Terms of Service
PROVIDER
StageClix
Vilkpėdės g. 4, Vilnius, Lithuania
1. THE GENERAL PROVISIONS
1.1. These Terms of Service are a binding legal document for the parties – the Customer, upon submitting the order, confirms that he/she agrees with these Rules. This document is considered to be an integral and inseparable part of the Rules and serves as the instrument establishing the rights and duties of the Customer and (or) Customer and the Seller, the terms and conditions and procedure for the acquisition of Goods and payment for the same, the terms and conditions and procedure of delivery and return of Goods, liability of the parties and other provisions related to purchase and sale of Goods in the website. Terms and sayings commencing with a capital letter in these Terms of Service have the meaning defined in the procedure of use of the website.
1.2. The seller gives Customers the opportunity to select and order (by placing an order of Goods) as well as to enter into the Agreement for purchase of Goods on the Website that is accessible 7 (seven) days per week.
1.3. Trade takes place on the Website and Goods purchased are delivered in the territory of EU.
1.4. The following parties are entitled to purchase Goods on the Website:
1.4.1. natural persons with sufficient capacity, i.e., adult persons whose capacity is not restricted in accordance with applicable legal acts;
1.4.2. minors from fourteen to eighteen years of age only having a consent of their parents or caretakers, except when they have disposition of their own income or are emancipated;
1.4.3. legal entities, represented by the person acting under the establishment documents of such legal entity;
1.4.4. authorized representatives of all aforementioned parties after having provided with the document confirming their right to act on behalf of such natural person or legal entity (authorization, procuration, etc.).
1.5. All agreements for Goods purchase on the Website shall be in English language. The Customer is provided with the essential terms and conditions of the Agreement and information regarding Goods ordered enclosed to automatically generated electronic notification of the Seller sent to the Customer after placement of Goods order to the email address specified by the Seller.
2. GOODS ORDERING
2.1. Goods can be ordered by the Customer without registration of an Account on the Website. The Customer must provide his Personal information in the form of Goods order confirmation in accordance with the Website measures.
2.2. When ordering Goods, the Customer must specify in the appropriate fields of information given on the Website his/her Personal information necessary for a proper fulfillment of the Goods order: first name, last name, address of Goods delivery, phone number and email address. By placing an order, the Customer unconditionally confirms that he/she has the right to purchase Goods on the Website and to enter into the Agreement for their acquisition.
2.3. In all cases, before confirmation of Goods order in accordance with the procedure stipulated in this section of the Terms of Service, the Customer must familiarize a version of the documents of the Rules valid at the time of placing the order and express his/her consent regarding them. The Customer shall confirm his/her familiarity with and acceptance of the documents of the Rules in the way and under the terms and conditions provided in the procedure of use of the Website. The Customer must first become familiar with and accept the Rules. Only then an order can be placed and accepted for the Seller‘s processing. In all other cases, when the Customer disagrees with the Rules or with a particular part of them, he/she shall have no right to order Goods on the Website.
2.4. In order to enter into the Agreement for Goods acquisition, the Customer must perform technical actions specified on the Website and must place an order for the Seller following the notifications and (or) links provided on the Website:
2.4.1. The Customer must select one or several Goods offered on the Website and place the Goods selected to own basket of Goods after having specified details of each item purchased (number of units, etc.) and after having pressed the Website link “Add to cart”;
2.4.2. The Customer must press the Website icon with a sign of a basket of Goods after completion of formation of the basket of Goods, i.e., after having selected all Goods desired by the Customer. Then the Customer will be directed to another window of the Website where he/she will be able to review his/her selections (details of the order). After having further entered/selected the data requested by the Website (address of delivery, method of payment, and other information requested by the Website) and pressed button “Pay now”, the Customer will be able to confirm the Goods order being placed for the Seller.
2.5. The Customer shall confirm the Goods order being placed by him/her by pressing on the icon with an inscription “Pay now”. By this moment the Customer shall be entitled to change the Goods order, i.e., to change the Goods selected and/or the details of the Goods, delivery details, and the method of payment for the Goods.
2.6. After completion of the actions specified in clause 2.4 of the Terms of Service by the Customer and after confirmation of the Goods order under the procedure specified in clause 2.5 above in this document, the Customer expresses his will, in accordance with the provisions of the Rules, to enter into the Agreement with the Seller regarding acquisition of Goods on the Website.
2.7. The Seller shall send an automatically generated electronic notification containing all essential data of the Goods order to the Customer‘s email address as confirmation of receipt of the Goods order placed by the Customer.
2.8. The Seller, after having received the Goods order from the Customer for execution, shall immediately check whether the goods specified in the Goods order (by their nature, quantity, etc.) are in stock. If the Seller will be unable to supply to the Customer (Customer) all or some Goods ordered in accordance with the procedure stipulated in these Terms of Service and (or) in the Rules, the Customer will be notified on a relevant status of the Goods order and will decide regarding its execution (partial execution or refusal from/cancellation of a whole Goods order. In any case, the Seller reserves the right to revoke such order within 3 (three) working days from placement of the Customer‘s confirmed Goods order (clause 2.7 of this section), including due to the circumstances set out in clause 2.11 below (the Seller will make all efforts in order to notify the Customer as earlier as possible on the status of the Goods order).
2.9. The Customer, after having familiarized and accepted the Rules and after having undertaken to observe the same, confirms that he/she does not oppose any provision of the Rules to the Customer separately in the written form (on paper), unless otherwise agreed by the parties to the Agreement.
2.10. The Seller shall not be held liable for damage incurred as result of the illegal use of Personal information by the third parties. If, failing to observe the requirements of the Rules, any other person places the Goods order using the Customer’s Personal information, it will be considered that these Goods are ordered and (or) acquired by the Customer.
2.11. The Seller reserves the right to execute only those confirmed Goods orders that contain correctly and precisely submitted data of the Goods order and other data that are necessary for acquisition and (or) delivery of the Goods (including address of delivery of the Goods, phone number, email address, etc.), also if the Seller does not identify any signs of fraud from the side of the Customer (including breach of security of the Website, misuse of the Website system or pretending to be a different person).
2.12. The Customer, having expressed his acceptance of these Terms of Service, thus consents that his/her Personal information specified in clause 2.2 can be processed for the purposes of sale of Goods and services on the website (e-commerce) and for the purpose of direct marketing. The Seller confirms that Personal information provided by the Customer in connection with placing an order of Goods and entry into the Agreement will be used for the purposes of entry into and execution of transactions of Goods purchase and sale on the Website in accordance with the provisions of the Privacy Policy.
2.13. The Customer, by expressing his/her consent that his/her Personal information can be processed for the purpose of sale of Goods and services on the website of the Seller (e-commerce), also consents that information notifications that are necessary for execution of the Goods order can be sent to email address and phone number specified by the customer.
3. THE MOMENT OF ENTRY INTO A PURCHASE-SALE AGREEMENT
3.1. Presentation of the Goods sold on the Website does not create any liabilities for the Seller. The Agreement for purchase-sale of Goods shall be considered to be entered into between the Customer and the Seller from the moment the Customer receives automatically generated email notification of the Seller with the invoice of the purchase and shall be valid until the complete fulfillment of liabilities undertaken by the parties under this Agreement. The aspects in connection with the Customer’s opportunity to refuse from the Agreement are discussed in section 8 of these Terms of Service.
3.2. These Terms of Service and other Rules, together with the Customer‘s order placed on the Website, shall become the Agreement entered between the Customer and the Seller that is a binding legal document for both parties to the Agreement.
4. THE RIGHTS AND DUTIES OF THE CUSTOMER
4.1. The Customer shall be entitled to purchase goods on the Website in accordance with the procedure stipulated by these Terms of Service.
4.2. The Customer, who is the Consumer, shall be entitled to refuse from the Agreement in accordance with the procedure stipulated in section 8 of these Terms of Service.
4.3. The Customer, making use of the Website, shall undertake to observe these Terms of Service, the Rules, other terms and conditions expressly specified in the Website and not violate the legal acts of the territory of EU.
5. OBLIGATIONS OF THE SELLER
5.1. The Seller shall, under the terms and conditions stipulated in these Terms of Service and on the Website, allow the Customer to use the services of the Website.
5.2. The Seller shall undertake to respect the privacy right of the Customer towards the Personal information belonging to the Customer, i.e., to process the personal details specified by the Customer only in accordance with the procedure provided for in these Rules and the legal acts in the territory of EU.
5.3. The Seller shall undertake to deliver the Goods ordered by the Customer to the address specified by the Customer under the terms and conditions specified in section 7 of these Terms of Service.
6. THE PRICE OF GOODS, THE PROCEDURE, AND TIME TERMS OF PAYMENT
6.1. Prices of Goods are expressed in euros on the Website and are inclusive of all taxes, including VAT and other taxes (if any are applied). The Seller offers to buy Goods on the Website to be delivered in the territory of the EU.
6.2. The price of an item (Goods) is exclusive of costs of delivery of Goods and (or) costs of services of other Third parties (if applicable), unless it would be expressly specified and published on the Website that under the certain conditions delivery of Goods is free of charge. The applicable costs of delivery of Goods are specified and provided to the Customer at the time of ordering of Goods.
6.3. Goods can be subject to discounts that are not summed up, except when otherwise provided by specific rules of discount or promotion and this is expressly established and published on the Website and (or) in any other instrument of the Rules.
6.4. The Seller shall be entitled to change the price of Goods specified on the Website after placement of the Customer‘s order if this relates to technical errors in the information system on the Website. The Seller, in the circumstances set out above, after a change of the price of Goods, must immediately notify the Customer thereof and agree with him/her further execution of the Item order. The Customer‘s order shall be cancelled if the Customer disagrees with change of the price of the Item discussed in this clause, all these sums paid shall be returned to the Customer.
6.5. The Customer, by his/her choice, shall pay for Goods and their delivery (if costs of delivery of Goods are separately applied and calculated to the price of Goods) by credit card or Mobile Pay.
6.6. When the Customer pays for Goods in the way of payment hereinabove, he/she shall undertake to pay for Goods on immediate basis. The Seller starts to form a parcel of Goods and starts to calculate the time term of delivery of Goods specified in clause 7.2 of these Terms of Service only after receiving confirmation of the payment operator about your payment for Goods. Should the Customer fail to pay for Goods, it will be considered that the Customer refuses from the Agreement and the Seller has no liabilities in respect of the Customer arising out of such Agreement.
6.7. Each time the Customer places the Goods order, by entering into the Agreement the Customer consents that an electronic VAT invoice of the order with the purchase details can be sent during purchase to the specified email address. The invoice shall be sent by email on workdays. Please note that in case the Customer is the VAT payer, it is obligatory to specify the Customer‘s VAT payer‘s code in the field “Company”.
7. DELIVERY OF GOODS
7.1. Goods shall be delivered to the address of delivery of Goods specified by the Customer through the courier invoked. To this end, at the time of placement of Goods order the Customer shall undertake to select and specify an accurate address of Goods delivery. The applicable costs of Goods delivery (if applicable and (or) if are applied depending on the way of transfer of Goods selected by the Customer) shall be specified and provided to the Customer on the Website at the time of Goods ordering.
7.2. Unless otherwise specified in the Website and (or) in confirmation of Goods order submitted by the Seller to the Customer (clause 3.1 of these Terms of Service) Goods shall be prepared for transfer and (or) shall be delivered to the Customer within a period of 5 working days, calculated from the date of emergence of the circumstances discussed in clause 6.6 of these Terms of Service. The Customer consents that in exceptional cases (including when the required goods are not in stock), delivery of Goods can be late. In such case the Seller shall undertake to contact the Customer on immediate basis and to agree a different time term of Goods delivery that is suitable for the Customer or revoke the Goods order if the Customer wishes to revoke the same. In any case, when the Customer is the Consumer, the Seller shall undertake to deliver Goods to the Customer not later than 30 (thirty) days from the date of entry into the Agreement.
7.3. The Customer will be contacted before delivery of Goods to the Customer in order to agree details of delivery.
7.4. The Customer shall undertake to accept the Goods by himself/herself, except where the Customer at the time of order of Goods specifies the first and the last name of another person who will accept Goods in the column “Comment and additional information” (or analogous field. When the Customer is unable to accept the Goods by himself/herself, including when there is no Customer or the person specified by the Customer at the address of Goods delivery, the person authorized by the Seller (Courier) shall be entitled to issue the Goods to any other capable adult person who is present at the address of Goods delivery after such person has presented confirmation of payment for Goods or another document confirming entry into the Agreement or the right to accept the items delivered. In such case the Customer has no right to make any claims to the Seller regarding delivery of Goods to wrong person/entity. If a Courier will not find the Customer at the address of Goods delivery specified by the Customer, the Courier will try to deliver the Goods order another 3 times.
7.5. In all cases the Seller shall be exempt from liability for breach of time terms of delivery of Goods if Goods cannot be delivered to the Customer or are delivered untimely due to the Customer‘s fault or due to the Customer dependent circumstances and (or) due to force majeure circumstances.
7.6. The Seller, being unable to deliver the Item ordered to the Customer because of the important circumstances specified in these Terms of Service (and if it is impossible to offer analogous Item or an Item that has as bigger advantage as possible over the Item ordered), shall undertake to return to the Customer the money paid.
7.7. It shall be considered that Goods have been duly supplied (transferred) to the Customer after the parties sign the document confirming transfer-acceptance of Goods (their delivery and (or) withdrawal) (e.g., consignment of delivery, invoice, etc.) presented by the third-party providing services of parcel delivery (Courier). The Customer confirms that he/she is aware of the circumstance that the risk of accidental loss or damage of Goods after signature of the document confirming transfer-acceptance of Goods (delivery and (or) withdrawal) shall fall on the Customer.
7.8. Quantity of Goods and their packaging shall be inspected at the time of transfer of Goods to the Customer. Should the Customer determine shortage of Goods, damages of Goods and (or) package of Goods at the time of transfer of Goods, the Customer must specify such shortages and damages in the documents confirming transfer of Goods (as discussed in clause 7.7 of this section) also must notify the Seller thereof on immediate basis in writing on the Website or by contacting the Seller by contacts specified in the Rules, as discussed in clause 7.9 of these Terms of Service. Later no claims regarding a quantity and (or) package of Goods transferred to the Customer shall be accepted.
7.9. The Customer after receiving the items must immediately, but not later than within 1 (one) day from the date of sale of Goods to the Customer, notify the Seller in writing on determined obvious quality deficiencies of Goods (damage of package, shortage of Goods, etc.) (otherwise, after expiry of the time term established, the Customer will have no right to lodge claims to the Seller regarding obvious deficiencies of Goods transferred). In such cases, clause 9.1 of the Terms of Service shall apply. Please note that the aforementioned clause shall not apply in cases when it is expressly specified on the Website that the Goods sold are in a damaged package and, respectively, are sold for a lower price. It is considered that by ordering such Goods the Customer agrees to purchase them under the circumstances specified and is unable to lodge claims to the Seller regarding damages to the Goods‘ package.
8. AGREEMENT DISCLAIMER, RETURN, AND REPLACEMENT OF GOODS
8.1. Damages of Goods sold shall be eliminated, low-quality Goods shall be replaced, returned and (or) the Customer can disclaim the Agreement in accordance with the applicable legal acts and under the procedure provided in these Terms of Service.
8.2. The Customer, who is the Consumer, shall be entitled, without specifying the reasons, to disclaim the Agreement by notifying the Seller thereof in writing not later than within 30 (thirty) calendar days from the date of transfer (delivery) of the Item. When the Agreement encompasses and has been entered into for acquisition of several Goods that shall be separately delivered to the Consumer, the right to disclaim the Agreement shall expire after 30 (thirty) calendar days from the date on which the last Item is sold (delivered) under the Agreement.
8.3. If the Consumer wishes to disclaim the Agreement, he/she must contact the Seller at the contacts specified in clause 12.4 of these Terms of Service.
8.4. The Customer, who is the Consumer, after having submitted notification of the Agreement disclaimer to the Seller under the procedure established in this section, must at his/her own cost return the Item to the Seller (if it was already transferred to the Customer) not later than within 14 (fourteen) calendar days from the date on which he/she has submitted the appropriate notification to the Seller by sending the item (using the services of courier) to the address Vilkpėdės g. 4, LT-03151 Vilnius, Lithuania.
8.5. The Seller must immediately, but in any way not later than within 14 (fourteen) days from the date on which the Seller received the returned Goods, return all payments received from the Customer. The Seller shall return to the Customer a fee paid by the latter using the same way of payment that was used by the Customer during the initial payment transaction, except the cases when the Customer agrees with a different offer from the Seller. The Seller may not return to the Customer amounts paid by the latter (the price of Goods and (or) delivery costs) until the Item will be returned to the Seller or until the Customer provides the Seller with a written evidence confirming the fact of dispatch of the Item to the Seller (whichever occurs earlier).
8.6. The Customer must observe the following terms and conditions when he returns Goods:
8.6.1. the Item returned must be in the original neat package;
8.6.2. the Item cannot be damaged by the Customer;
8.6.3. the Item must be unused, its merchandising appearance must be intact;
8.6.4. the Item returned must be unchanged, i.e., it must be the same as it was received by the Customer.
8.6.5. the Customer must provide a document as proof of Item acquisition;
8.6.6. Goods that were purchased from the vendor other than the Seller or that were damaged intentionally or as a result of negligence (affected by chemical, open fire, water, high temperature, sharp objects, etc.) or if the Rules of use or storage of the Item have been infringed or the Goods were used unduly or misused.
8.7. The Seller shall be entitled to refuse to accept Goods returned by the Customer if the Customer fails to observe the procedure of Goods return stipulated in this section. The Customer shall be held responsible for the value of the Item that has decreased due to actions / factors / circumstances that are unnecessary in order to determine the nature, properties, and complexity of the Item.
8.8. If the Seller does not have Goods that are suitable for replacement, the Seller shall notify the Customer thereof and the Customer shall be entitled to return the Goods to the Seller within 14 (fourteen) calendar days from the date of the appropriate notification. In such case the provisions of return of quality Goods discussed above shall apply.
8.9. If the Item is returned based on the procedure stipulated in clauses 8.1 to 8.7 of these Terms of Service, all costs of return of Goods shall be borne by the Customer.
8.10. If the Customer returns a defective Item, it can be returned in the way specified in clause 8.4 of these Terms of Service. The Seller must return the Item together with a purchase receipt received at the time of Goods delivery and a description of defects noticed.
9. WARRANTY
9.1. Goods are covered by a 24 (twenty four) months warranty provided by the manufacturer. Specific terms and conditions, including the terms and conditions for non-application of warranty, are specified in descriptions of such Goods and (or) in the manual books enclosed with the Goods.
9.2. The Customer understands that the color, shape and (or) other parameters of the Goods depicted on the Website can differ from the real shapes, colors and (or) parameters of the Item because of technical properties of device used by the Customer. Should you require more detailed information, advice, or directions regarding our Goods, please contact the Seller by email info@stageclix.com.
10. THE MARKETING MEASURES APPLIED BY THE SELLER
10.1. The Seller reserves the right, at its own discretion, to enter and (or) revoke at any time offers, promotions, or to change the prices of Goods published on the Website or any material or consent of the Website or without violation of the Customer‘s rights, including the terms and conditions of the Agreement made prior to such change.
11. EXCHANGE OF INFORMATION
11.1. The Seller shall send all notifications to the Customer‘s email address under the procedure provided in clause 2.2 of these Terms of Service.
11.2. The Customer shall send all his/her notifications and inquiries to the Seller to the contacts specified in clause 12.4 of these Terms of Service.
12. THE FINAL PROVISIONS
12.1. These Terms of Service form an integral part of the Rules. Inquiries relating to purchase of Goods on the Website and use of the Website not covered by these Terms of Service, are governed in the procedure of use of the Website and (or) other documents of the Rules. If there are any discrepancies between other documents that form the Rules and these Terms of Service, the Terms of Service shall prevail.
12.2. The Customer and the Seller agree that all disputes, claims and / or disagreements relating to the Agreement or that have arisen in connection with its execution, infringement, termination, or invalidity, shall be settled in the way of negotiation. If both sides cannot reach an agreement by negotiation, the disputed shall be settled in accordance with the legal acts of the British Isles as specified in the procedure of use of the Website.
12.3. The Seller shall be entitled to change, adjust, or supplement the Terms of Service in the way provided in the procedure of use of the Website. Therefore, the Terms of Service that are valid during placement of Goods order will be applied at the time of placement of Goods order by the Customer. In all cases the Customer shall undertake to make familiar himself/herself with the Terms of Service every time he/she places Goods order by ticking an appropriate box thus showing his/her familiarity with the Rules and that he/she understands the Rules available in the Website that are valid at the time of ordering Goods, including a valid version of the Terms of Service.
12.4. If you wish to notify us about infringement of the Terms of Service, should you have any inquiries, claims or should you require our assistance regarding interpretation of the Terms of Service or their application, please contact us by email info@stageclix.com or at the address Vilkpėdės g. 4, LT-03151 Vilnius, Lithuania. We will respond to your written inquiries within 14 (fourteen) calendar days from the date of receipt of inquiry.