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1. General provisions
1.1. The internet site www.primadonaboutique.com (hereinafter – Site) belongs to and is administered by Mantas Valentukevičius, self-employment reg no. 783464 (business address: PC IKI shopping centre, Druskininkai) (hereinafter – PRIMADONABOUTIQUE.COM).
1.3. The term “use of the website” is considered to be all and any action taken by the Visitor while visiting the website via any form of electronic communication network using a web browser (Internet Explorer, Firefox, Opera etc.), and the term “services” is outlined as any action taken by the Visitor while visiting the site, including browsing (viewing or reading the contents of the website etc.), participating in a discussion forum, submitting a question via a special module on the website, getting registered, purchasing goods, leaving comments or by any other actions performed while using the site.
1.4. Unless stated otherwise, any use of the website and its services is free of charge. If any of the services incur a charge the website users will be additionally informed about it.
2. Registration of The Visitors and Data protection
2.1. In order to be able to fully use the website and its services the Visitor must go through a registration process. To register. Registration process involves selecting a relevant tab and by filling in all the required fields (name, surname, email, phone number, password) and other optional fields by choice and in such way supplying personal data to PRIMADONABOUTIQUE.COM (hereinafter – Data).
2.2. PRIMADONABOUTIQUE.COM reserves the right to cancel any registration without prior notice and to destroy all the data acquired through the registration process.
2.3. By filling a registration form the Visitor is responsible with providing only the accurate and comprehensive data. PRIMADONABOUTIQUE.COM and the Visitor agree that PRIMADONABOUTIQUE.COM will fulfil all their obligations and use their rights under presumption that the data supplied by the Visitor is accurate and comprehensive. PRIMADONABOUTIQUE.COM will not be liable for any damage incurred by the Visitor or a third party because of an incorrect or missing data supplied by the Visitor or any changes that were not forwarded to PRIMADONABOUTIQUE.COM.
2.4. It is strictly forbidden for the Visitor to use someone else’s identity and provide a false name, surname or any other Data. If the Visitor doesn’t adhere to such requirements PRIMADONABOUTIQUE.COM reserves the right to ban the Visitor from using the website and/or its services and if there is enough evidence to support suspicion that the Visitor could have caused any damage to PRIMADONABOUTIQUE.COM, third parties or the public interest then all acquired Data would be forwarded to relevant Government Agencies.
2.5. The Visitor is solely responsible to ensure the safety of their Data and for not disclosing it to a third party in order for them to use such Data to access the website or its services or for any other purpose. The Visitor is responsible for any action taken by such third party if it was caused by using the Visitor Data. The sole liability lies with the Visitor if there are duties or responsibilities arising from or connected to such third party actions where the Visitor data was applied do so.
2.6. The Visitor fully agrees and confirms that they are solely responsible for the safety and privacy of the Data required to access the website or use its services in any way and PRIMADONABOUTIQUE.COM is exempt from such liability.
2.8. The Visitor agrees that the profile is created automatically on the basis of the data supplied by the Visitor and after that such profile is accessible to other Visitors ( except when such Data is restricted by the Visitor or is not allowed to be disclosed without the owners permission as per Republic of Lithuania legislation) and that PRIMADONABOUTIQUE.COM is exempt from the responsibility if any contents of it are used in any way.
3. Rights and responsibilities of Visitors of the PRIMADONABOUTIQUE.COM
3.1. PRIMADONABOUTIQUE.COM reserves the right at any time and without prior notice to the Visitor modify all or any part of the services or content, functions or any information including the one supplied by the Visitor etc. The Visitor understands and agrees that PRIMADONABOUTIQUE.COM would never be liable for any negative effect arising from such actions and the Visitor agrees to never make any claims against PRIMADONABOUTIQUE.COM because of such actions.
3.2. The Visitor acknowledges and agrees that they are solely responsible for all or any information, data, symbols, text, software, music, sounds, photographs, video clips, chats, messages, emails, documents and any other material that they send out or transfer in any other way by using the website or its services and that PRIMADONABOUTIQUE.COM are exempt from such liability.
3.3. PRIMADONABOUTIQUE.COM reserves the right any time and without prior notice or explanation indefinitely restrict or prohibit the Visitor from access of the website or any services.
3.4. The parties agree that PRIMADONABOUTIQUE.COM reserves the right any time and without prior notice to terminate operation of this website.
3.5. The Visitor has the right to relinquish the use of this website by deleting their data in the manner indicated on the site.
3.6. When using the website or services the Visitor must adhere to established standards of conduct and morals, requirements of the law and third party privacy requirements and legislations, adhere to the legislation regarding intellectual property, data protection, advertising regulations and other legal acts and general provisions.
3.7. When using the website or services the Visitor must not:
3.7.1. use the website or services in such manner that could endanger the smooth running of the website, it’s safety and integrity or would restrict other persons use of the website and services;
3.7.2. hold, publish, send or distribute any offensive, defamatory, vulgar, pornographic, threatening, abusive, discriminatory or other content that is in violation of the requirements of the law, or would encourage behaviour contrary to established legal acts including any content that causes any legal liability to PRIMADONABOUTIQUE.COM;
3.7.3. distribute by any means links to any content that would be considered vulgar, pornographic, abusive, threatening, offensive, discriminatory or in violation of the requirements of the law;
3.7.4. register on the website using and (or) choosing a username or any part of the email that would be considered vulgar, pornographic, abusive, threatening, offensive, discriminatory or in violation of the requirements of the law;
3.7.5. pretend to be another person or subject including but not limited to impersonating staff of PRIMADONABOUTIQUE.COM or otherwise falsely claim affiliation to such persons;
3.7.6. use any automated systems, including but not limited to additional computer technology and (or) software to enhance results of giveaways or competitions running on the website;
3.7.7. arbitrarily organise own competitions or advertise any kind of products and (or) services ;
3.7.8. interfere with the usual flow of communication between other Visitors using the site, or affect other Visitors and their wellbeing in any negative way and obstruct their ability to exchange content.
3.8. As well as above the Visitor is obliged not to use the website or services for the following:
3.8.1. any action that could be harmful to any person, their assets or fulfilment of their legal interests;
3.8.2. distribution of any information that is restricted by law and is offensive, deceiving, threatening etc. or in breach of person’s rights;
3.8.3. breaching personal intellectual property rights as well as copyright, patent, commercial or manufacturing secrets or trademark rights;
3.8.4. advertising of any goods or services as well as distribution of any unwanted emails, messages or announcements or any other content.
3.9. PRIMADONABOUTIQUE.COM and the Visitor agrees that in the instances where the Visitor breaches any of these terms, PRIMADONABOUTIQUE.COM can at any time and without prior notice restrict or terminate, acquire the right to restrict or prohibit the Visitor from access of the website or any services.
3.10. The Visitor understands that in order to receive a paid service, he/she must pay the appropriate fee for the services first as is instructed on the PRIMADONABOUTIQUE.COM website. PRIMADONABOUTIQUE.COM reserves the right to change the fee or payment method of any chargeable services unilaterally.
3.12. The Visitor understands and agrees that PRIMADONABOUTIQUE.COM is not in control over other Visitor’s and third parties contents that the Visitor may receive, read or become aware whilst using the website or services. Therefore PRIMADONABOUTIQUE.COM is not responsible for the accuracy, integrity or quality of such content.
3.13. The Visitor understands that while using the website and services he/she are not protected from any kind of offensive, indecent or otherwise negative content.
3.14. If the Visitor has given the consent for his personal data to be used for direct marketing purposes then he/she understands and agrees that when using the website and/or services the Visitor may receive unlimited amount of informative, advertising or any other kind of content supplied by PRIMADONABOUTIQUE.COM or other third parties. Such content may be received in any kind of way using any means of contact supplied by the Visitor during their registration process. The Visitor has a right to cancel the aforementioned agreement.
3.15. The Visitor has a right to comment in any way possible on the website and to communicate with other Visitors as well as express their opinion about the contents and services offered on the website. The Visitor fully agrees and guarantees that any of the comments or information submitted will meet these requirements:
3.15.1. will be true, accurate, not deceiving or misleading in any way;
3.15.2. will not be in breach of rights of PRIMADONABOUTIQUE.COM or any other third parties including but not limited to intellectual property rights, trade secrets, or personal rights to privacy etc.;
3.15.3. will not be in breach of any laws and legislation ;
3.15.4. does not create any legal obligations for PRIMADONABOUTIQUE.COM.
3.16. The Visitor understands and agrees that all personal data held about him/her and all the content ( including but not restricted to Data) that they supply in any way while using the website or services may be retained at PRIMADONABOUTIQUE.COM during the whole time when using the website and for the further 3 years after the last visit of the website (shop) „www.primadonaboutique.com“. Personal data may be managed even longer if it is required by the Republic of Lithuania laws and other legislation.
3.17. The Visitor understands that he/she are responsible for all the contents they send, view, save or share using the website or/and services. PRIMADONABOUTIQUE.COM is exempt from such responsibility.
3.18. PRIMADONABOUTIQUE.COM reserves the right at their sole discretion and without prior notice delete or modify any comments made by the Visitor.
3.19. By using the website and/or services and providing, introducing or otherwise sending content the Visitor gives these exclusive, free of charge, perpetual and worldwide rights to PRIMADONABOUTIQUE.COM :
3.19.1. right to reproduce, disclose, publish, publicize and make publicly available in any shape or form by means of selling, renting, giving access or otherwise transferring ownership and management of all information supplied by the Visitor in any form or language;
3.19.2. right to create derivative works from the content supplied by the Visitor;
3.19.3. right for PRIMADONABOUTIQUE.COM or other persons to use the content submitted by the Visitor for their benefit, free of charge in any shape or form including but not limited to ideas, suggestions or designs.
4. Ordering goods
4.1. The Visitor can find all goods to order in the electronic catalogue (hereinafter e-catalogue) kept on the website. All goods in the e-catalogue are arranged by relevant categories. In order to read a more detailed description of the item the Visitor must click the title. PRIMADONABOUTIQUE.COM reserves the right to change the items contained in the e-catalogue, their descriptions and prices etc. without any prior notice. All goods presented in the e-catalogue are for sale, however PRIMADONABOUTIQUE.COM is not liable if the item listed in the e-catalogue is currently out of stock in the warehouse.
4.2. All prices are displayed in Euros (including VAT). Delivery costs for each item are not included in such price and would depend on the total value of the order. Delivery terms and conditions (as well as charges) are explained on the website.
4.3. When the Visitor selects an item from the e-catalogue and wants to place an order, he/she can do so by clicking a special button marked “ADD TO BASKET”. Once the “ADD TO BASKET” is selected, the item is added to the Visitor’s list of items to order, otherwise known as “BASKET”. Items contained in the “BASKET” can be reviewed and modified i.e. new items can be added or removed from the list, total costs calculated etc.
4.5. When ordering goods, the Visitor must provide the delivery address and choose a payment method. As well as providing an address and choosing payment method, the Visitor has an option to leave a note or indicate whether an invoice is required. After the order form is completed and confirmed, the Visitor is sent an email containing all the information needed to make a payment as well as a unique order identification number. The Visitor must save this confirmation because it is considered as proof of purchase.
4.6. The Visitor can pay for selected items by making a transfer to a bank account stated on the Website. The transfer can be completed using an internet banking system or at one of the bank branches. When making a transfer, the Visitor must include the unique order identification number and his/hers name and surname.
4.7. After PRIMADONABOUTIQUE.COM receives the payment, the order is confirmed and information supporting this appears in the Website’s order page. The Visitor is able to log into their order page and see that their order is being processed and the despatch process has started. Information about the despatch is sent out by email. If the order is currently not in stock at the warehouse it will be delivered in 2-5 working days after payment confirmation. If the items are not delivered in the specified timeframe PRIMADONABOUTIQUE.COM is only liable if it happened because of their direct fault. The liability for items not being delivered in time due to the courier’s fault, lays directly with the Courier Company or individual.
5. Intellectual property protection
5.1. All rights to the Website and its contents are protected by law and legislation of the Republic of Lithuania. No content and information can be reproduced, publicised or distributed without a prior PRIMADONABOUTIQUE.COM written consent.
5.2. All trademarks displayed at the website is PRIMADONABOUTIQUE.COM property or PRIMADONABOUTIQUE.COM has got permission from the trademark owners (users) to use it as described in the signed contracts or other legal agreements.
6. PRIMADONABOUTIQUE.COM limit of liability
6.1. The Visitor agrees that unless otherwise stated by the Republic of Lithuania laws and legislations PRIMADONABOUTIQUE.COM is not in any way liable for any losses or damages sustained by the Visitor or any third parties that arises from any malfunctions when using the Website and Services.
6.2. The Visitor understands and agrees that unless otherwise stated by the Republic of Lithuania laws and legislations all services are supplied by PRIMADONABOUTIQUE.COM without any confirmation or guarantee that the Website and Services will be running smoothly and on time, qualitatively without any malfunctions and at full capacity and it will not have any negative effect on the Visitor or any third parties.
6.3. PRIMADONABOUTIQUE.COM is not liable for any losses or/and damages sustained by the Visitor while using the Website and/or Services and by uploading, sending or otherwise distributing or publicizing any content.
6.4. The Visitor understands and agrees that PRIMADONABOUTIQUE.COM will not be liable for content available to the Visitor or any third parties while using the Website or Services including but not restricted to any mistakes or discrepancies in such content, damages or losses created by such content or by publishing, receiving, sending or otherwise distributing such content when using Services.
6.5. The Visitor understands and agrees that unless otherwise stated by the Republic of Lithuania laws and legislations PRIMADONABOUTIQUE.COM is never be liable without exemption for any actions or inactions relating to the Visitor using the Website and/or Services and following the Terms stated here. The Visitor takes all responsibility for indemnifying for all such losses and damages sustained by the Visitor or third parties when using The Website and/or Services.
6.6. The Visitor is obliged to ensure that PRIMADONABOUTIQUE.COM would never incur legal obligations to pay, reimburse or otherwise compensate any damages, losses or other expenses arising from their use of the Website and Services.
7. Sending of newsletters and advertisement
7.1. PRIMADONABOUTIQUE.COM sends out all advertising and information notices, requirements, requests and other information to the email address provided by the Visitor at the time of registration process, or by any other means of contact that the Visitor is accessible by, depending on the Services he/she might be using. All such information sent out to the Visitor is considered as received 5 hours after the sending out moment.
7.2. PRIMADONABOUTIQUE.COM is not responsible for any internet connection or electronic service provider’s errors that impede the Visitor from receiving such information or confirmation emails from PRIMADONABOUTIQUE.COM. Both parties agree that a copy of an email or any other notice addressed to the Visitor kept on the PRIMADONABOUTIQUE.COM server (database or any other relevant information storing device) is sufficient evidence of any information sent out.
7.3. The Visitor should send all messages, requirements, requests and questions to the contact addresses stated in the “Contacts” section.
8. Final Provisions
8.1. These rules are made in the accordance to the legislation of the Republic of Lithuania.
8.2. If any of these rules contradict any current legislations or by any other means becomes partially or completely invalid it doesn’t invalidate the rest of the Terms provisions. In such circumstances PRIMADONABOUTIQUE.COM and the Visitor agree to replace the invalid part of the terms with a legislatively correct one and as closely resembling the same legal and economical outcome as the previous one.
8.3. PRIMADONABOUTIQUE.COM and the Visitor agree that PRIMADONABOUTIQUE.COM can at any time and without prior notice transfer their rights and responsibilities arising from such Terms to the third parties without the Visitor’s consent.
8.4. PRIMADONABOUTIQUE.COM and the Visitor agree that these Terms overrule any descriptions or explanations about services available to the Visitor on the Website and also that any disagreements between the parties would be resolved in accordance to these Terms.
8.5. All disputes arising between the Visitor and PRIMADONABOUTIQUE.COM from the execution of these Terms will be resolved by negotiation. Failing to reach an agreement between the Parties within 15 ( fifteen) days from one party lodging a written request to resolve a disagreement then the dispute will be resolved in accordance with the procedure established by the laws of the Republic of Lithuania in accordance with PRIMADONABOUTIQUE.COM place of performance.