Terms & Conditions – DAINIUS BENDIKAS

OVERVIEW

This website is operated by designer DAINIUS BENDIKAS and his team. Throughout the site, the terms “we”, “us” and “our” refer to the team of designer DAINIUS BENDIKAS. DAINIUS BENDIKAS offers this website, including all information, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or using any part of this site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). Please read these Terms of Service carefully before accessing or using our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

You may not use information (including pictures, descriptions etc.) or any other content of this website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressed written permission by us.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more complete or more timely sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PRODUCTS, SERVICES AND PRICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy.

Presentations and photos of the products offered are only exemplary. We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product offer at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ORDERING, PAYMENT AND DELIVERY

When placing a purchase order, you must provide the necessary data for the order fulfilment, including the first name, the last name, phone number, email address, shipping address and any other information as requested.

The purchase–sale contract is considered to be concluded from the moment the payment for the order is received by us.

We accept the following payment methods: PayPal, Paysera and credit cards (Visa, Mastercard) processed via Paysera system. Please note that depending on your country of residence, either all or certain payments mentioned above can be available.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you by the e-mail and/or billing address/phone number provided at the time of placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers and/or distributors.

We deliver within the territory of Lithuania, all of the European Union countries, also to UK, Norway, Iceland, Switzerland, Monaco, Canada, the United States of America and Russia. Under a separate agreement, we can deliver to any other country in the world. To order this service, please send us an email to info@dainiusbendikas.com.

The following delivery fees apply:

EU and UK: delivery within the territory of Lithuania, other EU countries and the UK is free of charge;

Other countries (Norway, Iceland, Switzerland, Monaco, Canada, USA, and Russia): delivery fee to other countries is 18 EUR*.

* If more than one item is sent, additional costs may apply. For actual delivery costs, please follow the information at the checkout or contact us at info@dainiusbendikas.com.

Should the parcel be sent to the countries that are not listed above, please send us an email: info@dainiusbendikas.com regarding the delivery charges.

If you require the item to be delivered to a country outside of the European Union, you will be obligated to paying all of the import taxes, customs and/or intermediation charges, and provided that they are applicable – charges for the transportation or the distribution of the items listed in the order. You are held responsible for the provision of all the information and the documents required by the customs or other authorities of such country for proper and effective delivery of the ordered item to the customer. We recommend consulting the local customs’ authorities regarding the final price of the item delivered to the country in question prior to completing the purchase authorization.

We undertake an obligation to dispatch the item within the period of three working days from the day of receipt of the payment for the ordered item.

Orders sent within the Baltics (Latvia, Estonia and Lithuania, with an exception for Neringa region) and to Poland are delivered directly to the address provided in the order by parcel delivery company’s Venipak within the period of 2-5 working days from the day of dispatch. We will not send item dispatch confirmation.

Orders sent to other countries and to Neringa, Lithuania are sent by registered mail using the services of the Lithuanian Post (more information is available at www.post.lt)., We will send an email upon the dispatch, which contains the item’s shipment number for tracking its route. Items dispatched by the Post are delivered within the period of 5-18 working days from the day of the dispatch. Local postal service provider bears the responsibility for the delivery and the final handling of the parcel at the post abroad.

When dispatching to non-European Union countries, you may be requested to pay customs or other charges applicable at the destination country. We take no responsibility for any customs or other charges applied in such a country.

Express shipping is available for an extra fee both when shipping inside of Lithuania and abroad. To order this service, please send us an email to the info@dainiusbendikas.com.

If inaccurate information or incorrect shipping address is provided, you will be obligated to reimburse us for all related expenses incurred from delivery, etc.

REFUND POLICY AND EXCHANGE

You are entitled to return or exchange the items that are not suitable for you according to the Lithuanian legislation within the period of 14 calendar days from the day of the receipt of the order (Order No. 271 of the Minister of Economy of 29 June 2001 and Order No. 258 of the Minister of Economy of 17 August 2001).

Only items ordered directly from this website can be returned or exchanged following the steps described below. Items purchased at a retail store or from any other websites must be returned to the original store or website they were purchased from.

Replacement or return are possible only if the items were not used, are not dirty, have not been custom made, the items’ original labels and all other packaging’ elements are not damaged and sent back together. We cannot accept late returns or returns if the mentioned requirements have been breached.

Requests regarding return or exchange of the items must be sent to us to info@dainiusbendikas.com. A receipt or any other proof of purchase must be sent together with the request.

Expenses related to the exchange or return of an item in a good quality shall be covered by you. All items must be returned to our specified address.

You are held responsible for the shipping of returned items back to us. We take no responsibility for any damage, destruction or loss of the item during its delivery back to us and we will not cover any losses. We recommend choosing the most reliable mode of shipment and ensuring that the item is sent back to us.

Once the returned item is received and inspected by us, we will send an email confirming the receipt of the returned item. We will also notify you about the approval or rejection of the requested refund.

If the refund request is approved, the refund is being processed and the money is sent back by the original method of payment or to the bank account given in your request. Refunds for returned items are usually made within 14 calendar days.

In case of return of the items bank expenses related to the refund to your bank account as well as any other charges related to the return of the item, if any, shall be covered by you.

If the refund has not been received, we will primarily recommend checking your bank account once again or contacting your bank, since it may take some time before the refund is officially posted. There is often a processing period before the refund is posted. If all of the steps mentioned above have been made and no refund payment has been received yet, please contact us at info@dainiusbendikas.com.

We can only exchange a quality item for the same model if the item of the requested size and/or colour is in stock. If the requested colour or size is not in stock, we can then process a refund or exchange the item for another item on which we would agree on separately.

The shipping costs of the exchanged quality item shall be covered by you.

If a faulty item is received, we will be obligated to replace the faulty item with the quality item of the same model, size, and colour at our own expense.

We undertake an obligation to dispatch the replaced quality item to you within the period of three working days from the day of receipt of the faulty item and of confirmation that the item is faulty but only if the replaced item of the requested size and/or colour is in stock.

If we cannot replace the faulty item with the analogous quality item, we will be obligated to refund your payment made for the faulty item. In the latter case, we would inform you by email.

The refund is being processed and the refund payment is sent back by the original method of payment or to your bank account. Refunds for faulty items are made within 5 calendar days.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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 carefully review 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.

PERSONAL INFORMATION

The submission of your personal information through the store is governed by our Privacy Policy.

ERRORS AND INACCURACIES

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.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 оr local 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.

DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

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 providing you with the notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

SEVERABILITY AND TERMINATION

In the event that any provision of these Terms of Service 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 Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Lithuania.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this website.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@dainiusbendikas.com.

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PRIVACY POLICY

WHAT DO WE DO WITH YOUR INFORMATION

Whether by using our store or communicating with us, as part of the buying and selling process, we may collect the personal information you give us such as your name, last name, address (home/shipping/billing address, zip code, city, country), phone number, email address and other personal data you submitted to us.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

We use the information you provide only to process and complete the orders that are placed in our store. We do not share this information with the outside parties except to the extent necessary to complete that order: IT specialists to provide DAINIUS BENDIKAS with e-commerce maintenance and assistance, payment operators to make payments (e.g. PayPal or Paysera), delivery companies to deliver your orders (e.g. Venipak and Lithuanian post), accountants to provide DAINIUS BENDIKAS with bookkeeping services.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register at our website, should you wish to receive our newsletter as well as updates on our new products and services. Information that you submit on our website will not be used for this purpose unless you fill out the registration form.

You can also register with our website if you would like to receive updates on our products which are out of stock. Information that is submitted on our website will not be used for this purpose unless you fill out the registration form.

We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.

Your personal data will be stored by us as long as it is deemed necessary to perform the buying and selling contract, provide services, and after that time for a period corresponding to the period of limitation of claims and other governing laws (e.g. bookkeeping), until you withdraw your consent (to the extent that data is processed on the basis of consent) or until you object.

We may disclose your personal information if we are required to do so by law or if you violate our Terms of Service.

CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, place an order, arrange for a delivery or return a purchase, we imply that you consent to us collecting your data and using it for that specific reason only.

If we ask for your personal information for a secondary reason, such as marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to refuse.

How do I withdraw my consent?

If you have changed your mind after you opted-in, you may withdraw your consent for us to contact you for the continued collection, use or disclosure of your information at any time by contacting us at info@dainiusbendikas.com or by social media channels.

COOKIES

We use cookies, or tiny pieces of information stored on your computer, to verify who you are. Cookies help us to improve our website and to deliver a better and more customized service for you.

You may refuse to accept cookies by activating the setting on your browser, which allows you to reject the setting of cookies. However, if you reject this setting, you may be unable to access certain parts of the store or unable to avail of any of our services. Unless you have adjusted your browser settings so that it will reject the cookies, our system will issue cookies when you log on to our site.