1.1. The website www.novakopa.lt (hereinafter the “Website”) is owned and administered by NOVAKOPA UAB (company code: 135592370; office address: Juozapavičiaus pr. 7, Kaunas) (hereinafter “NOVAKOPA”).
1.3. For the purposes of these Terms, the term “use of the Website” shall be understood as the performance of all and any actions by the User when accessing the Website via electronic communications networks using a web browser (Internet Explorer, Firefox, Opera, etc.) and the term “services” shall be understood as the performance by the User of all and any actions that he may perform on the Website, including browsing (viewing, reading, etc.) the Website, submitting questions using a special module installed on the Website, registering, purchasing goods and performing all other actions on the Website.
1.4. Use of the Website and services shall be free of charge. If the provided service is paid, the Users are informed about this additionally on the Website.
1.5. By using the Website and/or services in any way and in any form, the User unconditionally and irrevocably undertakes to comply with all the requirements laid down in these Terms. If the User does not agree to unconditionally and irrevocably assume and comply with all the obligations laid down in these Terms, the User loses the right to use the Website and/or services.
1.6. NOVAKOPA shall have the right to unilaterally amend and/or supplement these Terms at any time. Amendments and/or additions to the Terms shall enter into force upon their publication on the Website. If the User continues to use the Website and/or services after the publication of the amendments and/or additions to the Terms, the User shall be deemed to have unambiguously accepted all amendments and/or additions to the Terms. If the User does not agree to the amended and/or supplemented Terms, he shall lose the right to use the Website and/or the services.
1.7. Matters not covered by these Terms are governed by the other Terms, agreements or other documents on the Website. By using the Website and/or the services in any manner or form, the User unconditionally and irrevocably undertakes to comply with all the requirements set out in the documents. If the User does not agree unconditionally and irrevocably to be bound by and abide by all the obligations set out in the documents, he shall lose the right to use the Website and/or the Services.
2.1. The use or full access to the Website and the services is only possible by completing the registration procedure on the Website. The registration procedure is carried out by clicking on the respective link on the Website, filling in all mandatory fields of the registration form (name, e-mail address, phone number, login password, etc.) and filling in optional fields at the User's choice, thus providing data about yourself to NOVAKOPA (hereinafter the “Data”).
2.2. NOVAKOPA shall have the right to cancel the User's registration in all cases and without prior notice and to destroy all Data obtained during the User's registration procedure.
2.3. During the registration procedure, the User undertakes to provide only correct and complete Data. NOVAKOPA and the User agree that NOVAKOPA will perform all its duties and exercise its rights under the presumption that the Data provided by the User is correct and complete. NOVAKOPA shall in no case be held liable for damage caused to the User and/or third parties due to the fact that the User has provided incorrect and/or incomplete Data or has failed to change and complete the Data after their change.
2.4. The User is expressly prohibited from possessing the identity of other persons by indicating a foreign name, surname and/or other Data. In disregarding the aforementioned requirements for the User, NOVAKOPA shall have the right to immediately and without prior notice prohibit the use of the Website and/or services and, in the event of reasonable suspicion that by such actions the User has caused or could have caused damage to NOVAKOPA, third parties and/or the public interest, to transfer all available Data about such User to the competent public authorities.
2.5. The User unconditionally undertakes to ensure the confidentiality of the Data and not to disclose it to third parties and to ensure that no third parties are able to use the Data in order to use the Website and/or services and/or for other purposes. The User shall be liable for any acts of third parties, if they have been performed using the User's Data, all obligations and responsibilities arising from or related to the actions of third parties performed using the User's Data shall be borne entirely by the User.
2.6. The User unconditionally agrees and unequivocally confirms that he or she, and not NOVAKOPA, is solely responsible for the protection and confidentiality of the Data necessary for the User to access the Website or otherwise use the services.
2.7. The User unconditionally and irrevocably consents to NOVAKOPA processing any Personal Data or other information provided by the User and using such information for the purposes of the performance of these Terms, the provision of the Services, for direct marketing and statistical purposes and for other purposes.
2.8. The User agrees that the Data of the profile created on the Website after the registration process, based on the Data provided by him, shall be accessible to NOVAKOPA employees.
3.1. NOVAKOPA reserves the right at any time, without notifying the User, to modify the services or individual parts thereof, all and any of their content, functions, any information, including that provided by the User, etc. The User is aware and agrees that NOVAKOPA will never be held liable for any negative consequences for the User caused by such and other similar actions and refuses to make any claims against NOVAKOPA for such actions.
3.2. The User acknowledges and agrees that he, and not NOVAKOPA, is responsible for any and all information, data, symbols, text, software, music, sounds, photos, images, graphics, video clips, conversations, messages, e-mails, documents or any other materials sent or otherwise transmitted by him in connection with the use of the Website and/or the Services.
3.3. NOVAKOPA shall have the right to restrict or suspend the User's access to the Website and/or the Services at any time, without prior notice, for an indefinite period and without giving any reason.
3.4. The Parties agree that NOVAKOPA shall have the right to discontinue the Website at any time without prior notice.
3.5. The User shall have the right to withdraw from the Website and/or the Services at any time by deleting his Data in the manner indicated on the Website.
3.6. When using the Website and/or services, the User must respect and not violate the established norms of conduct and morality, not to violate the requirements of the legislation and the rights and legitimate interests of third parties, including the legislation regulating the protection of intellectual property, the protection of personal data, the regulation of advertising and others.
3.7. When using the Website and/or the Services, the User is not allowed to:
3.7.1. Use the Website and the services in a manner that may jeopardise the proper functioning, security, integrity or accessibility of the Website and/or the services or restrict the ability of others to use the Website and/or the services;
3.7.2. Store, hold, post, transmit, distribute or otherwise transmit any offensive, defamatory, obscene, pornographic, threatening, abusive, discriminatory or contrary to legal requirements, as well as any other content that could violate the requirements of the law, be considered as violating the norms established by the law, or encourage behaviour contrary to the requirements of the law or give rise to any legal liability of NOVAKOPAI;
3.7.3. Disseminate by any means links to any content that may be considered obscene, pornographic, defamatory, offensive, threatening, abusive, discriminatory or in breach of any legal requirement;
3.7.4. When registering on the Website, to choose and/or use such username and/or part of the e-mail address, which may be considered obscene, pornographic, offensive, threatening, abusive, discriminatory or in violation of legal requirements;
3.7.5. Impersonate any other person or entity, including but not limited to NOVAKOPA employees, or otherwise provide misleading information about their relationship with any person;
3.7.6. Use any automated means, including but not limited to additional computer hardware and/or software, to improve the results of promotions and/or competitions organised on the Website;
3.7.7. Arbitrarily organise own competitions or advertise products and/or services of any kind;
3.8. In addition to the foregoing, the User undertakes not to use the Website and/or the services:
3.8.1. For performing any act that could harm any person, their property or legitimate interests;
3.8.2. For dissemination of information that is prohibited by law, defamatory, abusive, fraudulent, threatening, infringing on the rights of individuals or otherwise being of a similar nature;
3.8.3. Infringing the rights of individuals to intellectual property, including copyrights, patents, commercial or industrial secrets or trademarks;
3.8.4. Advertising of any goods and/or services, as well as any unwanted emails, messages, communications or other content.
3.9. NOVAKOPA and the User agree that if the User violates any of the provisions of these Terms, NOVAKOPA shall have the right to restrict the User's ability to use the Website and/or any or all of the services in any way at any time, in whole or in part.
3.10. The User is aware and agrees that if he wishes to receive a paid service or product, he must first pay NOVAKOPA for the paid services in accordance with the procedure set out on the Website. NOVAKOPA shall have the right to unilaterally change the amount and the payment procedure for any of the paid services at any time.
3.12. The User is aware and agrees that NOVAKOPA does not control the content of other Users or third parties that the User may receive, read or otherwise become aware of through the use of the Website and the services, and therefore NOVAKOPA does not guarantee the accuracy, integrity and/or quality of such content.
3.13. The User is aware and agrees that by using the Website and the services, the User is not and cannot be protected from offensive, indecent or other content adversely affecting the User.
3.14. If the User has given his consent to the processing of his data for direct marketing purposes, he is aware and agrees that by using the Website and/or the services, the User may receive an unlimited amount of informational, promotional and other types of content provided by NOVAKOPA or third parties. Such content may be sent in any and all ways, to any contact details provided by the User during the registration. The User shall have the right to withdraw the aforementioned consent.
3.15. The User shall have the right to comment and communicate with other users in other ways available on the Website, as well as to express his opinion about the content provided on the Website and the available services. The User unconditionally confirms and warrants that any comments or any other information, data or other content provided by him will meet the following requirements:
3.15.1. Will be true, accurate, not fraudulent or otherwise misleading;
3.15.2. Will not infringe the rights of NOVAKOPA or third parties, including but not limited to intellectual property rights, trade secret rights, the right to the inviolability of a person's private life, etc.;
3.15.3. Will not violate the requirements of laws or other legal acts;
3.15.4. Will not create any legal obligations for NOVAKOPA.
3.16. The User is aware and agrees that all personal information of the User (including, but not limited to, the Data) and all content provided by the User in any way using the Website and/or services may be stored by NOVAKOPA for the entire duration of the User's visit to the Website, and for a further period of 5 (five) years, starting from the User's (Buyer's) last visit to the website (shop) “www.novakopa.lt”. Personal data may be processed for a longer period of time if required by the laws of the Republic of Lithuania or other legal acts.
3.17. The User is aware that he, and not NOVAKOPA, is responsible for all and any content that the User sends, views, stores or distributes using the Website and/or the services.
3.18. NOVAKOPA reserves the right, at its sole discretion, to delete and modify any User's comments without notice to the User.
3.19. By using the Website and/or services and by submitting, entering or otherwise sending content, the User grants NOVAKOPA the following exclusive rights free of charge, for an unlimited period of time and in an unlimited territory:
3.19.1. the right to reproduce, publish, make public, make available to the public and distribute in any form whatsoever by sale, lease, lending or other transfer of ownership, or to control the information provided by the User in any form or language;
3.19.2. the right to create derivative work from content provided by the User;
3.19.3. to use the submitted content in any way and form without remuneration, including, but not limited to, the use of ideas, suggestions or ideas submitted by the User in the activities of NOVAKOPA or other persons.
4.1. The User can find the goods he wishes to purchase in the electronic catalogue of the Website's goods (hereinafter referred to as the “E-Catalogue”). In the e-catalogue, all products are arranged by category. NOVAKOPA reserves the right to change the products, their descriptions, prices, etc. in the E-catalogue at any time and without notice to the User. As a general rule, all items in the E-catalogue are available for purchase. However, NOVAKOPA shall not be liable if a product is listed in the E-catalogue, but the User is not actually able to purchase it.
4.2. All prices are quoted in litas. The price shown in the E-catalogue is final, i.e. it already includes all taxes payable. You can also choose to display the item price without VAT. The delivery cost is not included in the above price and depends on the total order amount. The terms and conditions of delivery (including rates) are available on the Website.
4.3. Once a user has selected an item in the E-catalogue and decides to buy it, he can do so by clicking on a special button “ADD TO CART“. By clicking on “ADD TO CART”, the item is added to the User's shopping list – the Cart. The User can view and edit the items in the Cart, i.e. add new items to the list or remove existing ones, calculate the total price of selected items, etc.
4.4. In order to buy the goods in the Cart, the User can do so by clicking on a special button that says “BUY”. If the User is already registered on the Website, he shall be required to follow the procedure for logging in to the Website; if the User is not registered, he shall be required to follow the registration procedure. The registration on the Website and the purchase of goods is completely secure. NOVAKOPA strictly complies with the requirements of personal data protection and security.
4.5. When ordering goods, the User must specify the address to which the goods are to be delivered and the method of payment for the goods. After completing and confirming the goods order form, a confirmation letter with all the necessary information for payment and the order number is sent to the consumer by e-mail. This confirmation must be retained by the User, as it constitutes proof of the order placed by the User.
4.6. The User may pay for the selected goods by making a transfer to the bank account indicated on the Website. The transfer can be made using online banking systems or at a bank branch. When making a payment, the user must provide the order number and his name.
4.7. NOVAKOPA, upon receipt of payment, shall commence the procedure of dispatching the ordered goods to the User. The User shall be informed of the dispatch of the order by e-mail or by a phone call. If the goods ordered are in stock at the time of ordering, they are delivered within 1-5 business days after payment is received. If the goods are not delivered within the aforementioned period, NOVAKOPA may only be held liable if this is due to its direct fault. For non-delivery of goods due to the fault of the courier service provider, the liability towards the User shall be borne directly by the courier service provider.
4.8. NOVAKOPA's responsibility for the quality of the goods, the warranty period, payment terms and other matters of a similar nature shall be set out in the (confirmatory) contract of sale and purchase signed with the User (Buyer), the terms whereof shall have precedence over these Terms.
5.1. All rights to the Website and the work contained therein are protected by the laws and regulations of the Republic of Lithuania. No content or other information contained on the Websites may be reproduced, made publicly available or distributed without the prior written permission of NOVAKOPOS.
5.2. All trademarks that appear on the Website are the property of NOVAKOPA or are used by NOVAKOPA on the basis of contracts or other legally binding transactions concluded with the rightful owners/users of the trademarks.
6.1. The User agrees that, unless otherwise provided by the legislation of the Republic of Lithuania and these Terms, NOVAKOPA is not and will not be held liable for any malfunctioning of the Website and/or services and any losses or damages incurred by the User or third parties as a result.
6.2. The User is aware and agrees that, unless otherwise provided for by the legislation of the Republic of Lithuania and these Terms, the services are provided without any confirmation or warranty on the part of NOVAKOPA that the Website will be operated and the services provided therein will be provided in a proper and timely manner, without any disruptions, in good quality, in entirety, or that it will not result in any negative consequences for the User or third parties.
6.3. NOVAKOPA shall not be held liable for any damages and/or losses that may be incurred by the User when using the Website and/or services and uploading, downloading, transmitting, or making available to the public in any other way any content.
6.4. The User is aware and agrees that NOVAKOPA shall not be held liable for any content that reaches the User or other third parties in any way through the User's use of the Website and/or the services, including, without limitation, any errors or inconsistencies in such content, loss or damage caused by the content or the posting, receipt, sending or other transmission of such content through the services.
6.5. The User is aware and agrees that, unless otherwise provided by the legislation of the Republic of Lithuania and these Terms, NOVAKOPA shall not be held liable at any time and for any reason whatsoever, for any and all of its acts or omissions in connection with the User's use of the Website and/or the Services and compliance with these Terms. The User assumes full liability for any damages or losses of any kind that may be incurred by him or third parties in any way arising from the User's use of the Website and/or the services.
6.6. The User undertakes to ensure that NOVAKOPA shall never incur any legal liability, obligation to pay, indemnify or otherwise compensate for any loss, damage or other costs arising from the User's use of the Websites and/or services.
7.1. NOVAKOPA sends all promotional and information messages, requests, requests and other information to the User at the e-mail address provided by the User during the registration process or by any other means by which the User can be reached, depending on the services used by him. All information sent to the User under these Terms shall be deemed to have been received by the User 5 hours after the time of sending.
7.2. NOVAKOPA shall not be held liable for any and all disruptions in the internet connection, email service providers' networks or other disruptions that result in the User not receiving informational or confirmation emails from NOVAKOPA. The Parties agree that the existence of a copy of an email or other communication addressed to the User on NOVAKOPA’S server (database or other device storing the relevant information) shall be sufficient evidence of the sending of any information to the User.
7.3. The User shall send all notifications, claims, requests and questions to the contact addresses indicated in the Contacts section of the Website.
8.1. The Terms shall be governed by the laws of the Republic of Lithuania.
8.2. If any provision of these Terms is contrary to law or for any reason becomes partially or wholly invalid, it shall not invalidate the remaining provisions of these Terms. In this case, NOVAKOPA and the User agree to replace the invalid provision with a legally effective provision which, as far as possible, has the same legal and economic result as the replaced provision.
8.3. NOVAKOPA and the User agree that NOVAKOPA may at any time assign its rights and obligations under these Terms to third parties without the User's consent and without notifying him thereof.
8.4. NOVAKOPA and the User agree that these Terms shall prevail over all explanations and descriptions of the services available to the User on the Websites, and that all disputes between the parties shall be resolved in accordance with these Terms.
8.5. All disagreements between the User and NOVAKOPA regarding the implementation of these Terms shall be resolved by negotiation. In the event that the parties fail to resolve the dispute by negotiation within 15 (fifteen) days from the date on which one of the parties has delivered to the other party a written request for settlement of the dispute, the dispute shall be finally settled by the courts of the Republic of Lithuania in accordance with the procedure established by the laws of the Republic of Lithuania, at the place where the registered office of NOVAKOPA is located.