Terms and Conditions
1. DEFINITION. “ Seller ” means U AB “ENERGUS POWER SOLUTIONS”, legal entity code 303384299, registered at Lazdynų str. 21, Vilnius, Lithuania.
“ Buyer ” means legal or natural person who purchases Products on website www.energusps.com .
“ Website ” means the Seller’s website www.energusps.com where the Buyer places the order.
“ Products ” means any product ordered by the Buyer on the Seller’s Website.
“ Intellectual Property Rights ” means all copyright, patents, registered and unregistered designs, trade marks, know-how and all other forms of intellectual property which is enforceable around the world.
2. SALE OF PRODUCTS. By placing an order the Buyer is offering to purchase the Products on and subject to the following terms and conditions and acknowledges these terms and conditions.
3. PRICES. All orders are subject to availability and confirmation of the order price. The Buyer shall pay all taxes and third-party expenses imposed on, in connection with, or measured by the transaction.
All prices quoted are subject to change, without notice, at any time prior to the Seller’s acceptance of the Buyer’s order, to such prices prevailing at the time of acceptance.
4. DELIVERY. RETURN OF PRODUCTS. The Seller will deliver the Products purchased by the Buyer to the Buyer’s shipping address indicated in the Buyer’s order. Delivery takes place from Lithuania, EU, to all worldwide destinations.
Delivery times of the Products may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which the Seller will not be responsible.
If, due to any act, matter or thing beyond the control of the Seller, the shipping address for delivery is unattended, delivery cannot otherwise be effected or the Products cannot be dispatched, the Seller, in its sole discretion, may store the Products at the Buyer's risk and expense or take such other steps as it considers appropriate.
The Seller and the Buyer hereby agree that no Products will be returned unless all of the conditions exist:
a. prior permission has been given by the Seller;
b. the correct invoice number is quoted on the Buyer’s return tender;
c. the returns are made within five (5) business days after delivery; and
d. the reason for the return is clearly stated on the Buyer’s return tender
5. PAYMENT. Products will not be dispatched until the full payment received by the Seller. The Buyer’s card will be debited once the order has been accepted by the Seller.
6. RISK. Risk in the Products passes to the Buyer on delivery of the Products and from that time the Buyer assumes all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.
7. TITLE. Title to any and all Products supplied by the Seller will remain with the Seller and no legal or equitable interest or property in the Products whatsoever will pass to the Buyer until the Buyer has paid the full payment.
8. INTELLECTUAL PROPERTY OF PRODCUCTS. All Intellectual property rights of the Products remains the property of the Seller or its licensors and are protected by copyright, patent, design, trade mark, trade secret law and other law applicable around the world.
The Buyer shall ensure that Products retain all Seller’s copyright notices and other proprietary legends of the Seller, if any.
The Buyer shall immediately notify the Seller at info @energusps.com if it becomes aware or suspects that any third party is violating any of Seller’s Intellectual property rights in respect of the Products.
9. SEVERABILITY. Should one or more provisions of the Terms and Conditions become invalid or impossible to implement, this shall not make all other provisions invalid. In this case, the Seller and Buyer agree to replace the invalid provision by a legally valid provision which is as far as possible consistent with the invalid provision in its legal and economic result.
Any variation to the Terms and Conditions can be made only upon a written agreement of both Seller and Buyer.
10. FORCE MAJEURE. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
11. ASSIGNMENT. The Buyer may not assign any of its rights under this Agreement or delegate any performance under this Agreement, except with the prior written consent of the Seller.
12. RECOVERY OF EXPENSES. The parties are obligated to compensate for all the damages by the other party that arise from the breach of this Agreement. The damages are in all cases comprised of direct losses, but can also be comprised of indirect losses if a party can prove it.
13. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania.
The Seller and the Buyer shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Agreement or the breach, termination or invalidity thereof. Failing to resolve the dispute amicably, any dispute, disagreement or requirement arising out of or in connection with this Agreement, the violation, termination or validity thereof, shall be settled by the courts of the Republic of Lithuania under the law of the Republic of Lithuania.
If you have any questions about these Terms, please contact us.
· Phone number: +370-633-34466
· Email address: firstname.lastname@example.org