Terms and Conditions of Sale and Purchase

  1. General provisions
  2. These Terms and Conditions of Business (the “Terms and Conditions”) outline the rights, obligations and responsibilities attached to the purchase of Goods on this Website.
  3. All the Terms and Conditions have been prepared in accordance with the laws of the Republic of Lithuania.
  4. The Seller reserves the right to change, amend or supplement the Terms and Conditions at any time. The Buyer may consult the amendments, corrections or additions each time before confirming the purchase order.
  5. By using this Website, the Buyer undertakes to comply with these Terms and Conditions, the other terms and conditions expressly set out herein and to not contravene the legislation of the Republic of Lithuania.
  6. The purchase of Goods is exclusively for personal (non-commercial) purposes. The purchase of Goods for commercial purposes is strictly prohibited.
  7. The sale and purchase of Goods is only available from the “Breathe the City” (Lith. Įkvėpti Miestą)category.
  1. Purchasing
  2. The Goods are purchased by:
  3. selecting the Goods on the Website and creating a shopping cart
  4. selecting the method of delivery or collection
  5. selecting the method of payment
  6. providing all requested Buyer details
  7. paying the purchase price in full according to the chosen payment method.
  8. Upon receipt of full payment of the price, a confirmation email is sent to the Buyer’s email address, confirming the successful conclusion of the Purchase Contract. Once this confirmation email has been sent, the Purchase Contract will be deemed to have been concluded.

 

  1. Additional conditions for the purchase of electronic Goods 
  2. Electronic Goods refers to all electronic goods (photographic images) which are marketed by the Seller at the time of order confirmation and which are advertised in the Shop.
  3. Upon confirmation of payment, the Seller will send a message to the e-mail address provided by the Buyer confirming that their order has been received. If the Seller is unable to confirm the Buyer’s order, the Seller undertakes to refund the money paid, within 14 (fourteen) days of the receipt of payment from the Buyer.
  4. The Buyer understands that after the confirmation and payment of the order, the Buyer will lose the right to withdraw from the concluded contract, as the Buyer may not, in accordance with Article 6.22810(2)(13) of the Civil Code of the Republic of Lithuania, exercise the right of withdrawal by notifying the Seller without stating a reason, within a period of fourteen (14) days. In the case of a contract on the provision of digital content, if the provision of the digital content has been started with the prior express consent of the Buyer and with the recognition of the fact that they will lose their right of withdrawal as a consequence of the contract (i.e. the Buyer understands that by confirming and paying for the order, the Buyer will lose the right to withdraw from this contract of sale), as the Goods will be provided to the Buyer immediately after payment.
  5. The Buyer will not be entitled to make copies of, modify, distribute, reproduce in any manner or form, or use the Electronic Goods or any part of them in any way other than as set out in this Contract and under relevant legislation.
  6. Understanding that the ownership of the Electronic Goods is not transferred and that no copyright or other intellectual property rights in the Electronic Goods are transferred or granted to the Buyer, the Buyerundertakes not to use the Electronic Goods in such a way as to infringe the copyright or other intellectual property rights of the Electronic Goods, and undertakes not to transfer them to any third party, nor to allow any third party to make any use of the Electronic Goods.
  7. In the event of misuse of the electronic product by the Buyer (non-compliance with these terms and conditions), the Seller will have the right to prohibit further use of the electronic product, and the Buyer will be obliged to cease such use immediately upon receipt of the request and will be liable to compensate the Seller and/or third parties for all direct and indirect damages incurred as a result thereof. Such a claim may be brought by any of the above-mentioned persons at any time, since the terms of this contract will remain in force for the entire period of use of the electronic product and for the entire period until the publisher (author), the seller and/or third parties have been duly compensated for the damages suffered.
  8. The Seller is not be liable for damages resulting from the misuse of the electronic product.
  9. Delivery of Goods
  10. The Buyer can choose from the following delivery methods:
  11. the goods can be delivered to the address specified by the Buyer via courier service
  12. the Goods can be collected by the Buyer at a self-service terminal of the Buyer’s choice
  13. the Goods can be transmitted to the Buyer electronically (if the Goods are electronic)
  14. The Goods will only be dispatched upon receipt of full payment of the price and a letter of confirmation (email of confirmation) of the successful conclusion of the Purchase Contract sent to the Buyer.
  15. The Buyer undertakes to accept the Goods in person or to specify the details of the person accepting the Goods on the order form. In the event that the Buyer or the Buyer’s authorised person is unable to accept the Goods in person and the Goods have been delivered to the address indicated by the Buyer and on the basis of the other data provided by the Buyer, the Buyer will not be entitled to claim for delivery to the wrong person or other delivery discrepancies.
  16. In all cases, the Seller will be exempt from liability for breach of the time limits for delivery of the Goods, if the Goods are not delivered to the Buyer, or are not delivered on time due to the fault of the Buyer or due circumstances of a Force Majeure.
  17. At the time of delivery, the Goods will be handed over to the Buyer and the fact of handover will be recorded in accordance with the procedures laid down by the carrier.
  18. At the time of delivery, the Buyer must inspect the condition of the consignment. If the Buyer notices that the packaging of the delivered consignment is damaged, the Buyer must note this on the invoice (waybill) or on any other document evidencing the handing-over and receipt of the consignment. Failure of the Buyer to mark the defects in the condition of the consignment will exempt the Seller from liability in respect of damage to the goods.
  19. The procedure and rates for delivery/transportation services in Lithuania will be specified at the time of selecting the method of delivery.
  20. The delivery/transportation service procedure and service fee for sending goods to other countries will be determined according to the weight of the transported Goods.
  21. When sending goods outside the Republic of Lithuania or the European Union, import taxes may apply. The Buyer will be solely responsible for the payment of any taxes in respect of the Goods, including, but not limited to, any import, customs, VAT and other taxes, where applicable.
  22. Obligations of the Buyer 
  23. The Buyer is responsible for the security of their login credentials and for any actions on the Site. Any order, registration or other action on the Online Shop on behalf of the Buyer will be deemed to have been made by the Buyer.
  24. In the event of any changes, the Buyer is responsible for the accuracy, correctness, completeness and timely correction of the data provided.
  25. Limitations of liability
  26. The Seller’s civil liability will only arise if the Seller is at fault.
  27. The Seller will not be liable for defects in or damage to the Goods caused by the delivery of the Goods, improper storage or use of the Goods, or by natural wear and tear of the Goods. Nor will the Seller be liable for any damage to the ordered Goods caused by the normal use of such Goods or by the actions of third parties in connection with damage to the Goods.
  28. The Seller’s maximum liability for any loss or damage arising from the purchase of certain Goods will be limited to the price of said Goods purchased by the Buyer.
  29. Payments
  30. The Buyer may make payment for the Goods using one of the following methods:
  31. Electronic banking. In this case, the responsibility for the security of the data rests with the respective bank. The Buyer is fully responsible for the correctness of the data and instructions provided in the system and for the protection of their passwords and means of identification.
  32. Bank card. In this case, the responsibility for the security of the data lies with the bank.
  33. Bank transfer – payment is made when the Buyer makes a payment order to the bank.
  34. The Buyer’s payment will be deemed to have been received when the funds are credited to the Seller’s bank account.
  35. If the Buyer fails to pay for the Goods within 48 hours of placing the order, the order will be cancelled.
  36. The Seller is entitled to organise and run various promotions, such as price reductions, at its discretion. The Seller is entitled to unilaterally and without prior notice change the duration, terms and conditions of promotions or cancel them. Any modification or cancellation of the terms and conditions of promotions will only be effective from the moment of their execution and will not apply to orders placed prior this.
  37. Intellectual property
  38. All intellectual property on the Website, its integral parts and the Goods or other content contained therein areprotected by copyright, trademarks, patents and other laws governing the protection of intellectual property objects.
  39. No copyright or intellectual property rights are transferred to the Buyer.
  40. The Buyer will not copy, publish, transmit, transfer, modify, adapt, create derivative works, rent, lend, sell, assign, distribute, license, reverse engineer or otherwise modify the purchased Goods in any manner, by any means, on any territory. Any copying, distribution, reproduction in any manner or form, and use of the Goods or parts thereof in any manner other than as provided for in the Purchase Contract and applicable law, may infringe intellectual property rights and the Buyer will be liable accordingly under relevant legislation.
  41. The name, ownership rights, intellectual property rights of this Website belong to the Seller.
  42. The Buyer may not copy, modify, publish, transmit or sell or in any other way exploit the content of the information, visualisations and data published on the Website without the prior consent of the Seller.
  43. The digitisation (e.g., in jpg or pdf format), and distribution of the Goods constitutes infringement of intellectual property rights.
  44. The Seller reserves the right to modify the content of this Website and these terms and conditions at any time without further notice.
  45. Complaints handling procedure, applicable law, and jurisdiction
  46. These Terms and Conditions will be made and interpreted in accordance with the laws of the Republic of Lithuania.
  47. The Buyer may lodge a complaint regarding the purchase of goods by e-mail to eshop@lamauskas.lt.
  48. Disputes will be settled in accordance with the law of the Republic of Lithuania and under the jurisdiction of the the courts of the Republic of Lithuania.