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Terms & Conditions

Terms and Conditions

Access the General Terms and Conditions

Table of Contents:

Section 1 – Definitions

Section 2 – Identification of the Merchant

Section 3 – Applicability

Section 4 – The Proposal

Section 5 – The Agreement

Section 6 – Right to Revoke

Section 7 – Responsibilities of Customers in Case of Revocation

Section 8 – Customers Exercising Their Right to Revoke and Associated Costs

Section 9 – Responsibilities of Merchants in Case of Revocation

Section 10 – Exclusion of the Right to Revoke

Section 11 – Pricing

Section 12 – Contract Fulfillment and Supplementary Warranty

Section 13 – Delivery and Execution

Section 14 – Transactions of Prolonged Duration: Duration, Termination, and Extension

Section 15 – Payment

Section 16 – Procedure for Handling Complaints

Section 17 – Resolution of Disputes

Section 18 – Additional or Alternate Provisions

Section 1 – Definitions

The subsequent definitions are applicable within these terms and conditions:

Supplementary Agreement: An agreement in which a consumer acquires products, digital

content, and/or services through a distance contract, and a trader or a third party supplies these

products, digital content, and/or services in accordance with an agreement between that third

party and the trader;

Withdrawal Period: The timeframe during which a consumer can exercise their right of

withdrawal;

Consumer: A natural person whose actions are not carried out for purposes related to a trade,

profession, or business;

Day: A calendar day;

Digital Content: Data produced and supplied in digital format;

Extended Duration Transaction: A distance contract concerning a series of products and/or

services, where the obligation to supply and/or purchase is spread over a period of time;

Durable Medium: Any means – including emails – that enables a consumer or trader to store

information personally addressed to them in a manner facilitating its future use or consultation

during a period in line with the intended purpose of the information, and which permits the

unaltered reproduction of the stored information;

Right of Withdrawal: The option for a consumer to renounce a distance contract within the

withdrawal period;

Trader: A natural or legal person offering products, (access to) digital content, and/or services

to consumers from a distance;

Distance Contract: A contract established between a trader and a consumer within the

framework of a system organized for the distance sale of products, digital content, and/or

services, employing one or more techniques of distance communication until the point of

contract conclusion;

Model Withdrawal Form: The European model withdrawal form included in Appendix I of these

terms and conditions. The trader is not obligated to provide Appendix I if the consumer’s order

does not grant a right of withdrawal;

Distance Communication Technique: Means employed for communicating regarding the

trader’s offer and contract conclusion, without requiring the simultaneous presence of the

consumer and trader.

Section 2 – Identification of the Merchant

Audiostatus

UAB “Hebeja”

Zanavykų g. 25N, 44142 Kaunas Lithuania

Telephone: +37063566135

Email: info@audiostatus.lt

Registration code: 304195084

If the trader’s activities are subject to relevant licensing under Lithuanian law: the data of the

supervising authority. If the trader practices a regulated profession:

the professional association or organization to which they are affiliated;

the professional title, the town/city in the EU or EEA where it was granted;

a reference to the professional regulations applicable in Lithuania, along with guidance on

accessing these regulations.

Section 3 – Applicability

These general terms and conditions apply to every offer made by a trader and to every distance

contract established between a trader and a consumer. Before concluding a distance contract,

the text of these general terms and conditions shall be made available to the consumer. If this is

not reasonably possible, the trader will specify, prior to contract conclusion, how the general

terms and conditions can be accessed for review at the trader’s premises and that they will be

sent to the consumer, free of charge and as quickly as possible, upon the consumer’s request.

If the distance contract is concluded electronically, in contrast to the preceding paragraph, the

consumer shall receive the text of these general terms and conditions electronically before

contract conclusion, in a manner allowing the consumer to store them on a durable medium. If

this is not reasonably possible, the trader shall indicate where the general terms and conditions

can be electronically reviewed and commit to sending them to the consumer, free of charge and

in an appropriate manner, upon request.

In cases where specific product or service-related terms and conditions supplement these

general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the

consumer may always invoke the most favorable applicable condition if incompatibilities arise

between general terms and conditions.

Section 4 – The Proposal

If an offer is subject to a limited period of validity or subject to conditions, this shall be expressly

indicated in the offer. The offer contains a comprehensive and accurate description of the

products, digital content, and/or services being offered. The description is adequately detailed to

enable the consumer to make an informed assessment of the offer. If the trader uses

illustrations, these shall faithfully represent the products and/or services offered. The trader is

not bound by manifest errors or inaccuracies in the offer. Every offer includes information that

clarifies to the consumer the rights and obligations associated with accepting the offer.

Section 5 – The Agreement

Subject to what is stipulated in paragraph 4, the contract shall be concluded at the moment

when the consumer accepts the offer and fulfills the associated conditions. In case the

consumer accepts the offer electronically, the trader shall promptly confirm the electronic receipt

of acceptance. The consumer may rescind the contract as long as the trader has not confirmed

the acceptance.

In the event of an electronically concluded contract, the trader shall implement appropriate

technical and organizational measures to secure the electronic data transfer, ensuring a safe

online environment. If the consumer is capable of making electronic payments, the trader shall

employ suitable security measures. Within statutory limits, the trader may obtain information

about the consumer’s ability to meet their payment obligations, as well as relevant facts and

factors for responsibly concluding the distance contract. If such research provides valid grounds

for the trader to decline the contract conclusion, the trader retains the right, with substantiated

reasoning, to reject an order or application, or to attach specific conditions to its execution.

The trader shall provide the consumer with the following information, in writing or in a format

allowing the consumer to store it on an easily accessible durable medium, no later than upon

the delivery of a product, service, or digital content:

the address of the trader’s business location where consumer complaints can be lodged;

conditions for exercising the right of withdrawal and the related procedure, or a clear statement

regarding withdrawal preclusion;

details about warranties and available after-sales service;

the total price, including applicable taxes on the product, service, or digital content, delivery

costs where relevant, and payment, delivery, or distance contract execution methods;

requirements for contract termination, if the contract’s duration surpasses one year or is

indefinite;

if the consumer possesses a right of withdrawal, the model withdrawal form.

In the case of an extended-duration contract, the above provision applies solely to the initial

delivery.

Section 6 – Right to Revoke

You possess the entitlement to rescind this contract within a span of 45 days without providing

any rationale. The period for withdrawal will terminate after 45 days from the date on which you

acquire, or a third party other than the carrier and specified by you acquires, physical

possession of the final item.

To exercise the right to withdraw, you are required to convey your decision to withdraw from this

contract through a clear declaration (e.g. a letter sent via email or postal mail). Although not

obligatory, you may employ the enclosed model withdrawal form.

In order to meet the withdrawal deadline, it is adequate for you to forward your communication

concerning the exercise of the right to withdraw prior to the expiration of the withdrawal period.

Upon withdrawing from this contract, we will promptly refund to you all payments received from

you, including delivery costs (with the exception of additional costs arising if you opted for a type

of delivery other than the least expensive standard delivery offered by us), without undue delay

and in no event later than 14 days from the date on which we are informed about your decision

to withdraw from this contract. We will execute the reimbursement utilizing the same means of

payment as you utilized for the initial transaction, and you will not incur any charges as a result

of this reimbursement. We may withhold the reimbursement until we have received the goods

back from you.

You are to return the goods or hand them over to us without undue delay and in no event later

than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of 14 days has expired. You

are responsible for the direct cost of returning the goods. You are liable only for any diminished

value of the goods resulting from the handling of the goods other than what is necessary to

ascertain the nature, characteristics, and functioning of the goods.

Section 7 – Responsibilities of Customers in Case of

Revocation

Throughout the withdrawal period, the consumer shall exercise care in handling the product and

its packaging. The consumer shall solely unpack or utilize the product to the extent necessary to

assess the nature, characteristics, and efficacy of the product. The guiding principle here is that

the consumer may handle and examine the product in a manner akin to that allowed within a

retail setting. The consumer is answerable for any reduction in the product’s value due to

handling beyond the scope of Paragraph 1.

The consumer is absolved from liability for the product’s diminished value if the trader failed to

furnish all statutorily required information about the right of withdrawal before the contract

conclusion.

Section 8 – Customers Exercising Their Right to Revoke and

Associated Costs

A consumer intending to exercise their right of withdrawal shall promptly communicate this to

the trader within the withdrawal period, either through the model withdrawal form or by other

unequivocal means.

As expeditiously as feasible, but no later than 14 days after the day of reporting as delineated in

Paragraph 1, the consumer shall return the product or hand it over to the trader or a

representative thereof. This is not obligatory if the trader has offered to retrieve the product

personally. The consumer will be deemed to have fulfilled the return timeframe if the product is

dispatched before the withdrawal period lapses.

The consumer shall return the product with all pertinent accessories, preferably in its original

condition and packaging, adhering to the sensible and lucid instructions issued by the trader.

The onus and burden of proof for correctly and punctually exercising the right of withdrawal rest

with the consumer.

The consumer is responsible for the direct expenses related to returning the product. If the

trader has not conveyed that the consumer must bear these costs, or if the trader has indicated

a willingness to bear these costs, the consumer is not obligated to cover the return expenses.

If the consumer exercises their right of withdrawal after initially requesting the execution of a

service or the delivery of gas, water, or electricity not prepared for sale to be undertaken in a

limited volume or a specific quantity during the withdrawal period, the consumer shall owe the

trader a sum commensurate with the portion of the contract the trader fulfilled at the time of

withdrawal compared to full contract fulfillment.

The consumer is exempt from incurring costs for services or the supply of water, gas, or

electricity not prepared for sale – in a limited volume or quantity – or for city central heating

delivery if:

the trader failed to provide the consumer with the statutorily required information regarding the

right of withdrawal, withdrawal-related costs, or the model withdrawal form; or

the consumer did not explicitly inquire about the commencement of service implementation or

gas, water, electricity, or city central heating delivery during the withdrawal period.

In case the consumer exercises their right of withdrawal, all additional agreements are dissolved

by law.

Section 9 – Responsibilities of Merchants in Case of

Revocation

If the trader facilitates a consumer’s withdrawal declaration through electronic means, the trader

shall promptly send a confirmation of receipt upon receiving such declaration.

The trader shall promptly reimburse the consumer with all payments, including any delivery

costs charged by the trader for the returned product, no later than 14 days after the day the

consumer reported the withdrawal. The trader may defer reimbursement until the trader has

received the product or the consumer proves they have dispatched the product, whichever

occurs earlier. Reimbursement is carried out using the same payment method initially employed

by the consumer unless an alternate method is agreed upon. Reimbursement is devoid of any

charges for the consumer. If the consumer selected a more costly delivery method in contrast to

the least expensive standard delivery, the trader is not obliged to refund the supplementary

costs of the pricier method.

Section 10 – Exclusion of the Right to Revoke

The trader may exclude the right of withdrawal for the following products and services, but only

if the trader clearly communicated this at the time of offering or at least well before the contract

conclusion:

Products or services subject to price fluctuations on the financial market beyond the trader’s

control, occurring within the withdrawal period;

Contracts formed during public auctions are defined as a sales method wherein a trader offers

products, digital content, and/or services at auction under the supervision of an auctioneer,

obliging the successful buyer to acquire the products, digital content, and/or services;

Service contracts, after full completion of the service, but only if:

the consumer granted explicit prior consent for the service’s commencement; and

the consumer declared the forfeiture of their right of withdrawal upon the trader’s complete

fulfillment of the contract;

Package travel, package holidays, and package tours as referred to in Article 7:500 BW and

contracts concerning passenger transportation;

Service contracts affording access to accommodations if the contract stipulates a particular

implementation date or period and excludes the provision of accommodations for the purpose of

transportation, goods conveyance, car rental services, or catering;

Leisure activity contracts if the contract specifies a certain implementation date or period;

Products customized according to the consumer’s specifications, not prefabricated, and based

on the consumer’s individual choice or decision, or clearly intended for a specific individual;

Products prone to rapid deterioration or possessing a limited shelf life;

Sealed products unsuitable for return due to health or hygiene reasons, if their seal was broken

subsequent to delivery;

Products that have become irrevocably mixed with other products due to their nature;

Alcoholic beverages whose price was set upon contract conclusion, but delivery can only occur

after 30 days, and whose actual value hinges on market fluctuations beyond the trader’s control;

Sealed audio/video recordings and computer software whose seal was broken after delivery;

Delivery of digital content not on a tangible medium, but only if:

delivery started with the consumer’s explicit prior consent, and

the consumer waived their right of withdrawal upon granting such consent.

Section 11 – Pricing

Throughout the specified validity period indicated in the offer, prices for the products and/or

services presented will remain unchanged, except for adjustments due to alterations in VAT

tariffs.

In contrast to the preceding paragraph, the trader retains the option to present products or

services with variable prices, particularly in cases where these prices are subject to fluctuations

within the financial market beyond the trader’s control. The offer must explicitly reference these

fluctuations and indicate that any mentioned prices are suggested prices.

Price increments within 3 months following contract conclusion are only admissible if they result

from statutory regulations or stipulations.

Price increments occurring more than 3 months after contract conclusion are only permissible if

explicitly stipulated by the trader and either:

  1. arise from statutory regulations or stipulations; or
  2. grant the consumer the authority to terminate the contract on the effective date of the

price increment.

Prices stated in product or service offers include VAT.

Section 12 – Contract Fulfillment and Supplementary Warranty

The trader ensures that the products and/or services meet the terms of the contract,

specifications outlined in the offer, reasonable reliability and/or performance criteria, as well as

the legal provisions and/or government regulations in effect at the time of contract conclusion. If

agreed upon, the trader also assures that the product is suitable for purposes beyond its normal

designation.

An additional guarantee provided by the trader, manufacturer, or importer shall not diminish the

consumer’s statutory rights and claims against the trader under the contract, should the trader

fail to fulfill their obligations.

An additional guarantee is defined as any commitment from a trader, supplier, importer, or

manufacturer that grants the consumer rights or claims surpassing those mandated by law, in

cases where the trader falls short of their contractual obligations.

Section 13 – Delivery and Execution

The trader will exercise utmost care in receiving and fulfilling orders for products, as well as

evaluating applications for service provision.

The address provided by the consumer to the company will be considered the place of delivery.

Taking into account the content of Article 4 in these general terms and conditions, the company

will promptly fulfill accepted orders, with delivery occurring efficiently and no later than 30 days,

unless an alternative delivery period has been agreed upon. If delivery is delayed, incomplete,

or impossible, the consumer will be informed within 30 days of placing the order. In such

instances, the consumer retains the right to cancel the contract without charge and claim

possible damages.

Upon dissolution in accordance with the preceding paragraph, the trader will promptly refund the

sum paid by the consumer.

The responsibility for product damage and/or loss lies with the trader until the moment of

delivery to the consumer or a designated representative announced to the trader, unless

explicitly agreed otherwise.

Section 14 – Transactions of Prolonged Duration: Duration,

Termination, and Extension

Termination

The consumer has the perpetual right to terminate an open-ended contract established for the

regular supply of products (including electricity) or services, adhering to agreed-upon

termination rules and a notice period not exceeding one month.

The consumer has the perpetual right to terminate a fixed-term contract established for the

regular supply of products (including electricity) or services at the conclusion of the fixed term,

observing agreed termination rules and a notice period not exceeding one month.

For contracts described in the first two paragraphs, the consumer can:

  1. terminate them at any time, unrestricted to specific periods;
  2. terminate them using the same method as used for contract conclusion;
  3. terminate them following the same notice period stipulated for the trader.

Extension

A fixed-term contract established for the regular supply of products (including electricity) or

services must not be automatically extended or renewed for a predefined duration.

In contrast to the previous paragraph, a fixed-term contract for the regular supply of daily or

weekly newspapers or magazines may be automatically extended for a maximum period of

three months, provided the consumer retains the freedom to terminate the extended contract

toward its conclusion, with a notice period not exceeding one month.

A fixed-term contract for the regular supply of products or services may only be automatically

extended indefinitely if the consumer always maintains the right to terminate, with a notice

period not exceeding one month, and, in the case of daily or weekly newspaper or magazine

supply contracts occurring less frequently than once per month, a notice period not exceeding

three months.

A fixed-term contract for the introductory provision of daily or weekly newspapers and

magazines (trial or introductory subscriptions) will not be automatically extended and will

conclude automatically at the conclusion of the trial or introductory period.

Duration

If a fixed-term contract surpasses one year, the consumer maintains the perpetual right to

terminate the contract after one year, observing a notice period not exceeding one month,

unless principles of reasonableness and fairness deem that premature contract termination

would be unjustifiable.

Section 15 – Payment

Unless specified otherwise in the contract or additional conditions, amounts owed by the

consumer must be settled within 14 days following the initiation of the withdrawal period, or in

the absence of a withdrawal period, within 14 days following the contract conclusion. For service

contracts, this 14-day period commences on the day after the consumer receives confirmation

of the contract.

In sales to consumers, general terms and conditions may never mandate an advance payment

exceeding 50%. In instances where advance payment is stipulated, the consumer cannot assert

any rights pertaining to the execution of the order or related service(s) until the specified

advance payment is made.

The consumer is obligated to promptly notify the trader of any inaccuracies in provided payment

data.

Should the consumer fail to fulfill payment obligations in a timely manner, following notification

of delayed payment by the trader, the consumer has 14 days to fulfill the payment obligation.

Failure to comply within this 14-day period will result in the accrual of statutory interest on the

outstanding sum, and the trader retains the right to impose reasonable extrajudicial collection

costs. These collection costs will amount to, at most: 15% of unpaid sums up to €2,500; 10% for

the subsequent €2,500; and 5% for the subsequent €5,000, with a minimum charge of €40. The

trader may deviate from these sums and percentages in favor of the consumer.

Section 16 – Procedure for Handling Complaints

The trader shall establish a transparent complaints procedure that is appropriately publicized

and shall address complaints in accordance with this procedure.

A consumer who identifies deficiencies in the execution of a contract must promptly and

comprehensively submit any complaints to the trader, providing clear descriptions.

The trader shall respond to complaints received within a 14-day period, starting from the date of

receipt. In cases where a complaint necessitates a lengthier processing time, the trader shall

acknowledge receipt within 14 days and provide an estimated timeframe for a more detailed

response.

The consumer is advised to allow the trader a minimum of 4 weeks to collaboratively address

and resolve the complaint. Following this period, unresolved complaints shall be considered

disputes subject to the dispute resolution mechanism.

Section 17 – Resolution of Disputes

Contracts between a trader and a consumer governed by these general terms and conditions

shall exclusively adhere to Lithuanian law.

All disputes, including those unilaterally perceived as such by either party, arising from or related

to the agreement covered by these terms and conditions, or concerning the terms and

conditions themselves, their interpretation, or implementation, whether factual or legal in nature,

shall be exclusively litigated before the competent court unless Audiostatus chooses to submit

the dispute to the competent court in the domicile/establishment of the purchaser.

Section 18 – Additional or Alternate Provisions

Any additional or differing provisions from these general terms and conditions that do not

disadvantage the consumer shall be documented in writing or a format that allows consumers to

retain them conveniently on a durable medium.

The European Commission offers an Online Dispute Resolution (ODR) platform accessible at

https://ec.europa.eu/consumers/odr/. However, we do not intend to engage in dispute settlement

proceedings before a dispute resolution entity.

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