The Parties to this purchase and sale agreement (hereinafter referred to as “the Agreement”) are: UAB “Trimate”, on the one hand (hereinafter referred to as “the Seller”), and a natural or legal person who has purchased a gift voucher (hereinafter referred to as “the Buyer”), on the other hand.
- The Agreement establishes the relationship between the Seller and the Buyer (hereinafter referred to as the “Parties”) in relation to the conditions of purchase, delivery and payment for a gift voucher.
- By this Agreement, the Seller undertakes to transfer to the Buyer the gift voucher purchased by the Buyer, and the Buyer undertakes to pay for it in the manner prescribed in this Agreement.
- The Gift Coupon (hereinafter referred to as “the Voucher”) shall contain a reservation code (hereinafter referred to as “the Reservation Code”), which upon activation (upon payment of the price specified in the Voucher), the Buyer shall be entitled to request the service specified in the Voucher during the validity period of the Voucher. The activated Reservation Code is the only document confirming the order and payment of the service specified in the Voucher.
- The Buyer declares that he/she is aware that the Seller may, prior to the provision of the service specified in the Voucher, require and agree to sign additional agreements and/or consents relating to the Terms of Conditions of provisions of the Service, and does not contradict to it. The Buyer is aware that if he/she refuses to sign the agreements and/or consents specified in this Agreement, the Seller may refuse to provide the service specified in the Voucher and in such a case, the money for which the Voucher was purchased for shall not be returned to the Buyer.
- The Buyer declares that he/she is familiar with the description of the specified service and the applicable requirements that the Buyer must comply with in order to use the service specified in the Voucher. The Buyer is aware that the Seller may refuse to provide the service specified in the Voucher to a person who does not meet the requirements for the provision of the Service, in which case the money for which the Voucher was purchased shall not be returned to the Buyer.
- When acquiring the Voucher, the Buyer confirms that he/she is aware that the Seller may refuse to provide the service specified in the Voucher if such provision of the service in a particular case would endanger the Buyer’s health, life or make other damage.
- The Buyer understands that the services provided may endanger health and life. By acquiring the Voucher, the Buyer confirms that he/she is aware of all the threats to health and life related to the services for which the Buyer acquires the Voucher.
Voucher price, order of purchase and payment
- The provisions of this Agreement shall apply when the Vouchers are purchased on the e-commerce system at flywithme.lt.
- The price of each Voucher shall be presented separately, together with a description of the service specified therein.
- When purchasing a Voucher, the Buyer must:
- Complete the order form (hereinafter referred to as “the Order Form”);
- Pay the Voucher price (and any additional charges if applicable) in accordance with the instructions provided.
- The Buyer confirms that he/she understands and does not contradict the fact that the Voucher purchased under the terms of this Agreement may not be returned to the Seller and the money paid for it shall not be refunded, except in the case of withdrawal of the Agreement specified in this Agreement.
Validity of the Agreement
- The Buyer confirms that, prior to the conclusion of this Agreement, he/she has read the terms of this Agreement carefully and agrees with them.
- The Buyer is aware that this Agreement shall come into force from the moment when the Buyer, in accordance with the instructions provided in the System, click on the “I agree with the Terms and Conditions”, thus confirming his/her consent to the terms of this Agreement.
- The Seller undertakes to immediately confirm the conclusion of the Agreement by sending a confirmation to the e-mail address indicated in the Buyer’s Order Form.
Presentation of a Voucher and a gift cheque
- The Voucher may be at the Buyer’s choice delivered to:
- immediately after the conclusion of the Agreement by e-mail to the e-mail address indicated in the Buyer’s order form.
- The Voucher purchased by the Buyer under this Agreement shall be valid for 12 (twelve) months from the date of this Agreement.
- The Voucher shall be valid for the duration of such a season or such climatic conditions, but not longer than 12 (twelve) months from the date of this Agreement.
- The Buyer confirms that he/she clearly understands that:
- The term specified in the Voucher may not be extended and/or renewed;
- If the Buyer does not use the Voucher within the validity period specified therein, the service specified in the Voucher is deemed to have been provided and in such case the money is not returned.
- The Buyer confirms that he/she is aware that the date and time of the service specified in the Voucher is determined in accordance with the Reservation Rules prepared by the Seller. Essential Terms of Reservation Rules: the Reservation holder must apply for the service by calling the phone number, e-mail or any other specified manner in the Voucher and specify the Reservation Code and the expiry date, make a reservation using the Reservation Code specified in the Voucher, receive the reservation confirmation, additional information, and arrive to the specified location at the agreed time. The Buyer clearly understands that his/her absence in the specified location at the agreed time is considered to be an appropriate service and that the money for the Coupon is not refunded in this case and its value is not compensated in any other way.
Rights and obligations of the Parties
- The Buyer is entitled to:
- Cancel this Agreement by notifying the Seller in writing within two working days from the date of conclusion of the Agreement.
- Require proper performance of the Intermediary’s responsibilities under this Agreement.
- The Buyer must:
- When refusing the Voucher in accordance with Article 6.1.1 of the Agreement, to return to the Seller the Voucher acquired under this Agreement at its own expense within fifteen days from the date of dispatch of the written notice;
- Submit all data requested by the Seller when concluding this Agreement;
- By asserting his/her rights under this Agreement to third parties, to guarantee that the person to whom the rights are transferred will comply with its obligations under this Agreement.
- The Seller is entitled to:
- Refuse to enter into an Agreement with the Buyer if at the time of its conclusion false, inaccurate, misleading or not all required data were provided.
- The Seller must:
- Upon receipt of the Buyer’s notice of cancellation of the Agreement in the case specified in clause 6.1.1, to cancel the Voucher’s validity within fifteen days and return the money paid for the Voucher to the Buyer. The delivery fee, when delivery charges were applied, shall not be refunded.
- Ensure proper compliance with the Reservation Rules and make maximum efforts to ensure that the service specified in the Voucher is provided to the Buyer no later than within 50 (fifty) days from the date of the first application regarding provision of the Service in accordance with the Rules of Reservation to the extent that this depends on the circumstances that the Seller may influence.
- Comply with confidentiality and data protection requirements.
Data submission rules
- At the time of completing the order form, the Buyer must provide detailed and correct required data.
- If the Buyer, when concluding this Agreement, has submitted false, inaccurate, misleading or incomplete required data, the Buyer shall bear the risk of non-performance or improper performance of the Agreement, i.e. in such a case the Seller shall not be liable for the proper performance of this Agreement.
- The Buyer grants to the Intermediary, free of charge, the right to use the data provided by him/her only to the extent necessary for the performance of the Agreement. This right is valid until the provision of the service specified in the Voucher or the expiry date of the Voucher.
- After the Buyer gives his/her consent (consent is given by ticking the appropriate box in the System), the Seller has the right to use the data provided by the Buyer to send the information on the News, sales and other information of the System, which would be addressed to the Buyer.
Responsibility of the Parties
- The Parties shall be liable under the laws of the Republic of Lithuania for failure to perform or improper performance of their obligations.
- The Buyer is responsible for the correctness and completeness of the data provided by him in the conclusion of this Agreement.
- The Seller does not guarantee the possibility of providing the service specified in the Voucher on a specific day chosen by the Buyer.
- The Seller shall not be liable for the proper performance of this Agreement to the extent that it is attributable to the Buyer’s fault when submitting false, inaccurate, misleading or incomplete required data.
- The Seller undertakes to keep confidential and not to disclose to third parties (except third parties providing the services, when this is necessary to ensure proper and timely provision of the services specified in the Voucher) the data provided in the Buyer’s Order Form. These obligations do not apply when the disclosure of the Buyer’s data is necessary in the cases provided for in the legislation of the Republic of Lithuania.
- The Parties clearly understand that if the Buyer transfers the rights under this Agreement to third parties, the terms of this Agreement become binding upon them.
- The Parties shall undertake to send to each other all letters, notifications and other documents by e-mail or in writing, where necessary in the cases specified in the Agreement. The Buyer’s details are given in the order form, the Seller’s details are listed below:
Strielčių St. 30, Strielčiai Village, Alytus District, 64403
Company code: 302747623
VAT payer‘s code: LT100008872318
8 609 66111
Bank account: LT917044060007813168
- The Parties undertake to settle any disagreements arising from the execution of the Agreement by negotiation. If any disputes or disagreements arising from the execution of the Agreement are not settled by negotiations within 30 days from the date of submission of the written notice, they shall be settled in the court of the Republic of Lithuania in the manner prescribed by the legal acts of the Republic of Lithuania.