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Terms&Conditions

SALE AND PURCHASE RULES OF UAB FIRST PRIORITY ONLINE SHOP WWW.OW-STUDIOS.COM

1. DEFINITIONS

1.1. The Sale and Purchase Rules include this Contract on remote sale and purchase and establish the rights and obligations of the Seller and the Buyer, acquisition of goods and payment for them, procedure for delivery and return of goods, responsibility of the parties and other provisions related with the sale and purchase of goods at www.ow-studios.com Online Shop.

1.2. The Online Shop is a shop on www.ow-studios.com where the Buyer can purchase the goods offered by the Seller after signing up and logging into the online system of the shop.

1.3. The Seller means UAB First Priority, incorporated and operating according to the laws of the Republic of Lithuania, registration No 300153287, registration address Radvilų dvaro g. 4, LT-48320 Kaunas web address www.ow-studios.com.

1.4. The Buyer means a person meeting the requirements of paragraph 2.2 of these Sale and Purchase Rules and purchasing goods on the Online Shop by way of purchase, gift or exchange.

1.5. The Consignee means a person indicated by the Buyer to whom the goods ordered by the Buyer are delivered.

1.6. The Sale and Purchase Contract means a sale and purchase contract of goods signed between the Buyer and the Seller consisting of the application for ordering the goods, submitted by the Buyer to the Seller through the Online Shop, and the Sale and Purchase Rules as amended.

2. GENERAL TERMS AND CONDITIONS

2.1. In this Sale and Purchase Contract the Seller agrees to sell and deliver the goods to the Buyer, and the Buyer is obliged to accept the goods for the required amount of money for the, and compensate for the delivery costs under the terms and conditions provided for in these Sale and Purchase Rules.

2.2. Persons logged in not logged into the Online Shop system can purchase in the Online Shop, if they are:

2.2.1. Natural persons having legal capacity, i.e. persons 18 years and older, whose legal capacity is not limited by the court, or emancipated individuals (recognised as having full capacity by the court);

2.2.2. Natural persons between the age of 14 and 18 years. Minors are entitled to buy in the Online Shop only with the consent of parents, adoptive parents, or other authorised persons unless these persons dispose of their own earnings or personal funds;

2.2.3. Legal entities;

2.2.4. Authorized representatives of all of the above persons.

2.3. Minors referred to in paragraph 2.2.2 of the Sale and Purchase Rules have the right to buy in the Online Shop only with the consent of parents, adoptive parents, or other authorised persons unless these persons dispose of their own earnings or personal funds.

2.4. Trade in the Online Shop is carried out from the Republic of Lithuania.

2.5. Along with the order of goods submitted by the Buyer, these Sale and Purchase Rules become a sale and purchase contract between the Buyer and the Seller and considered a document legally binding to both parties.

2.6. The Buyer shall not be entitled to place an order for goods in the Online Shop if the Buyer is not familiar with the Sale and Purchase Rules (or) does not agree with them. In cases where the Buyer does not agree with the Sale and Purchase Rules or a certain part thereof, he may not order goods in the Online Shop. Otherwise, if the Buyer has placed an order, it shall be assumed that the Buyer has read and agreed to the Sale and Purchase Rules.

2.7. The Seller shall not assume any risk or liability and is unconditionally released from any liability if the Buyer is partly or completely unfamiliar with the Sale and Purchase Rules, although he was granted such opportunity.

3. BUYER’S RIGHTS

3.1. The Buyer has the right to buy goods in the Online Shop according to these rules of sale and purchase and the procedure of the Online Shop.

3.2. The Buyer has the right to refuse from the Sale and Purchase Contract entered into in the Online Shop, by notifying the Seller in writing no later than 14 (fourteen) calendar days from the delivery of the item to the Buyer in accordance with the Civil Code and the Sale and Purchase Rules.

3.3. The right to refuse from the concluded Sale and Purchase Contract shall not apply to legal entities and their authorized representatives.

4. OBLIGATIONS OF THE BUYER

4.1. The Buyer, having placed in order with the Online Shop, must pay for the goods and collect them as provided in these Sale and Purchase Rules.

4.2. The Buyer is fully responsible for actions carried out by using this Online Shop.

4.3. The Buyer is responsible for the accuracy and completion of the information provided in the order form, and timely update of this information if it has changed. The Seller shall in no case be responsible for damage caused to the Buyer and (or) third parties if the Buyer submits inaccurate, incorrect, incomplete information in the registration form, or does not change his personal details in time.

4.4. Should the Buyer notice that he has incorrectly indicated the item and (or) shipping in the order form, he must immediately inform the Seller. If the Buyer fails to inform the Seller about the incorrect order, he can request a refund or replacement of goods only as provided for in section 14 of the Sale and Purchase Rules.

4.5. The Buyer undertakes not to disclose his login details to third parties. Should the Buyer loose his login details, he must inform the Seller immediately but no later than within 1 day.

4.6. The Buyer is responsible for the transfer of their login details to third parties. If third parties are using the services of the Online Shop having logged in with the Buyer’s login details, the Seller shall treat such third parties as the Buyer.

4.7. The Buyer using the services of the Online Shop undertakes to abide with these Rules, other conditions clearly specified in the Online Shop, and the legislation of the Republic of Lithuania.

5. SELLER'S RIGHTS

5.1. The Seller has the right to set the minimum size of the chart of items at his discretion, i.e. the minimum amount when the Buyer's order can be executed. This amount is presented in the Online Shop.

5.2. If the Buyer attempts to undermine the stability or safety of the Online Shop or is in breach of his obligations referred to in section 4 of the Sale and Purchase Rules, the Seller shall be entitled to suspend or restrict the Buyer’s access to the Online Shop immediately and without notice or, in exceptional cases, to cancel the Buyer’s registration.

5.3. The Seller may suspend or terminate the Online Shop activities temporarily or permanently, without prior notification to the Buyer.

5.4. The Seller has the right, without prior notice to the Buyer, to cancel his order if the Buyer chooses the methods of payment referred to in paragraphs 8.2.1 and 8.2.2 of the Rules but fails to pay for the goods within 1 (one) calendar days.

6. SELLER'S OBLIGATIONS

6.1. The Seller agrees to, in accordance with the Sale and Purchase Rules and conditions laid down in the Online Shop, to enable the Buyer to use the Online Shop services (registration in the Online Shop system, creating a shopping cart in the Online Shop, place an order, pay for the order, send the order).

6.2. The Seller undertakes to deliver the goods ordered by the Buyer at the specified address under the conditions referred to in section 11 of the Rules.

6.3. If the Seller is unable to deliver the ordered goods to the Buyer, he undertakes to offer a similar item or an item which properties are as much as possible similar to the ordered item. If the Buyer refuses to accept a similar item or an item with properties as much as possible similar to the ordered item, the Seller undertakes to return the money to the Buyer within 14 calendar business days, if the prepayment has been made by the Buyer.

7. BUYER’S REGISTRATION AND CONCLUSION OF THE SALE AND PURCHASE CONTRACT 

7.1. The Buyer can buy goods in the Online Shop Online Shops after signing up in the Online Shop system at www.ow-studios.com or without signing up in the Online Shop system according to the Sale and Purchase Rules of the Online Shop.

7.2. The Sale and Purchase Contract between the Buyer and the Seller shall be considered to be concluded from the moment when the Buyer chooses the item (s) to purchase, provides his details (order information), chooses the payment method, and confirms the order by clicking the link “Submit Order”, makes himself familiar with the Sale and Purchase Rules and agrees to them (by ticking “I agree with the rules”) and receives an order confirmation message in the Online Shop system and (or) an e-mail.

7.3. Each Sale and Purchase Contract signed by the Buyer and the Seller shall be registered and stored in the Online Shop database. The Buyer can see the purchase history after logging into the Online Shop.

8. PRICES OF GOODS, PAYMENT PROCEDURES AND TERMS

8.1. The price of goods sold in the Online Shop is indicated with the sale price. Product prices in the Online Shop and in the orders formed before 30 June 2015 indicated in litas and include value-added tax (VAT) and in euro incl. VAT. After 1 July 2015 the prices of goods in the Online Shop and in the orders are indicated in euro incl. VAT. The price of goods shall not include delivery costs. Delivery costs shall be borne by the Buyer choosing a particular delivery method.

8.2. The Buyer may pay for the goods in one of the following methods:

8.2.1. E-payments:

8.2.1.1. Via e-banking – when prepayment is made through the Buyer's e-banking system. For buyers having e-banking contracts, the payment according to the order is generated in the e-banking system when paying for the goods using the system. The Buyer must transfer the money to the Online Shop account in his chosen bank. Responsibility for the security of data in this case lies with the relevant bank, as all cash transactions are made through the e-banking system of the bank;

8.2.1.2. When paying for goods through WebMoney, SafetyPay or International payments in euro systems, payments are made according to prepayment invoice e-mailed by the Seller. Responsibility for the safety of data in this case lies with the relevant e-payment system, as all cash transactions are made through this e-payment system;

8.2.2. Payment by bank transfer – the Buyer can pay for goods in cash in any bank of his choice, in Maxima shops, Lietuvos spauda or Narvesen kiosks according to the printed prepayment invoice, sent to him by e-mail; or online transfers in which case the payment form is generated to the Buyer. By submitting this payment form in the bank buyers can conveniently pay for goods or to complete and make a bank transfer according to this form. Responsibility for the security of data in this case lies with the relevant bank, as all cash transactions are made through the e-banking system of the bank;

8.2.3. Payment in cash – paying for the goods on the moment of the collection – this is a payment method when the Buyer pays for the goods in the Seller’s point of sale;

8.3. If the Buyer chooses payment methods referred to in paragraph 8.2.1 of the Sale and Purchase Rules, the Buyer is obliged to make a prepayment for the goods. If the Buyer chooses payment methods referred to in paragraph 8.2.2 of the Sale and Purchase Rules, the parcel of goods is made and the term of delivery of goods starts from the date when the payment was credited in the Seller’s account. If the Buyer chooses the payment method referred to in paragraph 8.2.3 of the Sale and Purchase Rules, the parcel of goods will be formed and the delivery terms shall start from the date of receipt of the Buyer’s order.

8.4. The Seller has the right to change the price of the item indicated in the Online Shop after the order is placed, if it is related with increase of the cost of item, technical errors in the information system on the Online Shop, or costs related with the sale of goods to the Buyer. If the price of the item is changed, the Seller shall immediately notify the Buyer. The Buyer has the right to disagree with the price change and cancel the order. The parties agree that losses resulting from the order cancellation shall not be recoverable.

8.5. The Seller is not responsible for timely payment transfers according to paragraphs 8.2.1, 8.2.2 and 8.2.3 of the Sale and Purchase Rules, and timely crediting of money in the Seller's account.

8.6. If the Buyer chooses payment methods referred to in paragraph 8.2.3 of the Sale and Purchase Rules, the title to the goods shall pass to the Buyer only after full payment for them.

9. DIRECT MARKETING, PROMOTIONS (DIRECT MARKETING GAMES, LOTTERIES) 

9.1. By placing the order the Buyer confirms that he is familiar with the Sale and Purchase Rules and will (not) allow other persons to use his personal details (e-mail address) for the Seller's direct marketing purposes.

9.2. The Buyer has the right to object to the processing of his personal data for direct marketing purposes and decline the Seller's newsletters at any time without giving a reason.

9.3. The Seller will have the discretion to initiate various campaigns and promotions in the Online Shop.

9.4. The Seller has the right to unilaterally, without prior notice, to change the terms of the campaigns or cancel them.

9.5. Any changes of the condition in terms of sales campaigns for their cancellation will not be retroactive, i.e. they are valid only from the moment of their execution.

9.6. The Seller shall send all the notices according to the contact details given in the Buyer’s registration form.

9.7. The Buyer shall send all messages and questions at the telephones and e-mail addresses specified in the Seller’s Online Shop under “Contacts”.

9.8. The Seller is not responsible if the Buyer does not receive messages or confirmations because of disruptions of the internet connection, e-mail service providers, and network failures.

10. GIFT COUPONS AND LOYALTY PROGRAM

10.1. The Seller has the right to sell gift vouchers for which the Buyer can buy the goods offered by the Seller. Discounts will not apply to gift vouchers. Gift vouchers shall not be exchanged for cash.

10.2. When the Buyer is using a gift voucher to pay for the goods where the value of these goods is lower than the voucher value, the price difference will not be refunded to the Buyer. When the Buyer is using a gift voucher to pay for the goods where the value of these goods is higher than the voucher value, he must pay the price difference to the Seller.

10.3. Discount codes with a specific amount of money are applied for no more than half the value of the goods.

10.4. Goods for sale goods are not subject to discounts. The Seller has the right to determine other types of goods which are not subject to discounts.

10.5. The Buyer can use only one discount code or available gift vouchers during one shopping.

11. DELIVERY OF THE GOODS

11.1. The Buyer, when ordering goods, must indicate in the application:

11.1.1. Place and time of delivery of goods when the Buyer requests the goods to be delivered by courier;

11.1.2. Selected post office outlet, or terminal to which the goods must be delivered at the Buyer's request. When goods are sent in this manner, it is necessary to comply with the requirements of these parcel self-service terminals (for example, the maximum weight or dimensions);

11.1.3. Request to collect the goods in the Seller's shops:

11.2. If the Buyer chooses to collect the goods in the manner specified in paragraph 12.1.3 of the Sale and Purchase Rules, when the goods are delivered to his chosen collection point, the Buyer is informed in the Online Shop system, as well as by e-mail and (or) by SMS. The Buyer must collect the goods within 3 (three) days from the moment of notification. Upon due date, the Seller may, at its own initiative, terminate the Sale and Purchase Contract and sell other goods not collected by the Buyer to other buyers. The Buyer is reimbursed no money for the paid goods according to paragraph 11.14 of the Sale and Purchase Rules.

11.3. Products are handed over to the person indicated in the order form. In case the specified person is unable to accept the items in person, and the goods are delivered at the Buyer’s specified address, and based on the information provided by the Buyer, the Buyer shall not be entitled to submit claims to the Seller regarding the delivery of goods to the wrong person or other problems of delivery.

11.4. In the order form the Buyer has the right to indicate that the goods will be delivered to the consignee. In this case, the Buyer must specify the consignee's name, address, contact telephone number and e-mail address.

11.5. Before delivering the goods the Seller or his authorized representative must contact the Buyer or the consignee, and once again clarify the terms of delivery (delivery place and time, and the person collecting the goods).

11.6. The goods are delivered to the Buyer or the consignee within the time limit agreed between the carrier and the Buyer individually. The carrier must contact the Buyer according to the telephone number indicated by the Buyer in the order form. The Buyer agrees that in the event of unforeseen circumstances beyond the control of the Seller, the delivery period may differ from the delivery time agreed by the Buyer and the carrier. Under these circumstances, the carrier shall immediately contact the Buyer and rearrange the delivery deadlines and other delivery-related issues.

11.7. If the Seller does not have required items in stock, the Buyer is informed about the shortage of goods ordered and delivery terms.

11.8. In all cases, the Seller will be exempted from liability for breach of the terms of delivery, if the goods are not delivered to the Buyer or delivered late with no fault of the Buyer or the consignee, for the force majeure circumstances.

11.9. The Buyer undertakes to accept the goods in person or indicate the details of the person who will accept the goods, in the order form. In case he or his authorised person is unable to accept the items in person, and the goods are delivered at the Buyer’s specified address, and based on the information provided by the Buyer, the Buyer shall not be entitled to submit claims to the Seller regarding the delivery of goods to the improper person or other mismatches of delivery. If the Buyer or the consignee do not accept the goods with prepayment, he will be charged additionally for repeated arrangements of delivery. The Seller reserves the right to withdraw the order if the goods are not accepted for more than 5 (five) calendar days because of the fault of the Buyer or the consignee.

11.10. The goods are delivered by the Seller or his authorized representative. The Seller or his authorized representative verifies the Buyer or consignee's identity according to the identity document (passport, identity card, driving license of the new model). The Seller or his authorized representative must make a record of the (not)verified identity of the Buyer of the consignee and about the acceptance and delivery of goods in the document, and transfer or refuse to transfer the goods.

11.11. The Seller undertakes to deliver the goods to the Buyer in accordance with the deadlines indicated in the descriptions of goods, but no later than within 30 days. These terms shall not apply in cases where the Seller has no required items in stock and the Buyer is notified about the shortage of goods in stock. The Buyer agrees that in the event of unforeseen circumstances beyond the control of the Seller, the deadline for the delivery of goods may be different than that indicated in the descriptions of goods or the deadline individually agreed between the Buyer and the Seller. In case of unforeseen circumstances, the Seller undertakes to immediately contact the Buyer and coordinate the delivery deadlines and other delivery-related issues.

11.12. In cases where the Seller cannot send all goods ordered by the Buyer within the specified time, the Seller shall send some of the goods within the required deadline and send the remaining goods in a later shipment. Later costs of the delivery of parcel shall be borne by the Seller.

11.13. During the deliverables, they are transferred to the Buyer together with the VAT invoice – an invoice (bill of lading) or another documents to attest the parcel transfer.

11.14. During the delivery of goods the Buyer must inspect the condition of the parcel together with the Seller or his authorised representative. When the Buyer signs the VAT invoice (waybill) or other document of transfer and acceptance of the parcel, it shall be assumed that the parcel has been delivered in a good condition. Upon noticing that the package is damaged (crumpled, wet or otherwise externally damaged), the Buyer must make a comment on the invoice (consignment note) or other document of delivery, and with participation of the Seller or his authorized representative draft a statement of the parcel damage in a free-form. If the Buyer does not draft a free-form statement of the parcel damage, the Seller shall be exempted from liability against the Buyer for the damage of goods if such damage was due to package damage or was caused during such damage.

11.15. The delivery (transportation) service fee is charged according to the costs of the delivery (transportation) company. When the goods are delivered outside the territory of the Republic of Lithuania, the delivery (transportation) service fee is set by a separate written agreement between the Buyer and the Seller. If the order of goods exceeds EUR 50, the goods are delivered free of charge in the Republic of Lithuania. The Seller has the right to impose special delivery (transportation) service fee discounts to buyers who meet the conditions of the Seller's Online Shop.

11.16. The goods are delivered in the territory of the Republic of Lithuania or any other EU Member State.

12. PRODUCT QUALITY GUARANTEE AND SHELF LIFE

12.1. Properties of goods are sold in the Online Shop are provided in the product description available in the website www.ow-studios.com.

12.2. The Seller is not responsible that the colour, shape or other parameters of the item sold on the Online Shop may not correspond to the real size, shapes and colours of the items because of the display characteristics used by the Buyer.

12.3. The Seller provides a quality warranty. It’s length and other conditions are provided in the product description.

12.4. Where no quality guarantee warranty is provided for the goods, the quality warranty specified in the legislation Is applied.

12.5. Product warranty services are provided to the Buyer by the after-sales service centre indicated by the Seller.

12.6. In cases where, based on the legislation, a certain expiry date is applicable for the goods, the Seller undertakes to sell such items to the Buyer the way enabling the Buyer to really use these items before the expiry date.

13. RETURNS AND EXCHANGES OF POOR QUALITY ITEMS

13.1. Defect statements of products are prepared, and substandard goods are replaced or returned in accordance with the effective version of the Retail trade regulations approved by resolution No 697 of 11 June 2001 of the Government of the Republic of Lithuania “On the approval of the Retail trade regulations”.

13.2. The following conditions must be complied with when the Buyer sends the goods according to paragraph 13.1 of the Sale and Purchase Rules:

13.2.1. Items must be returned in original orderly packaging;

13.2.2. The returned item must have the same components as those received by the Buyer;

13.2.3. Returned items must be clean;

13.2.4. The warranty period of the returned item must not be expired;

13.2.5. A written request indicating the one of the possible options selected must be submitted: to remedy the defects of item free of charge, to replace the item of substandard quality with the item of good quality free of charge, to reduce the price of item in proportion to its defects, to terminate the contract unilaterally and to repay the price paid for the item;

13.2.6. The item purchase document (cash register receipt, invoice, document confirming the reception of goods) must be submitted.

13.3. The product shipping/delivery costs, when the goods are sent by the Buyer to the Seller for return or replacement because of quality defects or remedy of defects, or for verification, are paid by the Seller, if the goods sent for replacement have defects. If no defects are found in the goods, the shipping costs are borne by the Buyer. Delivery of product exchanged to a different size, colour or model, is free of charge. The Buyer and the Seller agree on repeated delivery of goods or collection by e-mail or telephone.

13.4. The Buyer, in order to replace the returned goods with other goods, must indicate the preferred goods and the reasons for return in the online shop system, under paragraph 13.2 of the Sale and Purchase Rules. If the value of the replaced item is higher than the value of the returned item, the Buyer is required to pay a price difference in one of the methods indicated in section 8 of the Sale and Purchase Rules. If the value of the replaced item is less than the value of the returned item, the Seller shall return the price difference to the Buyer.

14. RETURN OF GOODS IN CASE OF WITHDRAWAL OF THE CONTRACT

14.1. The Buyer – a natural person – has the right, without giving any reason and without incurring costs other than those set out in the Civil Code, Article 6.228-11, within fourteen days may withdraw from the contract saved for the exceptions provided for in the Civil Code, Article 6.228-10 paragraph 2. The Seller shall grant no such right to the Buyer – a legal entity.

14.2. In order to withdraw from the Sale and Purchase Contract in the manner referred to in paragraph 14.1 of the Sale and Purchase Rules, the Buyer is required to submit his expressed decision by e-mail info@ow-studios.com, indicating in the subject line the number of VAT invoice and the text “Termination of Sale and Purchase Contract”. When the goods are returned, it is necessary to submit the proof of purchase (VAT invoice).

14.3. When the Buyer is returning the goods after the termination of the Sale and Purchase Contract termination, he must comply with the following conditions:

14.3.1. The returned item has not been used;

14.3.2. The returned item has not been tampered with;

14.3.3. The item is returned in its original and undamaged package;

14.3.4. Original labels have not been removed from the returned item;

14.3.5. The returned item must have the same components as those received by the Buyer;

14.3.6. The returned item must have not lost its marketable appearance due to the fault of the Buyer (except for the changes of appearance which are inevitable in order to inspect the item). The Seller must inform the Buyer by e-mail within 15 days whether his returned item has met the conditions listed above.

14.4. The Seller, upon receipt of the Buyer’s notice referred to in paragraph 14.2 of the Sale and Purchase Rules, must immediately confirm in a durable medium to the Buyer that he has received his refusal from the Sale and Purchase Contract. The burden of proof that the requirements for withdrawal of the contract have been followed lies with the Buyer.

14.5. The deadline for withdrawal from the Sale and Purchase Contract expires after fourteen days of the conclusion of the Sale and Purchase Contract, – from the date on which the Buyer or the persons specified by the Buyer, other than the carrier, receives the ordered goods or if more than one item was ordered by the Buyer during one order and goods are delivered separately – from the date on which the Buyer or the person indicated by the Buyer other than the carrier receives the last item; if the items are delivered in different lots or parts – from the date on which the Buyer or the person indicated by the Buyer other than the carrier, has received the last lot or part.

14.6. When the Buyer implements the right referred to in paragraph 14.1 of the Sale and Purchase Rules to withdraw from the contract, the obligations of the parties to perform the remote sale contract or the contract signed outside the commercial premises or to enter into the room of contract or the contract outside the commercial premises shall expire if the Buyer has submitted a proposal to conclude such a contract.

14.7. The Seller shall immediately and no later than in fourteen days from the date on which it received the notification of the Buyer on withdrawal from the Sale and Purchase Contract, must return to the Buyer all money paid by him including the item delivered costs paid by the Buyer. When the Buyer implements the right to refuse from the Sale and Purchase Contract, the Buyer shall bear the direct cost of returning the goods. By repaying all amounts paid by the Buyer, the Seller shall use the same method of payment, which was used by the Buyer for payment of the Seller, unless the Buyer has expressly agreed on a different payment method and if the Buyer does not incur any additional costs.

14.8. In cases when the Buyer returns only one or several, but not all the items delivered, the item delivery cost shall not be reimbursed to him, if the delivery amount does not depend on the delivered quantity of items, their value or other properties. In cases where the delivery amount is dependent on the delivered quantity, value or other properties of items, part of the delivery fee by which the delivery amount has increased in comparison to the delivery amount would be paid by the Buyer if he would not have returned the item, shall be reimbursed to the Buyer. 

14.9. The Seller is not obliged to repay the Buyer any additional costs that have incurred due to the fact that the Buyer has expressly opted for a different delivery method than the usual delivery method of the Seller.

14.10. The Seller cannot return the amounts paid by the Buyer until the goods are not returned to the Seller or until the Buyer provides evidence that the goods are sent to the Seller, depending on what occurs first. The Buyer shall be noticed that the Seller has received the returned goods, in the Online Shop system and (or) by e-mail or SMS text message.

14.11. The Buyer shall immediately and no later than in fourteen days from the date of submission of notification of the withdrawal from the Sale and Purchase Contract to the Seller shall send to transfer the goods to the Seller or his other authorised person, at the Seller’s address from which the goods were delivered to the Buyer (see the invoice or the document of acceptance and delivery of the parcel). The Buyer must add a letter with personal details, account number and order number in the parcel with the returned item. When the Buyer has exercised the right of withdrawal from the contract, the Buyer shall bear the direct cost of returning the goods.

14.12. If the Sale and Purchase Contract was signed outside the commercial premises and the item was delivered at a residential place of the Buyer on the moment of contract, when the Buyer withdraws from the contract, the Seller has to collect the item with at his own cost, where it cannot be returned by post because of the characteristics of the item.

14.13. The Buyer is responsible only for the reduction in the value of item caused by actions which are not specifically the nature, characteristics and functions of the item. The Buyer is not responsible for the reduction in the value of item if the Seller did not provide information about the right from withdrawal from the contract in accordance with the Civil Code, Article 6.2287 paragraph 1, part 7.

14.14. When the Buyer exercises the right to withdraw from the contract, additional contracts shall be automatically cancelled with no additional cost to the Buyer, except for those provided for in this paragraph, or in the Civil Code, Article 6.228-12. Additional contracts mean contracts under which the Buyer acquires goods or services related to the contract, and these goods and services are supply by the Seller or other person under the agreement with the Seller. The Buyer must immediately notify in writing the other party of the contract about the termination of contract and provide further details about refusal from the remote contract or contracts signed outside the commercial premises. A separate notice of the Buyer is not required in cases where an additional contract was signed with the same Seller, who has been notified of the withdrawal from the contract according to the Civil Code, Article 6.228-10.

15. LIABILITY

15.1. The Seller is not responsible for the links to websites of other companies, organizations or individuals on the Online Shop, and for information and activities carried out therein. The Seller does not monitor or control these sites and does not represent those enterprises, institutions, organizations and individuals.

15.2. In case of failure to comply with the Sale and Purchase Contract in part or in full, the guilty party shall indemnify the other party for direct losses, i.e., the costs incurred by the party because of the act of the guilty party.

16. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

16.1. The Seller will guarantee the rights of the data entities under the Law on Personal Data Protection and other legislation regulating the processing of personal data. The Buyer shall handle the Seller’s personal data for the purposes of e-commerce (customer order fulfilment and after-sales service) and direct marketing.

16.2. The Seller shall receive and manage the Buyer's personal data for e-commerce purposes: full name, address, telephone number, e-mail address, residential address, purchase related information (date of purchase, item, price, quantity, marking about the progress of the order, password, IP address, discount code). These personal data shall be stored for 5 years after the last login of the Buyer to the customer's account. Afterwards, the personal data will be deleted by the Seller's authorized employee.

16.3. The Seller with the Buyer’s consent or in the case provided for in Article 14, paragraph of the Law on Personal Data Protection, can process the Buyer's personal data for direct marketing purposes: full name, address, telephone number, e-mail address, residential address, as well as other information provided at the Buyer’s initiative (category of goods purchased in the Online Shop, hobby, data confirming the right to participate in promotions, documents confirming compliance with the conditions of advertising campaigns (e.g., purchase receipt date and number), IP address). Such personal data shall be stored for the time period at the Buyer's choice (from 1 to 10 years); details of persons who did not object to the processing of their personal data for direct marketing purposes, will be stored for 5 years from data receipt. When the aforementioned time limits are due, personal details will be deleted by the authorised Seller's employee.

16.4. The Seller shall receive the personal details referred to in paragraphs 16.2 and 16.3 of the Sale and Purchase Rules directly from the Buyer (when he logs in the client account other webpage and initiates the Sale and Purchase Contract). The Seller shall not process personal data obtained in other ways.

16.5. The Buyer confirms that he had access to the personal data processing conditions and has the following rights:

16.5.1. The Buyer, upon submission of the ID document or upon confirming his identity by means specified in legislation or by means of electronic communication enabling due identification of a person, shall be entitled to have access to his collected details and check their processing, i.e., obtain information about the sources from which his personal details were received and about his personal details that were received, to whom they are sent, require to delete his personal details or suspend personal detail processing where the personal details are processed not in accordance with the Law on Personal Data Protection of the Republic of Lithuania and other legislative provisions;

16.5.2. The Buyer may give his consent or disagreement on the processing of his personal details in writing, by e-mail, with which he has signed up in the Online Shop, stating his full name;

16.5.3. The Buyer has the right to object to the processing of his personal data for direct marketing purposes without giving reasons for objection;

16.5.4. Other rights provided for in the Law on Personal Data Protection and other regulatory provisions.

16.6. The Buyer has the right to request the correction, deletion of personal data or for suspending the processing of personal data by stating it in writing or visiting the Seller’s place of operations person.

16.7. The Buyer undertakes to ensure the security of personal data for the Buyer and implement appropriate technical and organizational measures to protect personal data against unauthorized destruction and/or accidental alteration, disclosure and against any other unlawful processing. All Seller's employees and its agents are committed to protecting the personal data of the Buyer.

16.8. The Seller can submit personal data within the extent and procedure specified in the Sale and Purchase Rules are the data subject, parcel delivery companies, as well as other data recipients where the Seller is obliged to provide personal data in accordance with laws, court decisions and other legal acts.

17. FINAL PROVISIONS

17.1. Communication between the Buyer and the Seller, including, but not limited to, notices, correspondence, shall take place in a written form. Notices sent by e-mail are also equivalent to the written form of communication. E-mail notifications are considered to be received when 96 hours have passed after sending.

17.2. The Seller reserves the right to change, modify or complement Sale and Purchase Rules at any time, in the light of the statutory requirements. The Buyer signed up in the Online Shop system shall be informed of any changes, corrections or additions on the moment of logging in. The Buyer who purchases goods in the Online Shop agrees with the amended, corrected, and modified Sale and Purchase Rules. The Buyer's consent is expressed by placing the order to the Seller. The possibility to buy goods in the Online Shop is offered only to buyers who agree with the valid Sale and Purchase Rules. Changes are not made for orders confirmed and being carried out.

17.3. Disputes relating to the purchase and sale of goods in the Online Shop are settled by negotiation. In the event of failure to agree by negotiation within 15 business days from the date on which either party gave the other party a request to resolve a dispute, the disputes shall be settled in the court of the Republic of Lithuania according to the address of the Seller (except where the law provides otherwise), under the Lithuanian law.

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INFORMATION ON WITHDRAWAL FROM THE REMOTE CONTRACT OR CONTRACTS SIGNED OUTSIDE THE COMMERCIAL PREMISES 

Right of withdrawal

You have the right to withdraw from this Sale and Purchase Contract within 14 days without giving any reason. This right does not apply to all goods. The period for withdrawal from the Sale and Purchase Contract will expire after 14 days from the date on which you or your selected person other than the carrier receives the goods, or on which you or your selected person other than the carrier receives the last item – for contracts according to which the Buyer orders more than one item and they are delivered separately, or which you or your selected person other than the carrier receives the last item of part – for contracts according to which the items are delivered in lots or in parts.

To exercise the right of withdrawal of the Sale and Purchase Contract you have to notify UAB First Priority, incorporated and operating under the laws of the Republic of Lithuania, registration No 300153287, operation address Radvilų dvaro g. 4, LT-48320 Kaunas, web address www.ow-studios.com, at info@ow-studios.com of your decision to withdraw from this Sale and Purchase Contract by submitting an unequivocal statement (e.g., by mail, fax or e-mail). You can use the attached model withdrawal form, but it is not mandatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.ow-studios.com. If you use this option, we will immediately send you a confirmation in a durable medium (e.g., e-mail) that we have received such withdrawal from the Sale and Purchase Contract 

In order to comply with the withdrawal deadline, it is sufficient for you to send a notice about exercising your right to withdraw from the Sale and Purchase Contract before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Sale and Purchase Contract, we will immediately and in any event no later than 14 days from the date of receipt of your decision to withdraw from the Sale and Purchase Contract, refund the money received from you, including delivery charges, if delivery costs were not ordered separately from the acquisition of goods (excluding additional costs incurred if you have chosen not our cheapest standard method of delivery but other delivery method, also where the product was not delivered because of your or the consignee's fault). In cases when the Buyer returns only one or several, but not all the items, the item delivery cost shall not be returned to him, if the delivery amount does not depend on the delivered quantity of items, their value or other properties. In cases where the delivery amount is dependent on the delivered quantity, value or other properties of items, part of the delivery fee by which the delivery amount has increased in comparison to the delivery amount that would be paid by the Buyer if he would not have returned the item, shall be returned to the Buyer. We will reimburse in the same payment method which you used for making the initial payment transaction, unless you have expressly agreed to use another method; in any case, you will not have to pay any of the reimbursement-related fees.

Having withdrawn from the Sale and Purchase Contract you must promptly and in any event no later than in 14 days from the date of notifying of your decision to withdraw from this contract, send the goods back or transfer them to UAB First Priority, incorporated and operating under the laws of the Republic of Lithuania, registration No 300153287, operation address Radvilų dvaro g. 4, LT-48320 Kaunas, intact, if you send back the goods before the expiry of the 14-day period. Having withdrawn from the contract, you will have to bear the direct cost of return.

We may withhold compensation until we receive the goods.

For contracts signed outside the commercial premises, where the goods because of their nature cannot be returned by usual host or were delivered to the Buyer’s house on the moment of contract, we will collect the goods at our own expense.

You are responsible only for the reduction in the value of goods caused by actions not required to determine the quality of goods not necessary for its nature, properties or functioning of the goods.

SAMPLE FORM FOR WITHDRAWAL FROM THE REMOTE CONTRACT OR CONTRACT SIGNED OUTSIDE THE COMMERCIAL PREMISES 

(Complete and return this form only if you want to withdraw from the contract)

 – UAB Fist Priority, registered and operating under the laws of the Republic of Lithuania, registration No 300153287, operation address Radvilų dvaro g. 4, LT-48320 Kaunas.

 – I hereby inform that I withdraw from the Sale and Purchase Contract entered into on ______ 201 ____, Invoice No ____ for the following goods,

 – Received,

 – Buyer’s full name,

 – Buyer’s address,

 – Buyer's personal bank account number (first name, last name, account number, if funds are returned not to the Buyer's personal bank account)

 – Buyer's signature (only if this form is submitted on paper)

– Date.


Note. When the Buyer is returning the goods after the termination of the Sale and Purchase Contract, he must comply with the following conditions:

1. The returned item has not been used;

2. The returned item has not been tampered with;

3. The returned item is in its original and undamaged packaging, except for changes in the appearance of the packaging that are inevitable in order to inspect the item;

4. Original labels have not been removed from the returned item;

5. The returned item must have the same components as those received by the Buyer;

6. The returned item must have not lost its marketable appearance due to the fault of the Buyer (except for the changes of appearance which are inevitable in order to inspect the item). The Seller must inform the Buyer by e-mail within 14 days whether his returned item has met the conditions listed above.