The following parties to the Sales contract (hereinafter referred to as the “Agreement”) are: (i) Joint stock company “Osteris”, administrator of Electronic trading system “LostEscape” (hereinafter “System”), (hereinafter “service provider”), on the one hand, and (ii) A natural or legal person who has acquired a gift voucher or gift voucher (either directly or through the use of a gift voucher acquired by him or a third party), (hereinafter referred to as the “buyer”) on the other hand.
1. OBJECT OF THE CONTRACT
1.1. The agreement determines the relationship between the service provider and the buyer (hereinafter “parties”) related to the terms of purchase of the gift voucher, delivery and payment arrangements.
1.2. By this agreement, the service provider undertakes to transfer the gift voucher he has purchased to the buyer and the buyer undertakes to pay the service provider the price of the voucher in accordance with this agreement.
1.3. In the Gift voucher (hereinafter “coupon”), the Reservation code (hereinafter “coupon Code”), which has been activated (in payment of the price indicated in the voucher), the buyer has the right to claim the service specified in the voucher during the term of validity. The activated coupon code is the sole document for the service specified in the voucher, order and payment.
1.5. Buyer declares that he is familiar with the description of the service and the requirements applicable to it in the distributed and acquired voucher (including, but not limited to, the age limit) which the buyer, for the benefit of the voucher, Specified in the service must comply. It is known to the purchaser that the service provider may refuse to provide a voucher for a service to a person who does not meet the requirements for the provision of the service, in which case the purchaser’s money for which the coupon was purchased is not refundable.
1.6. When acquiring a voucher, the purchaser confirms that he is aware that the service provider may refuse to provide the service specified in the voucher, provided that the provision of such a service in a particular case would threaten the health, life or other harm of the purchaser.
1.7. Some entertainment photos used in the system are not authentic photos of that entertainment. When purchasing a voucher, the purchaser confirms that it is known to him and does not oppose it.
2. THE PRICE OF VOUCHERS, THE ORDER OF THEIR PURCHASE AND PAYMENT
2.1. The provisions of this Agreement apply when coupons are purchased on the e-commerce system “LostEscape” at www.losescape.lt.
2.2. Voucher values (price) are indicated in the system. The price of each coupon is presented separately, together with a description of the service.
2.3. When buying a voucher, the buyer must:
2.3.1. Fill in the booking form (“booking profile”);
2.3.2. Pay the price of the coupon (and additional charges if they are applicable in the specific case) according to the instructions given in the system.
2.4. The buyer has the right to choose the method of payment and to pay for the purchased voucher:
2.4.1. Using Paysera electronic billing system;
2.4.2. Cash service provider’s office;
2.7. Buyer confirms that it understands and does not oppose that a coupon purchased under this agreement cannot be returned to the service provider and the money paid for it is not refundable.
2.8. If the buyer, when purchasing a coupon that wishes to receive an invoice, sends it to the email address specified in the order.
3. ENTRY INTO FORCE OF THE TREATY
3.1. The buyer confirms that, before the conclusion of this agreement, the terms of this agreement have been carefully read and fully accepted.
3.2. It is known to the purchaser that this Agreement shall enter into force at the moment when the buyer, in accordance with the instructions in the system, presses the button “I ACCEPT the TERMS of the CONTRACT”, thus confirming his agreement with the terms of this agreement.
3.3. The broker undertakes to confirm the conclusion of the contract without delay by sending a confirmation to the e-mail address indicated on the buyer’s order form.
4. DELIVERY OF THE VOUCHER AND GIFT VOUCHER
4.1. The voucher and/or check of the buyer’s choice can be delivered:
4.2. Immediately after the conclusion of the contract by e-mail to the e-mail address specified by the buyer in the order form.
5.1. A coupon purchased by the buyer pursuant to this Agreement shall be valid for three (three) months from the date of conclusion of this agreement (with the exceptions specified in this agreement), this term is indicated in coupon.
5.6. The purchaser confirms that it is clearly understood that:
5.6.1. The time limit specified in the voucher may not be extended and/or renewed;
5.6.2. If the buyer has not used the coupon for the term specified therein, the service specified in the coupon is considered to have been granted, in which case the money is not refunded.
5.7. The buyer confirms that he is aware that the date and time of the provision of the service referred to in the voucher is determined according to the reservation rules developed by the service provider. Essential terms of booking rules: The coupon holder must apply for the service by telephone, e-mail or other specified means, and indicate the coupon code and expiration date, make a reservation, receive a reservation Confirmation, additional information, and to arrive at the specified location at an agreed time. The buyer clearly understands that his absence at the agreed time is considered to be the proper provision of the service and the cash for the voucher in this case is not refundable and its value is not compensated in another way.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. Buyer has the right to:
6.1.1. Require the proper performance of the service provider’s obligations under this agreement.
6.2. The purchaser must:
6.2.1. Provide all data requested by the service provider when concluding this Agreement;
6.2.2. By transferring their rights under this Agreement to third parties to ensure and guarantee that the person to whom these rights are transferred will comply appropriately with the obligations laid down in this agreement.
6.3. The service provider shall have the right:
6.3.1. Refuse to enter into a contract with the buyer if false, inaccurate, misleading or not all the required data were provided at the time of the conclusion.
6.4. Service Provider must:
6.4.1. Ensure proper compliance with the rules on the reservation and make maximum efforts to enable the service referred to in the voucher to be provided to the buyer no later than 30 (thirty) days after its first referral for the provision of the service.
6.4.2. Compliance with confidentiality and data protection requirements.
7. DATA SUBMISSION RULES
7.1. At the time of filling in the booking form, the purchaser must provide complete and correct data required by the system.
7.2. If the purchaser has provided false, inaccurate, misleading or incomplete data in concluding this contract, the risk of non-performance or improper execution of the contract is borne by the purchaser, i.e. in which case the service provider is not liable for the proper Performance of the contract.
7.3. The buyer grants the service provider the right to use the data it has provided, only to the extent necessary for the performance of the contract. This right is valid until the date of the provision of the service or coupon expires.
8. LIABILITY OF THE PARTIES
8.1. Parties shall be liable in accordance with the laws of the Republic of Lithuania as a result of their default or improper execution.
8.2. The purchaser is responsible for the correctness and completeness of the data provided by him in the contract.
8.3. The broker does not guarantee the availability of the service specified on the customer’s specific date.
8.4. The mediator shall not be liable for the proper performance of this contract insofar as it is due to the fault of the purchaser in supplying false, inaccurate, misleading or incomplete data at the time the contract is concluded.
8.5. The mediator shall not be liable for damages arising during or due to the supply of services specified in the voucher. The buyer confirms that he is aware that all liability related to the provision of the services lies with their providers.
9.1. The service provider undertakes to keep confidential and not to disclose to third parties the data contained in the buyer’s order form. These obligations do not apply when disclosure of customer data is necessary in the cases provided for in the legislation of the Republic of Lithuania.
10. OTHER CONDITIONS
10.1. The parties understand clearly that the terms of this agreement are binding upon the purchaser when the rights under this contract are transferred to third parties.
10.2. The Parties undertake to send each other the letters, notices and other documents by e-mail or in writing where this is necessary in the cases specified in the contract. The customer details are provided in the booking form and the service provider’s requisites are as follows:
Address: Equality G. 21-86, LT-51379 Kaunas
Company code: 303355536
Mob. Phone no + 370 601 01027
E. P. firstname.lastname@example.org
Checking account: LT47 7044 0600 0797 3234
Bank: SEB Bankas
10.3. The Parties undertake to settle all disputes arising from the performance of the contract by negotiation. If any dispute or disagreement arising out of the performance of the contract is not settled by negotiation within 30 days from the date of written notification, they shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.