TERMS AND CONDITIONS OF SALE
1. General Provisions
1.1. These Terms and Conditions of Sale (hereinafter – the “Terms”) govern the purchase–sale relationship between UAB “Serenity IN” (hereinafter – the “Company”), operating under the trademark “Darnios erdvės”, and a natural person (hereinafter – the “Customer”) purchasing products via the website darnioserdves.lt.
1.2. These Terms apply exclusively to B2C (business-to-consumer) transactions.
1.3. By placing an order, the Customer confirms that they have read and agree to these Terms.
2. Conclusion of the Contract
2.1. A purchase–sale contract shall be deemed concluded when:
• the Customer places an order;
• full payment is made;
• the Customer confirms acceptance of these Terms;
• where applicable – the Customer confirms consent to the commencement of digital content delivery.
2.2. The contract shall be considered fulfilled when the product is delivered to the Customer in accordance with the Delivery Policy.
2.3. Each concluded contract is registered and stored in the Company’s database for the period required by applicable laws.
3. Purchase Process
3.1. To purchase a product, the Customer must:
• select a product;
• provide the required information;
• choose a delivery method;
• choose a payment method;
• confirm the order.
3.2. The Company reserves the right to refuse execution of an order if:
• incorrect or incomplete data is provided;
• payment is not received;
• there are reasonable suspicions of fraud.
4. Prices and Payments
4.1. All prices are indicated in euros (EUR) and include VAT.
4.2. Delivery costs, where applicable, are indicated separately.
4.3. Orders are processed only after full payment has been received.
4.4. If payment is not completed within 3 business days, the order may be automatically cancelled.
5. Nature of the Product
5.1. The products are landscape design projects – intellectual works protected by copyright.
5.2. Projects may be individually personalized and marked with:
• the Customer’s name and surname;
• order number;
• individual project code;
• unique identification marking.
5.3. The product is not a mass-produced good.
6. Intellectual Property
6.1. All projects are the intellectual property of UAB “Serenity IN”.
6.2. The Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the project for personal purposes only.
6.3. It is prohibited to:
• copy;
• reproduce;
• distribute;
• share with third parties;
• resell;
• use for commercial purposes;
• create derivative works without the Company’s written consent.
6.4. The license remains valid as long as the Customer complies with these Terms.
6.5. In the event of infringement, the Company has the right to demand termination of unlawful use and compensation for damages.
7. Digital Content Specific Provisions
7.1. In accordance with Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to:
• goods made according to the consumer’s specifications or clearly personalized;
• digital content not supplied on a tangible medium, once performance has begun with the Customer’s prior consent.
7.2. The Customer expressly confirms that once the delivery of digital content has commenced, they lose their 14-day right of withdrawal.
8. Limitation of Liability
8.1. The projects are of a recommendatory nature.
8.2. The Company shall not be liable for:
• incorrect implementation of the project;
• unauthorized modifications;
• actions of third parties.
8.3. The Company’s liability shall be limited to the amount paid by the Customer for the specific product.
8.4. The limitation of liability shall not apply in cases where damage has been caused intentionally or through gross negligence by the Company, or where such limitation is prohibited by mandatory legal provisions.
8.5. The Customer is responsible for the accuracy of the data provided. The Company shall not be liable for consequences arising from incorrect or incomplete data supplied by the Customer.
9. Personal Data Protection
9.1. Personal data is processed in accordance with the Privacy Policy.
10. Dispute Resolution
10.1. All disputes shall first be resolved through negotiations.
10.2. If no agreement is reached, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.
10.3. The Customer has the right to submit a complaint to the State Consumer Rights Protection Authority of Lithuania.
10.4. The Customer may also use the European Commission’s Online Dispute Resolution (ODR) platform.