Lazerinės klinikos dovanų kuponai

TERMS AND CONDITIONS OF SALE OF GOODS

1. GENERAL PROVISIONS

1.1. These terms and conditions for the purchase and sale of goods/services, together with other documents referred to herein (hereinafter – the Terms and Conditions), constitute a legally binding document for the Parties, which establishes the rights, obligations and liability of the Buyer and the Seller when the Buyer purchases Goods in the online store www.lazerineklinika.lt (hereinafter – the Online Store). In accordance with the procedure established in these Terms and Conditions, the Seller undertakes to transfer the goods/services to the Buyer, and the Buyer undertakes to accept the ordered services and pay for them in accordance with the procedure set out herein.

1.2. By using the Online Store and ordering Services therein, as well as by creating an Account, you confirm that you have familiarised yourself with these Terms and Conditions and the rights and obligations of the Buyer set out herein, and that you agree to comply with them unconditionally and irrevocably. If the Buyer does not agree to assume and comply with all obligations set out in these Terms and Conditions, the Buyer shall not be entitled to use the Online Store, register an Account or purchase Goods/Services therein.

1.3. Capitalised terms used in these Terms and Conditions shall have the meanings set out below:

  • Terms and Conditions – these Terms and Conditions published in the Online Store constitute a legally binding document for the Parties, establishing the terms of use of the Online Store and the terms and conditions for the purchase and sale of Goods offered therein, as well as the rights, obligations and liability of the Parties for breaches of these Terms and Conditions.
  • Goods – services and items offered for purchase or sold to the Buyer through the Online Store administered by the Seller.
  • Seller – UAB “ELDK”, legal entity code 301738710, which sells the Goods and administers and maintains the Online Store, with the store address at M. Valančiaus g. 7–57, LT-03158 Vilnius, Lithuania. Data about the Seller are collected and stored in the Register of Legal Entities, maintained by the State Enterprise Centre of Registers. The Seller’s VAT identification number is LT100004136315. More information about the Seller is provided in the Online Store sections About ERA ESTHETIC | ERA ESTHETIC and Contacts – ERA ESTHETIC Laser Dermatology Clinic.
  • Buyer – a natural person who uses the Online Store and purchases Goods therein for purposes unrelated to their business, trade, craft or profession (consumer purposes).
  • Account – the result of the Buyer’s registration in the Online Store, whereby a personal Buyer account is created that stores their personal data and order history.
  • Personal Data – any information collected by the Seller about the Buyer or their representative (a natural person), as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
  • Parties – the Seller and the Buyer.

1.4. A purchase and sale agreement regarding the purchase of a specific Good shall be deemed concluded from the moment when the Buyer, having formed a shopping cart in the Online Store, specified the delivery address or logged in to the Account, selected a payment method, confirmed that they have familiarised themselves with these Terms and Conditions, confirms the order of the Goods and pays for it in accordance with the procedure established herein.

1.5. The Seller processes the Buyer’s Personal Data in accordance with the Privacy Policy. The Privacy Policy contains important provisions relating to these Terms and Conditions; therefore, the Buyer is advised to read it carefully and ensure that all provisions of the Privacy Policy are clear and acceptable. The Privacy Policy is available in the Online Store section Privacy Policy | ERA ESTHETIC.

1.6. These Terms and Conditions have been prepared in accordance with the Civil Code of the Republic of Lithuania (Official Gazette, 2000, No. 74-2262), the Law on Consumer Protection of the Republic of Lithuania (Official Gazette, 1994, No. 94-1833; 2000, No. 85-2581; 2007, No. 12-488), and the Retail Trade Rules approved by Resolution No. 697 of the Government of the Republic of Lithuania of 11 June 2001 “On the Approval of the Retail Trade Rules” (Official Gazette, 2001, No. 51-1778; TAR, 28 July 2014, No. 2014-10565), as well as other legal acts of the Republic of Lithuania and established good business practice in the purchase and sale of goods. If any provision of these Terms and Conditions conflicts with the laws of the Republic of Lithuania or for any reason becomes wholly or partly invalid, this shall not affect the validity of the remaining provisions.

1.7. The Seller reserves the right to amend, correct or supplement these Terms and Conditions at any time. Buyers shall be informed about changes to the Terms and Conditions in the Online Store. Amendments shall enter into force after their publication in the Online Store. When shopping in the Online Store, the version of the Terms and Conditions valid at the time of confirmation of the Buyer’s order shall apply.

2. GOODS, PRICES, PAYMENT AND DELIVERY PROCEDURE

2.1. All information regarding a Good/Service, its price and the manufacturer’s warranty period applicable to the Good, if any, is specified in the descriptions of the Goods provided in the Online Store. Images of Goods displayed in the Online Store are for illustrative purposes only, and the colours, markings, parameters, dimensions, sizes, functions, packaging and/or any other characteristics shown therein may differ in appearance from reality due to visual characteristics. Therefore, when purchasing a Good, the Buyer should in all cases rely on the information provided in the description of the specific Good offered in the Online Store.

2.1. The price of the Good in the Online Store is indicated in euros, including the applicable VAT rate and other taxes, if applicable, and any discount applicable to the price of the Good is also indicated.

2.1. The Buyer may pay for the Good/Service using one of the payment methods offered at the time of placing the order:

  • electronic banking;
  • payment card;
  • Pay Later, which enables Online Store customers to purchase today and pay for their purchases later. Financing terms when purchasing in instalments with KLIX:
  • concluding the agreement takes only a few minutes;
  • financing is available for a Good or shopping cart value from EUR 100 to EUR 7,000;
  • purchase the Goods now and divide the order amount into equal monthly instalments;
  • make the purchase with or without an initial down payment;
  • when purchasing a Good in instalments, you immediately become the owner of the Good.

2.3. The Seller confirms the order of the Good once the Buyer has paid for it using the method specified in Clause 2.3 of these Terms and Conditions and informs the Buyer about confirmation of the order by email sent to the address specified in the Buyer’s Account.

2.4. By accepting these Terms and Conditions, the Buyer agrees that, in exceptional cases, the Seller may refuse to confirm an order or cancel and annul a confirmed order due to a technical error in the Online Store’s information systems, correction of obvious clerical errors or other objective and material reasons beyond the Seller’s control, provided that evidence supporting such reasons exists, including where the Good indicated in the description is not available in the Seller’s warehouse and delivery from the manufacturer would take a disproportionately long time, and/or the Good is no longer manufactured, and/or the price of the Good has changed. The Buyer shall be informed immediately of the termination or annulment of the order, or of any changed delivery period, price or other conditions, through the Buyer’s Account or by email to the address specified when placing the order. If delivery terms, price or other conditions change, the Seller undertakes to contact the Buyer without delay and agree on the delivery terms and other conditions. If an order is cancelled in accordance with this clause, the Seller undertakes to refund all amounts paid by the Buyer in respect of the cancelled order.

2.5. By accepting these Terms and Conditions, the Buyer agrees that purchase documents, including the VAT invoice, may be provided physically at the time of delivery of the Good. VAT invoices shall indicate the Seller’s details, the selected Goods, their quantities, discounts granted, the final price including all taxes and other mandatory information required under accounting legislation.

2.6. The Buyer shall collect the Good/Service at the Clinic at M. Valančiaus g. 7–57, LT-03158 Vilnius, Lithuania.

3. ORDERING OF GOODS AND MOMENT OF CONCLUSION OF THE PURCHASE AND SALE AGREEMENT

3.1. A purchase and sale agreement regarding the purchase of a specific Good shall be deemed concluded from the moment when the Buyer, having formed a shopping cart in the Online Store, specified the delivery address or logged into the Account, selected a payment method, confirmed that they have familiarised themselves with these Terms and Conditions, confirms the order and pays for it in accordance with the procedure established herein. If the Buyer does not pay for the order, the purchase and sale agreement shall be deemed not to have been concluded.

3.2. By ordering Goods and confirming that they have familiarised themselves with these Terms and Conditions, the Buyer declares that, in accordance with the procedure established herein, they are entitled to purchase the Good in the Online Store and confirms that the Personal Data provided in the order are correct.

3.3. The ordering procedure established by the Seller enables the Buyer to check and correct errors before submitting the order for execution. The Seller recommends that Buyers carefully review the order before submitting it.

3.4. After the Buyer submits the order for execution and pays for it in accordance with Clause 2.3 of these Terms and Conditions, the Seller sends confirmation of the execution of the order to the email address specified in the Account and/or by SMS.

3.5. After the Seller has fulfilled the order, the Buyer shall be informed of the completion of the order by email to the address specified in the Account and/or by SMS.

3.6. The order shall be registered and stored in the Online Store database and may be viewed in the Buyer’s Account.

3.7. The Buyer understands that paid orders cannot be cancelled, annulled or amended.

3.8. The Seller reserves the right to reject an order submitted by the Buyer for execution or an individual Good included in an order if the Seller is unable to sell the Good and shall immediately inform the Buyer by email and telephone or SMS using the contact details specified in the Account, and shall refund the amount paid for the Goods no later than within 14 (fourteen) calendar days where:

3.9. The Good is not included in the Seller’s service catalogue or is no longer sold due to circumstances beyond the Seller’s control;

3.10. There is a technical error in the Online Store system relating to the price of the Good displayed in the Online Store.

4. QUALITY GUARANTEE AND SUITABILITY FOR USE

4.1. The Seller guarantees that the Goods/Services offered for purchase in the Seller’s Online Store are of appropriate quality:

  • they correspond to the description of the Good/Service provided by the Seller and possess the characteristics of the item presented by the Seller as a sample or model when advertising or offering it for sale in the Online Store;
  • they meet the quality indicators normally characteristic of services of the same type and which the Buyer may reasonably expect on the basis of public statements made by the Seller concerning the service, including advertising;
  • the Seller shall not be liable if Goods/Services offered in the Online Store differ in size, shape, colour or other parameters from their actual appearance due to the characteristics of the Buyer’s display device or other technical reasons. When purchasing a Good, the Buyer should in all cases rely on the information provided in the description of the specific Good offered in the Online Store;
  • the quality guarantee provided by the Seller does not limit or restrict consumer rights established by the laws of the Republic of Lithuania in relation to defective Goods or Services.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Buyer has the right to use the Online Store and purchase Goods/Services therein in accordance with these Terms and Conditions and to require the Seller to fulfil the obligations assumed under these Terms and Conditions.

5.2. By using the Online Store, creating an Account and purchasing Goods offered therein, the Buyer confirms that they are a legally capable natural person and/or lawfully represent a third party on whose behalf they act and undertakes to:

  • provide a correct email address, contact telephone number and other contact information required for using the Online Store as a registered user or for forming and submitting an order. Registration of an Account using another person’s data is prohibited;
  • comply with the obligations set out in these Terms and Conditions and refrain from abusing the Buyer’s rights established herein;
  • use the Online Store fairly and properly, not interfere with its operation or stability and/or copy its content, remove copyright notices or trademarks from any copies of the Online Store content, create electronic or manually reproduced databases based on the Online Store content, place the Online Store content on other websites, or modify content downloaded from the Online Store;
  • not use any automated means and/or additional computer hardware and/or software for viewing and/or storing data, and not use any means intended to process and/or copy, encrypt, reprogram, transfer or otherwise redirect the content, design, descriptions or images of the Online Store except as permitted by its functionality;
  • protect the Buyer’s login credentials from third parties, except persons authorised by the Buyer to represent them when using the Online Store and purchasing Goods, and immediately inform the Seller if login details are lost, disclosed, stolen or unlawfully used;
  • inform the Seller of any changes to the Buyer’s data provided for registration purposes or independently update such data in the Buyer’s Account;
  • pay the Seller for Goods ordered in the Online Store and other paid services in accordance with these Terms and Conditions;
  • comply with other obligations set out in these Terms and Conditions and the laws of the Republic of Lithuania.

5.3. The Seller undertakes to comply with the obligations established herein, enable the Buyer to properly use the Online Store and make every effort to ensure uninterrupted operation and accessibility of the Online Store.

5.4. The Seller undertakes to respect Buyers’ privacy and process their Personal Data strictly in accordance with applicable legislation and the Seller’s Privacy Policy.

5.5. The Seller has the right, at its discretion, to temporarily restrict or terminate the Buyer’s use of the Online Store and acquisition of Goods, including by modifying any information provided by the Buyer in the Online Store or deleting the Buyer’s Account and prohibiting re-registration, where:

  • the Buyer breaches these Terms and Conditions and/or performs any other prohibited actions contrary to the laws of the Republic of Lithuania and/or accepted moral and ethical standards or otherwise infringes the rights of third parties;
  • the Seller needs to carry out maintenance and/or updates to the Online Store;
  • the Buyer’s use of the Online Store may cause or actually causes damage to the Seller, its reputation, other Buyers and/or third parties and/or where such measures are necessary to protect the rights and legitimate interests of the Seller, other Buyers and/or third parties.

5.6. The Seller has the right, without separately notifying the Buyer, to engage third parties to perform any actions related to these Terms and Conditions and to assign to third parties its rights and obligations arising from these Terms and Conditions.

6. CHANGE AND RETURN OF SERVICES, WITHDRAWAL FROM THE AGREEMENT

6.1. The Client has the right to unilaterally terminate the agreement even if the service provider has already commenced performance. In such case, the Client must pay the service provider a proportionate part of the price corresponding to the services already provided and reimburse other reasonable expenses incurred by the service provider in performing the agreement up to the moment when notice of termination is received.

6.2. The service provider has the right to unilaterally terminate the agreement only for substantial reasons. In such a case, the service provider must fully compensate the Client for the losses incurred.

7. LIABILITY

7.1. The Seller shall be liable for the operation of the Online Store and interruptions in the provision of services, and for any resulting damage suffered by the Buyer or third parties, only where such damage arises due to intentional actions of the Seller.

7.2. The Buyer shall be liable for unlawful actions performed while using the Online Store, including, without limitation, the accuracy of Personal Data provided during Account registration and/or when placing an order. The Buyer understands and acknowledges that they are responsible for transferring their data, including Personal Data, to third parties. If the Online Store is used by a third party using the Buyer’s data, the Seller shall treat such person as the Buyer and all related obligations shall be borne by the Buyer.

7.3. The Seller shall not be liable for failure of the Online Store, non-provision or improper provision of services and/or damage caused to the Buyer where this occurs due to the fault of third parties or circumstances that the Seller could not reasonably control, foresee or prevent, including their consequences.

7.4. The Seller shall be released from any liability where the Buyer suffers losses because the Buyer did not actually familiarise themselves with these Terms and Conditions, the Privacy Policy and/or other information provided to the Buyer in the description of the relevant Good in the Online Store.

8. FINAL PROVISIONS

8.1. The Parties may exchange information electronically, and such exchange shall be considered proper and equivalent to written documents. All communication relating to the use of the Online Store services and/or performance of purchase and sale agreements shall be carried out as follows:

  • the Buyer shall send all notices, claims, requests and questions to the email address specified in the Online Store section Contacts – ERA ESTHETIC Laser Dermatology Clinic;
  • the Seller shall send all notices and other information to the Buyer at the email address specified in the Buyer’s Account or when placing the order;
  • the Buyer shall also be deemed properly informed of Seller notices under these Terms and Conditions if the relevant information is provided by telephone call and/or SMS to the telephone number specified in the Buyer’s Account or when placing the order.

8.2. These Terms and Conditions have been drawn up in accordance with the laws of the Republic of Lithuania.

8.3. All disputes arising from the performance of these Terms and Conditions shall be resolved through negotiations. If the Parties fail to reach an agreement within 14 (fourteen) calendar days, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.

8.4. If the Buyer disagrees with the Seller’s response to the Buyer’s written complaint, the Buyer may submit a request/complaint regarding a Good purchased in the Online Store to the State Consumer Rights Protection Authority (Vilniaus g. 25, LT-01402 Vilnius, email: tarnyba@vvtat.lt, tel. +370 5 262 6751, fax +370 5 279 1466, website: www.vvtat.lt, including its territorial divisions in the counties) or complete the application form via the ODR platform at https://ec.europa.eu/odr/.