MONAXIS UAB Rules for online shopping

The revision shall enter into force on 14 January 2023

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING OR REGISTERING ON OUR ONLINE SHOP. BY REGISTERING, YOU CONFIRM THAT YOU ACCEPT THESE RULES. IF YOU DO NOT AGREE TO THE PROVISIONS SET OUT IN THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE WEBSITE AND/OR THE SERVICES AVAILABLE AT www.monaxis.lt.

1. General provisions

1.1. These Terms and Conditions of Purchase (“Terms”) govern the purchase and sale of goods and services sold on the website www.monaxis.lt (“Online Shop”) operated by UAB Monaxis (“Seller”) in accordance with the provisions of the Terms and Conditions of Purchase and Sale of Goods 5.1. the terms and conditions for the persons referred to in clause 1 (the “Purchasers”).

1.2. These Terms and Conditions are a binding legal document that sets out the rights, duties and responsibilities between the Buyer and the Seller and other provisions relating to the purchase of goods and services offered by the Seller when the Buyer purchases goods and services in the Online Shop. The Customer may only purchase goods and services in the Online Shop after accepting the Terms and Conditions. Once the Buyer has acknowledged receipt of the Terms and Conditions, the Buyer undertakes to comply with and abide by them. By purchasing goods and services on the Online Shop, the Customer agrees to the application of the Terms and Conditions and confirms that he/she has understood them. In the event that the Customer has not read and/or understood the Terms and Conditions or has not agreed to them, the Customer may not purchase goods and services from the Online Shop.

1.3. The Buyer is advised to print these Terms and Conditions for future reference.

1.4. The Rules may be amended in accordance with the procedure laid down in paragraph 6. We recommend that you review the Terms and Conditions each time you order Goods to ensure that you fully understand the terms and conditions under which your order will be placed.

1.5. Sale and Purchase Agreements between the Seller and the Buyer are concluded in Lithuanian.

2. Information about the Seller

2.1. The Seller is UAB Monaxis, a company incorporated and operating under the laws of the Republic of Lithuania, Monaxis, registered office at Užupio g. 8-12, Vilnius, Lithuania, legal entity code
302657332, VAT payer code LT100006352916

. Data on the Seller shall be collected and stored in the Register of Legal Entities, managed by the State Enterprise Centre of Registers.

2.2. For more information about the Seller, please see “About us”.

2.3. You can find the contact details of the Seller in the “Contact” section.

3. Goods and services

3.1. The images of the products in the online shop are for illustrative purposes only. Notwithstanding the Seller’s best efforts to display the colours of the Goods as accurately as possible, the Seller cannot guarantee that the display of the Buyer’s device will accurately reflect the colours of the Goods. The buyer understands that the goods may differ slightly from their images.

3.2. The packaging of the goods may differ from that shown in the images on the Online Shop.

3.3. Unless expressly stated otherwise, all Goods available in the Online Shop are available. In the event that the Goods ordered are no longer available, the Buyer shall be immediately notified by e-mail or other means and the order for such Goods shall be terminated.

3.4. The Seller shall have the right to set a minimum and/or maximum order quantity or order quantities for certain goods or services.

4. Processing of personal data

4.1. The Seller processes the Buyer’s personal data in accordance with the Privacy Policy.

4.2. Before confirming his/her acceptance of the Terms and Conditions, the Buyer must also read the Online Shop’s Privacy Policy. Upon confirmation of the Customer’s acceptance of the Terms and Conditions, the Customer shall be deemed to have read and agreed to the Privacy Policy.

5. Concluding a sale and purchase agreement

5.1. You can buy the Goods in the online shop:

1. a) Consumers – natural persons over the age of 18 years who intend to purchase goods or services from the Seller for personal, family or household purposes, other than for business or professional purposes;
2. b) natural persons over the age of 18 who are not consumers (i.e. intending to purchase goods or services from the Seller for business or professional purposes) or legal persons. If the Buyer is a legal person, he acts through an authorised representative registered in the Online Shop in accordance with the procedure set out in the Online Shop;
3. (c) natural persons aged between 14 (fourteen) and 18 (eighteen) years, provided they have the consent of their parents or guardians, except where they are disposing of personal funds.

5.3. By accepting these Terms and Conditions, a person confirms that he/she is entitled to purchase Goods from this Online Shop.

5.4. For a shopping basket of less than EUR 9,99. an administrative charge of a fixed amount.

5.5. In order to purchase the goods, the Buyer shall place an order in the Online Shop by filling in the online order form. The Seller’s ordering procedure for the Goods gives the Buyer the opportunity to check and correct errors before the final order is placed. It is recommended that the Buyer carefully reads and checks the order placed at each stage of the order process.

5.6. A Sales Contract is concluded for each order placed by the Buyer. The sale and purchase agreement is deemed to be concluded when all the following conditions are met: (i) the Buyer, having created a shopping cart in the Online Shop, shall, in accordance with the instructions provided by the Seller, provide the information necessary for the conclusion of the contract of sale and for the execution of the order (including his/her data, delivery address or the method of collection of the goods); and (ii) having read these Terms and Conditions, clicks on the “Order” button and pays for the order in full.

5.7. Once the Buyer has placed and paid for the order or chosen the payment method referred to in clause 11.1(b), an email will be sent to the Buyer confirming receipt of the order.

5.8. Once the order has been prepared, the Seller shall send the Buyer an email and/or SMS informing that the Goods have been dispatched to the Buyer or are ready for collection in the store (depending on which method of delivery of the Goods has been selected).

5.9. Each contract of sale concluded between the Buyer and the Seller shall be registered and stored in the Online Shop database.

5.10. By entering into the Contract, the Buyer agrees that the Invoice shall be delivered to the Buyer together with the Goods. It should be noted that the VAT invoice shall be issued on the date of delivery of the Goods to the courier or on the date of collection/acceptance of the Goods (depending on which method of delivery of the Goods has been chosen and on the date on which one of the Seller’s suppliers supplies the Goods in the specific case).

5.11. In the event that, following the conclusion of the Sale and Purchase Agreement, it becomes apparent that the Seller is unable to deliver the goods, for example because they are out of stock or out of range, or because of supply disruptions, or because of a substantial change in the market situation (e.g, a sudden and significant increase in the market price of the product, a decrease in supply, etc.) or if the Seller is unable to fulfil the order for other objective reasons, the Seller shall be entitled to unilaterally terminate the Purchase and Sale Agreement without any compensation to the Buyer, by informing the Buyer thereof. In the event that the Buyer has already paid for the goods, the Seller will refund the amounts paid within 14 (fourteen) calendar days.

6. Right to change the rules

6.1. The Seller reserves the right to modify these Terms and Conditions, including, but not limited to:

1. (a) changes to payment terms;
2. (b) changes to the applicable legislation.

6.2. Whenever you order goods or services, the version of the Regulations then in force will apply for the purpose of concluding a contract of sale between you.

7. Right of withdrawal. Return of goods

7.1. The Buyer – Consumer shall have the right to withdraw from the Purchase and Sale Agreement within 14 (fourteen) days from the date of delivery (receipt) of the Goods, without stating a reason and without incurring any costs other than those referred to in Clauses 5.4; 8.1; 8..3 of the Regulations. This provision means that the Buyer, having changed his mind or otherwise decided to reject the Goods during the aforementioned period, has the right to notify the Seller of his request to return the Goods to the Seller and to receive a refund.

7.2. The right of the consumer to withdraw from the contract of sale does not apply to these contracts:

1. (a) Goods made to the Buyer’s specific instructions, which are not pre-manufactured and which are made in accordance with the Buyer’s personal choice or instruction, or Goods which are expressly tailored to the Buyer’s personal needs;
2. (b) perishable goods or goods with a short shelf life;
3. (c) packaged goods which have been unpacked after delivery and which are unsuitable for return for health or hygiene reasons;
4. (d) Goods which, by their nature, after delivery, are indistinguishable from other goods;
5. (e) packaged video or sound recordings or packaged software which have been unpacked after delivery;
6. (f) contracts for the delivery of newspapers, periodicals or magazines, other than contracts for the subscription of such publications;
7. (g) service contracts where the services have been fully provided to the consumer

7.3. The Consumer Buyer may withdraw from the Contract in the Seller’s physical store “MONAXIS” by completing the notice of withdrawal from the Purchase and Sale Contract or by sending a free-form notice of withdrawal from the Purchase and Sale Contract to the Seller by e-mail info@monaxis.lt. The Buyer’s notification must make clear the Buyer’s intention to withdraw from the contract. The Buyer must also provide proof of purchase (invoice, receipt, etc.) by delivering this document to the place of issue of the Goods or by sending a copy of it together with a cancellation notice, which makes it clear that the Buyer purchased the Goods from the Seller.

7.4. Goods shall be returned to the Seller’s nearest MONAXIS stores, subject to the exceptions provided below.

7.5. The Buyer shall return or hand over the Goods to the Seller or to a person authorised by the Seller without delay and in any event not later than 14 (fourteen) days from the date of the notification to the Seller of its decision to withdraw from the Contract.The Buyer shall be liable for the proper packing of the Goods for return. The buyer bears the direct costs of returning the goods.

7.6. Any money paid for the Goods shall be refunded to the Buyer who returns the Goods. The Seller shall refund the price of the Goods within 14 (fourteen) days. The Seller shall not be obliged to reimburse the Buyer-Consumer for any additional costs incurred as a result of the Buyer’s express choice of a delivery method other than the cheapest delivery method offered by the Seller.

7.7. The Buyer shall be liable for any diminution in the value of the Goods resulting from actions not necessary to determine the nature, characteristics and performance of the Goods. T. y. The Seller shall have the right to unilaterally reduce the amount of the refund to the Buyer in proportion to the aforementioned reduction in the value of the Goods.

7.8. The returned Goods must be intact, in good condition (intact labels, protective films, etc.) and unused. All returned Goods must have the authentic labels and the same accessories with which they were sold. The returned Goods must be in their original packaging (with instructions and warranty card, if supplied with the Goods) in the same condition as when purchased by the Buyer. Gifts received for the Goods must be returned at the same time.

7.09. The VAT invoice (number) or order number is required for returns.

7.10. The Seller shall transfer the refunded amounts to the bank account specified by the Buyer in any bank operating in the Republic of Lithuania.

7.11. The Seller shall have the right not to refund the Buyer until the Goods have been returned to the Seller and inspected for compliance with Clauses 7.9 and 7.10 of the Conditions. If the returned goods are not complete, damaged, defective and/or improperly packaged, the Seller shall have the right not to accept the returned goods and not to refund the money paid by the Buyer for the returned goods.

7.12. In the event that the Goods have been delivered to the Buyer after the withdrawal:

1. a) The Buyer must return the Goods to the Seller immediately;
2. c) The Buyer shall have the obligation to properly store the Goods until their return to the Seller;
3. (d) The price of the Goods and delivery costs shall be reimbursed to the Buyer in accordance with clause 7.6.

7.13. The Buyer shall in all cases have the rights arising from the sale of defective Goods as provided by the legislation of the Republic of Lithuania. The refund rules set out in this paragraph 7 or elsewhere in the Regulations do not affect the existence of these rights.

8. Delivery

Home delivery

8.1. At the Buyer’s option, the Goods shall be delivered by a transport company at the Buyer’s expense. In individual cases specified by the Seller, the Goods shall be delivered at the Seller’s expense.

8.2. The Buyer undertakes to specify the exact location of the delivery of the Goods when selecting the home delivery service at the time of ordering. The exact delivery price depends on the weight, volume and price of the Goods ordered. Please see “Delivery and collection” for the current delivery charges.

8.3. Unloading and loading services shall be booked separately before payment for the Goods. Unloading and delivery services shall be paid for by the Buyer. In individual cases specified by the Seller, the Seller shall pay for the unloading and carrying of the Goods. Please see “Delivery and collection” for the current rates for unloading and collection services.

8.4. The Buyer’s order shall be fulfilled within 7 calendar days at the latest, except in the event of events beyond the Seller’s control (as defined in paragraph 16 hereof).

8.5. The Goods shall normally be delivered to the address specified by the Buyer, within the time limits set out in the “Delivery and Collection” section. The Buyer shall always be informed of the expected delivery date of the Goods by e-mail.

8.6. If you order more than one Product, they may be delivered at different times as they are shipped from different warehouses. There is no additional transport charge for this.

8.7. Title to the Goods shall pass to the Buyer from the moment the courier hands over the Goods to the Buyer. The risk of accidental loss or damage to the goods shall pass to the Buyer when the Buyer or a person nominated by the Buyer, other than a courier, accepts the goods. If the carrier of the Goods has been chosen by the Buyer and the Seller has not offered such a delivery option, the risk referred to in this paragraph shall pass to the Buyer when the Goods are handed over to the carrier.

8.8. At the time of delivery, the Buyer or the Buyer’s representative, as the case may be, must inspect the condition of the packaging of the consignment together with a representative of the transport company, in accordance with the rules of the courier service provider(s) as set out in the section entitled “Returns and Warranty”.

8.9. In the event of damage to the packaging of the consignment, the Buyer or the Buyer’s representative, as the case may be, shall have the right not to accept the consignment. In such a case, the representative of the courier service provider shall, together with the Purchaser or, as the case may be, the Purchaser’s representative, complete a special consignment inspection report, to be submitted by the representative of the courier service provider, indicating the irregularities found.

8.10. Once the Buyer or the Buyer’s representative, as the case may be, has accepted the consignment and signed the data logger or paper delivery note provided by the representative of the courier service provider without any comments, the Goods shall be deemed to have been delivered in the undamaged packaging and the additional services indicated in the data logger or paper delivery note shall be deemed to have been duly performed, unless the contrary is proven.

8.11. Upon delivery and handover of the Goods at the address specified by the Buyer, the Goods shall be deemed to have been handed over to the Buyer, irrespective of whether the Goods are actually received by the Buyer or by any other person who has received the Goods at the address specified. If the Goods are not delivered on the scheduled delivery date, the Buyer shall inform the Seller immediately, but no later than the day after the scheduled delivery date.

8.12. If the Goods will be accepted by a person other than the Buyer, the Buyer must provide the details of the person who will accept the Goods when completing the order delivery information.

8.13. A valid proof of identity must be presented at the time of acceptance of the Goods in order to properly identify the Buyer. If the Buyer is unable to accept the Goods and the Goods are delivered to the address specified by the Buyer, the Buyer shall not be entitled to make any claim against the Seller in respect of the delivery of the Goods to the wrong person.

8.14. The Buyer shall inspect the packaging, quantity, quality, assortment, completeness and completeness of the Goods within 14 (fourteen) days from the delivery of the Goods. If the Buyer fails to comply with this obligation within the specified period and does not make any claim against the Seller, the packaging of the Goods shall be deemed to be suitable and the quantity, quality, range, completeness and assembly of the Goods shall be deemed to be in accordance with the terms of the Contract.

In-store pick-up

8.15. At the Buyer’s choice, except for the exceptions provided for in the section “Delivery and collection of Goods”, Goods ordered in the online store may be collected free of charge from the Monaxis UAB stores “MONAXIS”.

8.16. When the Seller has prepared the Goods for collection, the Buyer shall be informed by e-mail and/or SMS that the Goods are ready for collection.

8.17. The normal timeframes for preparing the Goods for collection are the timeframes set out in the “Delivery and Collection” section.

8.18. The ordered Goods (if the order has been paid for) must be collected no later than 7 (seven) days after the Seller has informed the Buyer by e-mail or SMS about the possible collection of the Goods. Failure to collect the goods within the time limit set out in this clause will result in cancellation of the order.

8.19. Title to the Goods shall pass to the Buyer upon collection in the Shop from the moment the Seller transfers the Goods to the Buyer.

8.20. When collecting the Goods in the Shop, the Buyer shall:

1. (a) specify the order number;
2. (b) present a valid identity document.

8.21. Only the Buyer may collect the Goods. If the Goods will be collected by another person, that person must be named as the recipient of the Goods when ordering the Goods. If the Buyer is a legal person, the Seller is entitled to require a power of attorney for the collection of the Goods.

8.22. A list of Monaxis UAB stores where the Goods can be collected is available in the section “Delivery and collection of Goods.

8.23. At the time of collection of the Goods, the Buyer or the Buyer’s representative, as the case may be, shall inspect the packaging, quantity, quality, assortment, completeness and completeness of the Goods:

1. (a) in the event of any damage to the packaging of the Goods, or any discrepancy(s) in the quantity, quality, range, completeness or assembly of the Goods, the Buyer or the Buyer’s representative, as the case may be, shall have the right to refuse to accept the Goods;
2. (b) Upon acceptance of the Goods by the Buyer or the Buyer’s representative, as the case may be, the Goods shall be deemed to have been handed over in the correct packaging and to be of the quantity, quality, range, completeness and completeness in accordance with the terms of the Contract.

8.24. For further information regarding delivery of the Goods, please refer to “Delivery and Collection”.

9. Price and delivery costs

9.1 The Goods shall be sold to the Buyer at the prices prevailing at the time the order is placed. The specific price of the Goods and the amount payable for the Goods shall be shown to the Buyer when the shopping cart is created. If the Buyer does not agree with the price quoted, the Buyer shall not be able to proceed with the ordering procedure and order the goods. .

9.2. The price of the goods published in the Online Shop does not include the price of delivery of the goods and the price of services that the Buyer may order from the Seller. Unless otherwise specified, delivery service and other services are subject to additional charges, with the final amount payable being specified when the shopping cart is created.

9.3. The prices of the goods in the Online Shop and/or in the order are quoted in euros inclusive of value added tax (“VAT”). In the event that the VAT rate changes between the date of order and the date of delivery and the Seller is obliged to apply the changed VAT rate, the price of the goods and services shall be automatically recalculated to take account of the change in VAT rate. The Seller shall inform the Buyer in writing of such price change and shall give the Buyer the opportunity to purchase the Goods at the price adjusted to take account of the change in the VAT rate or to cancel the order. The order shall not be executed until the Buyer’s reply has been received. In the event that the Buyer cannot be contacted using the contact details provided by the Buyer, the order shall be deemed to have been cancelled and the Buyer shall be informed thereof in writing.

9.4. Prices do not include the costs of order preparation, delivery and delivery charges. The amount of the delivery costs quoted in the online shop is subject to change. Please see “Delivery and collection” for the current delivery charges.

9.5. Given the extremely wide range of products available on the Seller’s online shop, despite the Seller’s reasonable efforts, it remains possible that, due to technical or human error, some products may be displayed at incorrect prices. If the Seller discovers a pricing error in the Shop, the Seller shall inform the Buyer immediately. In this case, the Buyer shall be given the opportunity to cancel the order or to reconfirm the order at the correct price. If the Buyer fails to perform the acts specified in the preceding sentence within a reasonable period of time set by the Seller, the Seller shall be entitled to unilaterally terminate the contract of sale without any loss to itself. . In the event that the Buyer has already paid for the goods, the Seller will refund the amounts paid within 14 (fourteen) calendar days.

10. Reverse charge of VAT

10.1. From 2019.08.01 hard disks, laptops, tablets, mobile phones, wood (logs – cross-cut pieces of round wood; planks, boards – elongated pieces of sawn timber 3-40 mm thick and not narrower than 25 mm in width; sawn timber (e.g. sawn, dressed or milled logs on two, three or four sides parallel to the axis of the log; sawn timber thicker and wider than 40 mm) or other logs subject to reverse charge of VAT. Reverse charge VAT will not apply if the VAT payer who placed the order does not make the payment from a bank account belonging to him. No discounts are available for reverse charge VAT.

11. Payment

11.1. The Buyer may pay for the Goods.

1. (a) by using electronic banking;
2. (b) payment by bank transfer;
3. (c) in any other manner specified in the Online Shop.

11.2. Legal entities may also pay by bank transfer to the Seller’s account in accordance with the details specified in the order sent, the purpose of payment being the order number given to the Buyer.

11.2.1. For legal persons paying by bank transfer or electronic banking, it is recommended to include the company code in the transfer information for quicker identification of the payer. This will allow the system to confirm the order faster and allow it to be processed.

11.3. If the Buyer chooses the payment method referred to in clause 11.1a, the Buyer must confirm the payment order with the Buyer’s bank no later than 24 (twenty-four) hours after the “Order” button has been clicked. If the payment order is not confirmed within this period, the Seller shall be entitled to consider that the Buyer has refused to conclude the Contract and to cancel the order.

If the Buyer chooses the method of payment set out in clause 11.1b, the Buyer shall pay within 3 calendar days. In the event of non-payment within this period, the Seller shall have the right to treat the Buyer as having refused to enter into the Contract and to cancel the order.

11.4. The Goods selected by the Buyer are reserved in the Seller’s system and the Seller proceeds with the order:

11. a) when the Seller receives notification from the Buyer’s bank that payment has been made for the selected Goods – in the case of clauses 11.1(a), 11.1(d) and 11.2;
12. (b) when confirmation of funding is received, in the case of point 11.1(c);
13. (c) immediately after the execution of the order, as provided for in paragraph 5 in the case of clause 11.1(b).

11.5. The online shop does not provide the Tax Free service.

11.6. For more detailed information on payment, please see “Billing”.

12. Duties of the buyer

12.1. The Buyer undertakes to provide only correct and complete data in the registration form. The Buyer must update the data provided in the registration form without delay in the event of a change.

12.2. The Buyer undertakes to use the Online Shop in a fair and equitable manner and not to interfere with its operation or stability. If the Buyer fails to comply with this obligation, the Seller shall be entitled to restrict, suspend (terminate) the Buyer’s access to the Online Shop without prior notice and shall not be liable for any losses incurred by the Buyer in connection therewith.

12.3. The Buyer shall pay for the Goods ordered and accept them in accordance with these Terms and Conditions.

12.4. Notwithstanding the obligations set out in other clauses of the Conditions, the Buyer undertakes to inspect the Goods before they are put into use (including assembly, installation, etc.) and to ensure that the Goods received are those which the Buyer ordered.

12.5. The Buyer shall comply with other requirements set out in these Rules and the legislation of the Republic of Lithuania.

13. Responsibilities of a salesperson

13.1. The Seller undertakes:

1. (a) to use its best efforts to enable the Customer to make proper use of the services provided by the Online Shop;
2. b) respect the Buyer’s privacy, process the Buyer’s personal data only in accordance with the procedure set out in these Terms and Conditions, the Privacy Policy and the legal acts of the Republic of Lithuania.

13.2. The Seller undertakes to comply with all the requirements set out in these Terms and Conditions.

14. Product quality and guarantee

14.1. The characteristics of the goods for sale are generally indicated in the description of each good. If the characteristics or qualities of the goods are different and contradictory between the name and the description, the correct information is deemed to be given in the description.

14.2. Goods purchased by consumer buyers are covered by the normal 2-year quality guarantee, regardless of the warranty period stated in the product descriptions on the Online Shop or in the manufacturer’s product information provided with the product. Goods purchased by business buyers are covered by a 1-year quality guarantee, regardless of the warranty period stated in the product descriptions on the Online Shop or in the manufacturer’s product information provided with the product. The terms of the guarantee are set out in the product descriptions.

14.3. Defects in the Goods shall be eliminated, defective Goods shall be replaced or returned in accordance with the procedure set out in these Rules and in accordance with the requirements of the applicable legislation of the Republic of Lithuania.

14.4. The Buyer who wishes to lodge a complaint regarding a defective or incomplete Product may do so at the Returns Department of the UAB Monaxis store or by e-mail to info@monaxis.lt.

14.5. When submitting a complaint, the Buyer must enclose the VAT invoice for the purchase of the Goods (the invoice number) and provide the following information:

1. a) The order number of the product;
2. b) identify the defect, fault or missing part of the Goods;
3. c) provide other evidence, such as a photograph of the Goods, a photograph of the defective area (if it is mechanical damage and can be photographed), a photograph of the packaging of the Goods, etc.

14.6. When lodging a complaint, the Buyer must specify how he wishes the complaint to be resolved:

1. a) the Seller shall remedy the defects in the Goods within a reasonable period of time, free of charge, if the defects can be remedied;
2. (b) by reducing the purchase price accordingly;
3. (c) by replacing the Goods with similar Goods of equivalent quality, unless the defects are minor or caused by the Buyer;
4. d) by refunding the price paid for the Goods and withdrawing from the Contract where the faulty quality of the Goods constitutes a material breach of the order.

14.7. After the claim has been investigated, a reply is provided within 14 (fourteen) days.

14.8. For warranty service questions, the Buyer should contact info@monaxis.lt. to the following postal address .

15. Responsibility

15.1. The Buyer is responsible for the actions taken when using the Online Shop, including, but not limited to, the correctness of the data provided in the registration form. The Buyer shall be liable for the consequences of any inaccuracy or inaccuracy of the data provided in the registration form.

15.2. Once registered in the Online Shop, the Buyer is responsible for the storage and/or transfer of his/her login data to third parties. If the services provided by the Online Shop are used by third parties who have logged into the Online Shop via the Buyer’s login credentials, the Seller shall be deemed to be the Buyer, and the Buyer shall be liable for all actions performed by such third party in the Online Shop.

15.3. In accordance with the provisions of Article 8(3) of the Law on Electronic Signature of the Republic of Lithuania, the Buyer and the Seller agree that the confirmation of the Buyer’s actions in the online shop with the login data (the identification code) shall have the legal effect of an electronic signature as set out in Article 8(1) of the Law on Electronic Signature of the Republic of Lithuania (i.e. it shall have the same legal effect as a signature on written documents and shall be admissible in evidence in court). The Customer shall keep his/her login data to the online shop secure and shall not disclose them, shall ensure that the data are known and used only by him/her, and shall not transfer or otherwise make the data accessible or available to other persons. If you suspect that your login details may have been accessed by another person, you must immediately notify the Seller and immediately inform the Seller of any breach or disclosure of your online shop login details. All actions performed using the Buyer’s identification code shall be deemed to have been performed by the Buyer and the Buyer shall bear all responsibility for the consequences of such actions.

15.4. The parties shall be liable for the breach of the Contract concluded through the Online Shop in accordance with the procedure established by the legislation of the Republic of Lithuania, subject to the limitations set out in these Terms and Conditions.

15.5. In the event of a breach of the Sale and Purchase Agreement, the Seller’s liability is limited to:

(i) it will not be liable for the Buyer’s loss of profit, business, revenue, goodwill or consequential loss or damage, or the Buyer’s loss arising from claims for liquidated damages or damages made by the Buyer’s contractual counterparties, even if such loss is foreseeable or the Supplier has been advised or has been advised that the Buyer may suffer such loss or the Supplier knows or ought reasonably to know of it; and

(ii) in respect of any loss or damage, the maximum amount shall in no case exceed the price of the order to which the breach relates.

15.6. The Seller is not responsible for the information provided on other companies’ websites, even if the Buyer accesses these websites via links on the Seller’s online shop.

16. Events beyond the control of the Seller

16.1. If the Seller is prevented from fulfilling, in whole or in part, its obligations under the Purchase and Sale Contract due to circumstances beyond its control, such as acts of government, war, riot, act of terrorism, insurrection, civil commotion, sabotage or other disturbances, accident, fire, flood, explosion, damage to plant or equipment, epidemic, pandemic, quarantine, restrictions or any other cause and, more generally, any other circumstance or situation beyond the control of a party which could not reasonably have been foreseen, prevented or overcome by reasonable and diligent efforts, the Seller shall not be liable for any failure or delay in the performance of its obligations hereunder insofar as such failure or delay is directly caused by such an event. If the Seller is unable to perform its obligations, the Seller must immediately notify the Buyer (or make it public) of its contractual obligations due to force majeure and provide information on the expected duration of such force majeure and on how and for how long it may be unable to perform its obligations or delay in performing them.

16.2. The performance of the Seller’s obligations under the Contract shall be suspended and the time for performance of the obligations shall be extended for the duration of events beyond the Seller’s control. If events beyond the Seller’s control affect the delivery of the Goods to the Buyer, the Seller will agree a new delivery date after the end of the events beyond the Seller’s control.

16.3. If events beyond the Seller’s control continue for more than 60 days, either party shall have the right to terminate the Purchase and Sale Agreement.

17. Sending information

17.1. The term “in writing” as used in the Rules includes e-mails.

17.2. In order to contact the Seller in writing, or if the Terms and Conditions provide for the Buyer’s obligation to contact the Seller in writing, the Buyer shall send an e-mail to the Seller at info@monaxis.lt or a regular letter to UAB “Monaxis”, Ateities str. 15, Vilnius. The Seller will inform the Buyer in writing (usually by email) of the receipt of the notification. For the purpose of withdrawal from the Contract, the procedure for the Buyer to contact the Seller is set out in paragraph 7 of these Conditions.

17.3. The Seller shall send all notifications to the Buyer to the email address provided in the Buyer’s registration form.

18. Other provisions

18.1. Any Contract between the Seller and the Buyer shall be governed by these Conditions together with the documents expressly referred to in them. Any deviation from these Rules shall only be valid if it is documented in writing.

18.2. . All information provided on the Online Shop website, including but not limited to these Terms and Conditions, information about the Seller, the goods and services offered and their features, the procedure for exercising the Buyer’s right to withdraw from the Purchase Contract, the Seller’s product maintenance services and warranties (if any), shall be deemed to be given to the Buyer in writing.

18.3. The Seller shall be entitled to assign its rights and obligations under the Contract to a third person or persons, but such assignment shall not affect the rights of the Buyer or the Seller’s obligations under these Terms. In the event of such a transfer, the Seller will inform the Buyer by providing information about the transfer in the online shop.

18.4. The Buyer shall not assign or transfer all or any part of its rights and obligations under these Terms and Conditions to any third person or persons without the written consent of the Seller.

18.5. If any provision of these Terms and Conditions is found by a court to be unlawful, void or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Rules which is held to be unlawful, void or unenforceable in whole or in part shall remain in full force and effect to the extent that it has not been held unlawful, void or unenforceable.

18.6. Except as otherwise provided in these Conditions, any delay by the Seller in exercising any right under this Agreement shall not constitute a release or waiver of the Buyer’s obligation to perform, and the separate or partial performance of any obligation, or the separate or partial exercise of any right, shall not constitute a waiver of the obligation or a waiver of any further exercise of that right.

18.7. These Terms and Conditions and the relationship between the parties hereunder (including the formation, validity, invalidity, performance and termination of the Agreement) shall be governed by and construed in accordance with the laws of the Republic of Lithuania.

18.8. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions or the breach, termination or validity thereof shall be finally settled in accordance with the procedure established by the legislation of the Republic of Lithuania.

18.9. The buyer-consumer may submit a request and/or a complaint regarding goods or services purchased in the Online Shop to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, tel. 8 5 262 67 51, fax. 8 5 279 1466, email. by email to tarnyba@vvtat.lt, on the website www.vvtat.lt, and to its territorial units in the counties) or by filling in the application form on the Electronic Consumer Dispute Resolution platform, available at http://ec.europa.eu/odr/. This clause does not apply to Business Buyers.