1. General provisions
1.1. Use of materials and services of the Site is regulated by the norms of the current legislation of the Republic of Lithuania.
1.2. This Agreement is a public offer. By accessing the content of the Site, the User is considered irrevocably and unconditionally accepting this Agreement. The User is obligated to fully familiarize themselves with the terms of this Agreement prior to registering on the Site and/or placing the "tick" symbol. The User’s registration on the Site means complete and unconditional acceptance of the User Agreement (in accordance with Article 6.173 of the Civil Code of the Republic of Lithuania).
1.3. The following terms and definitions apply in this document and related or following parties' relations:
- Agreement is this public offer, including all its conditions, with all the additions, changes and the obligatory documents specified in it, as well as the contract concluded on its basis;
- Administration of the Site (Administrator) is authorized representatives of UAB Vivos Interjeras, establishing the procedure for the use of the Site, controlling the operation of the Site and controlling the implementation of this Agreement by the Users;
- Buyer (User) is a competent adult private person or legal entity who has voluntarily registered on the Site, and is one of the parties to this Agreement;
- A site is an entirety of integrated firmware, hardware and software, as well as information intended for publication on the Internet and displayed in a specific text, graphic or audio form, located in the domain zone viva-interiors.com. The Site is a platform for placing offers on the sale of products by manufacturers;
- Personal data is the information provided by the User during the Registration procedure on the Site, which indicates to the User personally, and other details that may be reasonably attributed to such information, including but not limited to: a surname, first name, middle name, e-mail, the position and the name of the organization in which the User works, as well as other information provided by the User at Registration on the Site. The reporting of such data is a prerequisite for the acceptance of the Offer. The data is stored in the Administrator's database and is to be used exclusively in accordance with this Agreement and the current legislation of the Republic of Lithuania;
- Processing of personal data is an action (operation) or a set of actions (operations) carried out with personal data, including collection, recording, systemization, accumulation, storing, updating, altering, retrieving, use, transmission (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data, using automation means or without such means;
- Confidentiality of personal data is a requirement to prevent distribution of this information without the consent of the subject of personal data or the availability of another legal basis, which is obligatory for the Administrator or other persons who have access to the personal data;
- Personal Data Controller is the Administrator;
- Cookies are a small chunk of data sent by the web server and stored on the user's computer, which the web client or web browser sends to the web server each time in an HTTPS request when trying to open up the viva-interiors.com page. This definition covers not only cookies but also the use of such tools such as the result of the Buyer's registration at viva-interiors.com, after which an account is created storing their personal data and the history of the orders.
- IP address is the unique network address of the host built on the IP protocol;
- Mobile application is the application software intended for installation and use on the Device allowing the User to access the Site using the communication network;
- Service (services) is a set of technical and technological capabilities of the Site provided by the Administrator to the User after the acceptance of this Agreement;
- Internet page (HTML page) is the Site page, a collection of informational materials integrated by the hardware and software, including text, graphics, intended for the publication of data on the Internet as part of the Site;
- Content is images, text, audio and video materials, pdf, word, excel - documents, as well as other objects of copyright and (or) related rights, as well as information and messages of any nature that are not of such nature;
- Registration is a procedure in which the User provides credible information about themselves on the form approved by the Administration of the Site, as well as the Password. Registration is deemed to be completed only if the User passes through all stages of the transaction, including the activation carried out by following a unique link sent to the e-mail specified by the User;
- The activation of this link by the User is the moment of the conclusion of this Agreement between the User and the Administrator, i.e. full and unconditional consent of the Parties with the terms of this Agreement;
- Account is the result of the User's registration on viva-interiors.com, after which an account is created storing their personal data and the history of the orders;
- Administrator accounts are accounts of UAB Vivos Interjeras in social networks Facebook, Twitter, Linkedin, etc., which provide information about viva-interiors.com and services provided by it;
- Services are all the services provided to the User on the site viva-interiors.com;
- Account is a set of data about the User, including the information provided by the User and the Site’s internal information about the User;
- Personal Account is an Internet page ("profile") containing Personal User Data, created with the help of the site's software capabilities as a result of receiving the Account by the User. The User accesses the Personal Account after registration and / or authorization on the Site. The personal account is intended for storage of personal data of the User, viewing and management of available functions of the Site and corresponding conditions of use of the Site;
- Login is a combination of Latin characters and numbers representing a unique user account name.
- Password is an alphanumeric code entered by the User upon Registration, stored by both parties of this Agreement in secret from third parties and used in combination with Login to access the User's access to the Services of the Site;
- The login and password entered by the User are recognized by the Parties as an equivalent of the User’s handwritten signature;
- Authorization is the process of analysis of user-entered authentication data, performed by the program part of the Site, resulting in determining whether the User has the right to access the internal pages of the Site and the User's Personal Page;
- Authentication data is a unique identifier (login, e-mail) and the User's password used to access the internal pages of the Site and the User's Personal Account;
- Unauthorized access is an access to the Personal Page by a person not registered or authorized, or an access to the Personal Page by a person who illegally seized data sufficient for the authorization procedure;
- The seller is a legal entity or individual entrepreneur who posts information about the goods and / or services that they sell on the Site. The seller may be both the Administration and any other person to whom the Administration has granted the right to post information about the product and / or services. The name of the Seller is indicated in the documents for the transfer of the Goods to the Buyer (act of receipt-transfer, bill of lading, merchant receipt, fiscal check, etc., confirming the fact of transfer of the Goods to the Buyer);
- Payer is the person paying for the Buyer's order;
- Recipient is a person specified by the Buyer in the ordering form as a party and authorized by the Payer to receive the Goods. Unless otherwise is indicated in the ordering form, the Payer is the Recipient;
- Visitor is an Internet user, not registered on the Site, who has access only to the free information resources of the Site;
- Goods are goods, services, other tangible and intangible objects, information about which is placed on the Site;
- A brand is a "name, term, sign, symbol or design, or a combination of all of these, intended to identify products or services of one manufacturer or group of producers legally registered in the country of origin of the goods;
- Order is the User's address to the Seller through the Website, e-mail, Skype and / or by telephone call with the request to implement the sale of goods, as well as the totality of goods specified in the User’s order;
- Offer (specification) is the product information posted by the Seller in the Buyer's Personal Account, which includes information about the product, its price, payment and delivery methods, information on discounts and promotional offers for the goods, as well as other terms of purchase of the goods. The Offer Terms are set by the Seller. The offer is information about possible terms of purchase of goods;
- Parties are the Seller, the Buyer.
1.4. Other terms and definitions not specified in clause 1.3 of this Agreement may be used. In this case, the interpretation of such term is made in accordance with the text of the Agreement. In the absence of an unequivocal interpretation of the term or definition in the text of the Agreement and other documents forming the arrangement on the terms of the Agreement, it should be guided by its interpretation, defined in the first place by the legislation of the Republic of Lithuania and, subsequently, by usual and customary business practices.
1.5. Your use of the Site and / or the Service on its basis in any way and in any form within the limits of their declared functionality and purpose, include:
- registration and / or authorization on the Site using data authentication;
- viewing and downloading materials posted on the Site;
- the placement or display any Content on the Site;
- other use of the functionality of the Site or the Service provided.
1.7. The complete and unconditional acceptance by the User of the terms of the following documents (hereinafter referred to as "mandatory documents") is the mandatory condition for the use of the Site and the provision of the Service on its basis:
1.7.1 The Site Rules and the Mobile Application of the same name, placed on the pages of the specified Site and regulating the conditions of placing orders, payment, delivery of Goods, as well as use of the functionality of the Website and its associated Mobile application;
1.8. Relations in the field of consumer rights protection are regulated by the Civil Code of the Republic of Lithuania, the Law "On the Protection of Consumer Rights" and other laws and legal acts of the Republic of Lithuania adopted in accordance with the law.
1.9. The current version of the Agreement is published on the page at viva-interiors.com/company/agreement.html.
2. Subject and terms of the agreement
2.1. The text of this Agreement (referred to as "the Agreement”) is a public offer (in accordance with Article 6.171 of the Civil Code of the Republic of Lithuania), determines the rules and conditions for the provision and use of the Site, the Services of the Site and information placed on the Site, as well as the rights, obligations and mutual responsibility of the Parties to the Agreement. (the Site Administration and the User).
2.2. This Agreement may be concluded by a legally capable User who has reached the age of 18 years, by reference to specific features provided for in Chapter 2.5 of the Civil Code of the Republic of Lithuania. By accepting the terms of the Agreement, you confirm your legal capacity, accept the obligations arising from the use of the site viva-interiors.com and the conclusion of this Agreement.
2.3. The Agreement is a legally binding agreement between the User and the Administration of the Site, the subject of which is the rendering of services for the use of the Site and its services or the sale of Brand products placed on the Site, provided by the Site Administration to the User.
2.4. In case of disagreement with any terms of the Agreement, the User undertakes to abandon the use of the Site without any further delay.
2.5. The acceptance of this offer (the Agreement) is the registration of the User on the Site or ordering the Goods by the Buyer in accordance with the terms of this offer.
2.6. By accepting this offer, the User/Buyer expresses the consent and permits: UAB Vivos Interjeras (a law person registered and acting under the legislation of the Republic of Lithuania, legal entity code 304203990, VAT payer code LT100010025417, legal address 7 Konstitucijos Avn., LT - 09308 Vilnius, (hereinafter referred to as “the Operator”) to process their personal data, including surname, name, patronymic, date, birth, gender, biometric personal data, company name, type of activity, place of work and position, type of housing, area of the object, postal address; home, work, mobile phones, e-mail, delivery address, including collection, systematization, accumulation, storage, refinement (update, modification), use, distribution (including transfer in the territory of the Republic of Lithuania and cross-border transfer), depersonalization, blocking, destruction of personal data, as well as transfer to the counteragents of the Operator for the purpose of further processing (including collection, systematization, accumulation, storage, refinement (update, modification), use, distribution (including transfer in the territory of the Republic of Lithuania and cross-border transfer), depersonalization, blocking, destruction of personal data) for research aimed at improving the quality of services, for marketing programs, statistical research, as well as for the promotion of services in the market through direct contacts with the Buyer by various means of communication, including, but not limited to, mail, e-mail, telephone, fax, Internet.
2.7. The Buyer agrees and allows the Operator and the counterparties of the Operator to process the Buyer personal data, using automated database management systems, as well as other software specifically designed by order of the Operator. Work with such systems is carried out according to the algorithm prescribed by the operator (collection, systematization, accumulation, storage, refinement, use, blocking, destruction). The used methods of processing (including, but not limited to) are automatic verification of codes with the code base, automatic checking of street names/localities, automatic verification of VIN validity and state registration marks, data refinement with the Buyer by telephone, postal communications with the Buyer or through the Internet, segmentation of the database according to the specified criteria. The Buyer agrees that, if it is necessary for the realization of the purposes indicated in this offer, their personal data received by the Operator may be transmitted to third parties to whom the Operator may entrust the processing of the Buyer’s personal data on the basis of an agreement concluded with such persons, subject to compliance with the statutory requirements of the Republic of Lithuania on the provision of such third parties the confidentiality of personal data and the security of processing it. Upon transfer of specified data to the Buyer, the Operator warns the persons receiving the Buyer's personal data that the data is confidential and can be used only for the purposes for which they are notified, and requires these persons to comply with this rule. The Buyer has the right to request from the Operator full information about his personal data, its processing, and use, and also to request the exclusion or refinement/addition of incorrect or incomplete personal data by sending a corresponding written request to the Operator's name on the postal address.
The consent of the Buyer to processing their personal data is for an unlimited period of time and may be withdrawn by sending a written application to the Operator by postal address.
2.9. The agreement concluded on the basis of acceptance by the Buyer of this offer, is an agreement of accession, to which the Buyer joins without any exceptions and/or reservations.
2.10. The fact of the execution (payment) of the order by the Buyer is the unconditional fact of acceptance by the Buyer of the terms of this Agreement.
2.11. The Offer is deemed accepted by the Seller, if the Seller has carried out actions indicative of acceptance of the Buyer's offer, namely: actually shipped the goods, began to render services in accordance with the conditions provided for by the Buyer's offer, provided an account for payment of the ordered goods.
2.12. The seller has the right to offer to sell the goods under other conditions after receiving the buyer's offer. In this case, this offer is considered a counter-offer and must be accepted by the Buyer. The physical receipt of the order by the User and/or the Recipient of the goods under the conditions provided for by the counter offer is deemed an acceptance of a counter-offer. The seller has the right to withdraw the counter-offer until the goods receipt by the Buyer.
2.13. The agreeing of all essential terms of the Parties is the payment and/or actual receipt of the goods by the Buyer, as well as the shipment of the goods by the Seller.
2.14. The Parties agree that the Seller and/or Administration of the Site will send any notifications of availability of the goods, acceptance of the order, terms of delivery of the goods, their price, terms and payment forms, status and/or changes in the status of the order, etc., sent by the Seller and/or The administration of the Site via e-mail, SMS, telephone, is solely a notice to the Buyer about the receipt of the offer by the Seller and can not testify to its acceptance by the Seller.
2.15. The Product information is displayed on viva-interiors.com and is dynamic. This means that the information may be updated, altered and supplemented by the Administration at any time without prior notice to the User. Any information on the product of the Brand, promotional terms, price of the product, and any other terms of service provided by the Seller are displayed on the site viva-interiors.com.
2.16. The product photos posted on the website viva-interiors.com may differ from the actual appearance of the product, taking into account the color transmission of various devices through which the Site is viewed. Accompanying Product description/characteristic do not claim to be exhaustively informative and may contain typos.
2.17. The Administration of the Site has the right at any time to unilaterally change the terms of this Agreement. Changes come into effect from the moment the new version of the Agreement is posted on viva-interiors.com.
3. Effect of the Agreement
3.1. This User Agreement is an agreement between the User and the Site Administration regarding the use of the Site and its services, and it replaces all previous agreements between the User and the Administration.
3.2. The Agreement comes into effect from the moment the User is registered on the Site or places the Order (payment) in relation to the User and when using the Site by the Visitor, from the beginning of use and operates throughout the period of use of the Site. The parties agreed that in accordance with Art. 6.163 of the Civil Code of the Republic of Lithuania, the terms of this Agreement also apply to relations that arose before the conclusion of this Agreement.
3.3. This Agreement is regulated and interpreted in accordance with the legislation of the Republic of Lithuania. Issues not regulated by the Agreement are subject to handling in accordance with the legislation of the Republic of Lithuania.
3.4. This Agreement comes into effect for the User from the moment of their accession to it and extends for an indefinite period of time.
3.5. If, for whatever reason, one or more of the provisions of this Agreement are found to be invalidated or unenforceable, this does not affect the validity or applicability of the remaining provisions.
3.6. Under no circumstances may this Agreement be interpreted as a contract for the establishment of agency relations, partnership, cooperative relations, employment relations, or any other relations between the User and the Administrator, not expressly specified in this Agreement.
4. Registration on the Site
4.1. Registration on the Site is carried out at viva-interiors.com/company/registration.html.
4.2. Registration on the Site is not obligatory for the Ordering and viewing of the Content placed in the Application in an open access. The Administrator has the right not to provide any possibilities of the Service to unregistered visitors to the Site.
4.3. Registration on the Site is available for an adult user, that is, a user who has reached the age of 18 or person of majority age in accordance with applicable law who is entitled to perform those actions that are available to Users and Visitors on the Site.
4.4. By registering on the Site, the User confirms that he has the necessary legal capacity and authority for the accepting this Agreement, is able to comply with the terms of the Agreement and be liable for violation of the Agreement, including the legal relations arising from the use of the Site.
4.5. The Administration has the right at any time to remove any data and/or Accounts in case of violation by the User or the Visitor of the rules of this Agreement.
4.6. In order to register, the User undertakes to provide reliable and complete information about themselves on the issues offered in the registration form and to keep this information up-to-date. If the User provides incorrect information or the Administrator has reason to believe that the information provided by the User is incomplete or false, the Administrator has the right at their own discretion to block or delete the User's account and also deny the User to use the Applications and related Services completely or partly.
4.7. The Administrator is not responsible for the accuracy and correctness of the information provided by the User at registration.
4.8. The Buyer has the right to register on the Site only once, i.e. can have only one "Personal Account".
4.9. When registering, the User chooses the login (the unique character of the User's account) and the password for access to the Personal Account. Subsequent changes to the User's password are made using the application software provided in their Personal Account. The Administrator has the right to prohibit the use of certain logins, as well as to set the requirements for the login and password (length, permissible characters, etc.). The authentication of the User’s/Buyer’s data allows to avoid unauthorized actions of third parties on behalf of the Buyer and opens up access to additional services. Transfer of Buyer's login and password to third parties is prohibited.
4.10. The User is responsible and takes steps to secure their account on the Site (including monitoring the login-password, e-mail address, etc.). The User bears sole responsibility for all actions performed using the User's account. The User undertakes to immediately notify the Administrator of any cases of unauthorized use of the User's account by third parties by sending an appropriate email to email@example.com.
4.11. The buyer independently bears responsibility for all possible negative consequences in case of transfer of login and password to third parties.
4.12. The Administrator undertakes to ensure the confidentiality and security of personal data of the User from third parties, except when such disclosure has occurred due to reasons beyond the control of the Administrator, as well as except in cases stipulated by the effective legislation of the Republic of Lithuania.
4.13. The Buyer can use the discount only through the "Personal account". To do this, you need to make orders after logging in to your Site under your login or register a project in the Personal Account. The Buyer's discount is tied to a particular Personal Account, since is calculated on the basis of purchases made through it. In the case of re-registration on the Site, the history of purchases and the Buyer's discount are not transferred from the old Personal Account to the new one. Order statistics in the new Personal account are collected from scratch. You can use the discount only through that Personal account in which it is formed.
4.14. The User/Buyer's communication with representatives of the Seller should be based on the principles of generally accepted morals and communication etiquette. It is strictly forbidden to use obscene words, abusive language, offensive expressions, as well as threats and blackmail, regardless of the type and to whom they were addressed to.
5. Price and terms of payment for the Goods
5.1. The Seller transmits, and the Buyer accepts and pays the goods under the terms of this Agreement.
5.2. The title of Ordered Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and the Buyer’s payment for the full value of the Goods. The risk of its accidental perishing or damage to the Goods passes to the Buyer from the moment of the actual delivery of the Goods to the Buyer.
5.3. The Prices for the Goods are determined by the Seller in unilateral unconditional manner and are indicated in the Order Specification in the User's Personal Account or by sending an appropriate electronic message at the address specified by the Buyer at registration.
5.4. The price of the Goods in the User's Personal Account is in Euro.
5.5. The currency of the payment under this Agreement is Euro. Methods of payment for the Order comply with the legislation of the Republic of Lithuania.
5.6. The order is confirmed by the Buyer's prepayment. Prepayment under confirmation of an Order comprises between 50% and 80% of the Order amount. The surcharge is paid before the goods are shipped from the warehouse of the manufacturer (the factory) or when the goods are shipped to the Buyer.
5.7. In case of phasing out of the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order/cancel the Purchaser's Order by notifying the Buyer by an appropriate e-mail at the address indicated by the Buyer at the registration in the Personal account or in any other way.
5.8. In case of cancellation of a fully or partially prepaid Order, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid.
6. Timing of Order and delivery of the Goods
6.1. From the date of prepayment receipt from the Buyer, the delivery period of the Goods is calculated. The average period of the timing of Orders by Brands is from 14 to 120 business days.
6.2. The timing of an Order depends on:
- Order amount for a specific Brand;
- the time of shipment by the manufacturer (availability of the warehouse program, the time of manufacture of the goods, etc.);
- subsequent delivery of the Order and customs clearing of the Goods.
6.3. Courier delivery of the Goods to the Buyer's site according to the address indicated in the Personal Account is carried out by any national Carrier.
6.4. The method and the cost of delivery, time and date of Order acceptance are agreed in advance with the Buyer.
6.5. Upon courier delivery of the Goods, the Buyer puts their signature in the Delivery Register next to those items of the Goods received by the Buyer from the Carrier. This signature serves as confirmation that the Buyer has no claims to the Order batching, to the quantity and appearance of the Goods.
7. Goods quality and complaints
7.1. The whole of Goods are checked for integrity and obviously express faults before shipment to the Buyer.
7.2. Upon receipt of the Goods, the Buyer is given 14 business days for checking the Goods and the order's compliance, completeness, and concealed defects.
7.3. If any problems are detected within the specified time period, the Buyer must provide information in writing (preferably by e-mail) describing the problem as well as photographs (if a manufacturing defect or breakage occurred due to poor packaging). In the User's Account, the Reclamation Form is available.
7.4. After the specified term (14 working days) Complaints about quality, integrity, and conformity of the received goods to the order shall not be accepted.
7.5. The Seller must provide a Quality Assurance for the item to be sold for the period specified by the manufacturer of this type of Goods.
8. Intellectual Property and Intellectual Rights
8.1. The use of the Site does not imply granting the User exclusive rights to the trade name, trademarks and distinctive signs, the domain name and other distinguishing marks of the Site belonging to the Administrator.
8.2. The right to use the trade name, trademarks and distinctive signs, domain name and other distinguishing marks of the Site may be provided to the User solely on the basis of a written agreement with the Administrator.
8.3. Service, its components and separate components (including, but not limited to software, databases, codes, proprietary information based on them, algorithms, design elements, fonts, logos, as well as text, graphic and other materials) are objects of intellectual property protected in accordance with national and international law, any use of which is permitted only on the basis of the permission of the copyright holder.
8.4. The User/Visitor is not authorized to distribute, modify, reformat, and otherwise, process, reproduce (replicate and otherwise copy) such components of the Service as software, databases, codes, underlying know-how, algorithms, design elements, fonts, logos. The specified components of the Service may not be used as a part of other sites, software, search engines, other works and related rights objects, copied or otherwise used with a view to profit.
8.5. Content of the Site may not be copied, reproduced, processed, distributed, displayed in a framework, published, downloaded, transferred, sold or otherwise used in whole or in part without prior permission of the copyright holder, unless the right holder expressly signifies their consent to free use of the contents of the Site by any person.
8.6. Illegal use of intellectual property objects involves civil, administrative and criminal liability.
9. Rights and obligations of parties
9.1. The Administration undertakes to:
9.1.1. Ensure in full all the obligations to the User in accordance with the terms of this Agreement (Contract) and the current legislation from the moment of conclusion of this Agreement. The Administrator/Seller reserves the right to impairment of obligation under the Contract in the case of force majeure events specified in clause 11 of this Agreement.
9.1.2. Process the personal data of the User/Buyer and ensure their confidentiality in the order established by the current legislation.
9.2. The administrator has the right:
9.2.1. At their discretion, to create, modify, delete information and materials posted on the Site, make changes to the structure and functionality of the Site and optimize its performance.
9.2.2. At their discretion, to restrict access to any information posted on the Site.
9.2.3. To temporarily restrict access to or remove any materials from the Site unilaterally with prior publication of a warning, or do it without giving any reasons in the case of force majeure events or in case data and information are outdated.
9.2.4. To unilaterally change this Agreement, Prices for the Goods and Tariffs for related services, methods, and terms of payment and delivery of goods, by placing changes on the pages of the addenda located at the Internet address: viva-interiors.com. All changes take effect immediately after publication and are considered brought to the notice of the Buyer from the time of such publication.
9.2.5. To record telephone conversations with the Buyer. In accordance with the Law on the Legal Protection of Personal Data in the Republic of Lithuania, the Seller undertakes to prevent attempts of unauthorized access to the information and/or passing it to persons not related directly to the execution of Orders; the Seller undertakes to timely detect and suppress such occurrences.
9.2.6. To store change history of any registration data for the account made by the User, with the same level of public access to the change history as to the data itself. Any data stored in the change history for the account is deemed relevant for the establishment of any formally significant facts and relations associated with the account and, in addition, in disputable and/or doubtful cases, subject to additional documentary proof by the User of the good faith in the change of data and use of account before and after such changes, refer to the moment of actuality of the entering such registration data.
9.2.7. To transfer their rights and obligations to third parties to execute the Agreement without an agreement with the Buyer.
9.2.8. At any time, to require the User to confirm the data entered at registration and request supporting documents (in particular - identity documents, registration documents of legal entities or private individual) in this regard; failure to provide such documents, at the discretion of the Administrator, can be equated to providing unreliable information and entail the consequences provided for in § 4.5. Agreement. In the case if the User's data specified in the documents provided by them does not comply with the data specified at registration, and in the case when the data specified at registration does not allow identification of the user, the Administrator has the right to apply the measures specified in paragraph 4.5. of this Agreement.
9.2.9. Before the delivery of the goods ordered by the Buyer, the Seller has the right to demand 100% of the prepayment for the ordered goods from the Buyer. The Seller has the right to refuse the Buyer to deliver the goods in the absence of such payment.
9.2.10. The Seller shall have the right not to deliver the Goods to the Buyer by courier at the address indicated at the time of making an order and has the right to transfer the Goods in the Seller's warehouse by agreement with the Buyer.
9.2.11. The Seller has the right to make restrictions on the Goods simultaneously delivered to the Buyer.
9.2.12. To use the technology "cookies". "Cookies" do not contain confidential information and are not transferred to third parties.
9.2.13. To obtain information about the IP-address of the visitor to the site viva-interiors.com. This information is not used to identify the visitor and is not releasable to third parties.
9.2.14. The Seller has the right to send promotional messages to the Buyer by e-mail and SMS containing information on discounts, reductions, recent acquisitions, etc. The frequency of mailings is determined by the Seller independently and unilaterally.
9.2.15. To refuse a registration of an account to the User whose account was previously deleted for violation of the terms of the Agreement.
9.2.16. To require the User’s faithful discharge of the terms, conditions, and rules of this Agreement.
9.2.17. To establish restrictions on the use of the Site and Services without explaining the reasons.
9.2.18. To shut down, cease operation, change the Site or its part without prior notice to the User.
9.2.19. To suspend the User's access to the Site for the purpose of carrying out the necessary planned preventive and repair work on technical resources.
9.3. The User / Buyer undertakes:
9.3.2. To ensure the accuracy of the information provided during registration on the Site.
9.3.3. To act only under their Login using their password and account.
9.3.4. In case of changing data, to make changes to your profile on the Site in the "Personal Account", otherwise the Administrator is not responsible for the damage caused to the User in connection with the use of invalid data on the Site.
9.3.5. To take all measures to maintain the confidentiality of the personal data of another User (addresses, phone numbers, e-mail addresses, passport data, etc.), unless another User has expressed their consent to transfer such information to third parties.
9.3.6. Not to try in any way to gain access to other people's logins and passwords by guessing a password, hacking or other actions.
9.3.7. To inform the Site Administration about unauthorized access to the personal page and/or unauthorized access and/or use of the User's password and login.
9.3.8. Not to use links to the pages of the Site or to the Site itself in spam mailings (spamming advertising without the consent of the recipient).
9.3.9. Before the conclusion of the Contract, to read the contents and terms of the Contract, the prices for the Goods offered by the Seller on the Site.
9.3.10. In fulfillment of the Seller's obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies them as a buyer, and is sufficient for the delivery of the paid Goods to the Buyer. To pay the ordered Goods and their delivery under the terms of this Agreement (contract).
9.3.11. To adhere to other obligations stipulated by this Agreement, as well as the obligations defined by the norms of the current legislation of the Republic of Lithuania, usual and customary business practices, the requirements of reasonableness, honesty and fairness, ethics and morals.
9.4. The user has the right:
9.4.1. To use the Site and the Services within the limits provided by the Site Administration, subject to the provisions, conditions, and rules of this Agreement, without violating the current legislation of the Republic of Lithuania;
9.4.2. The User is responsible for keeping the password/login beyond the reach of third parties and has to timely change them in case of loss or other necessity.
9.4.3. The User is solely responsible for any actions that they have committed themselves to use of their account, as well as for any consequences that might have led or caused such use.
9.4.4. The User is liable for violation of this Agreement in accordance with the legislation of the Republic of Lithuania.
9.4.5. The user has the right to receive the information, news and email marketing from the Administration, including to the e-mail address indicated at the registration, and also to unsubscribe from receiving such mailings; to do so, the User needs to click on the link in the letter "You can unsubscribe from the mailout from your Personal Account" or go to the "My Mailing" page in the Personal Account.
9.5. Users are forbidden from:
9.5.1. Infringement of any intellectual property of the Site Administrator.
9.5.2. Reproducing and/or distributing the Content (price lists, catalogs, photos of goods, 3d models, magazines, videos, etc.) downloaded on the Site, by any means not expressly provided for in this Agreement.
9.5.3. Creating accounts using automated tools.
9.5.4. Acquisition of personal data of other Users with the purpose of its subsequent processing.
9.5.5. Registering a User Account on behalf of the person you are not (a fake account).
9.5.6. Trying to access another's account In any way, including by hacking.
9.5.7. Using an automatic or automated means to collect information posted on the Site.
9.5.8. Actions aimed at destabilizing the functioning of the Site, unauthorized access to the management of the Site or its closed sections, as well as to the sections, access to which is permitted only by the Administration or any other actions that may be considered as a network attack.
9.5.9. Sending spam mass mailing, instant messages or other unwanted communications of any kind via the Internet to advertise their own site or account.
9.5.10. Providing access to other Customers and third parties to their own personal page or to specific information contained therein, if this may lead to the violation of the laws of the Republic of Lithuania, this Agreement, special internal documents of the Administrator, the rights and interests of other users and third parties.
9.5.11. Placing false information that discredits honor, dignity and business reputation of a third person.
10. Revocation of the User Agreement
10.1. Revocation of the User Agreement (Offer) may be carried out by the Seller at any time, but this is not the cause for refusal the Seller's obligations under already concluded contracts. The Seller undertakes to place a notice on their Site, indicating the exact time of the revocation of the offer, not less than 12 hours before the revocation (suspension) of the User Agreement.
11. Force Majeure
11.1. Each of the Parties shall not be held liable for the total or partial default under this Agreement if this default was caused by the circumstances of the force majeure that arose after the signing of this Agreement. "Force Majeure Circumstances" means extreme events or circumstances that such a Party could not foresee or prevent by available means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, acts of Russian or foreign state authorities, as well as any other circumstances beyond the reasonable control of either Party. Changes in current legislation or regulations directly or indirectly affecting any of the Parties shall not be considered as Force Majeure circumstances, however, in the event of such changes that prevent any of the Parties from carrying out any of its obligations under this Agreement, the Parties are obliged to immediately decide on the procedure for resolving this problem in order to ensure that the Parties continue to comply with this Agreement.
12. Responsibility of Parties
12.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Lithuania.
12.2. The Buyer is fully responsible for providing the incorrect information specified in the registration form, resulting in the inability of the Seller to fulfill their obligations to the Buyer properly.
12.3. Taking into account the provisions of Part 3 of Article 8 of the Law of the Republic of Lithuania "On Electronic Signatures", the Buyer and Seller have agreed that confirmation of the actions of the Buyer on the site viva-interiors.com by means of connection data to the User's Personal Account during the authorization process (input of authentication data) has the legal force of an electronic signature in accordance with Part 1 of Art. 8 of the Law "On Electronic Signature" (i.e., has the same legal force as the signature in written documents and is admissible as evidence in court). The Buyer is obliged to protect his data connections to the Personal account and not to disclose them, to ensure that the data is known only to him, and that only he can use them, and that the Buyer must not allow the transfer of data to other persons, should not provide the opportunity to third parties get acquainted with the above data or use them. If there is a suspicion that the connection data could become known to another person, the Seller should be notified immediately, and the Seller must be immediately notified of any breach of the private data of the connection to the Personal Account or their promulgation. All actions performed using the User/Buyer authentication data should be considered completed by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.
12.4. The Administrator is not responsible for information provided on the sites of other manufacturers, even if the Buyer goes to these sites by the links posted on the site viva-interiors.com.
12.5. The Administrator shall not be liable for any losses incurred as a result of the use of the Site by the User and/or the Services based on them.
12.6. The Administration provides for the storage of Personal Data. The storage is made indefinitely and is removed by the Administration without prior notice to the User in case such data for one reason or another is removed.
13. Other conditions
13.1. All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement will be resolved by the parties during the negotiations.
13.2. In case of failure to reach agreement in the course of negotiations, the disputes will be resolved in court in accordance with the current legislation of the Republic of Lithuania.
13.3. Inaction by the Administrator in the event of violation of any of the Users of the provisions of the Agreement does not deprive the Administrator of the right to undertake later appropriate actions in defense of his interests and the protection of copyright in the materials protected by the law in accordance with the Site.