370 670 28198 Email: info@emberly.lt

Throughout these Terms this person is referred to as the Seller.

1.3. Buyer — a natural or legal person purchasing goods in the online store.

1.4. Consumer — a natural person who purchases goods for purposes unrelated to their business, trade, craft or profession.

1.5. Provisions of these Terms intended for consumers do not apply to legal persons or to natural persons purchasing goods for the purposes of their commercial or professional activity, unless applicable law provides otherwise.

1.6. Before placing an order, the Buyer must review these Terms, the Privacy Policy and other information provided on the Website.

1.7. By placing an order and confirming that they have read the Terms, the Buyer confirms that they have read and understood them and agree to comply with them.

1.8. Purchases on the Website may be made by adult natural persons with legal capacity, by minors with the consent of a parent or guardian, and by legal persons acting through duly authorised representatives.

2. Goods and their characteristics

2.1. The main characteristics of the goods — materials, dimensions, colours, contents, care recommendations and other relevant information — are provided in each product description.

2.2. Before placing an order, the Buyer must review the product description and select the appropriate size, model, colour, contents and other available parameters.

2.3. Product photographs on the Website are illustrative. Depending on the display settings of the Buyer's device, the colours of the goods may differ slightly from those seen on screen.

2.4. The shade, texture and other natural properties of natural materials, stones or hand-made elements may vary slightly. Where such variation is inherent to the material or method of manufacture, it is not in itself considered a defect.

2.5. The Seller makes reasonable efforts to keep the information on the Website accurate and up to date. If a material technical or informational error is identified, the Seller will inform the Buyer and offer to amend or cancel the order.

3. Prices

3.1. Prices are displayed in the currency assigned to the Buyer's region. The currency in which the payment will be charged is shown before the order is confirmed.

3.2. The final order total, including the selected delivery charge and any other applicable charges, is shown to the Buyer before the order is confirmed.

3.3. The Seller may change prices, but such changes do not apply to orders already confirmed.

3.4. Promotions, discounts and special offers are valid for the period stated on the Website or until the relevant stock is exhausted.

4. Placing an order and conclusion of the contract

4.1. To place an order, the Buyer selects the goods and their parameters, the delivery and payment method, and provides the data required to fulfil the order.

4.2. The Buyer is responsible for the accuracy and completeness of the data provided. If delivery or contact details change, the Buyer must inform the Seller without delay.

4.3. An order is deemed placed once the Buyer has completed all order steps and pressed the order confirmation button.

4.4. The contract of sale is deemed concluded once the Seller sends an order confirmation to the email address provided by the Buyer.

4.5. The order confirmation, these Terms and the information published on the Website at the time the order was placed together constitute the contract between the Buyer and the Seller.

4.6. If the ordered goods are unavailable, can no longer be obtained from the supplier, or the order cannot be fulfilled for other objective reasons, the Seller will inform the Buyer and offer to:

a) select alternative goods; b) agree to a different delivery date; or c) cancel the order and receive a refund of the amount paid.

5. Payment

5.1. Goods may be paid for using the payment methods shown on the Website during checkout.

5.2. The Buyer must pay the full amount stated during checkout, unless the Website clearly states different payment arrangements.

5.3. Payments may be administered by payment service providers selected by the Seller. Only the data necessary to complete the payment is passed to those providers.

5.4. The Seller may begin fulfilling the order only after receiving payment confirmation, unless another payment method offered on the Website has been selected.

5.5. The purchase document is provided to the Buyer electronically or together with the order.

6. Delivery area

6.1. Goods are delivered throughout the European Union.

6.2. Delivery to countries outside the European Union may be arranged individually with the Seller.

6.3. For delivery outside the European Union, the Buyer should contact the Seller at info@emberly.lt. The delivery price, timescale and other conditions are agreed separately in such cases.

7. Delivery methods and cost

7.1. The available delivery methods and their prices are shown during checkout, before the Buyer confirms the order.

7.2. Delivery within the European Union is free on orders over €50, unless clearly stated otherwise on the Website for a specific order.

7.3. The cost of courier and other delivery methods depends on the method selected and is shown before the order is confirmed.

7.4. The Seller may work with international logistics partners.

7.5. The Seller may select a specific logistics partner taking into account the delivery method chosen by the Buyer, the size of the shipment, the delivery location and other objective criteria.

8. Delivery times

8.1. Orders placed and paid for on business days before 13:00 are usually dispatched by the Seller the same business day.

8.2. Orders placed after 13:00, at weekends or on public holidays are usually dispatched on the next business day.

8.3. Delivery of in-stock items usually takes 3 to 6 business days from dispatch.

8.4. Where an item is not in the Seller's warehouse and is ordered from a supplier, or is made to order, delivery may take 6 to 15 business days. The Buyer is informed of the expected delivery time in the product description, in the order confirmation or by separate notice.

8.5. The stated dispatch and delivery times are indicative, except where the Seller and the Buyer have expressly agreed a specific binding deadline.

8.6. Delivery may be delayed due to the workload of logistics partners, seasonal demand, adverse weather, holiday periods, supplier actions or other circumstances reasonably beyond the Seller's control.

8.7. On becoming aware of a significant delay, the Seller will inform the Buyer by email or telephone and provide an updated expected delivery date.

8.8. If the Seller fails to deliver by the agreed date, the Buyer has the right to set an additional reasonable delivery period. If the Seller fails to deliver within that additional period, the Consumer may terminate the contract, except in the cases provided by law where no additional period is required.

9. Delivery and acceptance of the shipment

9.1. The Buyer must provide an accurate delivery address, select an appropriate pick-up point where applicable, and provide a correct telephone number and email address.

9.2. The Seller is not liable for delayed or failed delivery caused by incorrect or incomplete data provided by the Buyer.

9.3. Once the order has been dispatched, the Buyer may be provided with a tracking number or a link to the logistics partner's tracking system.

9.4. The risk of accidental damage to or loss of the goods passes to the Consumer when the Consumer, or a third party indicated by the Consumer other than the carrier, takes physical possession of the goods.

9.5. On receiving the shipment, the Buyer should check the condition of the packaging, the quantity and contents of the goods and any visible damage.

9.6. If a shipment arrives visibly damaged, the Buyer is advised to:

a) record the damage together with the courier; b) photograph the packaging and the goods; c) note the damage on the delivery documents, where such documents are used; or d) refuse to accept a shipment that is clearly severely damaged.

9.7. Damage noticed during transport should be reported to the Seller within 2 business days by email to info@emberly.lt, attaching photographs documenting the damage.

9.8. The period referred to in clause 9.7 is a recommendation and does not limit the Consumer's right to raise claims regarding goods of unsatisfactory quality or goods not conforming to the contract of sale.

10. Uncollected shipments

10.1. The Buyer must collect the shipment within the storage period set by the logistics partner.

10.2. If the Buyer does not collect the shipment and it is returned to the Seller, the Seller will contact the Buyer regarding re-delivery or another way of fulfilling the order.

10.3. The Buyer may be required to cover the cost of re-delivery and of returning the shipment to the Seller, where the shipment was not collected for reasons attributable to the Buyer and to the extent permitted by applicable law.

10.4. Failure to collect a shipment is not in itself treated as an explicit statement by the Consumer withdrawing from a distance contract.

10.5. To withdraw from the contract, the Consumer must clearly inform the Seller of that decision in accordance with Section 11 of these Terms.

11. Right to withdraw from a distance contract

11.1. The Consumer has the right to withdraw from a distance contract of sale within 14 calendar days without giving a reason, except for the exclusions set out in these Terms and in applicable law.

11.2. The fourteen-day period is calculated:

a) from the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, receives the goods; b) where several goods ordered under one contract are delivered separately — from the day on which the last item is received; c) where goods are delivered in several parts — from the day on which the last part is received.

11.3. To withdraw from the contract, the Consumer must send the Seller a clear statement to info@emberly.lt before the end of the 14-day period.

11.4. The statement should preferably include:

a) the Consumer's first name and surname; b) the order number; c) the item being returned; d) the date the item was received; e) contact details.

11.5. The Consumer is not required to give a reason for withdrawing from the contract.

11.6. The Consumer may use the model withdrawal form provided at the end of these Terms, but is not obliged to do so.

11.7. Having given notice of withdrawal, the Consumer must send or hand over the goods to the Seller no later than 14 calendar days thereafter.

11.8. Before sending the goods, the Consumer should agree a suitable return method by email; however, such coordination may not unreasonably restrict the statutory right of withdrawal.

12. Condition of returned goods of satisfactory quality

12.1. The Consumer has the right to inspect and test the goods to the extent reasonably possible in a physical shop, in order to establish their nature, characteristics and functioning.

12.2. The Consumer is liable only for any diminished value of the goods resulting from handling that was not necessary to establish their nature, characteristics and functioning.

12.3. Returned goods should be:

a) securely packaged; b) undamaged; c) free from signs of use, wear or other unnecessary testing; d) accompanied by their labels, certificates, instructions, accessories and other components.

12.4. Consumers are advised to keep the original packaging. The absence of original packaging does not in itself cancel the right of withdrawal, but the Consumer is liable for any diminished value resulting from inadequate packaging or unnecessary use.

12.5. Proof of purchase may be provided by the order number, an invoice, a bank statement or another reasonable document confirming the purchase.

13. Return costs and refunds

13.1. When withdrawing from a contract for goods of satisfactory quality, the Consumer bears the direct cost of returning the goods to the Seller, unless the Seller expressly agrees to cover it.

13.2. The Consumer bears responsibility for goods of satisfactory quality sent to the Seller until they are handed over to the Seller. It is recommended to choose a delivery method with tracking and to keep the dispatch document.

13.3. On receiving the Consumer's statement of withdrawal, the Seller will refund the amount paid for the goods no later than 14 calendar days thereafter.

13.4. The Seller may withhold the refund until the goods have been returned or until the Consumer supplies evidence of having sent them back, whichever occurs earlier.

13.5. Where the whole order is withdrawn from, the refund covers:

a) the amount paid for the goods; b) the cost of the cheapest standard delivery method offered by the Seller at the time of the order.

13.6. If the Consumer chose a delivery method more expensive than the cheapest standard delivery offered by the Seller, the additional difference is not refunded.

13.7. If the cheapest standard delivery was free at the time of the order, any amount paid for an additional paid delivery method may not be refunded.

13.8. Where only part of an order is withdrawn from, delivery costs are refunded only in those cases and to the extent that would apply if the items not returned had been ordered separately.

13.9. Refunds are made using the same payment method as the original payment, unless the Consumer expressly agrees to a different refund method.

14. Goods to which the right of withdrawal does not apply

14.1. The right to withdraw from a distance contract within 14 days does not apply to goods made to the Consumer's individual specifications, which are not pre-made and are produced according to the Consumer's personal choice or instruction, nor to goods that are clearly personalised.

14.2. Such goods may include, for example:

a) jewellery made to an individual design; b) engraved items; c) items bearing an individual inscription, symbol, initials or date; d) items made to non-standard dimensions agreed specifically with the Consumer; e) items made to an individually agreed combination of materials, metals, stones or other elements differing from the standard range.

14.3. Before an individual order is placed, the Consumer is informed that the 14-day right of withdrawal will not apply to such goods.

14.4. The mere fact that a standard item is ordered from a supplier for a particular Buyer, or that it is not in the Seller's warehouse at the time of ordering, does not in itself mean that the item is made to the Consumer's individual specifications or clearly personalised.

14.5. The 14-day right of withdrawal applies to standard, non-personalised items ordered from a supplier, unless another statutory exclusion applies.

14.6. The exclusions from the right of withdrawal do not affect the Consumer's rights where an individually made or personalised item is of unsatisfactory quality, damaged in transit or does not conform to the terms of the order.

15. Quality of goods and statutory guarantee

15.1. The Seller undertakes to deliver goods that conform to the order, to the product description and to applicable quality and safety requirements.

15.2. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery and becoming apparent within two years of the date of delivery.

15.3. Where a commercial guarantee from the manufacturer, supplier or Seller is stated in the product description, it is additional and does not limit the Consumer's statutory rights.

15.4. A shorter commercial guarantee from a supplier or manufacturer neither cancels nor shortens the Seller's two-year statutory liability.

15.5. The guarantee does not cover defects arising from:

a) normal wear and tear; b) improper use or care; c) mechanical damage occurring after the goods were handed over to the Buyer; d) contact with chemicals, cosmetics, moisture or other influences contrary to the product care recommendations; e) unauthorised repair, alteration or other interference; f) other acts or circumstances beyond the Seller's control.

15.6. This Section does not limit the Buyer's rights where it transpires that the information on use or care of the goods was insufficient, inaccurate or misleading.

16. Goods of unsatisfactory quality

16.1. On noticing a defect, the Buyer should contact the Seller at info@emberly.lt.

16.2. The enquiry should preferably include:

a) first name and surname; b) the order number or other proof of purchase; c) a detailed description of the defect observed; d) photographs or video showing the defect, where possible; e) the preferred remedy.

16.3. When returning goods of unsatisfactory quality, requirements as to original packaging, labels or impeccable presentation do not apply to the extent that their absence relates to normal use of the goods or to the identified defect.

16.4. Where goods do not conform to the contract of sale, the Consumer first has the right to choose to require that the goods be:

a) repaired free of charge; or b) replaced free of charge.

16.5. The Seller may refuse the remedy chosen by the Consumer where it is impossible to provide or would impose disproportionate costs on the Seller, taking into account the value of the goods, the significance of the defect and whether another remedy could be provided without significant inconvenience to the Consumer.

16.6. The Consumer has the right to require a proportionate price reduction or to terminate the contract where:

a) the Seller has not repaired or replaced the goods, or has refused to do so; b) the defect has recurred despite the Seller's attempt to repair the goods; c) the defect is material; d) it is clear from the circumstances that the Seller will not repair or replace the goods within a reasonable time, or that doing so would cause significant inconvenience to the Consumer; e) another statutory condition applies.

16.7. The Consumer may not terminate the contract where the defect is minor. The burden of proving that the defect is minor lies with the Seller.

16.8. The Seller bears the costs of returning, replacing or necessary shipping of goods that are of unsatisfactory quality, incorrect, or damaged in transit.

16.9. Repair or replacement is carried out free of charge, within a reasonable time and without significant inconvenience to the Consumer.

17. Liability

17.1. The Seller is liable for failure to perform or improper performance of its obligations in accordance with applicable law.

17.2. The Seller is not liable for failure to perform its obligations where performance is prevented by force majeure or other circumstances reasonably beyond the Seller's control.

17.3. The Buyer is responsible for the accuracy of the information provided when ordering, for the security of their login credentials and for actions taken using their account, except where such actions occurred through no fault of the Buyer.

17.4. Nothing in these Terms may be interpreted as excluding or limiting the rights granted to the Consumer by mandatory provisions of law.

18. Processing of personal data

18.1. The Buyer's personal data is processed for the purposes of accepting orders, administering payments, delivering goods, accounting, warranty service, customer service and other lawful purposes.

18.2. Detailed information on the processing of personal data, retention periods, recipients and the Buyer's rights is provided in the Website's Privacy Policy.

18.3. By placing an order, the Buyer confirms that they have reviewed the Privacy Policy.

19. Intellectual property

19.1. The texts, design, logos, product photographs, graphic elements and other content on the Website belong to the Seller or are used on a lawful basis.

19.2. Copying, distributing, modifying or using the Website's content for commercial purposes without the prior written consent of the rights holder is prohibited, except in the cases permitted by law.

20. Requests, complaints and dispute resolution

20.1. The Buyer may submit questions, requests and complaints by email to: info@emberly.lt

20.2. The enquiry should state the Buyer's first name and surname, contact details, order number, the circumstances of the problem and the specific remedy sought.

20.3. The Seller examines the Consumer's enquiry free of charge and provides a detailed, reasoned written reply no later than 14 calendar days from receipt.

20.4. If the Seller does not satisfy the Consumer's claim, satisfies it only in part, or fails to reply within 14 calendar days, the Consumer may refer the matter to the competent consumer protection authority or to an out-of-court alternative dispute resolution body. Consumers resident in another EU Member State may also seek assistance from the European Consumer Centre in their country of residence.

20.5. Referring a matter to a body handling consumer disputes out of court does not deprive the Consumer of the right to bring proceedings before a court.

21. Amendments to the Terms

21.1. The Seller has the right to amend and supplement these Terms in the light of changes in legislation, business needs or changes to the services provided on the Website.

21.2. Amended Terms take effect from the day they are published on the Website and apply to orders placed after publication.

21.3. Orders are governed by the version of the Terms in force at the time the order was placed, except where the law provides otherwise or where the parties expressly agree on conditions more favourable to the Buyer.

22. Final provisions

22.1. These Terms and the contracts concluded under them are governed by the law of the Republic of Lithuania, being the country in which the Seller is established.

22.2. The choice of applicable law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country in which the Consumer has their habitual residence, where such provisions must be applied.

22.3. All disagreements shall first be resolved through negotiation.

22.4. If no agreement is reached, the dispute shall be resolved in accordance with the applicable law.

22.5. If any provision of these Terms is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.