Terms of service
OVERVIEW
This website is operated by GESME. Throughout the site, the terms “we”, “us” and “our” refer to GESME. GESME offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any Services.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or region of residence, or that you are the age of majority and have given us consent to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction while using the Service, including copyright laws.
You must not transmit worms, viruses or destructive code.
A breach or violation of any Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or contact on the website through which the Service is provided without our express written permission.
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, complete or timely sources. Any reliance on material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify site content at any time but have no obligation to update information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or any part or content thereof without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. They may have limited quantities and are subject to return or exchange only according to our Refund Policy: Refund Policy.
We make every effort to display product colours and images as accurately as possible. We cannot guarantee that your computer monitor will display every colour accurately.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction, and may exercise this right case by case. We reserve the right to limit quantities. Product descriptions and prices may change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer is void where prohibited.
We do not warrant that the quality of products, Services, information or other material purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household or order, including orders under the same customer account or credit card and/or using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the email address and/or billing address/phone number provided with the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information and to promptly update your account and other information so that we can complete transactions and contact you as needed.
For more detail, review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms under which the relevant third-party provider offers them.
We may also offer new Services and/or features through the website in the future. Such features and/or Services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability for third-party materials, websites, products or Services.
We are not liable for harm or damages related to purchases or use of goods, Services, resources, content or transactions connected with third-party websites. Review third-party policies and practices carefully before engaging in a transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send specific submissions at our request, such as contest entries, or without a request send creative ideas, suggestions, proposals, plans or other materials online, by email, post or otherwise (collectively, “comments”), you agree that we may at any time and without restriction edit, copy, publish, distribute, translate and otherwise use those comments in any medium. We have no obligation to keep comments confidential, pay compensation for them or respond to them.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable or in violation of intellectual property rights or these Terms.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material, viruses or malware. You may not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of comments. You are solely responsible for your comments and their accuracy. We assume no liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information in the Service or any related website is inaccurate, at any time without prior notice, including after you submit an order.
We undertake no obligation to update, amend or clarify information in the Service or related websites, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit others to perform unlawful acts; (c) to violate applicable regulations, rules, laws or ordinances; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code affecting the Service, related websites, other websites or the Internet; (h) to collect or track others' personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service, related websites, other websites or the Internet. We reserve the right to terminate your use of the Service or related websites for violating prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered through it are, except as expressly stated by us, provided “as is” and “as available” without representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall GESME, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, revenue, savings or data, replacement costs or similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of any Service or products procured using the Service, or for any other claim related to your use of the Service or any product, including errors or omissions in content or loss or damage incurred through use of the Service or content or products made available through it, even if advised of their possibility. Where a jurisdiction does not allow exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GESME and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms or documents incorporated by reference, or your violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive termination for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our Services or any part thereof.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written, including prior versions of the Terms.
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Lithuania.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service following the posting of changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@gesme.lt.
Our contact information is provided below:
info@gesme.lt