The parties to this purchase and sale agreement (hereinafter referred to as the “Agreement”) are: PI SMILE BALLOONS, on the one hand (hereinafter referred to as the “Seller”), and a natural or legal person, gift voucher (hereinafter referred to as the “Buyer”), on the other hand.
- SUBJECT OF THE CONTRACT
1.1. The Agreement establishes the relationship between the Seller and the Buyer (hereinafter referred to as the “Parties”) in relation to the conditions of purchase of the gift voucher, the procedure of delivery and payment.
1.2. By this Agreement, the Seller undertakes to transfer to the Buyer the gift certificate purchased by him, and the Buyer undertakes to pay it in accordance with the procedure provided for in this Agreement.
1.3. The Gift Certificate (hereinafter referred to as the “Coupon”) contains the reservation code (hereinafter referred to as the “Reservation Code”),which, after activation (paying the price indicated in the Coupon), the Buyer has the right to request to provide the service indicated in the Voucher during the period of validity of the Coupon. The activated Reservation Code is the only document confirming the order and payment of the service specified in the Voucher.
1.4. The Buyer declares that he/she is aware that the Seller may require to sign additional agreements and/or consents related to the rules of provision of the service before providing the service specified in the Voucher and does not object to this. The Buyer is aware that if the Buyer refuses to sign the agreements and/or consents specified in this clause of the Agreement, the Seller may refuse to provide the service specified in the Voucher, in which case the money for which the Coupon was purchased is not returned to the Buyer.
1.5. The Buyer declares that he/she is familiar with the description of the specified service and the requirements applicable to it, which the Buyer must meet 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 Coupon was purchased is not returned to the Buyer.
1.6. By purchasing the Coupon, 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 could cause other damage.
1.7. The Buyer understands that the services provided may pose a risk to health and life. By purchasing the Coupon, the Buyer confirms that he/she is aware of all the indicated health and life threats related to the services for which the Buyer acquires the Voucher.
- THE PRICE OF COUPONS, THE PROCEDURE FOR THEIR PURCHASE AND PAYMENT
2.1. The provisions of this Agreement shall apply when Coupons are purchased in an e-commerce system at: www.hotairballoon.lt.
2.2. The price of each Coupon is presented separately, together with a description of the service indicated therein.
2.3. When purchasing a Coupon, the Buyer must:
2.3.1. fill in the order form (hereinafter referred to as the “Order Form”);
2.3.2. to pay the price of the Coupon (and additional fees, if applicable in a particular case) in accordance with the instructions provided.
2.4. The Buyer confirms that he understands and does not object that the Coupon purchased in accordance with the terms of this Agreement may not be returned to the Seller and the money paid for it is not returned, except in the case of withdrawal specified in this Agreement.
- ENTRY INTO FORCE OF THE TREATY
3.1. The Buyer confirms that prior to the conclusion of this Agreement, he/she has carefully familiarized himself/heed with the terms of this Agreement and fully agrees with them.
3.2. The Buyer is aware that this Agreement shall enter into force from the moment when the Buyer clicks on the button “I AGREE TO THE TERMS OF THE CONTRACT” in accordance with the instructions provided in the System, thus confirming his agreement to the terms of this Agreement.
3.3. The Seller undertakes to immediately confirm the fact of conclusion of the Contract by sending a confirmation to the e-mail address indicated in the Buyer’s Order form.
- DELIVERY OF COUPON AND GIFT CERTIFICATE
4.1. Coupon of buyer’s choice can be delivered:
4.1.1. AB Lietuvos paštas by registered mail to the address indicated in the Buyer’s Order form. In this case, the delivery time depends on the rules applicable to AB Lietuvos paštas;
4.1.2. immediately after the conclusion of the Agreement by e-mail to the e-mail address indicated in the Buyer’s Order form.
5.1. The Coupon purchased by the Buyer under this Agreement shall be valid for 12 (twelve) months from the date of conclusion of this Agreement.
5.2. The Coupon shall be valid for as long as such time of year or such climatic conditions lasts, but not more than 12 (twelve) months from the date of conclusion of this Agreement.
5.3. The Buyer confirms that he/she clearly understands that:
5.3.1. The term specified in the Coupon may not be extended and/or renewed;
5.3.2. If the Buyer does not use the Coupon for the period of validity specified therein, it is considered that the service specified in the Coupon has been provided and in such case the money is not refunded.
5.4. The Buyer confirms that he/she is aware that the date and time of provision of the service specified in the Voucher shall be determined in accordance with the Reservation Rules prepared by the Seller. Essential conditions of the Reservation Rules: The Coupon Holder must apply for the provision of the service by the phone, e-mail or other specified method specified in the Voucher and indicate the Reservation code and expiration date, make a reservation using the Reservation Code indicated in the Voucher, receive confirmation of the reservation, additional information, and arrive at the specified place at the agreed time. The Buyer clearly understands that his/her absence at the agreed time to the specified place is considered a suitable provision of services and the money for the Coupon is not refunded in such case and its value is not compensated in any other way.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Buyer has the right to:
6.1.1. to withdraw from this Agreement by notifying the Seller in writing within two working days from the date of conclusion of the Agreement.
6.1.2. to demand proper performance of the obligations of the Mediator provided for in this Agreement.
6.2. The Buyer must:
6.2.1. by refusing to return to the Seller a Coupon purchased under this Agreement at its own expense within fifteen days from the date of sending the written notice in accordance with the procedure established in Clause 6.1.1 of the Agreement;
6.2.2. to provide all data requested by the Seller when concluding this Agreement;
6.2.3. transfer their rights under this Agreement to third parties and guarantee that the person to whom these rights are transferred will properly comply with the obligations provided for in this Agreement.
6.3. The Seller has the right to:
6.3.1. refuse to enter into an Agreement with the Buyer if false, inaccurate, misleading or not all the required data were provided at the time of its conclusion.
6.4. The Seller must:
6.4.1. upon receipt of the Buyer’s notice of withdrawal in the case set forth in clause 6.1.1, to revoke the Validity of the Coupon within fifteen days and return the money paid to the Buyer for the Coupon. The delivery fee when the delivery fee was applied shall not be refunded.
6.4.2. ensure proper compliance with the Booking Rules and make maximum efforts to provide the Service specified in the Voucher to the Buyer no later than within 50 (fifty) days from the date of his first request for the provision of the service in accordance with the procedure established by the Booking Rules, to the extent that this depends on the circumstances that the Seller may influence.
6.4.3. comply with confidentiality and data protection requirements.
- RULES FOR THE SUBMISSION OF DATA
7.1. At the time of filling in the order form, the Buyer must provide complete and correct required data.
7.2. If the Buyer has provided false, inaccurate, misleading or incomplete data when concluding this Agreement, the risk of non-performance or improper performance of the Contract shall be borne by the Buyer, i.e. in such case the Seller shall not be liable for the proper performance of this Agreement.
7.3. The Buyer grants the Mediator the right to use the data provided by him free of charge only to the extent and to the extent necessary for the performance of the Contract. This right shall be valid until the provision of the service specified in the Voucher or the expiry date of the Coupon.
7.4. After the Buyer has given his 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 System news, promotions and other information that would be addressed to the Buyer.
- RESPONSIBILITIES OF THE PARTIES
8.1. The Parties shall be liable for failure to fulfil their obligations or improper performance in accordance with the procedure established by the laws of the Republic of Lithuania.
8.2. The Buyer is responsible for the correctness and completeness of the data provided by him when concluding this Agreement.
8.3. The Seller does not guarantee the possibility to provide the service indicated in the Voucher on a specific day chosen by the Buyer.
8.4. The Seller shall not be liable for the proper performance of this Agreement to the extent that it is due to the Buyer’s fault in providing false, inaccurate, misleading or incomplete data at the time of conclusion of the Contract.
9.1. The Seller undertakes to keep confidential and not to disclose to third parties (except third parties providing services, where 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 disclosure of buyer’s data is necessary in the cases provided for in the legal acts of the Republic of Lithuania.
- OTHER CONDITIONS
10.1. The Parties expressly understand that if the Buyer transfers rights under this Agreement to third parties, the terms of this Agreement are binding on them.
10.2. The Parties undertake to send each other all letters, notices and other documents by e-mail or in writing when necessary in the cases specified in the Agreement. The buyer’s details are indicated in the order form, the Seller’s details are considered the following:
Všį SMILE BALLOONS
AB Bank: Swedbank
Bank Account: LT847300010124937551
Phone: +370 690 55500
10.3. The Parties undertake to resolve any disagreements regarding the performance of the Agreement by negotiations. If any disputes or disagreements arising from the execution of the Agreement are not resolved by negotiation within 30 days from the date of written notification, they shall be settled in the court of the Republic of Lithuania in accordance with the procedure established by legal acts of the Republic of Lithuania.