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What to do if you buy defective/low-quality product?

A consumer has the right to complain to the seller about quality of the product within the time period of warranty (Article 6.338 of the Civil Code of the Republic of Lithuania).

1. If a defective product has been sold, the consumer first has the right to demand the repair or replacementof the product (if the demand is proportionate).

2. The consumer has the right to demand a proportionate reduction in the price of the product or termination of the purchase and sale contractif:

the seller has not repaired or replaced the item;
the defect has occurred repeatedly;
the defect is essential;
the seller has stated or it is clear from the circumstances that he will not repair or replace the item within a reasonable time and this will cause the consumer serious inconvenience (Article 6.364 (1) of the Civil Code).

Please note that if the product was purchased before 1 January 2022 and a defect in the item becomes apparent during the time period of warranty, you have the right, at your own choice, in accordance with Article 6.363 (7) of the Civil Code:

request the seller to rectify the defects of the item (repair the item) free of charge;
request the seller to replace the defective item with an item of adequate quality free of charge;
request the seller to reduce the price accordingly;
unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

What is product warranty?

The Civil Code establishes two types of product warranty - a warranty under law, which is valid for two years from the date of purchase of the products, and a contractual or commercial (quality) warranty, which is considered an additional warranty provided by the seller.

In accordance with the provisions of Article 6.338 of the Civil Code, a consumer in all cases may address the seller in respect of defects of the product that arose within a period of two years (warranty under law), unless the seller has established a longer warranty period.

It should be noted that the warranty period starts from the delivery of the items, unless the contract provides otherwise. If the seller refuses to fulfill his obligations within the specified warranty period, the consumer should first contact the seller in writing and state his claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

After purchasing a low-quality product/service do I have to choose only from the alternatives offered by the entrepreneur?

You do not have to, but you cannot choose entirely at your own discretion:

If you have been sold a defective product, you first have the right to demand the repair or replacementof the product (if the demand is proportionate).
You have the right to demand a proportionate reduction in the price of the product or termination of the purchase-sale contractif:

the seller has not repaired or replaced the item;
the defect has occurred repeatedly;
the defect is essential;
the seller has stated or it is clear from the circumstances that he will not repair or replace the item within a reasonable time and this will cause the consumer serious inconvenience (Article 6.364 (1) of the Civil Code).

request the seller to rectify the defects of the item (repair the item) free of charge;
request the seller to replace the defective item with an item of adequate quality free of charge;
request the seller to reduce the price accordingly;
unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

Is the seller obliged to extend the warranty period of the product if I could not use it due to the repair of the product?

According to the provisions of the Article 6.335 of the Civil Code, where obstacles within the seller’s control prevent the buyer from using the things for which a period of warranty of quality has been set, the warranty period shall not run until the seller removes the obstacles. Point 4 of this Article states, unless otherwise determined in the contract, the period of warranty shall be extended for the period the buyer was unable to use the things due to the defects, provided the buyer duly notified the seller of the perceived defects. Thus, unless otherwise provided in the purchase and sale contract, the warranty period is extended to the extent that the purchased goods could not be used due to circumstances beyond the control of the buyer.

Is the seller obliged to provide a replacement product during the warranty period?

The legislation does not provide for the seller's obligation to provide a replacement product to the buyer during the warranty repair period. It is the seller's right, not the obligation, to provide a replacement product, so in this case we would suggest looking at the warranty service conditions set out in the contract or warranty document. If there is a provision for a replacement product, the seller must fulfill the obligations set out in the contract. In addition, we would suggest, before concluding the contract, to offer the seller to include in it provisions concerning replacement product during the warranty repair of the product.

Am I entitled to make a claim for a second-hand item?

Yes. Upon purchase of a second-hand goods, the consumer has the right to make claims for defects in the goods which were not discussed at the time of the conclusion of the contract or which the seller hid from the consumer, even though he knew or could not have been unaware of.

A second-hand item for sale may differ in quality from a similar new item due to natural wear and tear and the conditions of previous use (intensity, etc.), and therefore be expected to be less efficient and to have a shorter lifespan. However, quality requirements also apply to such items.

In addition, please be informed that before concluding a consumer contract, the trader must clearly and comprehensibly provide the consumer with the necessary, correct, complete and non-misleading information on the main characteristics of the goods, warranty conditions, etc. (Part 1 of the Article 6.228 (6) of the Civil Code).

According to the Article 6.363 of the Civil Code, a consumer to whom a defective item has been sold has the right to:

request the seller to rectify the defects of the item (repair the item) free of charge;
request the seller to replace the defective item with an item of adequate quality free of charge;
request the seller to reduce the price accordingly;
unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

In this case, you should first contact the seller in writing and set out your requirements in the claim. It is important to attach a receipt or other document confirming the purchase and sale of the goods to the claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

Where to apply for food quality?

State Food and Veterinary Service investigates complaints from consumers, their organizations, other interested institutions and organizations regarding food that does not comply with safety, quality, labeling, provision of product information, including price indication, and other mandatory requirements, unsafe food handling services.

If you have purchased a substandard food, you should first contact the seller in writing, stating your request and along with the product and proof of purchase. The request must indicate the defects of the food and the choice of the consumer's requirement (change the product to good quality or return the money paid). If the dispute with the seller cannot be resolved amicably, the consumer has the right to contact the State Food and Veterinary Service about the quality of food products by free phone 8 800 40 403 or report about low-quality food by filling in the form at the: https://vmvt.lt/maisto-sauga/kontrole/praneskite-apie-nekokybiskus-maisto-produktus.

In case the consumer has a property claim against the seller, he has the right to apply to the State Consumer Rights Protection Authority for dispute resolution according to the Alternative Dispute Resolution procedure for resolving disputes between consumers and sellers and service providers established in the Law on Consumer Protection of the Republic of Lithuania.

What if the purchased product does not match the description?

Part 1 of the Article 6.228 (6) of the Civil Code states that before concluding a consumer contract, the trader must clearly and comprehensibly provide the consumer with the necessary, correct, complete and non-misleading information on the main characteristics of the goods, and part 4 of the same Article states that the burden of proving that the information has been provided to the consumer in accordance with this Article lies with the trader. According to part 5 of this Article, a trader who has failed to comply or improperly complied with the obligation to provide information to the consumer must compensate for any loss suffered by that consumer.

In this case, the consumer should first contact the seller in writing and set out his requirements in the claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

Where to apply for the quality of a product or service if the seller's/service provider's company has gone bankrupt?

Information on the possible bankruptcy of the company can be found on the website of the Authority of Audit, Accounting, Property Valuation and Insolvency Management under the Ministry of Finance of the Republic of Lithuania https://avnt.lrv.lt/lt/, by entering the name of the company in the search box.

After filing a bankruptcy case of a company in court, laws and other legal acts do not give the State Consumer Rights Protection Authority the right to decide on the issue of protection of the rights and legitimate interests of consumers against the bankrupt company. According to the Article 21 (1) of the Enterprise Bankruptcy Law, upon the initiation of bankruptcy proceedings in court, the creditors shall have the right to refer their claims to the administrator within the time limit fixed by the court, along with the documents substantiating the claims.

Consumers have the right to submit a statement on approval of credit claims to the administrator of the bankrupt enterprise (submitting the statement to the bankruptcy administrator should be accompanied by a copy of the contract, purchase documents or other available documents). Please note that you will find information on the bankruptcy administrator appointed for the company at the link above. Under Article 35 (4) of the Law, consumer credit claims approved in court would be satisfied in the third place.

Exchange and return of products

If I believe that the purchased product is defective, can I refuse to send/deliver the product to the seller for a quality assessment (especially in cases where the seller claims that it is difficult to identify the defects in the product from the photos)?

Products are exchanged or returned at the place of purchase or at another place convenient for the consumer specified by the seller. You must provide the product to the seller and specify the reason (defect or other reason) for which the purchased product does not satisfy you, and one of the requirements set out in Article 6.362 of the Civil Code (if a product of good quality is purchased) or Article 6.364 (1) of the Civil Code (if a product of inadequate quality is purchased). The request can be made orally or in writing (The Retail Rules).

If you provide the seller only with a request without submitting the product, this does not prevent you from contacting the State Consumer Rights Protection Authority in case the dispute with the seller cannot be resolved amicably, and it is not a basis for the Authority to refuse to consider a consumer dispute.

If, when examining the consumer’s request for out-of-court dispute resolution on the quality of product, the parties take different positions, the State Consumer Rights Protection Authority may ask the consumer to give the seller the opportunity to inspect the evidence (the product purchased that may be of inadequate quality) and, within a certain time limit, to provide a reasoned explanation regarding the disputed product’s quality.

It is very important to note that the parties to contract must cooperate and collaborate and, in the case of an out-of-court dispute procedures, exercise their rights in good faith and without delaying the dispute resolution. It should also be noted that the Authority may terminate if the consumer does not provide the necessary explanations or otherwise obstructs the dispute’s resolution.

Who bears the cost of returning the goods?

The consumer bears only the direct costs of returning the goods, unless these costs are contractually borne by the trader or the trader has failed to inform the consumer adequately that these costs will be borne by the consumer. However, the costs of returning an item of defective quality are borne by seller (Part 2 of the Article 6.364 (2) of the Civil Code).

Within what time limit must the trader refund the buyer the price paid for a product of good quality?

The seller must refund the buyer the price paid by the latter without delay, but not later than within fourteen days from the return of the thing (Part 2 of the Article 6.362 of the Civil Code).

When reimbursing all sums paid by the consumer, the trader must use the same means of payment as the consumer used to pay the trader. If this is not possible due to objective circumstances, the method of reimbursement should be agreed by the parties to the contract in a separate agreement (Part 2 of the Article 6.228 (11) of the Civil Code).

Is it possible to return quality product purchased in a shop?

Yes.

If the product is suitable quality, the buyer shall be entitled to replacement of the purchased products, other than food products, at the place of purchase or elsewhere, as indicated by the seller, within fourteen days from the delivery thereof to the buyer, unless the seller has set a longer time period, receiving in exchange analogous products of different measurements, form, color model or completeness or return the items to the seller and recover the price paid for them.

Please note that the buyer's request to replace or return the products is satisfied if the products have not been used, undamaged, their consumer properties have been preserved, the products have not lost their commercial appearance and the buyer has evidence that he bought the products from a particular seller.

It should be noted that Part 17 of the Retail Rules provides a list of non-returnable goods. Products included in this list, of appropriate quality, may be returned only with the consent of the seller. You can find the above rules at the following link: https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.137498/asr

Is it possible to return the product to other point of sale than purchased?

According to the Point 20 of the Retail Rules, the goods are exchanged or returned at the place of purchase of the goods or at another place convenient for the consumer specified by the seller. Thus, unless the seller specifies otherwise, the goods must be returned to the place where they were purchased.

How is the 14-day return period calculated when purchasing the product directly at the point of sale?

A time limit shall start at the beginning of the first hour of the day following the calendar date or an event defining the beginning of the time limit unless the laws provide otherwise. This means that the 14-day return period is calculated from the day after the purchase (Part 1 of the Article 1.118 of the Civil Code).

It should be noted that an action for the performance of which a time limit is set must be performed before the expiry of the last hour of the last day of the time limit. However, where an action is to be performed in an organization, the time limit shall expire by the end of the office hours set by the organization in question (Article 1.122 of the Civil Code).

The burden of proving that the products have been returned within the specified period lies with the consumer.

Is it necessary to return a defective/poor quality product in the original packaging?

Legislation does not oblige the consumer to preserve the original packaging of the product and present it to the seller when the product is repaired, replaced or returned as of poor quality, but it is important to ensure that the returned product is properly packaged during transport so that no further defects arise.

It should be noted that it is up to the sender (consumer) to ensure that goods are properly packed, taking in to account the nature of the goods (e.g. appropriate measures and labeling for fragile items and their parts).

Is it possible to return children's clothes?

The Retail Rules state that store-bought baby clothes of the good quality are non-returnable and non-exchangeable unless the seller agrees in good faith. We would like to note that babies' garments are considered to be garments intended for small children of a height not exceeding 86 cm. Boys' or girls' underwear, pyjamas and similar items are also non-returnable and non-exchangeable.

If children's clothing is not included in the above mentioned clothing the consumer shall be entitled to replacement of the purchased products, other than food products, at the place of purchase or elsewhere, as indicated by the seller, within fourteen days from the delivery thereof to the buyer, unless the seller has set a longer time period, receiving in exchange analogous products of different measurements, form, color model or completeness or return the items to the seller and recover the price paid for them.

If you are unsure whether a particular product can be returned, please contact the State Consumer Rights Protection Authority by phone (8 5) 262 67 60 or e-mail [email protected]

If the children’s clothing (including baby clothes, pyjamas, underwear and similar items) was purchased online, the consumer has the right to withdraw from the distance contract within fourteen days of receipt (Article 6.228 (10) of the Civil Code). It should be noted that in this case the goods must also be unused and have not lost their commercial appearance.

I received a gift that I don’t like/ doesn’t suit me, what to do?

If the gift you received is not to your liking or does not fit, first check whether it is not included in the list of non-returnable products provided in the Retail Rules. The list includes, inter alia, electrical appliances and equipment, information technology goods (such as mobile phones, computers, tablets), electric garlands, toys, games, books, perfumery and cosmetics, jewelry, watches and clocks, etc.), which are particularly relevant during the festive period.

If a gift you don’t like is of the right/good quality and is not included in the list of non-returnable products, you shall be entitled to replacement of the purchased products, other than food products, at the place of purchase or elsewhere, as indicated by the seller, within fourteen days from the delivery thereof to the buyer, unless the seller has set a longer time period, receiving in exchange analogous products of different measurements, form, color model or completeness or return the items to the seller and recover the price paid for them (Article 6.362 of the Civil Code).

Who is responsible for transporting products of poor quality weighing more than 10 kg for replacement, repair or return?

Large and heavy (more than 10 kg in weight) non-food products of poor quality in order to assess, change, repair or return the good quality shall be transported by the seller, unless otherwise provided in the sales contract. The quality of such products may also be assessed at the place where the goods are actually used or stored.

Is it possible to return electronic appliance?

The return of electrical appliances of appropriate/good quality after purchase of the goods at the point of sale is determined by the Point 17.14 of the Retail Rules, where is stated that electrical machinery and equipment, sound recording and playback devices, as well as television video and audio recording and playback devices of good quality may only be returned with the consent of the seller.

Can I return a quality item after using it?

You can't, because returned items of good quality must be unused and have not lost their commercial appearance, otherwise the seller has the right not to accept them.

As a reminder, Point 17 of the Retail Rules provides a list of goods that can only be returned in good quality with the seller's agreement.

What to do if I miss the expiration date of the gift voucher?

If the gift voucher expires (if it is clearly and unambiguously expressed in the voucher) through no fault of the seller or service provider, the trader indicated in the voucher is no longer obliged to fulfill the consumer's claim for purchase goods or services on the basis of the gift voucher. After the expiration date of the gift voucher, the consumer's claim can be satisfied only with the goodwill of the entrepreneur. In this case, we suggest contacting the seller or service provider to inquire about the possibility of renewing the voucher.

Delivery of goods

Do I have to pay for products or services that I did not order?

No, you do not have. According to the provisions of Article 6.228 of the Civil Code, a consumer to whom goods or services not ordered by him are provided is not obliged to pay for it. The consumer shall not incur any additional costs due to the receipt of unsolicited goods or services. Consumer inaction (silence) is not considered consent to purchase. It should be noted that the burden of proving that the consumer has expressed a will to conclude a consumer contract lies with the trader.

What is delivery time of products?

According to the provisions of Article 6.359 of the Civil Code the seller's obligation to deliver the goods no later than 30 days from the date of conclusion of the contract by transferring them to the buyer or transferring control of them to the buyer (unless the parties agree otherwise). It should be noted according to the Article 6.156 of the Civil Code he parties shall be free to enter into contracts and determine their mutual rights and duties at their own discretion; the parties may also conclude other contracts that are not established by this Code if this does not contradict laws. Thus, the consumer can agree with the seller on any mutually satisfactory delivery time, and if this deadline is not set, the goods must be delivered no later than 30 days after the conclusion of the contract.

What to do if the seller does not deliver the goods purchased online and does not return the money paid for it?

If the seller unreasonably refuses to transfer the goods to the buyer, the buyer has the right to refuse to perform the sales contract and demand compensation for losses. If the seller fails to deliver the goods within the prescribed time limit, the consumer should first contact the seller in writing and set out his specific claim. If the consumer is not provided with a response within 14 calendar days of the written request to the seller, or the consumer is not satisfied with the seller's response, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution.

What to do if the purchased product does not match the description?

The Article 6.228 (6) of the Civil Code imposes an obligation on the trader to provide the consumer with the necessary, correct, complete and non-misleading information (including information on the main characteristics of the goods) in a clear and comprehensible manner before concluding the consumer contract. It is also stated that the burden of proving that the information has been provided to the consumer under this Article lies with the trader.

According to paragraph 5 of this Article, a trader who fails to fulfill or improperly fulfills the obligation to provide information to the consumer must compensate the consumer for the losses incurred as a result. In this case, the consumer should contact the seller in writing and set out his claim. If the consumer is not provided with a response within 14 calendar days of the written request to the seller, or the consumer is not satisfied with the seller's response, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution.

Distance selling

What to do if the seller does not deliver the goods purchased online and does not refund the money paid for it?

What is delivery time of products?

What information should the seller provide to the consumer when concluding a distance contract?

According to the Article 6.228 (7) (1) of the Civil Code before concluding a distance or off-premises contract, the trader must provide the consumer with the following information in a clear and comprehensible manner:

1) the main characteristics of the good or service (taking into account the media and the good or service);

2) data on the entrepreneur (name and surname or title, legal status of the legal person);

3) the address of the entrepreneur's registered office and, if available, telephone, fax numbers and e-mail address at which the consumer may contact the entrepreneur and, if necessary, details of the entrepreneur on whose behalf he is acting (name, registered office address). Address of the place of business of the trader and, where applicable, of the entrepreneur on whose behalf he is acting and where the consumer can make complaints, if the address of the place of business is different from the address of the registered office;

4) the total price of the goods or services, including taxes, or where, due to the nature of the goods or services, the price cannot reasonably be estimated in advance, the method by which that price is calculated and, if necessary, any additional transport, delivery, postal and other charges, or where these additional costs cannot be estimated in advance for justified reasons, information that they may have to be paid. In the case of a contract of indefinite duration or a contract where periodic payments are foreseen, the total price shall comprise all the costs of a given invoicing period. If a fixed fee is payable under the contract, the total price also means the full monthly cost. If all costs cannot be reasonably estimated in advance, the method by which the price is calculated must be specified;

5) the costs of using means of communication when concluding the contract, if they are calculated not in accordance with the basic (usual) amounts;

6) the procedure for payment, delivery, performance of the contract, the term for delivery of goods or provision of services and, if necessary, the procedure for the examination of consumer complaints by the entrepreneur;

7) right of withdrawal: the conditions, term and procedure for exercising this right according to the Article 6.228 (10) of Civil Code, as well as a model withdrawal form or information that the consumer has no right of withdrawal in accordance with Article 6.228 (10) of Civil Code, or where appropriate, the circumstances in which the consumer loses the right of withdrawal;

8) if necessary, information that the consumer, having withdrawn from the contract, must bear the cost of returning the goods and, in the case of distance contracts, the cost of returning the goods if, by their nature, the goods cannot normally be returned by post;

9) information that the consumer who withdraws from the contract in accordance with Article 6.228 (10) (9) or (10) of Civil Code must pay reasonable costs to the trader in accordance with Article 6.228 (11) (9) of Civil Code;

10) a reminder about the product warranty in accordance with the law;

11) if necessary, customer service, services provided to them after the conclusion of the contract and quality guarantee (commercial guarantee) and their conditions;

12) if necessary, the code of conduct applicable to the entrepreneur and information on how to access it;

13) if necessary, the duration of the contract and, where the contract is open-ended or automatically renewed, the conditions for terminating the contract;

14) if necessary, the minimum duration of the contract;

15) if necessary, the securities or other financial guarantees which the consumer must provide or pay at the request of the trader and the conditions for the application thereof;

16) if necessary, the possibility to file a complaint or claim out of court redress and the conditions for exercising it;

17) where applicable, the functional characteristics of the digital content, including the technical security measures applied;

18) if necessary, the compatibility of the digital content with the hardware and software, as far as the entrepreneur knows or needs to know.

The obligation of proving that the information is provided to the consumer lies with the trader.

Can I withdraw from distance contract or contract concluded by means of communication?

The Article 6.228 (10) (1) of the Civil Code establishes the consumer's right to withdraw from a distance contract within 14 days without giving a reason and without incurring costs other than those provided for in Article 6.228 (11) of Civil Code. It should be noted that this right is not absolute, so before purchasing a product at a distance, it is advisable to note the exceptions provided for in paragraph 2 of the same article, which are not covered by the right of withdrawal. It should also be noted that the returned product must be undamaged, unused, i. y. be intact in appearance.

What are the exceptions to the right to withdraw from a distance contract?

The consumer's right to withdraw from a distance and off-premises concluded contract shall not apply to the following contracts:

1) service contracts under which the services are provided to the consumer in full and the consumer has given his express consent and recognition that he will lose the right to withdraw from the contract when the trader has performed the contract in full;

2) contracts under which the price of products sold or services provided depends on financial market fluctuations during the withdrawal period specified in Paragraph 1 of Article 6.228 (10) of the Civil Code;

3) contracts for products manufactured according to the consumer's specific instructions, which are not pre-manufactured and which are produced according to the consumer's personal choice or instruction, or for products which are clearly tailored to the consumer's personal needs;

4) contracts for perishable goods or goods with a short validity period;

5) contracts for packaged goods which have been unpacked after delivery and which are unfit for return for reasons of health protection or hygiene;

6) contracts for goods which, after delivery, by their nature are inseparably mixed with other goods;

7) contracts for alcoholic beverages, the price of which is determined at the time of concluding the sales contract and which are delivered thirty days after the conclusion of the contract, and the fair value of the beverages depends on market fluctuations;

8) contracts concluded after the consumer has made a specific request to the trader for this arrival in order to carry out urgent repairs or maintenance. If, in this case, the trader provides more additional services than the consumer has specifically indicated, or sells more additional goods than are necessary for the repair or maintenance, those additional services or goods shall be covered by the right of withdrawal;

9) contracts for packaged video or audio recordings or packaged software that have been unpacked after delivery;

10) contracts for the delivery of newspapers, periodicals or magazines, except contracts for the subscription of these publications;

11) contracts concluded at a public auction;

12) contracts for accommodation, carriage of goods, car rental, catering or leisure services, if the contract specifies a specific date or period for the provision of services;

13) contracts for the supply of digital content, if the supply of digital content has been started with the consumer's express prior consent and acknowledgment that he or she will lose the right to withdraw from the contract as a result.

How should the consumer notify the seller of his wish to withdraw from a distance contract?

The consumer shall notify the trader of the withdrawal from the distance or off-premises concluded contract:

1) by submitting a duly completed contract withdrawal form. This form shall be approved by the Government of the Republic of Lithuania or an institution authorized by it; or

2) by making a clear statement setting out his decision to withdraw from the contract.

The trader may enable the consumer to submit documents on the website electronically regarding the withdrawal from a distance or off-premises contract. In this case, the trader must immediately confirm to the consumer on a durable medium that he has received his withdrawal.

The obligation of proving compliance with the requirements of the Civil Code for withdrawal lies with the consumer.

I bought the good online, but it didn’t suit me. Who bears the cost of returning the product?

The Article 6.228 of the Civil Code states that the consumer bears only the direct costs of returning the goods, unless those costs are covered by the trader under the contract or the trader has not duly informed the consumer that these costs will be covered by the consumer.

When I bought the product online, I also paid for the delivery of the product, but the product did not suit me. Is the seller right to reimburse only the cost of the goods and not the cost of delivery?

The Article 6.228 (11) of the Civil Code states that the trader must reimburse the consumer all sums paid, including the delivery costs paid by the consumer, without delay and no later than fourteen days from the date on which he received the consumer's notice of withdrawal. The consumer bears only the direct costs of returning the goods, unless those costs are covered by the trader under the contract or the trader has not duly informed the consumer that these costs will be covered by the consumer. Thus, in this case, the cost of delivery of the goods must be reimbursed by the seller.

I bought the item online, but it didn’t suit me. Can I return the item to the seller only after I will receive money for the item?

The Article 6.228 (11) (5) of the Civil Code states that the consumer must send or transfer the goods to the trader without delay and no later than fourteen days from the date of notification to the trader, unless according to the contract the trader is obliged to take back the goods when the consumer withdraws from the contract. Accordingly, paragraph 4 provides that the trader may not refund the amounts paid by the consumer until the goods have been returned to the trader or until the consumer provides proof that the goods have been sent to the trader, unless the trader has a contractual obligation to take back the goods.

I bought goods online. Does the seller have to reimburse me for all delivery costs if I refuse part of the purchased goods?

When the seller fulfills the obligation to return the money paid to the consumer for the goods and the delivery costs of the goods when only part and not all of the goods are refused, the seller must calculate the refund to the consumer accordingly in proportion to the total order.

There was a dispute concerning the goods purchased online. The seller is an entrepreneur established outside the European Union, Norway or Iceland. Where can I apply?

The State Consumer Rights Protection Authority is not authorized to examine consumer requests for transactions in which one party - the seller - resides or is established outside the European Union, and the other party is a citizen of the Republic of Lithuania. In this case, you have the right to contact the World Consumer Rights Network at http://www.econsumer.gov/ or http://www.consumersinternational.org/ for your consumer protection rights and to submit your complaint (request) together with documents substantiating the circumstances of the dispute (order information, document proving payment for the goods, e-mails, etc.).

When does the consumer acquire the right to withdraw from a distance contract within 12 months instead of 14 days?

If the trader has not provided the consumer with information on the right to withdraw from the contract in accordance with Article 6.228 (7) of the Civil Code, the consumer has the right to withdraw from the contract within 12 months of the deadline set in paragraph 3 of this Article.

What is considered a "custom-made" product for the consumer that the consumer cannot return?

This exception should be applied, for example:

- goods made according consumer’s specifications, such as furniture dimensions or fabric size;

- goods which the consumer has ordered to be supplemented by special functions adapted to his personal needs; this may be, for example, a custom-made car model or a specific computer part that needs to be provided individually to the consumer's order and is not part of the dealer's overall public offer;

- business cards with the consumer's contact details or a T-shirt with a consumer’s selected image.

In that context, the specifications or personalization referred to by the consumer should be understood as meaning that the goods are, in principle, unique and manufactured in accordance with the individual wishes and needs expressed by the consumer in agreement with the trader.

Conversely, when the consumer simply assembles the goods himself by choosing from the standard (pre-determined) options offered by the trader, such as choosing a car color or accessories or assembling a set of furniture from standard parts, this should not be considered as "specified" or "personalized" interpreting this provision narrowly.

Entertainment services

Am I entitled to terminate the service contract before its expiry?

Yes, such a consumer right is provided by law. The Article 6.721 of the Civil Code of the Republic of Lithuania provides that “The client shall have the right to unilaterally terminate the contract even though the provision of the services by the provider is already in progress. In this case the client is bound to pay to the provider of services part of the agreed price in proportion to the services rendered and to pay other reasonable expenses made by the provider of services for the purpose of the performance of the contract before the date of receipt of the notice of termination of the contract from the client. It should be noted that the service provider is not entitled to charge a fee for the termination of the contract, but may demand reimbursement of reasonable costs related to the provision of the service, which the service provider must substantiate and prove. Thus, the consumer has the right to terminate the service contract at any time and recover the money for the services not provided, but the consumer must reimburse the costs associated with the provision of the service.

What to do if the event does not take place?

If the consumer has not received all or part of the pre-paid services (in this case the event for which the tickets were bought in advance), this is considered a breach of contract and is contrary to the principle of "compliance with contracts" provided in the Article 6.189 (1) of the Civil Code. It should also be noted that contractual civil liability is a pecuniary obligation that arises from the non-performance or improper performance of a contract to which one party is entitled to claim damages and the other party is liable to pay damages for non-performance or improper performance, for example return the money paid for tickets to the event that did not take place. In this case, first of all, in accordance with Article 20 and Article 21 (1) of the Law on Consumer Protection, the consumer should write to the service provider (in this case the event organizer) in writing and set out his requirements. It should be noted that it is necessary to keep the document confirming the payment for the tickets (purchase receipt, payment card account statement, etc.) and tickets to the event. If the service provider does not agree with the consumer's requirements, he must provide a detailed reasoned written response based on documents no later than 14 calendar days from the date of receipt of the consumer's request. If the service provider does not respond within the specified term or responds negatively, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution procedure.

What should I do if I missed and gift voucher has expired?

If the gift voucher expires (if it is clearly and unambiguously expressed in the voucher) through no fault of the seller or service provider, the trader indicated in the voucher is no longer obliged to fulfill the consumer's claim to purchase goods or services on the basis of the gift voucher. After the expiration date of the gift voucher, the consumer's claim can be satisfied only with the goodwill of the entrepreneur. In this case, we suggest contacting the seller or service provider to inquire about the possibility of renewing the coupon.

In case the seller / service provider does not inform or does not properly inform about the conditions of validity and realization of the gift voucher, or does not properly ensure these conditions, first contact the seller or service provider named in the gift voucher in writing and state your claim. If the seller / service provider does not provide a response within 14 days, or you are not satisfied with the seller's / service provider's response, you should contact the State Consumer Rights Protection Authority in writing.

Where can I apply for improperly organizes lotteries?

The Article 23 of the Law on Lotteries provides that the activities of large lottery organizers are supervised and controlled by the Gaming Control Authority under the Ministry of Finance of the Republic of Lithuania. The Article 24 of the mentioned Law states that the supervisory and control institutions, implementing the provisions of this Law, control the compliance of lottery organizers with the requirements of laws and other legal acts regulating the organization of lotteries.

What should I do if I do not agree that the car was damaged during the rental period?

A consumer who does not agree to have caused damage to the car during the rental period must first contact the service provider in writing and state his requirements. The service provider must respond to the consumer within 14 days of receiving the consumer's request. If the service provider does not respond within the specified term or responds negatively, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution procedure.

Please note that when renting a car, it is important to inspect it carefully and assess whether there are any damage (defects) to the car. If you find any damage (defects) in the car - it is important to record them in the car's acceptance-transfer document, by taking photos and filming. If the car is returned outside working hours and the car is not inspected together with the employee, the car return (acceptance-transfer) document is not filled in, it is important to record the condition of the car when leaving the car, that is, after returning the car to the service provider, we recommend taking photos and videos that show the time the photos were taken and from which it can be identified that the rented car is recorded in them.

Tourism services

Can I cancel my trip due to illness?

Yes, you can, but in this case you will have to compensate the tour operator for the direct losses incurred.

The Article 6.750 of the Civil Code states that the tourist shall have the right to withdraw from the contract for the provision of tourism services at any time and the obligation arising from this right towards the tour operator. Withdrawal from the contract shall take effect from the moment of its declaration.

If the tourist terminates the travel package contract, the tour operator may require the tourist to pay a reasonable fee for the termination of the contract of organized trip. In cases where the fee for terminating a travel package contract is set out in the travel package contract, its amount depends on the time remaining before the start of the tourism service, the expected reduction in the tour operator's costs and the revenue that the tour operator expects to receive or would receive from the sale of the travel package to another person. In cases where the termination fee is not provided for in the contract, the termination fee must correspond to the price of the package, less the amount saved by the tour operator as a result of the reduction in costs and the proceeds of selling the package to another person. At the request of the tourist, the tour operator must provide a justification for the amount of the fee for the termination of the organized travel package contract. In all cases, the amount of the termination fee for an organized travel package contract may not exceed the price of the organized tourist trip specified in the organized travel package contract.

In order to reduce losses, a tourist may exercise the right to transfer his right to an organized tourist trip to another person who will acquire all the rights and obligations of a tourist under a travel package contract if he submits a reasoned notice to the tour operator before the start of the organized tourist trip. A tourist report shall in all cases be considered valid if it is submitted no later than 7 days before the start of the organized tourist trip. The tourist and the other person shall be jointly and severally liable for the price of the trip and the costs related to the transfer of the right to an organized tourist trip. We also would like to note that after purchasing a trip, it is possible to get insurance against missed travel - in this way, most of the money paid could be recovered in case of illness.

What if we bought an organized tourist trip with accommodation in one hotel but stayed in another?

The Article 6.750 (4) of the Civil Code states that a tourist has the right to terminate a travel package without paying a termination fee, in cases where the tour operator's contract cannot be continued due to deficiencies indicated by the tourist and the tour operator does not rectify the deficiencies within a reasonable period. Improper performance of a travel package contract where the alternative services offered result in a travel package tour of a lower quality than that specified in the travel package contract, if the tour operator is unable to offer alternative services for reasonable reasons and if the tour operator cannot continues and the tour operator does not remedy the deficiencies within a reasonable period set by the tourist. The tourist may request a reduction in the price of the organized tourist trip or compensation for damage.

Also, if the alternatives offered are not similar to those services agreed in the contract, or if the price reduction granted is inadequate, the tourist may refuse them.

Thus, claims arising from improper performance or non-performance of the contract during the trip must be reported by the tourist to the guide, local representative of the tour operator, contact center or other service immediately, on the spot or if the problem is not resolved, upon return from the trip without undue delay. or if there are not any- to the tour operator.

The travel package contract shall specify the tour operator's internal claims handling procedure to be followed by the tourist.

If the tourist is not satisfied with the tour operator's response, he has the right to contact the consumer dispute resolution body on the same subject matter within one year.

The Article 23 (2) of the Law on Consumer Protection states that the consumer may apply to the dispute resolution body within 1 year of contacting the seller or service provider, and the Article 21 (1) states that the consumer must contact the trader within 3 months from the day consumer became aware about the violation of his/her rights.

What are my rights if a tour operator cancels a trip on the ground of too few tourist interested in the trip?

If the number of persons who have purchased an organized tour is less than the minimum number of tourists specified in the contract, the tour operator has the right to terminate the travel package only if the tour operator has provided the tourist with information on termination on a durable medium no later than:

1) 20 days before the start of the organized tourist trip, if the duration of the trip is longer than 6 days;

2) 7 days before the start of the organized tourist trip, if the duration of the trip is not less than 2 days and not more than 6 days;

3) 48 hours before the start of the organized tourist trip, if the duration of the trip is shorter than 2 days.

In such cases and within the above deadlines before the start of the organized tourist trip, if the tour operator terminates the contract, the tour operator must return to the tourist all the money paid for the organized tourist trip. If the deadlines have not been met, the tourist may also claim refund.

The tour operator shall refund all money paid by the tourist or on behalf of the tourist for the organized tourist trip no later than within 14 days from the date of termination of the organized tourist trip contract.

What should I do if I do not agree that the car was damaged during the rental period?

Who is responsible for refund if the travel package contract was concluded through an intermediary to whom the money was transferred?

The parties of an organized travel package contract are the tourist (consumer) and the tour operator, i. e. the obligatory legal relationship developed only between the tourist and the tour operator (Article 6.747 (1) of the Civil Code). The Article 2.132 (4) of the Civil Code, intermediaries shall not be considered as representatives of a tour operator and may not be considered a party to a contract of organized tourist travel. The role of the intermediary is limited to the fact that the intermediary carries out certain acts which lead to the conclusion of an organized tourist trip between the tourist and the tour operator, but such acts do not create binding rights and obligations between the intermediary and the tourist.

This means that a travel package contract concluded through an intermediary is considered to be legally binding only on the party to the contract (i.e. the tourist and the tour operator). Despite the fact that the travel package contract has been concluded through an intermediary, the tour operator must comply with the legal obligations set out in the contract and resolve any disputes arising therefrom, including the settlement of package travel contracts, directly with the intermediaries chosen.

Car repair services

What to do if you receive poor quality car repair service?

A consumer who has been provided with a poor quality car service may exercise the rights of a purchaser established in Article 6.363 (7) of the Civil Code, and at its option, within the 2-year term specified in the Article 6.338 of the Civil Code, to demand from the service provider: 1) to eliminate the deficiencies of the service free of charge; 2) to replace a service of inappropriate quality with a service of appropriate quality free of charge; 3) reduce the price accordingly; 4) unilaterally terminate the contract and demand a refund of the price paid. In the event that the car is damaged during the car repair work, the person performing the repair must compensate the consumer for the damage, unless he proves that the damage was not due to the fault of the service provider. In this case, the consumer must first contact the service provider in writing and state his requirements. The service provider must respond to the consumer within 14 days of receiving the consumer's request. In the event that the service provider does not agree to meet the consumer's requirements, or the consumer does not receive a response within the above mentioned deadline, he has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution procedure.

Please note that in order to avoid a dispute with car repair companies, before leaving the car for repair, the consumer should require the service provider to fill in documents (order form, and in case of leaving the car in the workshop - an act of transfer-acceptance of works). It should be noted that it is especially important that the application contains information on the estimated cost and deadline of the works, and when filling in the act of transfer-acceptance of works - information on the completeness of the vehicle and visible external or internal (cabin) damages and defects.

Transport services

Am I entitled to compensation from the airlines if my flight has been canceled or delayed?

If the flight is canceled, the airline must pay you compensation, the amount which depends on the distance of the flight: up to 1500 km - 250 EUR; more than 1500 km within the EU and between 1500 and 3500 km for flights elsewhere - 400 EUR; for a longer distance -600 EUR.

Compensation does not apply: if the flight is canceled due to special circumstances that cannot be avoided (e.g. adverse weather conditions, safety hazards, air traffic management decisions, etc.), if you were notified of the cancellation more than two weeks before the departure date and not less than seven days before the scheduled time of departure and was offered a re-routing not more than two hours before the scheduled time of departure and arriving at the final destination less than four hours before the scheduled time of arrival.

In the event of a flight delay, you are also entitled to compensation if you have reached your final destination three or more hours later than the airline's scheduled arrival time as a result of the delayed flight. No compensation is payable if the flight has been delayed due to special circumstances.

What to do if luggage was damaged during the flight?

Damage to luggage is governed by the Convention for the Unification of Certain Rules for International Carriage by Air ("the Montreal Convention"). Under the Montreal Convention, he carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier.

In case of damaged luggage, you should first fill in a special form “Property Irregularity Report” (PIR) at the airport and keep a copy for yourself. A written claim for compensation should then be made to the airline. Along with the claim, it is important to provide a copy of the boarding pass, copies of luggage labels, PIR, and information about luggage damage (photos of luggage damage, if the suitcase has been repaired, provide payment documents that can justify the repair price, if the suitcase is not repaired - certificate justifying it, ect.). It is important to submit a claim to the airline no later than 7 days after the fact of the violation has been recorded at the airport.

If the dispute with the airline cannot be resolved amicably, you should contact the State Consumer Rights Protection Authority (if the airline is registered in Lithuania) or the European Consumer Center (if the airline is registered in another EU Member State) in writing together with the available evidence.

Can I get compensation if my bus is late to arrive to the destination?

When traveling by bus (more than 250 km and where the point of embarkation or disembarkation is in the territory of a Member State), where the carrier cancels or delays more than 120 minutes or sells more tickets than available, passengers shall be entitled to a refund and, if need to return to the starting point of the route free of charge or, at the first opportunity, to travel to the destination free of charge under similar conditions. If the passenger chooses to refund the amount paid for the ticket, this payment must be made by the carrier within 14 days of the date of submission of the offer or receipt of the request.

In the event that the carrier does not offer the above mentioned alternatives, the passenger, together with the right to a refund, is also entitled to a 50% compensation equal to the ticket price, which must be paid within one month from the date of submission of the request for compensation.

Also, if the scheduled bus journey (more than 250 km) lasted more than 3 hours and the departure was delayed by more than 90 minutes or the journey was canceled altogether, the passenger is entitled to meals and refreshments (in proportion to the waiting or delay time) and accommodation in case the passenger is forced to stay overnight. It should be noted that the passenger is entitled to accommodation for a maximum of 2 nights and a maximum of 80 EUR per night. Please note that carriers are not obliged to cover accommodation costs in the event of delays due to difficult weather conditions or natural disasters.

My train was late, can I get refund for the ticket and maybe I can get compensation?

If the passenger reasonably believes that due to a train delay the final destination will be reached later than one hour, the passenger has the right to choose immediately:

1) recover the full ticket price (under the same conditions as it was paid);

2) choose to travel on another journey or route, under similar conditions and at the earliest opportunity;

3) to travel on another journey or route under similar conditions at a later date convenient for the passenger.

It is important to mention that without losing the right to transport, a passenger can also claim compensation from the railway company for a delay if the ticket has not been refunded due to a train delay. The minimum compensation is 25% of ticket prices when the delay is between 60 to 119 minutes and 50 % when the delay is 120 minutes or more. Refunds or compensation to the passenger must be paid within one month of the passenger's request to the carrier.

Among other things, in the event of a train delay of more than an hour, passengers must also be offered free meals and refreshments (depending on the waiting time and if they are on the train or at the station); where physically possible, a hotel or other accommodation and transport from the station to the accommodation must be offered; and if the train is stopped on route, transport from the train to the railway station, an alternative point of departure or to the final point of arrival must be offered if physically possible. If the passenger has suffered additional losses due to a train delay, he is also entitled to claim compensation from the carrier, but in this case it is important to substantiate the additional losses incurred with specific evidence.

The ferry was two hours late, will I get money for my ticket back?

When a passenger ferry service is canceled or departure from a port terminal is delayed for more than 90 minutes, the passenger has the right to choose - to return to the final destination under similar conditions or to recover the ticket and, where appropriate, free return service to the original place of departure. It should be noted that if the passenger chooses to get a refund for the ticket, payment must be made within 7 days.

If the passenger reaches his final destination later than stipulated in the contract of carriage, he is also entitled to claim compensation. The minimum compensation is 25% of ticket prices if delayed by 1 hour (when the trip lasts 4 hours); 2 hours (when the trip lasts 4 hours but does not exceed 8 hours); 3 hours (when the trip lasts longer than 8 hours but does not exceed 24 hours); 6 hours (when the trip lasts longer than 24 hours). When the delay is twice the above mentioned time (for example, a delay of 2 hours for a journey of 4 hours), 50% will be reimbursed of ticket prices. Compensation must be paid within a month.

The passenger is also entitled to assistance. Where the carrier anticipates that the service will be canceled or delayed for more than 90 minutes, passengers must be offered free of charge: snacks, meals or refreshments (if any and depending on waiting times); accommodation on board or ashore and transport. It should be noted that the cost of overnight accommodation on land does not exceed 80 EUR per night and is reimbursed for a maximum of 3 nights.

What should I do if I do not agree that the car was damaged during the rental period?

Financial services

Where to apply for the quality of financial services?

According to the Article 22 of the Law on Consumer Rights Protection, disputes between consumers and financial institutions are examined by the Bank of Lithuania in accordance with alternative dispute resolution procedure. The Article 47 of the Law on the Bank of Lithuania states that the Bank of Lithuania examines consumer disputes with providers of insurance, financial services and / or ancillary investment services arising from the provision of financial and / or ancillary investment services, as well as from insurance services contracts or related to if the law of the Republic of Lithuania is applicable to such a contract.

If you are dissatisfied with insurance, loans, investment or other financial services, or you doubt that the services are provided in accordance with the terms of the contract, you should first contact the financial service provider in writing, stating the circumstances of the dispute and your claim. If the dispute with the financial service provider cannot be resolved amicably, or if the service provider does not respond within 14 calendar days, you have the right to apply to the Bank of Lithuania. You can find the application procedure at the link: http://www.lb.lt/gincai

Postal and communication services

Where to apply for poor quality internet, television, mobile or postal services?

According to the Article 22 of the Law on Consumer Rights Protection, disputes between consumers and providers of electronic communications services or postal service providers regarding the relations regulated by the Law on Electronic Communications and the Postal Law shall be examined by the Communications Regulatory Authority of the Republic of Lithuania.

If you are not satisfied with the quality of the above services or you doubt that the services are provided in accordance with the terms of the contract, you should first contact the service provider with whom you have signed a service contract. In the application, you must clearly state the essential elements of the application, explain what you specifically want. If the dispute with the service provider cannot be resolved amicably, or if the service provider does not respond within 14 calendar days, you have the right to apply to the Communications Regulatory Authority of the Republic of Lithuania. You can find the application procedure at https://www.rrt.lt/.

Construction services

What to do if window / door installation services have been provided of poor quality?

If the user has been provided with installation services of inadequate quality, the provisions of Article 6.678 (1) of the Civil Code should be followed, which states that in the event of the discovery of defects during the acceptance of the results of work or during the use thereof, the customer shall within the periods established in Article 6.666 of this Code (where no warranty period has been set, defects in the result of the work must be identified within a reasonable time, but not longer than two years from the transfer of the result of the work, unless otherwise provided by law or the contract) present at his choice one of the requirements stipulated in Article 6.665 of this Code (remedy the defects free of charge within a reasonable time, reduce the cost of the works accordingly or reimburse the costs of remedying the defects, if the customer's right to remedy the defects was provided for in the contract, etc.), or require repeated fulfilment of the work without compensation, or claim compensation for expenses incurred by him for the elimination of the defects.

In this case, the consumer should contact the service provider in writing and set out the requirement of his choice. If the consumer is not provided with an answer within 14 calendar days from the written request to the service provider, or the consumer is not satisfied with the received answer, the consumer has the right to apply to the State Consumer Protection Authority for alternative dispute resolution procedure between consumers and sellers or service providers.

Chemical cleaning

What should I do if my coat was lost during the dry cleaning?

In this case, the provision of the Civil Code states that the damage caused to a person or property must be fully compensated by the responsible person. The consumer should substantiate the amount of the loss incurred by providing a document purchasing the coat or other document proving the value of the goods and setting out his claim to the service provider in writing. The Service Provider must examine the consumer's request free of charge and, if he does not agree with the consumer's request, must provide the consumer with a detailed and reasoned written response based on documents no later than 14 days from the date of receipt of the consumer's request. The consumer, disagreeing with the service provider's response, has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution procedure.

Beauty and health services

What to do if beauty services was poor quality?

In this case, you should first contact the service provider in writing and state your claim. A consumer who has been provided with a low-quality beauty procedure (service) may exercise the buyer's rights established in the Article 6.363 (7) of the Civil Code and, at his/her option, require the service provider to: 1) eliminate defects in the service free of charge; 2) to replace a service of inappropriate quality with a service of appropriate quality free of charge; 3) reduce the price accordingly; 4) unilaterally terminate the contract and demand a refund of the price paid.

If you have suffered damage to your health as a result of poor service, you are also entitled to claim damages, which must be substantiated by evidence (eg a doctor's prescription, prescription, medication payment document, etc.).

If the service provider does not provide a response to the consumer within 14 days from the date of receipt of the consumer's request, or does not agree to satisfy the consumer's request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution procedure.

IMPORTANT! Capture the results of poorly provided services (e.g., pre- and post-service photos, footage, etc.). This will make it easier to substantiate the fact of a poor service. Consumers have the right to apply to the National Center for Public Health under the Ministry of Health to assess whether the activities performed by beauty service providers comply with hygiene and other mandatory requirements established by legal acts.

How to distinguish beauty services from personal health care services?

Specialists of the State Health Care Accreditation Agency under the Ministry of Health warn that that only beauty, but in no way personal health care (treatment) services may be provided in a beauty salon. Personal health care (treatment) services may be provided only by personal health care specialists licensed for personal health care activities (according to the relevant professional qualification) in personal health care institutions licensed to engage in personal health care activities. Beauty services require a permit-hygiene passport.

In practice, however, there are certain situations where procedures performed in a beauty salon can be seen not only as beauty services but also as personal health care services. This situation may arise if these services comply with the definition of a personal health care service established in the Civil Code of the Republic of Lithuania. This definition defines "personal health care services" as activities, including examination and counselling directly relating to an individual, undertaken for the purpose of treating the individual, preventing him from falling ill or assessing the condition of his health..

Thus, in the event that a service is delivered as a treatment for certain diseases or during the performance of a beauty procedure, medication, treatment equipment, or any other medical procedure is used by a healthcare professional to diagnose, treat, or correct the function of organs and their systems , medical devices act on a patient’s tissues and / or organs with or without tissue and / or organ integrity (invasive and / or interventional procedure), such a service should be considered as a personal health care (treatment) service and should not be provided in beauty salon.

Relevant information on the validity, suspension or revocation of licenses held by institutions and health care professionals is published in the link “Licenses” of the website www.vaspvt.gov.lt of the State Health Care Accreditation Agency under the Ministry of Health www.vaspvt.gov.lt, where it is possible to check and find accurate information on whether a particular natural or legal person is entitled to provide certain health care services.

Energy and water service

Where to apply for an incorrectly calculated energy tax?

A consumer who considers that an energy company has incorrectly calculated a charge for the services provided, must, in particular, contact the energy company in writing and state his requirements. The consumer must contact the company no later than three months from the day on which he became aware or should have become aware of the infringement of his rights or legitimate interests.

The energy company must examine the consumer's request no later than 30 days from the date of receipt of the consumer's request and provide the consumer with a detailed reasoned written response based on documents, copies of which must be attached to the response.

If the company does not meet the consumer's requirements or meets them in part, the consumer has the right to apply to the National Energy Regulatory Council for alternative (non-judicial) dispute resolution procedure: https://www.regula.lt/Puslapiai/default.aspx

Nonfood products safety

What to do if you suspect that a purchased non-food product is unsafe

In case of suspicion that the purchased non-food product is unsafe, the State Consumer Rights Protection Authority should be contacted immediately, indicating where, when and what non-food product was purchased, what dangers were observed and, preferably, photos of the product, packaging and labeling. In response to the information provided, the State Consumer Rights Protection Authority will carry out an inspection at the designated company and apply administrative or market restrictive measures if violations are identified.

In addition, we would like to note that information on unsafe non-food products detected in Europe can be found in the Rapid Alert System (RAPEX) at

https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/, as well as in the State Consumer Protection Authority website www.vvtat.lt.

Where to apply for unsafe medical devices?

In case of suspicion that a medical device on the market is safe, consumers may consult the State Health Care Accreditation Agency under the Ministry of Health (hereinafter - the Accreditation Agency) at Juozapavičiaus g. 9, Vilnius, LT - 09311, or tel. (85) 2615177, el. email [email protected].

The Accreditation Agency provides more information on the requirements applicable to medical devices in the section “Medical devices (according to EU directives)” on its website www.vaspvt.gov.lt. In addition, this site publishes information on unsafe medical devices found on the market. You can find this information at the link: http://www.vaspvt.gov.lt/node/115

I would like to perform non-food product testing in a Lithuanian accredited laboratory. Where can I find a list of accredited laboratories in Lithuania?

Conformity assessment bodies assess the conformity of products, processes or services placed on the market with the established requirements, so it is important to ensure that they are competent to perform these functions. Accredited conformity assessment bodies must have the necessary technical expertise and organize their activities in accordance with the principles of impartiality, objectivity and transparency. Accreditation granted by a national accreditation body that has reached the status of a signatory to the Multilateral Recognition Agreements of the European co-operation for Accreditation means that the organization is competent to perform the conformity assessment procedures for which it is accredited. Product testing by reliable and independent conformity assessment bodies (laboratories) reduces the risk of product defects or possible recalls.

The strategic objective of the National Accreditation Bureau (hereinafter - the Bureau) is to ensure that the activities of accredited conformity assessment bodies - certification and inspection bodies, testing and calibration laboratories - are recognized at international level. The mission of the Bureau is to perform the functions of a national accreditation body in Lithuania. The Bureau responsible for accreditation of testing, calibration laboratories, certification bodies for products, personnel, quality and environmental management systems, inspection bodies, EMAS; to assess CABs to be notified by the Governmental authorities. Also Bureau is designated as GLP inspection and verification authority. All information about laboratories accredited in Lithuania (their accreditation area) can be found on the website of the National Accreditation Bureau at http://db.nab.lt/ais/accreditation.

Nonfood product labeling

What does CE marking mean?

The CE marking of a product has several meanings:

that the product complies with the essential requirements of European standards for health, safety, environmental protection and is lawfully placed on the market in that country;
free movement of the product in the European Free Trade Association and the European Union single market;
the possibility for customs and national market surveillance authorities to withdraw non-compliant products from the market.

It should be noted that the CE marking is affixed only to those goods whose marking is prescribed by law.

Can the seller sell the product without instructions in Lithuanian language?

No. According to the Article 5 of the Law on Consumer Rights Protection, a manufacturer, seller or service provider must provide consumers with the information specified in the Civil Code and other legal acts in the state language and label goods in accordance with the procedure established by legal acts. The Article 6.228 (6) of the Civil Code states that before concluding a consumer contract, the trader must provide the consumer with the necessary, correct, complete and non-misleading information in a clear and comprehensible manner, and paragraph 4 states that the that the burden of proving that the information has been provided to the consumer under this Article lies with the trader. The trader who fails to fulfill or improperly fulfills the obligation to provide information to the consumer must compensate the consumer for the losses incurred as a result. According to the information provided, the goods must be sold in Lithuania with instructions in Lithuanian language.

Unfair commercial practices

Can a commercial entity when announcing a promotion apply a discount on a product not from the regular (permanent) price of the product, but from a higher price that was raised a few days ago?

Price regulation in the free market is exceptional, so in the absence of regulation of specific goods or services, sellers or service providers are free to set a lower or higher price for a good or service, but consumers cannot be misled. Therefore, if there are reasonable suspicions that a trader may engage in fraudulent activity and mislead consumers, we kindly ask to submit to the State Consumer Rights Protection Authority a signed request and attach evidence to substantiate the suspicions in the request (photo of the product price before the promotion, price of the product during the campaign, current photo of the product price, etc.), indicate the exact dates when it was all recorded, indicate the name and address of the store.

The signed application should be submitted to the State Consumer Rights Protection Authority at Vilniaus st. 25, LT-01402 Vilnius or by e-mail [email protected] (signed and scanned). Upon receipt of the consumer's request, the State Consumer Rights Protection Auhority will initiate a preliminary investigation, during which it will be investigated whether there are any signs of unfair commercial practices in the company's activities. You can find a sample application form at the link: http://vvtat.lt/vārtojams/kaip-p itsti-prasyma/431

Where to apply for compensation for non-pecuniary (moral) damage caused by fraudulent actions of a commercial entity?

The Article 6.250 of the Civil Code states that the determination of the amount of non-pecuniary damage and compensation for it is the exclusive right of the court. According to the said article, Non-pecuniary damage shall be deemed to be a person’s suffering, emotional experiences, inconveniences, mental shock, emotional depression, humiliation, deterioration of reputation, diminution of possibilities to associate with others, etc., evaluated by a court in terms of money.

Non-pecuniary damage shall be compensated only in cases provided for by laws. The court in assessing the amount of non-pecuniary damage shall take into consideration the consequences of such damage sustained, the gravity of the fault of the person by whom the damage is caused, his financial status, the amount of pecuniary damage sustained by the aggrieved person, also any other circumstances of importance for the case, likewise to the criteria of good faith, justice and reasonableness.

Thus, as mentioned above, if you believe that you have suffered non-pecuniary (moral) damage as a result of the actions of a commercial entity, you have the right to apply to a court for compensation for non-pecuniary damage.

What to do if the store does not apply the announced discount or the price of the product in the price list differs from the price at the checkout?

The seller must properly inform the consumer of the price of the goods and sell the goods at the price which was published. If the product has been sold at a price other than that indicated or the advertised discount has not been applied, the consumer should record the indicated product price / advertisement and contact the seller immediately with a purchase receipt stating his claim (e.g. refunding the overpayment). If the seller refuses to satisfy the consumer's request, it is proposed to consumer to submit his request in writing and to notify the State Consumer Rights Protection Authority about the observed discrepancies in the price indication, indicating the place of sale, price / advertisement and other relevant information about possible unfair commercial practices.

Other

What to do if the product is accidentally broken / damaged in the supermarket?

The Article 6.263 of the Civil Code states that every person shall have the duty to abide by the rules of conduct so as not to cause damage to another by his actions (active actions or refrainment from acting). The Article 6.245 of the Civil Code states that Civil liability is a pecuniary obligation one party of which shall have the right to claim for compensation of damages (damage) or demand payment of the penalty (fine, interest), and the other party shall be bound to make compensation for damages (damage) arising therefrom, or pay the penalty (fine, interest), however, all the conditions for the application of civil liability must be established: unlawful acts, damage, the fault of the person who caused the damage and the causal link between the unlawful acts and the damage caused (Articles 6.246 to 6.249 of the Civil Code).

A broken product in a shopping center gives rise to non-contractual liability, which is governed by Article 6.245 (4) of the Civil Code: Non-contractual (delictual) liability is a pecuniary obligation which is not related with contractual relations, except in cases where it is established by laws that delictual liability shall also result from damage related with contractual relations.

According to Article 6.263 (2) of the Civil Code any bodily or property damage caused to another person and, in the cases established by the law, non-pecuniary damage must be fully compensated by the liable person. In cases established by laws, a person shall also be liable to compensation for damage caused by the actions of another person or by the action of things in his custody.

So, if the goods crashed through the fault of the buyer, the buyer has to pay for it. The amount of compensation for such loss is determined by the amount of damage, i.e. the seller should present an invoice for the purchase of the goods and prove the exact amount of the loss. If a party cannot prove the exact amount of damages, the amount is determined by the Court (Article 6.249 of the Civil Code).

It should be noted that the seller must ensure that the goods are placed correctly and do not endanger human health. The buyer is not obliged to compensate for the damage caused by improper actions of the seller (improper arrangement of goods, etc.).

Is it forbidden to broadcast music while waiting for a call?

The law does not prohibit broadcasting music while waiting for a call to be picked up. Institutions or companies can also be contacted in another way: by e-mail, by post, in writing. If there is no other means of communication, this may be communicated to the authority to which the requested authority is subject, i.e. if a call is made to the Ministry, the Government of the Republic of Lithuania may be notified of service difficulties, if the Ministry to which the Service is located should be notified to a specific service.

If, during the call to the authority while the handset is being picked up, personal service arrangements or opening hours are indicated or it is noted that the interview is being recorded, such information cannot be considered as advertising.

Where to apply for the quality of a product or service if the seller's / service provider's company has gone bankrupt?

Information on the possible bankruptcy of the company can be found on the website of the Authority of Audit, Accounting, Property Valuation and Insolvency Management under the Ministry of Finance of the Republic of Lithuania http://www.bankrotodep.lt/, by entering the name of the company in the search box.

After filing a bankruptcy case of a company in court, laws and other legal acts do not give the State Consumer Rights Protection Authority the right to decide on the issue of protection of the rights and legitimate interests of consumers against the bankrupt company. The Article 21 of the Law on Enterprise Bankruptcy states that upon the initiation of bankruptcy proceedings in court, the creditors shall have the right to refer their claims to the administrator within the time limit fixed by the court, along with the documents substantiating the claims. Consumers have the right to submit a statement of approval of credit claims to the administrator of the bankrupt company (submitting the statement to the bankruptcy administrator it should be accompanied by a copy of the contract, purchase documents or other available documents). Please note that you will find information on the insolvency administrator appointed for the company at the link above. According to the Article 35 (4) of above mentioned Law, consumer credit claims approved in court would be satisfied in the third place.

Where to apply if the seller / service provider does not issue a proof of purchase?

If the seller or service provider refuses to issue a document confirming the purchase, the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania should be notified of the non-issuance of the receipt by phone 1882, filling in the e. questionnaire on the website https://www.vmi.lt/cms/stop-seseliui or by informing with the mobile app "Announce".

Please note that all legal claims of the consumer (return, replacement, repair of the product, indemnification of losses, etc.) are fulfilled only upon submission of a document confirming the purchase of the product / service.

Where to apply for compensation for non-pecuniary (moral) damage caused by actions of fraudulent commercial entity?

The Article 6.250 of the Civil Code states that the determination of the amount of non-pecuniary damage and compensation for it is the exclusive right of the court. Non-pecuniary damage shall be deemed to be a person’s suffering, emotional experiences, inconveniences, mental shock, emotional depression, humiliation, deterioration of reputation, diminution of possibilities to associate with others, etc., evaluated by a court in terms of money. Non-pecuniary damage shall be compensated only in cases provided for by laws. The court in assessing the amount of non-pecuniary damage shall take into consideration the consequences of such damage sustained, the gravity of the fault of the person by whom the damage is caused, his financial status, the amount of pecuniary damage sustained by the aggrieved person, also any other circumstances of importance for the case, likewise to the criteria of good faith, justice and reasonableness.

What to know when buying medical devices?

Before buying a medical device, make sure that you really need and use this medical device. It is important to be aware that even a safe, compliant medical device used for purposes other than those for which it was intended may be harmful to health. Talk to your doctor or pharmacist if you are not sure if this medicine device is appropriate for your condition. Please check that the medical device bears the mark of conformity. Make sure that the single-use package of the medical device is not damaged or has not expired. Make sure you know how to use and maintain the medical device properly and correctly. Check that all necessary information on its safe use and maintenance (instructions for use) is available in language you understand. Do not reuse single-use medical devices. They are marked with a special mark. Do not buy used medical equipment without all the necessary information on its proper use, unless you are sure that it is still safe to use. Do not use the medical device without reading the instructions for use. Do not buy medical devices from unreliable sources. Be aware that Lithuanian law prohibits the distribution of medical devices off-premises (e.g. during presentations in cafes, etc.).

Where to apply for the validity of the actions of the manager of the common use objects of an apartment building?

The Article 4.83 of the Civil Code and the Article 6 (point 42) of the Law on Local Self-Government state that the activities of management bodies of apartment and other premises owners' associations, persons authorized by a joint activity agreement and administrators of common use objects appointed by the municipal executive authority are related to the laws and other legal acts assigned to them. the performance, supervision and control of the functions are performed by the municipalities.

Advertising

What if the trader provides advertising although the consent to provide advertising has not been given to the trader??

The Article 13 of Law on Advertising states that Advertising by telephone, telefax, telex and electronic mail may be provided only with the consent of a consumer of advertising or at his request. It shall be prohibited to directly provide advertising to a specific person where this person has clearly stated his objection. Consumers who receive advertisements from a commercial entity without consent to receive such advertisements have the right to contact the State Consumer Rights Protection Authority by submitting a signed request and attaching evidence substantiating the provision of unsolicited advertisements (e-mail copy, SMS message, telephone conversation slip or etc.). You can find the application form to the State Consumer Rights Protection Authority at the following link: http://vvtat.lt/vārtojams/kaip-pateikti-prasyma/431

Can a trader provide advertising by hanging it on door handles or by placing advertising leaflets behind car wipers?

The Article 13 (1) of the Law on Advertising states that advertising by telephone, telefax, telex and electronic mail may be provided only with the consent of a consumer of advertising or at his request, and Article 13 (2) prohibits directly provide advertising to a specific person where this person has clearly stated his objection. It should be noted that the said article contains an exhaustive list of cases where the prior consent of the consumer is required for the provision of advertising and when the provision of advertising is prohibited. Therefore, advertising on the door handle of a house or behind car wipers, while undesirable, is not prohibited.

Can politicians advertise their activities if consent to obtain such advertising has not been given?

The Article 1 of the Law on Advertising stipulates that this Law does not regulate political and social advertising nor announcements which are not related to economic and commercial, financial or professional activities.

An important criterion in applying the Law on Advertising of the Republic of Lithuania is the concept of advertising and its essential features. The Article 2 (8) of the Law on Advertising defines advertising as any form and means information disseminated in any form and by any means and relating to a person’s commercial and economic, financial or professional activities, where it promotes the purchase of goods or use of services, including the purchase of immovable property and the takeover of property rights and obligations.

Thus, two essential features of advertising have been formed in laws and case law:

1) the information must relate to a person's economic, commercial, financial or professional activities,

2) the information provided must encourage the purchase of goods or use of the services provided.

It should be noted that the concept of political advertising is presented in the Republic of Lithuania Law on Funding of, and Control over Funding of Political Parties and Political Campaigns. The said law states that political advertising is information disseminated by a state politician, a political party, a member of a political party, a participant in a political campaign, on their behalf and / or interests in any form and by any means or for remuneration during or between political campaigns to influence the motivation of voters when voting in elections or referendums or the dissemination of which promotes a state politician, political party, member of a political party or participant in a political campaign, as well as their ideas, goals or program.

Given that political advertising does not have the characteristics of advertising, i. y. the information disseminated is not related to economic, commercial, financial or professional activities and does not encourage consumers to purchase goods or use the provided services, the Law on Advertising of the Republic of Lithuania is not applicable to political advertising.

The Article 13 (1) of the Law on Advertising provides that “Advertising by telephone, fax, telex, e-mail may be provided only with the consent of a consumer of advertising or at his request” and Article 13 (2) provides that “directly provide advertising to a specific person where this person has clearly stated his objection '.

Given that the concept of political advertising does not fall within the definition of advertising in the context of the Law on Advertising, the provision of political advertising to consumers by telephone, fax, telex, e-mail would not be considered a violation of the Law on Advertising, as the Law does not regulate political and social advertising and announcements not related to economic, commercial, financial or professional activities that promote the purchase of products.

Can a commercial entity use the image of a natural person (consumer) in advertising without the consumer's consent?

The Article 4 of the Law on Advertising states that advertising is prohibited if it mentions the name and surname of a natural person without his consent, presents his opinion, information about his private or public life and property and makes use of the natural person’s image.

When assessing the provisions of Article 4 of the Law on Advertising, it is important to note that the use of an illegal image in advertising should be applied for by those persons whose interests have been violated and who indicate that they have not given consent to the advertisement. Otherwise, in accordance with the Article 4 of the said law, the compliance of advertising with other general requirements (e.g. decency and ethics of advertising, requirements of the state language, etc.) is assessed.

It should also be noted that the legal protection of an image, in accordance with the Article 2.22 of the Civil Code, does not apply to the demonstration of the human body in general, but to the image of a specific, identifiable person seen in a photograph or in part of it.

Such a rule of protection of a person's right to an image has been established by the Supreme Court of Lithuania in its ruling of 9 February 2004 in civil case no. 3K-3-91/2004 noting that “the essence of the protection of the right to an image is that a photograph (part thereof), portrait or other image of a natural person may be reproduced, sold, shown, printed, and the person may be photographed only with his consent (Article 2.22 (1) of the Civil Code). A person's right to an image is violated when the person depicted in a photo taken and distributed without his or her consent is identified, i. e. recognizable’.

What is the maximum amount of advertising time allowed before a movie?

The Law on Advertising does not set a maximum duration for advertising before showing a film.

Can the advertising of cosmetic products indicate that the cosmetic product has medicinal or disease-preventing properties?

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products and Commission Regulation (EU) No 655/2013 of 10 July 2013 laying down common criteria for the justification of claims used in relation to cosmetic products were adopted.

It should be noted that the Article 20 (1) of Regulation (EC) No 1223/2009 provides that in the labelling, making available on the market and advertising of cosmetic products, text, names, trademarks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.

We would like to note that in the Article 17 of the Law on Advertising was inserted, which states that “Advertising that does not comply with provisions of Regulation (EC) No 1223/2009 on cosmetic products is prohibited'.

It should be noted that Guidelines on Commission Regulation (EU) No 655/2013 were adopted, which provides detailed information on possible/impossible use claims in the advertising of cosmetic products.

The admissibility of a claim used in the advertising of a cosmetic product shall be based on the average end-user of the cosmetic product, who shall be reasonably well informed and reasonably observant and circumspect, taking into account the social, cultural and linguistic factors of the relevant market.

It should be noted that claims used in the advertising of cosmetic products must be based on correct and product-specific information: the ingredient mentioned in the claim must be present in the product, the specific properties of the ingredient must not be related to the product, statements shall not lead to the presumption that opinions are verified statements unless those opinions are based on verifiable evidence. It should be noted that the presentation of the efficacy of the product is based only on the available supporting evidence. If a product is claimed to have therapeutic or prophylactic properties, then the product must be registered as a medicinal product or medical device.

Can the advertising of food and food supplements indicate that the food / food supplement has therapeutic or prophylactic properties?

The Article 14 of the Law on Advertising states that it is prohibited to indicate or mention the food characteristics which it does not possess, as well as healing or disease prevention characteristics and other properties, unless the provision of such information conforms to the requirements stipulated in legal acts.

It should be noted that, in accordance with Regulation (EC) No 1924/2006, nutrition claims shall only be permitted if they are listed in the Annex to that Regulation and if they comply with the conditions set out in this Regulation. It is also important to note that he Annex of Commission Regulation (EU) No 432/2012 contains validated claims that can be used if they meet the specified conditions.

What to do if I constantly receiving unwanted advertising in my mailbox?

The Article 13 (1) of the Law on Advertising stipulates that advertising by telephone, telefax, telex and electronic mail may be provided only with the consent of a consumer of advertising or at his request, and it is prohibited to directly provide advertising to a specific person where this person has clearly stated his objection. Consumers who receive commercial advertisements in their mailboxes that they do not wish to receive should have a clearly visible sticker with the words "I do not want to receive advertisements" on their mailboxes. If the advertisement is continued to be sent to the mailbox on which such a sticker is affixed, consumers have the right to apply to the State Consumer Rights Protection Authority by submitting a signed application and attaching evidence justifying the provision of unsolicited advertising (copy of a distributed advertisement (leaflet, etc.) ). You can find the application form at the State Consumer Rights Protection Authority website at the following link: http://vvtat.lt/vārtojams/kaip-pateikti-prasyma/431

How and where to apply for misleading advertising?

The Article 5 (1) of the Law on Advertising prohibits misleading advertising. In the event of potentially misleading advertising, you should contact the State Consumer Rights Protection Authority by submitting a signed request, stating a clear request and attaching evidence substantiating the circumstances specified in the request (a copy of the advertisement). You can find the application form at the State Consumer Rights Protection Authority website at the following link: http://vvtat.lt/vārtojams/kaip-pateikti-prasyma/431

How and where to apply if you notice prohibited alcohol advertising?

The Article 28 of the Law on Alcohol Control states that companies, European legal entities and their branches in the Republic of Lithuania are prohibited from announcing price reductions and organizing campaigns for alcohol. The supervision of the Law on Alcohol Control of the Republic of Lithuania is implemented in accordance with its competence and consumer complaints related to alcohol advertising are examined by the Drugs, Tobacco and Alcohol Control Department. Thus, in the event of prohibited alcohol advertising, you should contact the Drug, Tobacco and Alcohol Control Department with a signed request, a clear request, and supporting evidence (a copy of the ad).

Where can I apply for potentially discriminatory advertising?

The Article 8 (2) of the Law on Equal Opportunities states that in the implementation of equal opportunities, a seller, producer or service provider, regardless of gender, race, nationality, language, origin, social status, religion, belief or opinion, age, sexual orientation, disability, ethnic origin dependencies, religions, must ensure, when providing consumers with information on advertising products, goods and services, that such information does not discriminate, despise or restrict rights or confer privileges on sex, race, nationality, language, origin, social status, religion, belief or religion; or on the basis of attitudes, age, sexual orientation, disability, ethnicity, religion, and would not form public attitudes that a person is superior or inferior to another because of these characteristics. The Article 14 of the Law on Equal Opportunities stipulates that the Equal Opportunities Ombudsperson supervises the implementation of the said law.

Does the advertising need to be recognizable?

The Article 8 (1) of the Law on Advertising states that surreptitious advertising is prohibited. Paragraph 2 of that article states that advertising must be clearly identifiable according to its form of presentation. Where there exists the likelihood that due to the form of presentation, consumers of advertising may not identify the advertising disseminated in the media, such advertising must be marked with the word ‘advertisement’.

What are the requirements for advertising that affects children?

The Article 7 of the Law on Advertising states that prohibitions and limitations with respect to the use of advertising causing harmful effects on children shall be stipulated in paragraph 2 of this Article and by the Law of the Republic of Lithuania on the Protection of Minors against the Detrimental Effect of Public Information. Advertising is prohibited to have harmful moral and physical effects on children: abuse of children's trust in parents, guardians, teachers or other adults; to form the opinion of children that linking consumption of certain goods or services with the enhancement of their physical, psychological or social advantage over peers or other persons; unreasonably showing the children in situations which pose danger to their health and life.

Is it forbidden to broadcast music while waiting for a call?

Alternative dispute resolution procedure

Is alternative dispute resolution between consumer and trade is free of chargeas?

According to the Article 22 of the Law on Consumer Rights Protection, consumer dispute resolution bodies hear consumer disputes free of charge. Thus, disputes are heard free of charge.

Is it necessary to contact the seller / service provider in writing before contacting a consumer dispute resolution body?

If the trader has infringed the consumer's rights and legitimate interests and refuses to comply with the consumer's claim, in accordance with the provisions of the Article 21 (1) of the Law on Consumer Rights Protection, the consumer must first contact the trader in writing and state his claims.

Please note that the Consumer Disputes Authority refuses to deal with a dispute if the consumer does not provide proof that he/her has contacted the seller or service provider.

What do I have to provide when applying to dispute resolution body?

The consumer must provide the consumer dispute resolution body with:

1) a request to examine a consumer dispute;

2) a copy of the seller's or service provider's response to the consumer's request, and if the seller's or service provider's response has not been received within the specified term, a copy of the consumer's request to the seller or service provider;

3) a copy of the consumer contract which is the subject of the dispute, if the contract is entered into in writing;

4) copies of documents confirming the circumstances set out in the application;

5) a power of attorney in simple written form, if the consumer is represented by a representative. If the consumer is represented by a consumer association of which he is a member, a document confirming the consumer's membership in the consumer association shall be submitted instead of the power of attorney;

6) if the consumer is represented by a consumer association, copies of documents confirming that the consumer association is registered in the Register of Legal Entities and that the purpose of its activities specified in its founding documents is to represent and defend consumer rights and legitimate interests.

How long does it take to resolve a consumer dispute in a consumer dispute resolution authority?

The Article 22(5) of the Law on Consumer Rights Protection states that consumer dispute shall be considered and decision on the merits of the dispute shall be made no later than within 90 days from the day when the body for out-of-court settlement of consumer disputes received the documents specified in Article 23(3) of this Law. If the consumer dispute cannot be examined and decided upon due to the grounded reasons, the body for out-of-court settlement of consumer disputes may extend this term for 30 days at the most. The parties of the dispute shall be informed about such extension of the term.

Where to apply for the quality of financial services?

According to the Article 22 of the Law on Consumer Rights Protection, the Bank of Lithuania, which shall consider consumer disputes regarding financial services in accordance with the out-of-court procedure. The Article 47 of the Law on the Bank of Lithuania states that the Bank of Lithuania shall hear consumer disputes with providers of insurance, financial services and / or ancillary investment services arising from the provision of financial and / or ancillary investment services, as well as from insurance services contracts or related to if the law of the Republic of Lithuania is applicable to such a contract.

Where to apply for poor quality internet, television, mobile or postal services?

According to the Article 22 of the Law on Consumer Rights Protection, disputes between consumers and providers of electronic communications services or postal service providers regarding the relations regulated by the Law on Electronic Communications and the Law on Postal Services shall be investigated by the Communications Regulatory Authority of the Republic of Lithuania.

If you are not satisfied with the quality of the above services or you doubt that the services are provided in accordance with the terms of the contract, you should first contact the service provider with whom you have signed a service contract. In the request you must clearly state the essential elements of the request, explain what you specifically want. If the dispute with the service provider cannot be resolved amicably, or if the service provider does not respond within 14 calendar days, you have the right to apply to the Communications Regulatory Authority of the Republic of Lithuania. You can find the application procedure at https://www.rrt.lt/.

Where to go for an incorrectly calculated energy tax?

A consumer who considers that an energy company has incorrectly calculated a charge for the services provided must, in particular, contact the energy company in writing and state his requirements. The consumer must contact the company no later than three months from the day on which he became aware or should have become aware of the infringement of his rights or legitimate interests.

The energy company must examine the energy consumer's request no later than 30 days from the date of receipt of the energy consumer's request and provide the energy consumer with a detailed reasoned written response based on documents, copies which must be attached to the response.

Update date: 2024-02-29