TERMS AND CONDITIONS OF USE

PURCHASE CONDITIONS AND RULES

I. General Provisions

II. Sale and Purchase Agreement

III. Products and Prices

IV. Payment for Goods

V. Delivery of Goods

VI. Return of the Goods

VII. Processing of Personal Data

VIII. Final Provisions

I. General Provisions

1.1. These rules (hereinafter - Rules) are made to ensure your (hereinafter - Buyer) and internet store’s www.naganas.com www.naganas.lt (hereinafter – E- Store), which sells goods, UAB “Naganas” (hereinafter - Seller) rights, to determine the obligations of both parties, responsibility and other provisions connected with selling and buying goods in E-Store.

1.2. Details about the Seller of the goods are presented in the section of the E-Store: “About us”. UAB Naganas, 304388877, VAT number LT100012695713, address Lietuvininkų 18, Šilutė, LT99184, Lithuania

1.3. The Rules are applied, when the Buyer in any manner or form is using E-Store: familiarizes with range of products offered in E-Store, orders goods, provides personal or other data, pays for the ordered goods, receives the goods, reads and comments the information in E-Store and/or performs any other actions, associated with usage of E-Store and Sellers offers presented in it.

1.4. Before using E-Store and the offers presented in it by the Seller, the Buyer must carefully read and familiarize with these Rules. Purchasing goods in this E-Store the Buyer confirms that he/she agrees with the application of these Rules.

1.5. The Seller is released from any liability when, the losses or other negative consequences arise from the fact that the Buyer is not familiar with the rules of E-Store, reccommendations or presented information, even though he/she had such opportunity.

1.6. The Seller reserves the right to unilaterally and at any time to change the Rules and make them public on the website of E-Store. The changes take effect from the moment of publication and are valid for all transactions made after publication.

II. Sale and Purchase Agreement

2.1. Product sale and purchase agreements (hereinafter – Agreements) are concluded on E-Store in electronic form, according to Civil Code of the Republic of Lithuania and on 17/08/2001 by the order No. 258 of Minister of Economy of the Republic of Lithuania confirmed the rules of “Selling of items and provision of services when the agreements are concluded using means of communication”.

2.2. The right to buy at the Seller’s E-Store have: capable natural persons; minors from 14 (fourteen) up to 18 (eighteen) years old only if they have parent or guardian consent, except for those cases, when they independently dispose of their own income; legal entities; also all authorized representatives of the above mentioned persons. The Buyer agreeing with these Rules confirms that he/she has the right to buy at the Seller’s E-Store www.naganas.com/lt

2.3. Product sale and purchase contract between the Buyer and the Seller may be concluded and enter into force from the moment when the Buyer formed a Shopping Cart on E-Store, specified delivery address and other necessary details, selected a payment method and became familiar, and confirmed his/her agreement with these Rules, clicks on “Confirm Order”. In cases when the Buyer does not agree to all or part of the Rules, he/she must not place the order.

2.4. After the conclusion of purchase and sell Agreement the Seller additionally sends an automatic notification to the Buyer of a received order with the goods specified therein, with their exact number and prices, and the given order number. Notification is sent to the Buyer in the registration form of the Buyer or in the order form to the provided e-mail address.

2.5. These Rules, Rules constitute of an integral part of the E-Store declaration of descriptions about delivery, payment and return of goods, information about the Seller, also, the e-mail sent by the Seller to the Buyer about the receipt of order are seen as the inseparable part of the Agreement between the Seller and the Buyer.

2.6. Each electronically made contract between the Buyer and the Seller is saved in the database of the E-Store.

2.7. An Agreement made between the Buyer and the Seller is valid until the obligations of the parties are fully met in the manner described in these Rules.

III. Products and Prices

3.1. Properties are specified about the each sold item on the E-Store at the description of the specific item. The Seller is not responsible if the goods on the E-Store differ in their color, form or other properties from the real color, form or other properties due to the specifications and/or settings of the Buyers computer screen.

3.2. Seller has the right to change the supply of goods on the E-Store at any time without giving notice to the Buyer.

3.3. Each price is in Euro and is indicated to the relevant E-Store item, in formulated order of the Buyer, and in the e-mail sent by the Seller to the Buyer about the receipt of the order. The Seller obliges to sell the goods by the price which was valid at the moment of ordering.

3.4. The Value Added Tax (VAT) is included in the price of the goods, because UAB Naganas is a VAT payer.

3.5. The price of delivery of goods is not included in the price of the goods. Payments for the delivery of goods are included in the article 5.1.7 of these Rules.

3.6. The Seller has the right to set the minimum amount of the cart, i.e. the minimum price which must be reached in order process the Buyer’s order.

IV. Payment for Goods

4.1. The Buyer pays for the goods and the delivery of them using one of the following methods:

4.1.1. by using electronic banking system;

4.1.2. in cash at the time of delivery.

4.2. Payment for goods and delivery of them through the bank services, Commissions set by the Bank may be applied for the Buyer and (or) other taxes for the executable operations.

4.3. Seller is processing the order of goods only after receiving full payment for the goods and their delivery (except the case when the Buyer has chosen to pay for the goods in cash at the delivery). The payment is seen as completed when the whole amount is received and confirmed on the Seller’s bank account.

4.4. The Buyer must pay for the goods and their delivery not later than in 3 (three) business days after conclusion of purchase-sell Agreement of goods (except the case when the Buyer has chosen to pay for the goods in cash at the delivery). If the Buyer has not paid for his/her order in the first 2 (two) business days, the Buyer will receive a reminder about the presented order of goods and necessity to pay for it in his/her registration form or in the e-mail address provided in the form of the order. If the Buyer has not paid for the goods and their delivery within 5 (five) business days after the conclusion of purchase-sell Agreement, it is seen that the Buyer refused this Agreement, and this order is canceled, the Buyer then will be informed about it in his/her registration form or in his/her e-mail address provided in the form of order.

4.5. When the Buyer chooses to pay in cash at the time of delivery, he/she must pay the Seller for the goods and their delivery when the goods are delivered to the address of the Buyer, before the goods are given to the Buyer. It is important to have the exact amount of money, necessary for the full payment for the Seller.

4.6. Seller agrees to provide the Buyer with all the necessary and correct information, needed for the payment of goods and of delivery services. However, the Seller does not take any responsibility for the banks, which services were used to pay for the items, improperly provided services and the losses related to them. The seller also assume no responsibility, arising from the mistakes made by the Buyer forming and executing payment transfer (e.g. provision/insert of the incorrect account number, incorrectly placed order code, etc.) and the losses related to them and (or) other negative consequences.

V. Delivery of Goods

5.1. Goods are delivered to the Buyer by the Seller or the courier service company on behalf of the Seller. The goods are delivered to the address indicated by the Buyer at the time of registration or ordering form.

5.1. 1. The buyer, chosen the delivery service at the time of order, undertakes to specify the exact place of delivery.

5.1.2. The buyer undertakes to accept the goods by oneself. In the case when he/she cannot accept the goods, and the goods are delivered to the indicated address and on the basis of other data provided by the Buyer, the Buyer has no right to bring claims against the seller for ill delivery.

5. 1. 3. The seller shall deliver the goods to the Buyer in accordance with the terms specified in the description of goods. These terms are preliminary, also they are not applied in cases when the Seller is out of stock of necessary goods, and the Buyer is informed about the shortage of goods ordered. Also, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unexpected circumstances beyond the Seller. In this case, the Seller undertakes to immediately contact the Buyer and to arrange the delivery of goods.

5.1. 4. In all cases the Seller is released from liability for the breach of terms of delivery of goods, if the goods for the Buyer are not delivered or delivered not in time due to the fault of the Buyer or due to the circumstances beyond the Buyer.

5.1.5. Product delivery time after the payment in online store www.naganas.com/lt is 1-4 business days, except for those cases when longer delivery time is indicated.

5.1. 6. The goods are delivered to the Buyer using courier services: DPD Pickup, LP Express, Lietuvos pastas, Pickup points.

5.1. 7. Delivery price throughout Lithuania (except for Kursiu Nerija) and abroad depends on the ordered quantity and weight.

Delivery of goods to Kursiu Nerija is adjusted separately.

In cases when courier delivered package of goods is crumpled, wet or otherwise externally damaged, the client must indicate all shortcomings in the delivery confirmation provided by courier. This must be implemented by the client in the presence of the courier. When the Buyer signs the invoice and delivery note without indicating any comments, it is considered that the goods have been transferred correctly and the Buyer has no complaints on the quality. Without such action the Seller www.naganas.com/lt is released from liability against the customer for the damage of goods if such damage was caused on the package, which the client failed to indicate in delivery confirmation of goods.

5.2. Liability of the Parties:

5.2.1. The Buyer is fully responsible for the correctness of personal data submitted. If the Buyer does not provide correct personal data, the Seller is not responsible for the occuring consequences, and shall be entitled to request from the Buyer to compensate for direct damages.

5.2. 2. Buyer is responsible for the actions carried out by using this online store.

5.2. 3. Upon registration the Buyer is fully responsible for the transfer of his/her login data to the third parties.

VI. Return of the Goods

6.1 The buyer has the right, indicating a reason, to refuse the purchase and sale Agreement made on the online shop, giving a written notice to the Seller within 14 calendar days from the date of delivery. Written notice of the Buyer about the withdrawal of the Agreement must be made in e-mail address of the E-Store info@naganas.lt.

6.2 Defects of the goods sold are eliminated; defective goods are replaced or returned in accordance with the Minister of Economy in June 29, 2001, Order no. 217 “For the approval of rules for the return and exchange of items” by the approved return and exchange rules.

6.3 In order to return the goods the Buyer must follow the following procedure:

6.3.1. To inform the Seller about this decision through e-mail: info@naganas.lt or calling +370 65661454.

6.3.2. The Buyer will receive “Product return or exchange form”.

6.3.3. When the Buyer fills in “Product return or exchange form”, he/she has to deliver it together with returned or exchanged goods, and with the documents (invoice) proving the purchase of the goods, which the Seller sent with the product.

6.3.4. Replaced or returned goods must be delivered to: UAB NAGANAS, Stoties St.10, Silute, LT-99184 Lithuania.

In order to change the product to another it can only be changed to the item of different size, pattern or color but by the same manufacturer.

The Seller has the right not to accept returned goods by the Buyer if the Buyer does not comply with the procedure for returning the goods.

The money for the returned goods are transferred to the payer’s bank account. Transport costs in the case of exchanging and returning of goods are not refunded.

6.4. The Buyer has the right to return or replace the goods within 14 days.

6.5. In order to return or replace the goods it is necessary to comply with the following conditions:

6.5.1. returned item must be in its original orderly packaging;

6.5.2. item must be undamaged;

6.5.3. item must be unused, with marketable appearance (undamaged labels, sealed protective film, etc.);

6.5.4. when returning the item, it is necessary to provide its purchase document, and completed return form for the Buyer sent by the Seller.

6.6. In order to change the product to another it can only be changed to the item of different size, pattern or color but by the same manufacturer.

6.7. The Seller has the right not to accept returned goods by the Buyer if the Buyer does not comply with the procedure for returning the goods.

6.8. The money for the returned goods is transferred to the payer’s bank account. Transport costs in the case of exchanging and returning of goods are not refunded.

6.9. Returns and exchanges of goods are carried out in accordance with the e-commerce legislation: Decision of the Government of the Republic of Lithuania June 11, 2001, No. 697 “On approval of retail trade regulation” and the approval, effect and implementation of the Law of the Civil Code of the Republic of Lithuania.

6.10. Liability of the parties:

6.10.1. The buyer is fully responsible for the correctness of personal data submitted. If the Buyer does not provide correct personal data, the Seller is not responsible for the occuring consequences, and shall be entitled to request from the Buyer to compensate for direct damages.

6.10.2. The Buyer is responsible for the actions carried out by using this online store.

6.10.3. Upon registration the Buyer is fully responsible for the transfer of his/her login data to the third parties.

VII. Processing of Personal Data

7.1. Registration is not necessary for ordering goods on the E-Store, but the registration is needed to complete the order and to present personal data: name, surname, e-mail and address, which will be used to deliver the goods, phone number and other data indicated in the order.

7.2. The Buyer confirms and is aware of his/her right to refuse to provide personal data, however, he/she understands that personal data is necessary to complete the order of goods, and if the Buyer refuses to present such data according to the article 7.5 of these Rules, purchase and sell Agreement cannot be concluded and fulfilled.

7.3. When the Buyer is registering in the E-Store and (or) presenting the order of goods confirms that he/she agrees to present personal data provided in these Rules, registration form and in the form of the order of goods and agrees that the Seller would process this data according to the article 7.5 of these Rules.

7.4. The Buyer has the right to familiarize with his/her personal data and how it is being processed by the Seller, to require to edit, destroy his/her personal data or to withhold the processing of data (except for saving), when data is being processed breaching the legislation of the Republic of Lithuania, to disagree with the processing of personal data.

7.5. Buyer’s personal data is collected and processed for the following purposes: to conclude the Agreement, to process purchase orders, make financial documents, resolve issues related to the delivery of goods and transfer, and to fulfill other contractual obligations. The Buyer agrees that his/her personal contact data to be processed by the Seller’s offered products for marketing purposes. The Buyer has the right to refuse such processing of personal data for marketing purposes at any time.

7.6. The seller has the right to provide Buyer’s personal information to selected third parties, indicated in the article 7.5 of these Rules, to ensure the execution of contractual obligations. In any other cases, the personal information of the Buyer is not disclosed to third parties without the prior consent of the Buyer, except for those cases when under the legislation of the Republic of Lithuania the Seller must do it.

7.7. During the registration in the E-Store, filling in the form of order or otherwise using E-Store, The Buyer must provide complete and correct data. If, the data provided by the Buyer changes, the Buyer is required to update it. The Buyer is responsible for the correctness of the data provided in registration form, order form or otherwise using the E-Store and takes responsibility for the consequences occurring due to the falseness or inaccuracy of the data provided.

7.8. The Buyer registering in E-Store as well as ordering goods obliges to protect and not to disclose his/her login data to anyone. If the Buyer loses login information, he/she must immediately inform the Seller through e-mail info@naganas.lt . The Buyer is responsible for the transfer of his/her login information to the third parties. If the third party connects with the login information of the Buyer and uses offers in the E-Store provided by the Seller, the Seller sees this person as the Buyer.

VIII. Final Provisions

8.1. If the buyer is trying to do harm and (or) harms the smooth functioning of the electronic store and (or) stable functioning or violates his/her obligations, the Seller has the right to limit or suspend (discontinue) the Buyer’s access to the E-Store services at any time and without prior warning.

8.2. The Seller has the right to suspend (discontinue) the activity of the Store temporarily or for an indefinite period without informing the Buyer.

8.3. The Buyer and the Seller agree that all information contained in the E-Store website (including, but not limited to these Rules, delivery of goods, payment and return descriptions, information about the Seller, the goods proposed to purchase and their characterizations, etc.) is considered to be provided for the Buyer in writing.

8.4. The Seller sends all kinds of messages to the Buyer to his/her e-mail address provided on the registration form.

8.5. The Buyer sends all kinds of messages, questions, complaints, etc. to the Seller’s E-Store e-mail info@naganas.lt . The buyer has the right to contact the Seller at the Seller’s activity address Lietuvininku 18, Silute, Lithuania.

8.6. These Rules do not limit and in no case can be understood as limiting the Buyer’s (user’s) rights, established in the legislation of the Republic of Lithuania. These Rules are made under the Law of the Republic of Lithuania. The Law of the Republic of Lithuania is applied for the purchase and sale Agreement between the Buyer and the Seller.

8.7. All disagreements arising between the Buyer and the Seller due to the purchase and sale Agreement or otherwise related to it shall be resolved by negotiations between the parties. Failing to reach an agreement, the dispute is settled by the Laws of the Republic of Lithuania.

PRIVACY CONDITIONS

1. General Provisions

These privacy conditions (hereinafter - Conditions) establish procedures under which in E-Store www.naganas.com www.naganas.lt personal data of users is managed (of individuals, legal persons) (hereinafter referred to as - You) personal data. Your personal data will be processed according to these Conditions in the Internet store www.naganas.com, and according to the requirements of Personal Data Protection Act of the Republic of Lithuania, and other legislations of the Republic of Lithuania governing the management and protection of data.

2. Transfer of personal data to third parties.

The data submitted by the client registering in Internet store www.naganas.com www.naganas.lt will not become available for the third parties.

3. Presentation and update of personal data.

We must receive accurate data from You in order to effectively and accurately execute Your requests, orders of services in E-Store www.naganas.com/lt . Therefore, in the registration forms provided in the E-Store www.naganas.com/lt You must indicate your accurate data, and if it changes, You must immediately update it.

4. Third party websites.

We are not responsible for the processing of Your personal information through the websites belonging to the third parties. We are not responsible for the privacy conditions and activity of the websites belonging to the third parties even in those cases when you get to those websites through the links that are in the Internet store www.naganas.com/lt . We recommend familiarizing with privacy conditions of each visited website that does not belong to us separately.

5. Personal data security.

Processing Your personal data in E-Store www.naganas.com/lt, we use secure organizational and technical measures, which adequately protects this data against accidental or unlawful destruction, alteration, disclosure, as well as from all other illegal actions.

6. Notification-Agreement.

If you have any requests or claims related to the Internet store www.naganas.com/lt, please contact us by phone +37065661454 or e-mail: info@naganas.com.

By submitting your personal data to the website you agree that this data would be processed in the online store www.naganas.com/lt as it is stated in these conditions.

7. Change of conditions.

We have the right to fully or partially change these Conditions informing You about it on the online store www.naganas.com/lt.

 8. Final Provisions.

These conditions apply to the Laws of the Republic of Lithuania. All disputes are dealt with by mutual agreement. If the mutual agreement cannot be reached, the dispute is then settled in the Court of the Republic of Lithuania, according to the Laws of the Republic of Lithuania.