By completing any online transaction for the purchase of any Goods (as defined below) from UAB Favoriteplus or its affiliates on this website (“Site”), you agree to the Conditions. 1. General. The Conditions govern your online purchase of any goods offered for sale by UAB Favoriteplus or its affiliates (collectively, “Goods”). You represent and warrant that you are at least eighteen (18) years old and legally capable of entering into binding contracts. The Site is not intended for use by anyone under the age of eighteen (18). 2. Acceptance by UAB Favoriteplus of Your Order. Your order will not be deemed to be accepted by UAB Favoriteplus until the earlier of (i) your receipt of written acceptance from UAB Favoriteplus; and (ii) the delivery of the Goods to the address provided by you in connection with your online transaction for the purchase of Goods. For the avoidance of doubt, an order confirmation or acknowledgement issued by UAB Favoriteplus is not an acceptance of your order but merely confirmation of the contents of such order and UAB Favoriteplus reserves the right to accept or reject such order in accordance with the remainder of this provision. UAB Favoriteplus may reject your order for any reason, including, but not limited to, unavailability of the relevant Good(s), insufficient resources, a price or description error, inability to obtain or process your payment, errors in the information provided by you or for any other reason. It is your responsibility to ensure that the information provided by you is accurate. UAB Favoriteplus may not be able to process your online transaction if any information provided by you is inaccurate. UAB Favoriteplus will ship Goods to the address you provide. If you provide an incorrect address and UAB Favoriteplus ships the Goods to that address, UAB Favoriteplus will not be responsible or otherwise liable for the shipped Goods. 3. Price and Payment. The price for the Goods shall be as published on the date of acceptance of your order by UAB Favoriteplus. You will also be responsible for applicable sales tax and shipping charges. UAB Favoriteplus reserves the right to change prices for the Goods at any time. We accept Visa, MasterCard, American Express and PayPal. Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall, without prejudice to UAB Favoriteplus's other rights, entitle UAB Favoriteplus to refuse delivery and cancel any contract between you and UAB Favoriteplus. For the purposes of this condition only, the due date shall be the date of actual delivery. 4. Delivery, Title and Risk of Loss. Delivery is on the terms set out in our Shipping policy, which is incorporated into these Conditions. Risk of loss of the Goods will transfer from UAB Favoriteplus to you at the time of delivery. Title to the Goods will transfer from UAB Favoriteplus to you when UAB Favoriteplus receives payment in full of all sums due in respect of the Goods, including delivery charges. UAB Favoriteplus reserves the right to treat each order accepted by UAB Favoriteplus as a separate contract and UAB Favoriteplus reserves the right to deliver the Goods by installments. Where Goods are delivered by installments UAB Favoriteplus reserves the right to treat each installment as a separate contract. 5. Returns. You may return your Goods within 60 days after the date UAB Favoriteplus shipped your Goods. All returns must be made in accordance with UAB Favoriteplus’s Returns Policy, which is incorporated into these Conditions. The remedy set out in such policy is your sole and exclusive remedy for any Goods that fail to conform to Section 9 below. 6. Privacy Policy; Collection of Personal Information; Certain Use of Personal Information. UAB Favoriteplus does not knowingly collect personal information from anyone under the age of eighteen (18). Any personal information gathered by UAB Favoriteplus through the Site is subject to the Privacy Policy. 7. Conditions May Change. You acknowledge and agree that UAB Favoriteplus may, in its sole discretion, modify the Conditions (including any instructions, policies or guidelines referenced in the Conditions) at any time and in any manner. All such modifications shall be binding upon you when made. You may not amend or modify the Conditions under any circumstances. These Conditions apply to your online transaction for the purchase of Goods to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification, email, telephone call or other communication) and no terms or conditions endorsed upon, delivered with or contained in or communicated by any of the foregoing will form part of the Conditions. 8. Notices. All notices from UAB Favoriteplus intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you during the completion of your online transaction for the purchase of Goods (“Notice”). 9. Marketing Materials. The description of Goods shall be as set out on our Site. All drawings, descriptive matter, specifications and advertising issued by UAB Favoriteplus and any descriptions or illustrations contained in UAB Favoriteplus's catalogue or brochures (the "Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract between you and UAB Favoriteplus. You acknowledge that you are not purchasing the Goods in reliance upon any such Marketing Materials. 10. Third-Party Links. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third- party. 11. User comments, feedback and other submissions. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 12. Errors, inaccuracies and omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 13. Prohibited uses. In addition to other prohibitions as set forth in the Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall UAB Favoriteplus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 15. TERMINATION. UAB Favoriteplus reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions. 16. INDEMNITY. You will indemnify and hold UAB Favoriteplus and its Affiliates, including their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers (collectively, “Indemnitees”) harmless from and against any and all fines, penalties, costs, expenses (including attorneys’ and experts’ fees), liabilities, losses, damages of any kind whatsoever and all other amounts incurred by any of the Indemnitees, and shall defend the Indemnitees against (1) all claims that any information, data or other materials that you provide in connection with your use of this Site, or use thereof by any of the Indemnitees, infringes, misappropriates or otherwise violates any intellectual property right or other right of a third party; (2) all claims arising from fraud committed by you, or your intentional misconduct or gross negligence; (3) all claims otherwise arising from your failure to comply with these Conditions or applicable laws, rules and regulations; and (4) all claims by any third party to whom your provided the Goods. 17. SEVERABILITY. In the event that any provision of these Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 18. GOVERNING LAW. These Conditions and any separate agreements whereby we provide you the Goods and Services shall be governed by and construed in accordance with the Law of the Republic of Lithuania. All disputable matters shall be resolved by mutual agreement; upon failure to agree disputes shall be settled in Lithuanian Court pursuant to the Law of the Republic of Lithuania. All rights not expressly granted herein are reserved. 19. GENERAL. 20. CHANGES TO CONDITIONS. You can review the most current version of the Conditions at any time at this page. 21. CONTACT INFORMATION. Questions about the Conditions should be sent to us at info@favoriteplus.com |