Terms & Conditions
These Terms and Conditions (hereinafter, referred to as "the Terms") for the website http://www.alive85.com (hereinafter, referred to as the "Website") constitute a legal agreement between the user ("you", "your", "user") of the Website and Alive 85 having a principal place of business at Molainiu 84, Panevezys 37152, Lithuania (hereinafter, referred to as the "Alive 85"). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. Alive 85 grants you the right to use the Website only in the case you agree to the Terms.
1. The Website
1.1 The Website is an e-commerce platform allowing users to purchase t-shirts and other products. Moreover, the Website provides the users with the opportunity to enjoy new music, videos, and photos.
1.2 Technical steps to conclude a sale contract. If you would like to purchase one of our products through the Website, you need to add the selected product in your online Cart. This can be done by (1) visiting the webpage of the selected product and (2) clicking on the “Add to Cart” button. After you add the products which you would like to purchase to the Cart, you need to click on a button in the form of a bag (on right upper side of the screen) and press the “Checkout” button. Next, you will need to login into your Account or login as a guest and perform the following operations: (1) add your billing details; (2) add your delivery details; (3) select a delivery method; and (4) select a payment method. Afterwards, you will need to click on the button “Confirm order” and pay the price of the product by using the payment option selected by you. When you click on the button “Confirm order”, we will send you a confirmatory email informing you about your order. By clicking on the button “Confirm order” and receiving a confirmatory email, you conclude a sale contract in Lithuanian between you and Alive 85 on the basis of these Terms. After receiving your payment, we will deliver the product(s) ordered by you.
1.3 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us at email@example.com.
1.4 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Confirm order” button. If you have made any input error in your Cart, please click on a button in the form of a bag (on right upper side of the screen) and correct your error.
2.1 We are currently not VAT registered and do not charge VAT. All prices indicated on the Website are VAT-exclusive and include the delivery costs.
2.2 The prices remain valid as long as they are indicated on the Website.
2.3 No additional charges will be applied without your express agreement.
2.4 The prices are in euros.
3.1 We will send you the purchased products within 2-7 working days from receiving order.
3.2 If you are based in Lithuania, we will ship your products free of delivery charge.
3.3 If you are based within the territory of Europe (but outside Lithuania), our delivery fee will be EUR 4.
3.4 If you are based outside Europe, our delivery fee will be EUR 8.
4. Unavailable products
4.1 If the products ordered by you are not available, you can request us to provide you with substitute products of equivalent quality and price. We will put reasonable efforts to comply with your request. Please note that the cost of returning any such substitute goods to Alive 85 in the event of cancellation by the consumer would be met by Alive 85.
5.3 It is your responsibility to verify that all transaction information and other details are correct. Alive 85 shall have no liability for transactions which are incorrect as a result of factors beyond Alive 85’s control.
5.4 Alive 85 accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
6. Alive 85’s Content
6.1 The Website contains materials that are owned by Alive 85 (hereinafter, referred to as "Alive 85’s Content"). Such materials include, but are not limited to, text, images, and source code. Alive 85’s Content is intellectual property of Alive 85. Alive 85’s Content is protected by the intellectual property law of Lithuania and the applicable international intellectual property laws.
7. Support queries
7.1 If you have any questions, comments, and support queries, please contact us at firstname.lastname@example.org .
8.1 If you would like to unsubscribe from our newsletter, please contact us at email@example.com .
9. A license to use the Website
9.1 Subject to the provisions in the Terms, Alive 85 grants you a personal and nonexclusive limited license to use the Website.
10. License restrictions
10.1 Unless explicitly allowed in the Terms, you may not: (i) copy Alive 85’s Content; (ii) distribute Alive 85’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Alive 85’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Alive 85’s Content to third parties.
11.1 All Alive 85’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of Alive 85 included therein, are intellectual property of Alive 85, its licensors, vendors, agents and/or other content providers.
12. Right of withdrawal
12.1 Right of withdrawal. If you are a consumer (i.e. a natural person who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sale contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product purchased by you. To exercise the right of withdrawal, you must inform Alive 85 of your decision to withdraw from the sale contract by an unequivocal statement by e-mail). You can use the following email address to exercise your rights of withdrawal: firstname.lastname@example.org
12.2 You may use the model withdrawal form in Section 12.7, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
12.3 Effects of withdrawal. If you withdraw from the sale contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
12.4 Return of the goods in case of withdrawal. You shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the sale contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost of returning the products.
12.5 Reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the goods, whichever is the earliest.
12.6 Liability for diminishing value. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
12.7. Model withdrawal form.
— To: Alive 85 Address: Gardino 8D, Alytus 62154, Lithuania
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
13. Your warranty to Alive 85
13.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 18 years of age;
15.1 Alive 85 will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
15.2 Alive 85 does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
16.1 The Website may contain links to other websites. Alive 85 is not responsible for the content of those websites.
17. Governing Law
17.1 The Terms shall be governed by the laws of Lithuania. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Lithuania for all disputes arising out of or relating to these Terms.
18. Amendment of these Terms
18.1 Alive 85 reserves the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
19. Last amendment
19.1 These Terms have been last amended on 9th of September 2015.