- The trading rules of the website www.valgusfestival.eu (hereinafter – the Rules) establish the procedure for remote acquisition of goods (conclusion of a purchase and sale agreement) via the online digital platform, mutual rights and responsibilities of the buyer and seller, delivery and return of goods, ways of resolving claims. These Rules apply to the legal relationship of purchase and sale for each case of distance purchase of goods.
- Terms used in these Rules:
- Seller – JSC Pakruojo Parkai, legal entity code 302249117, registered office address Gurelių k. 11, Gurelių k., Šalčininkų r. Vilnius, contact information: tel. +370 686 65085 , el. E-mail: firstname.lastname@example.org .
- Buyer – a legal person or an able-bodied natural person (a person who has reached the age of majority, whose capacity is not restricted by court order; the minor is emancipated).
- Parties – Buyer and Seller together.
- Country – Buyer or Seller separately.
- Account – digital registration of the Buyer’s personal data in the Online Store for the purpose of identifying the Buyer, concluding the Agreement and executing it by the Parties. The Account may be temporary when the Buyer’s identification is used to conclude a one-time purchase-purchase transaction, or permanent – when the Buyer’s identification data is used to conclude an unlimited transaction until the Account is canceled at the initiative of one of the Parties.
- The Agreement is a contract for the purchase and sale of goods concluded between the Buyer and the Seller using the means of remote communication – the digital platform of the website, when the Buyer and the goods purchased by him are identified and the Agreement is concluded by digital means of personal identification and authorization.
- Order – the selection of the Buyer’s goods in the Online Store for the purpose of purchasing them (paying and receiving them in the chosen way). In the online store, the Order is created by the Buyer in the “Buyer’s basket” section.
Conclusion of the contract
- The contract consists of two parts: (1) the general terms of the contract – the rules that set out the standard terms of the contract, and (2) the special terms of the contract – the order that specifies the standard terms of the contract for the supply and sale of specific goods. All issues not specified in the Order shall be resolved in accordance with the provisions of the Rules.
- Taking into account Article 5 of the Law on Electronic Identification and Reliability Assurance Services for Electronic Transactions of the Republic of Lithuania. the Parties acknowledge that the actions of the Buyer performed by electronic means in the Online Store: (1) creation of the Account, including the login details of the Account (identification code), and (2) submission of the Order; has an electronic signature that does not meet the requirements for a qualified electronic signature has the legal force equivalent to a written signature. The contract shall be deemed to have been concluded by the parties to the contract by electronic means when the following conditions are met:
- The Buyer confirms that he has read the Rules and agrees with them by checking the “I have read the Rules and I agree with them” box in the dialog box.
- The Buyer forms the Order and submits it for execution, – (1) upon payment for the goods in the chosen manner, or (2) at the e-mail address specified in the Account upon receipt of the notice of acceptance of the Order and the obligation to pay for the ordered goods within the specified time.
- When creating an Account (temporary or permanent), the Buyer is fully responsible for the accuracy of the personal data and other information provided. The account uses technical tools to detect and correct input errors – spell check, public data verification with publicly available records (mailing address, phone number structure, taxpayer number, etc.).
- The award procedure will not be completed and the contract will not be awarded in one of the following cases:
- When creating an Account, the Buyer does not fill in all the required fields.
- The buyer does not complete the order formation: does not choose the delivery method and / or the payment method or submits the order without paying it.
- Upon receipt of the Order confirmation by e-mail, the prepayment invoice will not be paid at the specified time or at the time of delivery of the goods.
- The concluded Agreement (submitted and confirmed Order) and its execution (payment and delivery data) are stored in the Seller’s Online Store in digital form during the statutory storage period and may be available to the Buyer in the permanent Account until its expiration or information may be provided to the Buyer in accordance with request in electronic form.
Buyer ‘s rights and obligations
- The Buyer has the right to purchase goods in the Online Store in accordance with the established Rules and the legal acts of the Republic of Lithuania.
- Before starting the purchase, the Buyer must confirm in the Account that he is a person who has reached the age of majority (18 years) and whose capacity is not restricted by court order. If the Buyer is a minor between the ages of fourteen and eighteen, he must give the consent of one of the parents or guardian to purchase the goods in the Online Store in accordance with the established procedure, except in cases when the minor is emancipated.
- The Buyer undertakes to pay the agreed price for the goods and their delivery within the term specified in the rules and to accept the ordered goods in accordance with the procedure established by these Rules.
- The Buyer undertakes not to pass on his / her login details to the Account to third parties. If the Buyer loses the Account login data, he must immediately inform the Seller about it by the means of communication specified in the “Contacts” section.
- If the data provided in the Buyer’s Account changes, the Buyer must update them before concluding the next Order. If the Buyer provides inaccurate personal data or an incorrect delivery address of the Goods, he undertakes to pay all the resulting delivery or other additional costs of the Seller.
- The Buyer must act honestly and lawfully, comply with these Rules and not violate the legal acts of the Republic of Lithuania.
- If the Buyer does not use the service indicated on the ticket, i.e. y. do not attend the event, tickets will not be exchanged and / or will not be refunded. If the buyer has lost, destroyed or stolen the tickets, the tickets will not be refunded.
Rights and obligations of the seller
- The Seller undertakes to ensure the Buyer’s proper use of the Online Store. The Seller does not provide any guarantee that the Online Store will operate smoothly and uninterruptedly in all cases, or that the transmission of data by electronic means will take place without possible technical errors. The Seller shall not be liable for any losses incurred by the Buyer due to malfunctions of the Online Store and / or data transmission errors due to the malfunction of the Buyer’s or third party’s equipment or communication networks.
- The Seller undertakes to deliver the goods ordered by the Buyer by the delivery method specified in the Order in accordance with the terms of the Rules.
- If the Buyer attempts to compromise the stable operation, security of the Online Store or violates its obligations, the Seller has the right to immediately and without prior notice restrict, suspend or terminate the Buyer’s access to the Online Store and is not liable for any related losses of the Buyer.
- The Seller has the right to cancel his Order without prior notice to the Buyer if the Buyer fails to pay for the goods at the time and in the manner specified in the Order and the prepayment invoice.
- The Seller has the right to temporarily or indefinitely terminate the operation of the Online Store without separate notice and shall not be liable for any related losses of the Buyer, unless the Buyer has submitted the Order before the date of suspension of the operation of the Online Store. All obligations assumed by the Parties prior to the suspension of the Online Store shall be fulfilled in full by the Parties, unless otherwise agreed.
- The Seller reserves the right to unilaterally change or supplement these Rules at any time. The Rules in force at the time of placing the Order shall apply to the Buyer’s Order.
- The Buyer is responsible for the correctness and accuracy of the data provided in the Account, therefore the Buyer assumes responsibility for the consequences arising from the inaccuracy or inaccuracy of the data provided in the Account.
- The Seller is not responsible for the information or services provided on other websites, even if the Buyer accesses these websites through active links in the Seller’s Online Store.
- All actions performed in the Online Store using the Buyer’s Account Identification Code shall be deemed performed by the Buyer, and the Buyer assumes full responsibility for the legal consequences of such actions.
- The Buyer must keep his / her Account login details and not disclose or otherwise make them available to third parties. If the Buyer loses control of access to the Account data management or a violation of the management of this data is detected, he must immediately notify the Seller and take other measures to block the use of the Account.
- In the event of damage due to improper use or provision of the services provided by the Online Store, the guilty Party shall indemnify the other party for the direct damages incurred due to its fault.
- The Seller sends all notifications to the e-mail address provided in the Buyer’s Account, and SMS to the contact telephone number specified in the Order.
- The Buyer shall send all notices and inquiries in the “Contacts” section of the Seller’s Online Store to the e-mail address, contact by telephone or the specified means of communication.
- These Rules have been drawn up in accordance with the legal acts of the Republic of Lithuania and the law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.
- After the Buyer has read and approved the Rules during the first registration (Account creation), the Rules shall apply to all orders of the Buyer until the date of publication of the updated Rules. After updating the Rules, they shall be applied in accordance with the procedure established in this clause from their publication on www.valgusfetival.eu .
- If necessary or in the circumstances provided for in the legal acts of the Republic of Lithuania, the Seller has the right to change, amend or supplement the Rules. The new version of the Rules is published on the website of the Online Store www.valgusfestival.eu . at least 5 (five) working days before its entry into force.
- The Buyer will be informed about the entry into force of the new version of the Rules by logging in to the Account for the first time after the entry into force of the new version of the Rules.
- All disputes arising out of the application of these rules shall be settled by negotiation. If no agreement is reached, disputes shall be settled in accordance with the laws of the Republic of Lithuania.
- The Buyer must submit his request and (or) complaint regarding the deficiencies of the Seller’s activities and provided services to the Seller first of all by the contacts indicated in the Online Store: by e-mail – email@example.com or at the address: Gurelių k. 11, Gurelių k., Šalčininkų r. Vilnius
- The Seller undertakes to provide a response to the submitted request or complaint within 14 (fourteen) working days and to submit it to the Buyer by receiving the request or complaint and the contacts specified therein.
- The Buyer, disagreeing with the Seller’s response, may apply to the State Consumer Rights Protection Service by filling in the complaint form on the website www.vvtat.lt or by filling in the application form on the Electronic Consumer Dispute Resolution Platform at https://ec.europa.eu/odr/ .
- These Rules shall enter into force on 2021. On September 15, after publishing them on the website of the Online Store www.valgusfestival.eu .