This agreement applies as between you and Katrina Bajoras, MB, Šaltinių g. 13-20, LT-03214,  Vilnius, Lithuania, (hereinafter “Bajoras”, “we” or “us”). Your agreement to comply with and be  bound by these terms and conditions is deemed to occur upon your first use of the website and our  online shop.  

1. General Terms and Conditions 

1. The provisions set out in these Terms govern your access to and your use of our website and  shall constitute a legally binding agreement between you and us. We may change such terms  from time to time and shall notify you accordingly if we do. If you do not agree to such  terms, you must not use our website.  

2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non exclusive and non-transferable license to use our website on these Terms. 

3. By registering for an Account, which involves providing us with certain mandatory and  voluntary information as required for a successful registration and using our website, you  agree and acknowledge that:  

3.1. you have read the terms set out in these Terms and agree to be bound by and comply  with them; and 

3.2. you shall ensure that all Users of your Account abide by these Terms.  

4. You are responsible for maintaining the confidentiality of your Account and you are  responsible for all activities that occur under your Account. You agree that all actions carried  out by any person through your Account shall be deemed to be an act carried out by you, and  you shall ensure that all persons who have access to and use your Account are authorised to  do so. We are not responsible for any loss, damage or liabilities arising as a result of or in  connection with the wrongful, fraudulent or illegal use of your Account. 

5. We reserve the right to, without any notice, explanation or liability and in our sole discretion,  refuse to allow you or suspend your access to our website or your Account at any time, or  remove or edit content (including content submitted by you) on our website or on any of our  affiliated websites (including social media pages).  

6. We reserve the right to change, modify, suspend or discontinue any portion of the Services,  our website or any other products, services, affiliated websites (including social media  pages) and/or other software provided by us in connection with any of the foregoing at any  time. You agree that access to or operation of any of the foregoing may from time to time be  interrupted or encounter technical difficulties. 

7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any  content to, our website or any of our affiliated websites to advertise, promote or market any  products or services of any third party or yourself. 

2. Intellectual Property 

All Content included on the website, unless uploaded by Users, including, but not limited to, text,  graphics, logos, icons, images, sound clips, video clips, data compilations, page layout,  underlying code and software is the property of Bajoras, our affiliates or other relevant third  parties. By continuing to use the website you acknowledge that such material is protected by  applicable Lithuanian and International intellectual property and other relevant laws. 

3. Basis of Order and Acknowledgement 

3.1. The Contract is subject to these terms and conditions to the exclusion of all other terms and  conditions (including any terms and conditions you purport to apply in any Contract).  3.2. Minimum order quantities and/or values may apply at our discretion.  

3.3. You represent that you are at least 18 years of age, and if you live in another state or country,  you are of the age necessary to enter into contracts according to the laws of your home state  or country. 

3.4. A Contract shall not be effective until we have issued written acknowledgement and  acceptance of such Contract (notwithstanding any earlier confirmation of receipt).  3.5. We may in our sole discretion decline any purchase order placed by you. No change or  modification of the Contract shall be allowed after acceptance by us unless accepted in

writing by us. If there is any conflict between the prices indicated online and our  acknowledgement of the Contract, then the latter shall take precedence. 

4. Products Descriptions and Prices 

4.1. We do our best to ensure that the information about our products is accurate and up to date.  However, we do not guarantee that there will be no errors in the description and/or pricing of  the Products, or that Products will always be available if you wish to place an Order to  purchase them.  

4.2. Please note that: a) the colors you see on your screen may depend on your computer system  and settings, so we cannot guarantee that your computer will accurately display such colors  (different LCDs, monitors etc.). 

4.3. We reserve the right to modify the information about Products displayed on our Site,  including as regards prices, description and availability. However, such changes will not  affect Orders for which you have already received an Order Receipt email. 

5. When Orders are not accepted 

5.1. While we do our best to always accept Orders, we could however refuse an Order in certain  cases, for example if: you provide us with incomplete, incorrect or fraudulent information  regarding your identity, age, payment details, billing information, shipping address; we  discover that there was an error on our Site relating to the Products you ordered, for example  as regards the price or description displayed the Products you ordered are unfortunately out  of stock or no longer available; We have reasonable grounds to believe that you intend to  resell the Products. If we cannot accept your Order we will contact you by email as soon as  possible but in any case no later than 30 days from the date of your Order.  

5.2. If we cannot accept your Order because the Products are no longer available, or because of  an error in the price and/or other information on our Site, we will refund you any money you  may have already been charged for such Products. 

6. Cancellation of Orders 

6.1. Bajoras reserves the right to cancel, at any time before delivery and for whatever reason, an  Order that it has previously accepted. Bajoras may do this for example, but without  limitation, where: 

6.1.1.Bajoras’s suppliers are unable to supply Products that they have previously promised to  supply; 

6.1.2.an event beyond Bajoras’s control, such as storm, fire, flood or failure of computer  systems, means that Bajoras is unable to supply the Products within a reasonable time; 6.1.3.Products ordered were subject to an error on the website, for example, in relation to a  description, price or image, which was not discovered prior to the Order being accepted; 6.1.4.you ask Bajoras to cancel your Order; or 

6.2. You may cancel your Order where Bajoras: 

6.2.1.has breached a material term of this Agreement; 

6.2.2.is not able to deliver your Order within a reasonable time of the estimated delivery time,  other than a result of any delay: (i) for which you are wholly or partly responsible such  as a failure to provide the correct delivery address or to pay for the Products; or (ii)  which was outside Bajoras’s control. 

6.3. Where Bajoras cancels your Order after acceptance it will send you an e-mail notifying you  of cancellation. 

6.4. In the event of Bajoras or you are cancelling your Order after payment has been processed,  Bajoras will refund any money paid in respect of that Order, typically within 14 days.  6.5. Except to the extent otherwise required by law or as expressly set out in these terms and  conditions, Bajoras will not be liable to you, or any other person, for any loss, damage, cost  or expense suffered as a direct or indirect result of cancellation of your Order, whether in  contract, negligence or any other tort, equity, restitution, strict liability, under statute or  otherwise at all. 

7. Availability of Products

You acknowledge and agree that, from time to time, certain Products may be out of stock or  unavailable. Bajoras reserves the right to withdraw or suspend from sale any Products displayed  on the website, either temporarily or permanently, at any time without notice to you. Except to the  extent otherwise required by law, Bajoras will not be liable to you, or any other person, for any  loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any  Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict  liability, under statute or otherwise at all. 

8. Passing of Risk and Title 

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial  and equitable title to the Product shall remain vested in us (even though they have been delivered  and risk has passed to you) until we give written notice to you to pass legal and beneficial  ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all  the Product has been received by us; and (b) all other money payable by you to us or under the  Contract or any other contract or order has been received by us. Our rights and remedies set forth  herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights  or remedies under the Contract or in law or equity. We shall be entitled to maintain an action  against you for the price of the Product notwithstanding that legal, equitable and beneficial title to  and property in the Product has not passed to you.  

9. Chargebacks 

You agree to contact Bajoras prior to raising a request for a chargeback or any dispute with your  bank or card issuer in relation to any Transaction. If you make a card payment through Bajoras,  and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason  (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right  to blacklist you by providing compelling evidence to refute your invalid chargeback request and  or pursue legal action as the case may be. 

10. Warranty  

10.1.We warrant that any Product furnished hereunder shall, at the time of delivery, be free from  defects in material and workmanship. You shall submit to us reasonable written details  establishing a breach of the warranty set forth above. Unless agreed otherwise by us in  writing, our liability for failure of any Product to comply with the foregoing shall be limited  to replacing that Product found. We shall pay all reasonable return packaging and  transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us  any Product which have been replaced. 

10.2.We shall not be liable for a breach of the warranty in any of the following circumstances: (i)  the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii)  the Product has not been used in accordance with our instructions; (iii) normal wear and tear,  willful or accidental damage; (iv) the price for the Product, or any other Products or services  supplied by us or our affiliates, has not been received in full. 

10.3.Minor deviations from specifications which do not affect performance of the Product shall  not be deemed to constitute defects in materials or workmanship or a failure to comply with  the specifications referred to. 

11. Exclusion and Limitation of Liability 

11.1.These terms and conditions set out our entire liability (including any liability for the acts or  omissions of our sub-contractors) in respect of the Product supplied by us and any  representation, statement or tortious act or omission including negligence arising under or in  connection with the Contract. Nothing in these terms and conditions shall exclude or limit  our liability for death or personal injury caused by our negligence or for fraudulent  misrepresentation or for any liability that cannot legally be excluded or limited.  

11.2.In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual  profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or  revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising  as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss  resulting from use, application of or results obtained from any software incorporated into the  product.  

11.3.We shall not be liable for any such loss whether or not any such loss or damage was  foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of  or in connection with the performance or contemplated performance of the contract whether  for negligence or breach of contract or for any cause whatsoever shall in no event exceed the  price paid by you for the product giving rise to your claim.  

11.4.To the extent permitted by law, the period in which any claim arising out of or related to the  contract must be brought is limited to one year from the date that such claim or cause of  action is discovered or should have been discovered with the exercise of due diligence, and  no claim may be brought after the expiry of this agreed limitation period.  

11.5.Every effort has been made to ensure that these terms and conditions adhere strictly with the  relevant legal provisions. However, in the event that any of these terms are found to be  unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these  terms and conditions and shall not affect the validity and enforceability of the remaining  terms and conditions. This term shall apply only within jurisdictions where a particular term  is illegal. 

12. Accuracy of Billing and Account Information 

12.1.We reserve the right to refuse any order you place with us. We may, in our sole discretion,  limit or cancel quantities purchased per person, per household or per order. In the event that  we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We  reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by  dealers, resellers or distributors. 

12.2.You agree to provide current, complete, and accurate purchase and order information for all  purchases made at our store. 

12.3.You agree to promptly update your order information, including your email address and  credit card numbers and expiration dates, so that we can complete your transactions and  contact you as needed. 

13. Privacy 

For the purposes of applicable data protection legislation, Bajoras will process any personal data  you have provided to us in accordance with our Privacy Policy. You agree that, if you have  provided Bajoras with personal data relating to a third party (i) you have in place all necessary  appropriate consents and (ii) that such third party has read our Privacy Policy. You agree to  indemnify Bajoras in relation to all and any liabilities, penalties, fines, awards, or costs arising  from your non-compliance with these requirements. 

14. Disclaimers 

Bajoras makes no warranty or representation that the Products will meet your requirements, that it  will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the  rights of third parties, that it will be secure, and that all information provided will be accurate. We  make no guarantee of any specific results from the use of our Products. 

15. Availability of the website 

15.1.The website is provided “as is” and on an “as available” basis. We give no warranty that the  website will be free of defects and / or faults. To the maximum extent permitted by the law  we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of  information, compatibility and satisfactory quality. 

15.2.Bajoras accepts no liability for any disruption or non-availability of the website resulting  from external causes including, but not limited to, ISP equipment failure, host equipment  failure, communications network failure, power failure, natural events, acts of war or legal  restrictions and censorship.

16. Other important terms 

16.1.We may transfer our rights and obligations under these Terms to another organization, but  this will not affect your rights or obligations under these Terms.  

16.2.In the event that any party to these Terms and Conditions fails to exercise any right or  remedy contained herein, this shall not be construed as a waiver of that right or remedy. 16.3.You may only transfer your rights or your obligations under these Terms to another person if  we agree in writing. 

16.4.No joint venture, partnership or agency or employment relationship has arisen by reason of  these Terms. 

16.5.These Terms and any document expressly referred to in it constitutes the entire agreement  between us regarding their subject matter, and supersedes and extinguishes all previous  agreements, promises, assurances, warranties, representations and understandings between  us, whether written or oral, relating to that subject matter. You agree that you shall have no  remedies in respect of any statement, representation, assurance or warranty (whether made  innocently or negligently) that is not set out in these Terms or any document expressly  referred to in it. You agree that you shall have no claim for innocent or negligent  misrepresentation or negligent misstatement based on any statement in these Terms or any  document expressly referred to in it. 

16.6.If we fail to insist that you perform any of your obligations under these Terms, or if we do  not enforce our rights against you, or if we delay in doing so, that will not mean that we have  waived our rights against you and will not mean that you do not have to comply with those  obligations. If we do waive a default by you, we will only do so in writing, and that will not  mean that we will automatically waive any later default by you.  

16.7.Each of the conditions of these Terms operates separately. If any court or competent  authority decides that any of them are unlawful or unenforceable, the remaining conditions  will remain in full force and effect.  

16.8.These terms and conditions and the relationship between you and Bajoras shall be governed  by and construed in accordance with the Law of Lithuania, and you agree to submit to the  exclusive jurisdiction of the Courts of Vilnius.

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