Thank you for using Newcrush.
We provide our services through the website to persons who are at least 14 years old.
When we say “You”, “Your”, “Customer”, “User”, “Visitor”, we are talking about a registered user of our website or a visitor of our website that is not necessarily registered.
Personal data. Means any information relating to an identified or identifiable natural person (data subject); person whose identity can be directly or indirectly identified using identifier such as name, personal identification number, location data and Internet identifier or by one or more physical, physiological, genetic, mental, economic, cultural or social identity.
Customer. Means any person who order, purchases or uses our services.
Depersonalized Data. Information that no longer related to a person, since all items that identify a person have been removed from the personal data set.
Services. Any products and / or services offered by us, both electronically and non-electronic.
Data subject. Means the person from whom newcrush.com receives and manages personal data.
Provision of Data. Disclosure of Personal Data by transfer of otherwise making it available (except for publication in the mass media).
Data processing. Any operation or sequence of transactions performed by automated or non-automated means with personal data or personal data sets, such as collection, recording, sorting, systematizing, storing, adapting or modifying, extracting, accessing, using, disclosing, forwarding, distributing or otherwise by making them available for use, as well as collating or interconnecting with other data, limiting, deleting or destroying.
Automatic data processing. Data processing operation performed wholly or partly by automatic means.
Special categories of personal data. Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data, health data or data relating to the sexual life and sexual orientation of a person that can be identified the identity of a person.
Consent. Voluntary declaration by the data subject’s will to process his or her personal data for his or her purpose. Consent to handle special categories of personal data must be expressed in a clear, written, equivalent or other form, without doubt demonstrating the will of the data subject.
Direct marketing. An activity designed to offer individuals the goods or services by mail, phone or other direct means and / or to seek their opinion on the goods or services offered.
Data processor. Legal or person who, alone or jointly with others, determines the purpose and means of the processing of personal data. If the purposes of the processing are established by law or regulation, the controller and / or the procedure for its appointment may be established by those laws or regulations.
Data controller. UAB „Bioklinika“ (BIOFIRST Clinic), Studentų g. 37, Kaunas, LT-51364, Company code: 302434849.
Third party. A legal or person, except the data subject, the controller, the processor and the persons directly authorized by the controller or the processor to process the data.
2. Terms and changes
3. Questions and other interests
UAB Bioklinika Company code: 302434849 Registration address: Studentų g. 37, Kaunas LT-51364 Email: [email protected] Phone: +370 (37) 75 08 66
4. What data do we collect?
• Information you provide voluntarily. When you sign up for our website directly of through third-party (ex. Facebook, Google, etc.), send us an email, contact us through third-party applications, consult in writing, orally or by any other means whit our employees regarding the products and / or services, you subscribe to the newsletter service, use the commentary feature on the website, contact us in any other way and voluntarily provide us with information about yourself. This may include your name, surname, alias, physical address, email address, phone number, bank transfer information. Also details such as gender, age, position, place of residence, purchase history and other demographic information.
• Information we receive when you use our services. When placing an order on a website, you provide your name, telephone number, registration address and delivery address, bank transfer information, details such as gender, and other demographic information. Also, by registering on our websitem you provide email, name and surname.
5. Where do we use your data?
• To execute a sales contract with you. After placing an order or using the services provided.
• Communicate with you about your account, order and provide customer service.
• Protect the rights and privacy of you and ours and third parties.
• In order to claim, execute or defend legal requirements. The court, bailiffs or other authorities to whom we are obliged to transmit the data in accordance with the law of the Republic of Lithuania.
• Provide you with automated, specialized offers based on your interests, reviewed products and browsing history.
• For direct marketing purposes. If you voluntarily submit your email by subscribing to a newsletter, we will include you in our database and send you special offers, promotions, news and other information we think will be useful to you. We will do this several times per month. Also, if we have your email in our database, if you are registered user or you have entered when making order, we will send you one-time reminder if you leave your basket non-purchased. With cookies, we can also collect information to provide specific browser advertising content.
6. How long do we store your data?
We process Personal Data collected for direct marketing purposes for 2 (two) years, unless the longer retention of available data is mandatory under the legislation in force in the Republic of Lithuania. When Personal Data is no longer required for the purposes of its processing, it is destroyed, except for these that are to be transferred to the archives in the cases provided by law.
7. Your rights
• To know what data collected about you. Upon request of the person to provide what data we have collected about it within 30 calendar days from the date of the request. Every person has the right to know what information we have accumulated, request it to be corrected or deleted. If, upon request, we have any suspicious regarding the identity of the applicant or the age of the applicant, we have the right to request the applicant’s identity document or a copy thereof.
• Refuse to use your information for direct marketing purposes. We do not oblige our customers to receive newsletters or any other promotional information that is sent.
• Be forgotten. Unless otherwise provided in the Regulation or in the legislation of the Republic of Lithuania, we will delete, at your legal request, any accumulated data about you from our servers and information system within 4 calendar days, unless it would be impossible or would require disproportionate efforts of the Data Controllers. Data may not be deleted when their storage is required by European Union or Lithaunian legislation.
8. Public information and Thid Party websites / gadgets
• Social networking platforms and related gadgets. Our website has integrated features for third party services (Facebook, Instagram, Google, etc.), so if you use a Facebook or other third party login, they can collect information about you, save a cookie in your web browser to make their services work properly. Also, we operate across a variety of social networks, so when communicating with us or sending information via any platform, you are at your won risk without any expectation of privacy. We cannot control the actions or other platform actions of other users on there platforms. With third party platforms, you are guided by the privacy policies of those companies.
9. Give aways, games and surveys
10. Content of email
Email is sent between certain servers when it travels over the internet to the recipient. Along the way, server administrators can see and read your email. Emails is not a confidential communication channel, so we recommend not sending confidential information.
11. Disclosure of data
12. Security of your personal data
Your personal data will be processed in accordance with the requirements of the Regulation, the Law on Legal Protection of Personal Data of the Republic of Lithuania and other legal acts. When managing your personal data, we implement organizational and technical measures that ensure the protection of personal data against accidental or unlawful destruction, alteration, disclosure and any other unlawful processing. We keep your personal information for archiving purposes for a maximum of 10 years until we have legal obligations, settle disputes and fulfill obligations. Also, to prevent abuse and other illegal activities.
You are responsible for the confidentiality of your password and user data, as well as for any actions (data transfer, order placed and etc.) that are made on our website via your login. You cannot disclose your password to third parties. If our website services are used by third party who has accessed the website using your login data, we consider that you have logged in. If you lose your login information, you must immediately inform us by email, phone or any other contact form. You are responsible for the accuracy and completeness of the data provided to us. If the data you provide change, you must immediately inform us by changing the relevant data in the registration form or, if the data are not in the registration form, informing us by email. In no case will we be liable for any damage caused to you by the fact that you have provided inaccurate or incomplete personal data or you have not informed us of such changes.
Rules and abuse
“Seller/we/our/us/newcrush” means Bioklinika Ltd, Studentų 37, 51364 Kaunas, 302434849, VAT LT100006439017 and the company's website www.newcrush.com.
“Customer” means the person or company to whom this document is addressed.
“International Customer” shall mean, “Customer” from outside Lithuania.
“Website” shall mean, www.newcrush.com or any other subdomains of www.newcrush.com which may be accessible unless expressly excluded by their own terms and conditions.
“Online Store” shall mean the method by which the Customer browses and purchases the products from newcrush website.
“Order” shall mean the submission of an order for products on the “Online Store” by the “Customer”
15. Basic rules
To use the services provided by newcrush.com, you must:
• Be at least fourteen (14) years old,
• Fill in the registration form, create an account using third party services or use the “guest” feature,
We do not allow accounts with the primary purpose of promoting and harming others, promoting discrimination, hate or distributing offensive content, so we reserve the right to suspend your membership on our website, remove your account or otherwise prohibit access to our website.
The prices of the goods will be as quoted on the Online Store from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause for what happens in this event.
Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed.
All prices are quoted in EU EURO and include VAT (where applicable) at the applicable current rate chargeable in Lithuania for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
The Online Store contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Online Store may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order.
We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this at the check-out stage, or shortly after placing your order.
Payments may be made by one of the following payment methods (except International Customers see clause 16) unless otherwise specified: Major credit cards as listed: Visa, MasterCard, Maestro, and Visa Electron
The date you make payment shall be applied on checkout so payment is received by us in EU EURO.
We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
18. Discount codes
Any discount or other promotional codes issued by newcrush from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/products.
Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.
Promotional codes also can‘t be used with gift cards. More than one promotional code can't be used at the same time and promo codes are single use only - unless stated.
19. Passing of Property
Newcrush shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by newcrush.
All Orders are subject to acceptance and availability. Upon placing an Order with newcrush, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by newcrush.Order acceptance and the creation of the contract between newcrush and the Customer will start at the time the products ordered by the Customer are despatched from newcrush’s warehouse to be delivered to the address supplied by the Customer.
Newcrush will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Newcrush cannot be held liable for any loss suffered by newcrush if a third party procures unauthorised access to any data you provide when accessing or ordering from the Online Store.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Products purchased from newcrush are not for re-sale or distribution. Newcrush can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.
Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 2 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order. If there are delays in the delivery caused by the supplier, the carrier or any other third party then newcrush will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay.
If there is a substantial delay you may end the contract us and will be entitled to receive a refund for any products you have paid for but not received.
We deliver to the countries listed on the Online Store, subject to our absolute discretion, (“International Delivery Destinations”). However there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Online Store carefully before ordering goods.
If you order goods from the Online Store for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
If newcrush deliver your products late then you may treat the order as at an end in any of the following circumstances: if newcrush have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told newcrush before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if newcrush don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery. Where products have been delivered, you must return these to newcrush at the address above and we will refund the costs of such return.
All Orders will be delivered using the service as detailed at the time of ordering. Further details regarding delivery methods and services can be found at www.newcrush.com/delivery. Newcrush has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.
23. Passing of Risk
Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Newcrush accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, newcrush bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by phone, email or otherwise in writing. You will then be required to return the goods together with their original packaging to the newcrush trading address, also see clauses 9 and 10, below.
8.3 Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return.
24. Title and Defects
The Products shall be owned by you once we have received payment in full for the Products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back (please see clause 10 below).
25. Returns Procedure
If the goods are to be rejected, the Customer shall comply with the return procedure as defined in this clause 10. Newcrush will not accept any returned goods should the return not follow the aforementioned return procedure.
The Customer must follow the returns policy set out on the reverse of their invoice or as detailed on www.newcrush.com/deliveryandreturns. This requires emailing newcrush ([email protected]) to notify their intention to return any goods, completing the form available at the Online Store or completing the attached Cancellation Form.
In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund within 30 days of the date of delivery of the products. The Customer must notify newcrush within 30 days of delivery and return the product to newcrush before the refund can be issued. We will examine the returned product and will notify you of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
In cases where rejection of products is due to a defect or misdescription, in addition to the right at clause
In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to newcrush. Goods must be returned to newcrush before the partial refund can be issued.
In cases where you wish to cancel due to something we have done or are going to do, you should notify us in accordance with our returns procedure and we will refund you in full for any products not provided (including delivery costs). This includes the following:
- Newcrush have told you about an upcoming change to the product or these terms which you don’t agree to;
- Newcrush have told you about an error in the price or description or the product and you don’t want to proceed;
- Delivery of the products has been substantially delayed by an event outside of our control; and
- The Customer has a legal right to end the order because of something Newcrush have done.
Where the Customer wishes to return a Product it must either return them in person, post them back to Newcrush or (only if they are not suitable for posting) allow us to collect them from you.
Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure.
Within 14 days after receipt of the goods, the Customer must contact newcrush in writing via the contact details above and, following which, they must be returned to us within 14 days of you telling us you want to change your mind. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to newcrush. Newcrush will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products.
27. Our Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Rights Act 2015.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
The Customer shall respect all licence agreements delivered by the copyright owners. Newcrush cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
All trademarks shown on www.newcrush.com belong to their registered owners and must not be copied without prior permission.
You must not use any part of the materials on the Online Store for commercial purposes without obtaining a licence to do so from us or our licensors.
Whenever you submit a review or make use of another feature that allows you to upload material to the Online Store, or to make contact with other users of the Online Store, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.
Any material you upload to the Online Store will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Online Store constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Online Store.
We have the right to remove any material or posting you make on the Online Store if, in our opinion, such material does not comply with the content standards set out above.
30. International Customers
Customers from outside Lithuania can only pay by International credit card and must pay in EU Euro unless otherwise specified, although the Online Store may show the value of the Product in your local currency, the exchange rate at the date of purchase shall apply such that payment is received by newcrush in EU Euro. All other terms and conditions apply.
31. Gift Cards
Purchasing Gift Cards All Gift Card values can only be purchased and redeemed in EU Euros. Your Gift Card will be sent instantly following our receipt of payment to the email address specified when ordering and will be available for redemption within 48 hours. Gift Cards cannot be purchased using another Gift Card, a discount voucher or other such promotional codes.
Gift Card Redemption Gift Cards must be assigned to a newcrush account before they may be redeemed. To check the balance of your Card(s), login into your account at www.newcrush.com/account/giftcards. Gift Cards can only be assigned to one newcrush account. Once registered, the card cannot be registered by another user. We cannot unregister a card from an account. Gift Cards can be redeemed only at www.newcrush.com and not on any third party’s website.
Payment with your Gift Card Gift Cards may be used in conjunction with other payment types. If your order value is greater than your Gift Card balance, you can use an alternative payment method to cover the difference. Gift Cards may be used across multiple purchases. You do not need to redeem the full balance in a single transaction.
Refunds, Returns & Expiry Gift Cards cannot be refunded or returned except in accordance to your legal rights. Where Gift Cards have been redeemed for the purchase of items that are subsequently returned, the refund will be applied to the Gift Card balance. Where Gift Cards have been used as part payment for items that are later returned then the balance will first be applied to the Gift Card to restore the balance to the pre-purchase amount, and then to the additional payment method. Gift Cards are valid for 12 months from date of issue. When a balance is redeemed, we will extend the expiry date by 12 months from the last usage. There are no refunds on unused balances. Any unused balance will remain on the Card until redeemed or the Card expires (12 months from last usage). Unused balance cannot be converted into cash or refunded.
Stolen Cards Newcrush are unable to replace any lost or stolen Cards. We recommend that they are treated as cash and assigned to the recipient’s newcrush online account as soon as possible. We reserve the right to refuse any Gift Card that is suspected to be tampered with or deemed fraudulent. Gift Cards that have the original payment reclaimed or refused will be cancelled.
Re-sale of Gift Cards Gift Cards cannot be offered to any third parties for sale or otherwise for monetary or other value or as part of a promotion, competition, auction or similar activity by the Customer (or any person to which the Gift Card has been gifted by the Customer). Newcrush reserves the right to refuse or suspend any Gift Card which we know or suspect has been used for this purpose.
32. Changes to Terms & Conditions
We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.
33. Report abuse
34. Disclaimer of Liability
To the extent permitted by law, you are solely responsible for any loss resulting from your use of our website and other services provided by us. We and out team will not be liable for any indirect or consequential damages. We and out team are not responsible for the conduct of any advertisers, linked sites or other members.
35. Notification of security breach
If there is a security breach that may affect you, we will report the violation and describe what happened. Final provisions
36. Laws and jurisdiction
These terms and conditions are governed and shall be interpreted in accordance with Lithuanian Law and shall be subject to the non-exclusive jurisdiction of the courts of Lithuania. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.