Website Terms of Use
1. Definitions
1.1In these Terms, the following capitalised terms have the meanings set out below:
1.1.1Company, we, us or our means Mėlyna Aqua, UAB, a private limited liability company registered in the Republic of Lithuania, registration code 307023467, registered office at Žalgirio g. 92-100, LT-09300 Vilnius, Lithuania.
1.1.2Website means the websites operated by the Company at melyna-aqua.com and shop.melyna-aqua.com, including all of their pages, sub-domains, functions and content.
1.1.3Terms means these Website Terms of Use.
1.1.4User or you means any natural or legal person who accesses or uses the Website, whether or not registered.
1.1.5Account means the personal account that a User may create on the Website in order to place and manage orders and to use the functions available to registered Users.
1.1.6Purchase Terms means the terms and conditions governing the purchase, lease, rental and subscription of the Company’s products and services, namely the Product Purchase Agreement, as provided in a separate agreement entered into between the Company and the User published on the Website at [link] and in force at the time an order is placed.
1.1.7Privacy Policy means the Company’s privacy policy published on the Website at [link], and Cookie Policy means the Company’s cookie policy published on the Website at [link].
1.1.8Content means all texts, images, photographs, videos, graphics, logos, trademarks, product descriptions, technical specifications, software, databases, design elements and other materials made available on the Website.
2. Scope of the Terms and their acceptance
2.1These Terms govern your access to and use of the Website, including browsing the Website, creating and using an Account, using the enquiry and call-back forms and subscribing to the newsletter. By accessing or using the Website, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, you cannot use the Website.
2.2The purchase, lease, rental and subscription of our products and services, including the placing of orders, prices, payment, delivery, installation, warranties, the right of withdrawal, returns and refunds, are governed by the Purchase Terms, which you accept separately when placing an order. In the event of any inconsistency between these Terms and the Purchase Terms in relation to an order, the Purchase Terms prevail.
2.3The processing of your personal data in connection with the Website is described in the Privacy Policy, and the use of cookies and similar technologies in the Cookie Policy. These Terms, the Purchase Terms, the Privacy Policy and the Cookie Policy together constitute the complete set of rules applicable to the use of the Website.
2.4The Website is intended for persons who are at least 18 years of age and have full legal capacity, and for representatives of legal entities acting within the scope of their authority. By using the Website, you confirm that you meet these requirements.
3. Information on the Website
3.1The Website provides information about the Company and its water treatment products and services, allows you to request a quotation or a call, to create an Account and to place orders in accordance with the Purchase Terms.
3.2We take reasonable care to ensure that the information on the Website, including product descriptions, technical specifications, images, prices and availability, is accurate and up to date. Nevertheless, the information may contain errors or omissions, images may differ from the actual product, and products, prices and availability may change without prior notice. The information on the Website is provided for general information purposes and does not constitute technical, legal or other professional advice.
3.3The presentation of products and services on the Website is an invitation to place an order and not a binding offer by the Company. A contract for the purchase, lease, rental or subscription of a product or service is concluded only in the manner and at the moment set out in the Purchase Terms. If an obvious error in the price or description of a product has occurred on the Website, we may refuse to accept, or may cancel, an order placed on the basis of such error, as provided in the Purchase Terms, without prejudice to your statutory rights as a consumer.
3.4Our products require installation and periodic maintenance. Information on the Website regarding the suitability of a product for particular water conditions or premises is indicative only. The specific solution is confirmed with you before installation.
4. Account
4.1You may create an Account on the Website by completing the registration form and providing the required information. Registration is free of charge. Only one Account may be created per email address. You may also browse the Website and request a quotation or a call without creating an Account.
4.2When registering and using the Account, you must provide accurate, complete and current information and update it without delay if it changes. We may suspend or delete an Account created using false or misleading information or on behalf of a person without that person’s authority.
4.3You are responsible for keeping your login details (email address and password) confidential and for all activities carried out through your Account. You must not disclose your login details to third parties or allow others to use your Account. If you become aware of any unauthorised use of your Account or of a loss of your login details, you must notify us immediately using the contact details in Clause 14 of these Terms. We are not liable for loss resulting from unauthorised use of your Account that occurs before we have received such notification, unless the unauthorised use is attributable to our fault.
4.4We may suspend or restrict access to an Account, or delete it, after notifying you, if you breach these Terms or the Purchase Terms, if your conduct threatens the security or stability of the Website or the rights of other Users, if your Account is used for unlawful purposes, or if required by law. Where the breach is serious or urgent action is needed to protect the Website or third parties, we may suspend the Account without prior notice and notify you afterwards.
4.5You may delete your Account at any time by using the relevant function on the Website or by contacting us. Deletion of the Account does not affect orders already placed, contracts already concluded or amounts already due. Data relating to completed orders are retained for the periods set out in the Privacy Policy.
5. Enquiry forms, call-back requests and newsletter
5.1You may contact us through the enquiry and call-back forms on the Website. By submitting a form, you confirm that the information provided is accurate and that you are entitled to provide it, and you request us to contact you using the details provided for the purpose of responding to your enquiry. Submitting a form does not create any obligation on the Company to enter into a contract with you.
5.2You may subscribe to our newsletter by entering your email address in the subscription form and confirming your consent. Newsletters contain information about our products, services, offers and news. You may unsubscribe at any time by using the link included in every newsletter or by contacting us.
6. Permitted use of the Website and prohibited conduct
6.1You may use the Website only for lawful purposes, in accordance with these Terms and in a manner that does not infringe the rights of the Company or third parties or restrict or inhibit the use of the Website by others.
6.2When using the Website, you must not:
6.2.1use the Website in any way that violates applicable law, these Terms or the Purchase Terms, or for fraudulent purposes;
6.2.2provide false, misleading or incomplete information, impersonate another person or misrepresent your relationship with any person or entity;
6.2.3attempt to gain unauthorised access to the Website, its servers, databases or any Account, or to circumvent any security or access-control measures;
6.2.4introduce viruses, malware or other harmful code, or interfere with or disrupt the operation, integrity or performance of the Website;
6.2.5use automated means (robots, crawlers, scrapers or similar tools) to access, monitor, copy or extract data from the Website without our prior written consent, except for the indexing of publicly available pages by search engines;
6.2.6copy, reproduce, modify, distribute, publicly display or create derivative works from the Content, or use it for commercial purposes, except as expressly permitted by these Terms;
6.2.7reverse engineer, decompile or disassemble any software forming part of the Website;
6.2.8place orders or submit forms without the intention of entering into or performing a contract, or in a volume or manner that constitutes abuse of the Website.
6.3If you breach any of the above, we may, without prejudice to any other remedy, restrict or terminate your access to the Website and your Account, cancel pending orders in accordance with the Purchase Terms, and report the breach to the competent authorities.
7. Intellectual property
7.1The Website and the Content are protected by copyright, trademark and other intellectual property rights and belong to the Company or its licensors, including the manufacturers and suppliers of the products presented on the Website. Nothing in these Terms transfers any intellectual property rights to you.
7.2We grant you a limited, non-exclusive, non-transferable and revocable right to access the Website and to view, download and print the Content for your personal, non-commercial use or for the purpose of evaluating and purchasing our products and services, provided that you do not remove any copyright, trademark or other proprietary notices.
7.3The names and logos of the Company and of the products presented on the Website are trademarks of the Company or of their respective owners. You may not use them without the prior written consent of the owner.
7.4Any feedback, suggestions or ideas you provide to us regarding the Website or our products and services may be used by us without any obligation to you.
8. Third-party services and links
8.1The Website uses services provided by third parties, including the payment service provider Stripe for card payments and YouTube for embedded videos, and may contain links to third-party websites and social media pages. Such services and websites are operated by third parties under their own terms and privacy policies, which apply to your use of them. We do not control third-party services and websites and are not responsible for their content, availability or practices. A link on the Website does not imply that we endorse the linked website or its operator.
8.2Card payments are processed by Stripe on its secure payment page. We do not receive or store your full card details. The terms of Stripe apply to the payment transaction in addition to the Purchase Terms.
9. Availability of the Website and changes
9.1We aim to keep the Website available at all times, but we do not guarantee that it will be available without interruption or free of errors. Access to the Website may be suspended temporarily and without notice for maintenance, updates, security reasons or due to circumstances beyond our control (including failures of hosting, telecommunications or third-party services).
9.2We may at any time change, update, add or remove any part of the Website, its functions or the Content, or discontinue the Website in whole or in part. Where reasonably practicable, we will give advance notice of changes that materially affect the use of Accounts. Orders already placed are performed in accordance with the Purchase Terms in force at the time of the order.
10. Liability
10.1The Website and the Content are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, we make no warranties, express or implied, as to the accuracy, completeness, reliability or fitness for a particular purpose of the Content or the uninterrupted or error-free operation of the Website.
10.2To the extent permitted by applicable law, we are not liable for any loss or damage arising from the use of or inability to use the Website, from reliance on the Content, from unauthorised access to or alteration of your data or transmissions, from the conduct of third parties on the Website or from third-party services and websites, except where such loss or damage is caused by our wilful misconduct or gross negligence. We are not liable for indirect losses or loss of profit.
10.3Nothing in these Terms excludes or limits our liability where such exclusion or limitation is not permitted by law, including liability for death or personal injury caused by our fault, liability for wilful misconduct or gross negligence, and the mandatory rights of consumers under the Civil Code of the Republic of Lithuania and other consumer protection legislation.
10.4Our liability in connection with the products and services you order, including warranties, conformity of the products with the contract and the right of withdrawal, is governed by the Purchase Terms and applicable law.
10.5You are liable for any loss or damage caused to the Company or third parties by your breach of these Terms, applicable law or the rights of third parties.
11. Personal data and cookies
11.1We process your personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Lithuanian law, as described in the Privacy Policy. Information on the cookies used on the Website and on how you can manage your cookie preferences is set out in the Cookie Policy.
12. Complaints and dispute resolution
12.1If you have a complaint regarding the Website or our products or services, please contact us using the details in Clause 14 of these Terms, describing the matter and the action you expect us to take. We will examine your complaint and respond in writing within 14 days of its receipt, unless a longer period is required by the nature of the complaint, in which case we will inform you of the expected time of our response.
12.2If you are a consumer and are not satisfied with our response, you may apply to the State Consumer Rights Protection Authority of the Republic of Lithuania (Valstybinė vartotojų teisių apsaugos tarnyba, Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt) in accordance with the Law on Consumer Protection of the Republic of Lithuania, or to a court. These Terms do not deprive you of the rights granted by the mandatory provisions of the law of the state of your habitual residence.
12.3These Terms and any dispute arising from the use of the Website are governed by the law of the Republic of Lithuania. Disputes that cannot be resolved by negotiation are settled by the competent courts of the Republic of Lithuania. Disputes with consumers are subject to the jurisdiction rules provided for in the applicable law.
13. Changes to the Terms
13.1We may amend these Terms from time to time, in particular to reflect changes in the Website, our services or applicable law. The amended Terms are published on the Website with a new “Valid from” date and apply from that date. Registered Users are informed of material amendments by email or by a notice on the Website at least 14 days before they take effect. If you do not agree with the amended Terms, you may stop using the Website and delete your Account. Your continued use of the Website after the amended Terms take effect constitutes your acceptance of them. Orders are governed by the version of the Purchase Terms in force at the time the order is placed.
14. Final provisions and contact details
14.1If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision is replaced by a valid provision that most closely reflects its purpose.
14.2Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or of our right to enforce it subsequently.
14.3These Terms are available in Lithuanian and English. In the event of any discrepancy between the language versions, the Lithuanian version prevails.
14.4You may contact us regarding the Website or these Terms at:
Mėlyna Aqua, UAB
Registration code: 307023467
Address: Žalgirio g. 92-100, LT-09300 Vilnius, Lithuania
Phone: [__]
Email: [__]