Terms of ServiceAugust 9, 2022 2022-09-21 10:25
Terms of Service
1. General Provisions
1.1. These Terms and Conditions together with any other Website’s documentation are intended to provide information on Company, provide to Buyers the rules on dealing through the Website.
1.2. Sales carried out through the Website are made between the Company and respective Buyers:
1.2.1. these Terms and Conditions set out contractual relationships between Company and Buyers;
1.2.3. in particular these Terms and Conditions do not set the terms of specific transactions being concluded between Company and Buyers such as: purchase price and shipment dates; they will be set due choosing the Goods and executing transaction;
1.2.4.Please be advised that these Terms and Conditions may change from time to time in accordance with the procedure provided in the document. Company strongly recommends Buyers to read the Terms and Conditions from time to time in order to fully familiarize themselves with the particular terms in force at any given time.
2.1. Company – Medica Solutions LTD, with its registered office at J. Savickio str. 4, LT01108, Vilnius, the Republic of Lithuania.
2.2. Website – website which has internet address www.medicasolutions.eu
2.3. Account – an account which gives a possibility for the Buyer to use Services provided in the Website and get all of the benefits from it.
2.4. Buyer – a natural or juridical person who acts in relation to these Terms and Conditions for the purposes to buy the Goods from Company.
2.5. Sales Contract – any contract between the Company and the Buyer which obliges the Company to provide the Goods the Buyer and the Buyer to pay the price thereof.
2.6. Goods – items which are listed to sell on website;
2.7. Terms and Conditions – this set of rules that determines the rights and obligations of Company and Buyers and the terms regulating the use of the Website.
3. Applicability of these Terms and Conditions
3.1. Buyers hereby agree to and accept these Terms and Conditions in its entirety and without any reservations. Acceptance of these Terms and Conditions is a necessary condition for rendering Services.
3.3. Users (Buyers) who are prohibited from using the Website due to regulations of the respective state or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Website.
3.4. Each User confirms that they are at least 16 (sixteen) years old or have reached the age under respective country’s laws which allows them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, each User confirms that there are no restrictions under respective country’s laws for them to use Services provided by Company.
3.5. Limitations to use any services of Company:
3.5.1. Company has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of the Terms and Conditions on the Website. By further using of the Website and the Services, Buyers confirm being bound by all changes to these Terms and Conditions. The amendments of the Terms and Conditions come into effect in 10 (ten) days after the announcement on the Website unless it is explicitly stated otherwise.
3.5.2. Buyers may enter into additional separate agreements with Company. In case of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of additional agreements shall prevail unless explicitly provided otherwise in the said additional agreements.
3.6. Company communicates with Buyers by sending e-mails or through the Website Account’s electronical system by leaving notices to them, or through distribution of notices via communication channels within other services. Users and Vendors unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that Company electronically provides shall meet any legal requirements of such communication in writing.
4.2. Each Buyer is obliged to disclose their place of residence. Users are hereby informed that Company may use tools to detect the localization of computer network device (and the connection) as regards the place of origin from which the registration is performed. Each Buyer is entitled to set up only one account.
4.3. As per its internal procedures Company may from time to time carry out KYC ( know your client) procedures and request from its Buyers presentation of proper documents and information related to their identity and activities within the Website. Such may include Buyer’s identification documents as well as various documentation, confirming Buyer’s legal status, registered address, authorization to represent the Buyer, VAT identification number and other data that may be necessary in a given case. Failure to provide such documents and information within the term set by Company may constitute the reason to refuse registration and (or) be the grounds for suspending or terminating an already registered Account.
4.5. At any time, Company believes that the Account is at high risk of making damage to any person, Company has all the rights to suspend the use of the Account by restricting access logging into the Account, withholding transactions and etc. After the risk is eliminated (in the sole discretion of Company), Company shall reactivate the Account. In the situation where the manager of an Account violates law or these Terms and Conditions, Company has the right to terminate the Account. Company shall be entitled to suspend or terminate the use of the Account provided that in the opinion of Company any other circumstances occur which may result in risk to any person or breach of laws.
4.6. Buyers are responsible for reasonable care of their Account and they must ensure that their e-mail address is up to date. Company is not responsible for situations where Buyers do not receive information because of their negligence.
4.7. In the situation where Company decides that the Website must be modernized or it is having technical problems, Company has the right to restrict the possibility of logging into Accounts or using respective Services or even general access to the Website.
4.8. Buyers acknowledge that giving away login details of their Account to another person could cause damage to Company or third persons. Buyers are liable for securing that type of information and in the case where they fail to ensure that, Buyers are responsible for eliminating all caused damage.
4.9. Services (or any other functionalities incorporated into the Website) may differ between different countries or regions. Company does not provide any guarantee to the effect that a service or functionality of a certain type or reach will be available for all Buyers. Company reserves the right to restrict, decline or create another level of access relating to the use of Services (or any other functionality incorporated into the Website) for different individual Buyers.
4.10. Buyers shall not use other Accounts and will not make their Accounts available to other Buyer or any third parties. The above shall not apply to the Buyers making their Account available to the persons duly authorized to act on their behalf as well as their employees, authorized by the Vendor to use the Account. To the extent permitted by law, Company shall be exempted from any liability against Buyers related to such violating this provision. For avoidance of doubt, User Buyers shall assume all liability for actions and outcomes of actions of persons whom they provided with the access to their Account.
4.11. Buyers are obliged to keep their registration data up-to-date and swiftly inform Company on any changes of such data.
5. Terms and Conditions of Use
5.2. All rights not expressly granted to the Buyers in these Terms and Conditions are reserved and retained by Company or their owners, licensors, suppliers, publishers or other authorized persons.
5.3. Any intellectual property objects such as any texts, graphic materials, interactive functions, logos, photographs, files, software on the Website, except for those uploaded, transmitted, made available, published by Company, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Website constitute intellectual property of Company. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights. Any such rights are reserved for Company. Any trademarks, marks and trade names constitute Company property.
5.4. Unless with written express Company consent, neither Buyers are allowed to: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Website nor use them otherwise. It is forbidden to retrieve the Website content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without express written permission of Company. The use of any content or materials available on the Website for purposes not specified in the Terms and Conditions is prohibited, especially any use, publication, copying in any form – whether electronic, mechanic, photographic or other (All Rights Reserved).
5.6. Company is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. Company recommends reading all documents on sites of such providers. Buyers acknowledge that Company has no control of these providers actions.
5.7. Buyers including, but not limited to, confirm and state that they:
5.7.1. will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Buyers Accounts, nor provide any false information which could mislead Company, other Buyers;
5.7.2. will not attempt to hack, modify, disable or affect in any other way the Website or challenge its security;
5.7.3. will not use the Website for any other purposes than as it is intended to be used considering the purposes of Company Services;
5.7.4.will not try to collect any personal data which is being held at the Website system without the consent of particular data subject and will not offend or deceive other Buyers;
5.7.5.will not use the Website for any illegal purposes or for violating any laws, including provisions relating to copyright, intellectual property rights and other property rights protection;
5.7.6. will not try to interfere with the Website’s activity or prohibit other Buyers from using the Website (or making it difficult to use);
5.7.7. will not transfer for remuneration nor in any other way make available for remuneration part or whole of their Account;
5.7.8. will not make transactions with money from illegal or undisclosed sources.
6. Purchasing the Goods
6.1. When purchasing Goods, the Buyer is responsible for reading the Good description in full before the Buyer commits to buy.
6.2. Buyers are hereby informed that the prices of the Goods displayed on the Website do not include shipping fees that will be shown on the checkout page.
6.3. Buyer wishing to purchase a Good must bear in mind that when they commit to buying an item for an agreed price, they are entering into a legal contract with the Company.
6.4. Buyer shall purchase a specific Good only if the Buyer meets the requirements (restrictions) (such as restrictions on age or country of delivery) described in the listing.
6.5. For the purposes of placing an order, the Buyer shall be obliged to provide data necessary for dispatch and delivery of the Goods (including but not limited to correct and accurate delivery address).
6.6. Buyers are obliged to ensure that all the information and data given during placing of an order is true and up to date.
6.7. All the information on the Website referring to the Goods (including their prices) shall be understood as an invitation by the Company for the conclusion of the sales contract. Information regarding the Goods price placed on the Website is binding at checkout upon final placement of the order with obligation of payment. The Buyer and the Company agree that changes in the price or description of the Goods available on the Website will not affect their sales contract that has been finalized before such change.
6.8. After placement of Buyer’s order Buyer will receive confirmation of Buyer’s payment and purchase of the Goods.
6.9. The Goods shall not be considered bought until the payment is completed by the Buyer.
7.1. Company may make use of various courier services in order to deliver Goods purchased by Buyers via the Website.
7.2. Before accepting the order, Buyer shall choose shipping method available for the Good to be sold.
7.3. Shipping fee is always added atop the price of listed Good as to be paid by the Buyers. Shipping fee may vary based on the Buyer’s geographical location and selected shipping method. Additional terms may apply for using chosen shipping services. Buyers are advised to always check them before placing an order.
7.4. After the Company and the Buyer enter into a contract for the purchase of Goods, the Company shall receive a confirmation of such transaction. After receiving such confirmation, the Company will ship sold Goods via one of the available shipping methods.
7.5. The Company will carefully prepare sold Goods for shipping so that they do not suffer any damage during the transit process.
7.6. In case the Company fails to dispatch the parcel within 5 (five) business days after receipt of confirmation of the transaction, Company shall be entitled to refund the purchase price to Buyer’s bank account.
7.7. Upon the Company dispatching the parcel, the Buyer will be provided with the details enabling them to track delivery of the parcel.
7.8. Buyers shall within 48 hours after delivery inspect received Goods and in case of any discrepancies with the listing description, create a complaint.
7.9. In case of a failure to deliver Goods to the Buyer, such will be returned to the Company, the costs for delivery and return of the package may be transferred to the Buyer.
7.10. Please note, that all packages are carried and delivered by Companies carrier partners and Company does not provide any carriage services itself.
7.11. Company shall not be responsible for sent parcels, packages and Goods which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike, unless otherwise clearly stated within specific terms applicable to separate shipping service offers (as may be provided to Buyers before publishing the listing).
7.12. When using postage services, terms and conditions of a particular provider may apply.
8. Payment Terms
8.1. Buyers must pay to the Company for Goods using the payment services available on the Website.
8.2. Payments must be made in the currency specified on the Website and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive of shipping costs and that Buyers may choose to use.
8.3. Payment for Goods shall be made in advance.
8.4. Company may at any point in time upon its sole discretion suspend and (or) cancel any transaction and (or) requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Company and (or) any Buyer or third party.
9.1. Company’s liability is excluded in relation to:
9.1.2. any adverse consequences resulting from access, use of or inability to use the Website due to reasons beyond Company control;
9.1.3. any actions taken by Company in relation to Buyers related to infringement of these Terms and Conditions or applicable laws. Such include suspending or terminating Accounts or limiting functionality of the Website;
9.1.4. implications of any access to data and information being reached by third persons in an unauthorized way which was not possible to track in time, unless Company did not take reasonable actions as soon as possible to prevent the consequences, also where any adverse consequences to private data occur subject to actions and omissions of Buyers;
9.1.5. any adverse consequences due to viruses, trojan horses etc. which may be transferred to the Website or through the Website by third parties, except that Company shall ensure that all the reasonably available measures are taken to remove such threats;
9.1.6. laws or any third-party rights infringed by Buyers, in particular in relation to any damages caused to third parties by Buyers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the third persons have the claims or rights to the Digital Content or physical products;
9.1.7. transaction of purchase being not completed because of the technical problems in one of the proposed payment methods on the Website;
10. Events Outside Company Control
10.1. Company will not be liable or responsible for any failure to perform, or delay in performance of, any of Company obligations under these Terms and Conditions that is caused by an Event Outside Company Control.
10.2. An Event Outside Company Control means any act or event beyond Company reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3. If an Event Outside Company Control takes place that affects the performance of Company obligations under these Terms and Conditions:
10.3.1. Company will contact the affected Buyers as soon as reasonably possible to notify such; and
10.3.2. Company obligations under these Terms and Conditions will be suspended and the time for performance of Company obligations will be extended for the duration of the Event Outside Company Control.
11.1. If Buyers have experienced any violation of their rights caused by Company Services provided in Terms and Conditions, they have the right to file a complaint. The complaint must be sent to Company by the e-mail which is specified in Terms and Conditions. Company puts its best efforts to have all complaints resolved within 14 (fourteen) days after receiving such.
11.2. Buyers are entitled to submit complaints regarding services supplied by Company to State Consumer Rights Protection Authority (Vilnius St. 25, LT-01402 Vilnius, Lithuania, email firstname.lastname@example.org, tel. +370 5 262 67 51, website www.vvtat.lt).
12.1. Buyers can terminate the agreement with Company by removing their Account from the Website. It can be done by submitting the request at their Account’s system. Company deletes the Account within 7 (seven) days after the day the request was submitted. During this period, the respective Buyers has the right to cancel the removal of the Account.
12.2. During the period of agreement termination, the Buyer cannot create another Account on the Website.
12.4. Company may temporarily restrict or suspend access to Buyers Account if its security is compromised in any way or if significant violations of this agreement or the law (by the Buyers) are discovered (if Company does not terminate the agreement because of this). Execution of decisions provided in this Section cannot violate consumer rights.
13. Final Provisions
13.2. Without the permission of Company, Buyers have no right to transfer their obligations, claims or rights to third persons. Buyers agree that Company shall have the right to transfer its rights and obligations arising from the agreements to third persons. Company will inform of such transfer on the Website.
13.3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
13.4. These Terms and Conditions and the relations between Company and Buyers in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the Republic of Lithuania. Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania according to the Company’s registration.
13.5. Except otherwise provided in these Terms and Conditions, no delay of Company or Buyers to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed, or this right may not be exercised in the future.
13.6. All the data and information stored on the Website can be used by Company on purpose to its functioning.
13.7. In the event Terms and Conditions are translated into other languages and if there are differences between the Lithuanian version and such translation, the Lithuanian version shall prevail, unless provided otherwise or unless such apparent inconsistency arises out of a difference in legal requirements in a specific jurisdiction.