1. PARTIES
The website www.thermowave.com (the “Website”) is a site operated by UAB Termosportas, (the “Seller”), whose registered address is Raudondvario pl.101, Kaunas LT47184, Lithuania. The Seller’s VAT number is LT100009699514. The buyer is the person stated as buyer in the Order (the “Buyer”). The Seller supplies the products (“Products”) listed on the Website.
These conditions of sale constitute, together with the Order and the Order Confirmation, the total contractual basis for the purchase (the “Agreement”).
2. PRICES
The prices referred to in the Website include VAT but exclude delivery costs. Information about the total amount to be paid by the Buyer, including all other fees (except possible custom duties) and delivery costs, and the purchase specification of each element of the total price, is given in the order (“Order”) before payment is made.
3. ENTERING INTO THE AGREEMENT
The Seller will acknowledge receipt of the Order electronically. All Orders are subject to acceptance by the Seller. As the acknowledgement of receipt is not acceptance of the Order, the Seller will confirm such acceptance to the Buyer by sending an e-mail that confirms that the Product has been despatched (the “Order Confirmation”). The Buyer shall review the Order Confirmation for any non-compliance with the Order both in terms of numbers, type of Product, price etc. Any discrepancy between the Order and the Order Confirmation shall be reported to the Seller as soon as reasonably possible either by clicking the contact us button or by calling the Seller on +370 647 04594. To the extent permitted by law, the Seller cannot be held liable for and is not bound by writing or typing errors occurring in the communication with the Buyer.
Where the Product is out of stock, the Seller may offer the Buyer information about alternative Products.
In order to be able to shop at the Website, the Buyer must be over 18, legally capable of entering into binding contracts and acting in his/her personal capacity and not in the course of trade. The Seller reserves the right to cancel Orders made by Buyers acting in the course of trade.
4. PAYMENT
The Seller accepts payment with MasterCard, Visa and Paypal. The Seller will not charge the Buyer’s debit or credit card until the Product has been despatched. The Seller may decline the Buyer’s Order if the payment through the Buyer’s debit or credit card is declined.
5. DELIVERY ETC.
Delivery will be made to the address stated in the Order Confirmation. The Buyer chooses the method of delivery from the choices offered upon ordering.
The date of delivery will depend on the Buyer’s chosen method of delivery and will appear in the Order Confirmation. If more than one Product is ordered, the Seller reserves the right to send the Products in separate shipments.
6. OWNERSHIP OF THE PRODUCT
Ownership of the Product will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Product. If the time of delivery has arrived and the Buyer fails to have the Product delivered to him after the Product is made available to the Buyer, the Buyer will be responsible for any loss of or damage to the Product.
7. RIGHT OF CANCELLATION
The Buyer may cancel the purchase of the Product at any time for any or no reason within 30 days, beginning on the day after he/she received the Product. The right of cancellation may be exercised even if the Product is free from defects and either before or after the Product has been delivered. Where the Product has been delivered and the Buyer wants to cancel the purchase, the Buyer must return the Product to the Seller. The Buyer will bear the costs of returning the Product and The Seller will refund the price paid. When the Buyer returns a Product to the Seller because the Buyer has cancelled the Agreement in accordance with this section 7, the Seller will process the refund due to the Buyer as soon as possible and, in any case, within 14 days of the day the Seller receives the returned Product.
8. RETURN POLICY
WE OFFER A 30-DAY FREE RETURN POLICY.
If you are not satisfied with your product for any reason, you can return it to us or exchange for a different size within 30 days of receiving it. You can return any product you purchased directly from thermowave.com as long as it is unworn, unwashed, and in the original packaging. We will issue you a full refund for the price you paid for item(s), except transportation cost. More information, how to return the products, you can find in page Returns.
9. PRODUCT NOT IN ACCORDANCE WITH ORDER, DEFECTIVE OR DAMAGED ON DELIVERY
When the Buyer receives the Product, he/she should examine whether or not the Product is in accordance with the Order and whether the Product has been damaged during transport or whether the Product suffers from defects. If the Product is not in accordance with the Order, has been damaged during transport or suffers from defects, the Buyer must give notice to the Seller in accordance with section 10. The Seller will refund or replace Products which are damaged, defective or not in accordance with the Order on delivery.
10. CLAIMS IN THE EVENT OF DEFECTS OF THE PRODUCT AFTER DELIVERY
If at any time after delivery the Product is found to be defective, the Buyer must, within reasonable time after the Buyer became aware of the defect, send a notice to the Seller of the defect. This must be done no later than two months from when the defect was discovered by the Buyer. Any notices must be made in writing, either by clicking the contact us button or by calling the seller on +370 647 04594. Where the Product is defective, the Buyer must return the defective Product to the Seller. The Seller shall bear the costs of returning the Product and will refund or replace the defective Products.
11. PERSONAL INFORMATION – PRIVACY
The Seller will process the Buyer’s personal information to comply with its obligations under the Agreement. The Seller will also use the Buyer’s personal information to inform the Buyer of Products similar to those purchased by the Buyer, unless the Buyer tells the Seller that he/she does not want to receive such information.
Where the Buyer has provided his/her prior consent, the Seller may use the Buyer’s personal information for sending the Buyer advertising material or information on the Seller’s Products different from those purchased by the Buyer. Such voluntary and informed consent may be given by the Buyer upon entering into the Agreement.
The Buyer can contact the Seller, either by phone on +370 647 04594 or by clicking the contact us button if the Buyer has any questions about the Seller’s use of the Buyer’s personal information, or if the Buyer wants to withdraw his/her consent for the use of his/her personal information for marketing purposes, access his/her personal information, amend it or ask for its deletion.
The Buyer may access the Seller’s privacy policy by clicking on the link.
12. DISPUTE RESOLUTION AND JURISDICTION
The parties shall try to settle any disputes amicably. If an amicable settlement cannot be reached, the matter shall be subject to the jurisdiction of the Lithuanian courts.
This Agreement and any dispute or claim arising out or in connection with the subject matter of this Agreement will be governed by the laws of Lithuania.
