Terms & Conditions
Terms and Conditions
Access the General Terms and Conditions
Table of Contents:
Section 1 – Definitions
Section 2 – Identification of the Merchant
Section 3 – Applicability
Section 4 – The Proposal
Section 5 – The Agreement
Section 6 – Right to Revoke
Section 7 – Responsibilities of Customers in Case of Revocation
Section 8 – Customers Exercising Their Right to Revoke and Associated Costs
Section 9 – Responsibilities of Merchants in Case of Revocation
Section 10 – Exclusion of the Right to Revoke
Section 11 – Pricing
Section 12 – Contract Fulfillment and Supplementary Warranty
Section 13 – Delivery and Execution
Section 14 – Transactions of Prolonged Duration: Duration, Termination, and Extension
Section 15 – Payment
Section 16 – Procedure for Handling Complaints
Section 17 – Resolution of Disputes
Section 18 – Additional or Alternate Provisions
Section 1 – Definitions
The subsequent definitions are applicable within these terms and conditions:
Supplementary Agreement: An agreement in which a consumer acquires products, digital
content, and/or services through a distance contract, and a trader or a third party supplies these
products, digital content, and/or services in accordance with an agreement between that third
party and the trader;
Withdrawal Period: The timeframe during which a consumer can exercise their right of
withdrawal;
Consumer: A natural person whose actions are not carried out for purposes related to a trade,
profession, or business;
Day: A calendar day;
Digital Content: Data produced and supplied in digital format;
Extended Duration Transaction: A distance contract concerning a series of products and/or
services, where the obligation to supply and/or purchase is spread over a period of time;
Durable Medium: Any means – including emails – that enables a consumer or trader to store
information personally addressed to them in a manner facilitating its future use or consultation
during a period in line with the intended purpose of the information, and which permits the
unaltered reproduction of the stored information;
Right of Withdrawal: The option for a consumer to renounce a distance contract within the
withdrawal period;
Trader: A natural or legal person offering products, (access to) digital content, and/or services
to consumers from a distance;
Distance Contract: A contract established between a trader and a consumer within the
framework of a system organized for the distance sale of products, digital content, and/or
services, employing one or more techniques of distance communication until the point of
contract conclusion;
Model Withdrawal Form: The European model withdrawal form included in Appendix I of these
terms and conditions. The trader is not obligated to provide Appendix I if the consumer’s order
does not grant a right of withdrawal;
Distance Communication Technique: Means employed for communicating regarding the
trader’s offer and contract conclusion, without requiring the simultaneous presence of the
consumer and trader.
Section 2 – Identification of the Merchant
Audiostatus
UAB “Hebeja”
Zanavykų g. 25N, 44142 Kaunas Lithuania
Telephone: +37063566135
Email: info@staging.audiostatus.lt
Registration code: 304195084
If the trader’s activities are subject to relevant licensing under Lithuanian law: the data of the
supervising authority. If the trader practices a regulated profession:
the professional association or organization to which they are affiliated;
the professional title, the town/city in the EU or EEA where it was granted;
a reference to the professional regulations applicable in Lithuania, along with guidance on
accessing these regulations.
Section 3 – Applicability
These general terms and conditions apply to every offer made by a trader and to every distance
contract established between a trader and a consumer. Before concluding a distance contract,
the text of these general terms and conditions shall be made available to the consumer. If this is
not reasonably possible, the trader will specify, prior to contract conclusion, how the general
terms and conditions can be accessed for review at the trader’s premises and that they will be
sent to the consumer, free of charge and as quickly as possible, upon the consumer’s request.
If the distance contract is concluded electronically, in contrast to the preceding paragraph, the
consumer shall receive the text of these general terms and conditions electronically before
contract conclusion, in a manner allowing the consumer to store them on a durable medium. If
this is not reasonably possible, the trader shall indicate where the general terms and conditions
can be electronically reviewed and commit to sending them to the consumer, free of charge and
in an appropriate manner, upon request.
In cases where specific product or service-related terms and conditions supplement these
general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the
consumer may always invoke the most favorable applicable condition if incompatibilities arise
between general terms and conditions.
Section 4 – The Proposal
If an offer is subject to a limited period of validity or subject to conditions, this shall be expressly
indicated in the offer. The offer contains a comprehensive and accurate description of the
products, digital content, and/or services being offered. The description is adequately detailed to
enable the consumer to make an informed assessment of the offer. If the trader uses
illustrations, these shall faithfully represent the products and/or services offered. The trader is
not bound by manifest errors or inaccuracies in the offer. Every offer includes information that
clarifies to the consumer the rights and obligations associated with accepting the offer.
Section 5 – The Agreement
Subject to what is stipulated in paragraph 4, the contract shall be concluded at the moment
when the consumer accepts the offer and fulfills the associated conditions. In case the
consumer accepts the offer electronically, the trader shall promptly confirm the electronic receipt
of acceptance. The consumer may rescind the contract as long as the trader has not confirmed
the acceptance.
In the event of an electronically concluded contract, the trader shall implement appropriate
technical and organizational measures to secure the electronic data transfer, ensuring a safe
online environment. If the consumer is capable of making electronic payments, the trader shall
employ suitable security measures. Within statutory limits, the trader may obtain information
about the consumer’s ability to meet their payment obligations, as well as relevant facts and
factors for responsibly concluding the distance contract. If such research provides valid grounds
for the trader to decline the contract conclusion, the trader retains the right, with substantiated
reasoning, to reject an order or application, or to attach specific conditions to its execution.
The trader shall provide the consumer with the following information, in writing or in a format
allowing the consumer to store it on an easily accessible durable medium, no later than upon
the delivery of a product, service, or digital content:
the address of the trader’s business location where consumer complaints can be lodged;
conditions for exercising the right of withdrawal and the related procedure, or a clear statement
regarding withdrawal preclusion;
details about warranties and available after-sales service;
the total price, including applicable taxes on the product, service, or digital content, delivery
costs where relevant, and payment, delivery, or distance contract execution methods;
requirements for contract termination, if the contract’s duration surpasses one year or is
indefinite;
if the consumer possesses a right of withdrawal, the model withdrawal form.
In the case of an extended-duration contract, the above provision applies solely to the initial
delivery.
Section 6 – Right to Revoke
You possess the entitlement to rescind this contract within a span of 45 days without providing
any rationale. The period for withdrawal will terminate after 45 days from the date on which you
acquire, or a third party other than the carrier and specified by you acquires, physical
possession of the final item.
To exercise the right to withdraw, you are required to convey your decision to withdraw from this
contract through a clear declaration (e.g. a letter sent via email or postal mail). Although not
obligatory, you may employ the enclosed model withdrawal form.
In order to meet the withdrawal deadline, it is adequate for you to forward your communication
concerning the exercise of the right to withdraw prior to the expiration of the withdrawal period.
Upon withdrawing from this contract, we will promptly refund to you all payments received from
you, including delivery costs (with the exception of additional costs arising if you opted for a type
of delivery other than the least expensive standard delivery offered by us), without undue delay
and in no event later than 14 days from the date on which we are informed about your decision
to withdraw from this contract. We will execute the reimbursement utilizing the same means of
payment as you utilized for the initial transaction, and you will not incur any charges as a result
of this reimbursement. We may withhold the reimbursement until we have received the goods
back from you.
You are to return the goods or hand them over to us without undue delay and in no event later
than 14 days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the goods before the period of 14 days has expired. You
are responsible for the direct cost of returning the goods. You are liable only for any diminished
value of the goods resulting from the handling of the goods other than what is necessary to
ascertain the nature, characteristics, and functioning of the goods.
Section 7 – Responsibilities of Customers in Case of
Revocation
Throughout the withdrawal period, the consumer shall exercise care in handling the product and
its packaging. The consumer shall solely unpack or utilize the product to the extent necessary to
assess the nature, characteristics, and efficacy of the product. The guiding principle here is that
the consumer may handle and examine the product in a manner akin to that allowed within a
retail setting. The consumer is answerable for any reduction in the product’s value due to
handling beyond the scope of Paragraph 1.
The consumer is absolved from liability for the product’s diminished value if the trader failed to
furnish all statutorily required information about the right of withdrawal before the contract
conclusion.
Section 8 – Customers Exercising Their Right to Revoke and
Associated Costs
A consumer intending to exercise their right of withdrawal shall promptly communicate this to
the trader within the withdrawal period, either through the model withdrawal form or by other
unequivocal means.
As expeditiously as feasible, but no later than 14 days after the day of reporting as delineated in
Paragraph 1, the consumer shall return the product or hand it over to the trader or a
representative thereof. This is not obligatory if the trader has offered to retrieve the product
personally. The consumer will be deemed to have fulfilled the return timeframe if the product is
dispatched before the withdrawal period lapses.
The consumer shall return the product with all pertinent accessories, preferably in its original
condition and packaging, adhering to the sensible and lucid instructions issued by the trader.
The onus and burden of proof for correctly and punctually exercising the right of withdrawal rest
with the consumer.
The consumer is responsible for the direct expenses related to returning the product. If the
trader has not conveyed that the consumer must bear these costs, or if the trader has indicated
a willingness to bear these costs, the consumer is not obligated to cover the return expenses.
If the consumer exercises their right of withdrawal after initially requesting the execution of a
service or the delivery of gas, water, or electricity not prepared for sale to be undertaken in a
limited volume or a specific quantity during the withdrawal period, the consumer shall owe the
trader a sum commensurate with the portion of the contract the trader fulfilled at the time of
withdrawal compared to full contract fulfillment.
The consumer is exempt from incurring costs for services or the supply of water, gas, or
electricity not prepared for sale – in a limited volume or quantity – or for city central heating
delivery if:
the trader failed to provide the consumer with the statutorily required information regarding the
right of withdrawal, withdrawal-related costs, or the model withdrawal form; or
the consumer did not explicitly inquire about the commencement of service implementation or
gas, water, electricity, or city central heating delivery during the withdrawal period.
In case the consumer exercises their right of withdrawal, all additional agreements are dissolved
by law.
Section 9 – Responsibilities of Merchants in Case of
Revocation
If the trader facilitates a consumer’s withdrawal declaration through electronic means, the trader
shall promptly send a confirmation of receipt upon receiving such declaration.
The trader shall promptly reimburse the consumer with all payments, including any delivery
costs charged by the trader for the returned product, no later than 14 days after the day the
consumer reported the withdrawal. The trader may defer reimbursement until the trader has
received the product or the consumer proves they have dispatched the product, whichever
occurs earlier. Reimbursement is carried out using the same payment method initially employed
by the consumer unless an alternate method is agreed upon. Reimbursement is devoid of any
charges for the consumer. If the consumer selected a more costly delivery method in contrast to
the least expensive standard delivery, the trader is not obliged to refund the supplementary
costs of the pricier method.
Section 10 – Exclusion of the Right to Revoke
The trader may exclude the right of withdrawal for the following products and services, but only
if the trader clearly communicated this at the time of offering or at least well before the contract
conclusion:
Products or services subject to price fluctuations on the financial market beyond the trader’s
control, occurring within the withdrawal period;
Contracts formed during public auctions are defined as a sales method wherein a trader offers
products, digital content, and/or services at auction under the supervision of an auctioneer,
obliging the successful buyer to acquire the products, digital content, and/or services;
Service contracts, after full completion of the service, but only if:
the consumer granted explicit prior consent for the service’s commencement; and
the consumer declared the forfeiture of their right of withdrawal upon the trader’s complete
fulfillment of the contract;
Package travel, package holidays, and package tours as referred to in Article 7:500 BW and
contracts concerning passenger transportation;
Service contracts affording access to accommodations if the contract stipulates a particular
implementation date or period and excludes the provision of accommodations for the purpose of
transportation, goods conveyance, car rental services, or catering;
Leisure activity contracts if the contract specifies a certain implementation date or period;
Products customized according to the consumer’s specifications, not prefabricated, and based
on the consumer’s individual choice or decision, or clearly intended for a specific individual;
Products prone to rapid deterioration or possessing a limited shelf life;
Sealed products unsuitable for return due to health or hygiene reasons, if their seal was broken
subsequent to delivery;
Products that have become irrevocably mixed with other products due to their nature;
Alcoholic beverages whose price was set upon contract conclusion, but delivery can only occur
after 30 days, and whose actual value hinges on market fluctuations beyond the trader’s control;
Sealed audio/video recordings and computer software whose seal was broken after delivery;
Delivery of digital content not on a tangible medium, but only if:
delivery started with the consumer’s explicit prior consent, and
the consumer waived their right of withdrawal upon granting such consent.
Section 11 – Pricing
Throughout the specified validity period indicated in the offer, prices for the products and/or
services presented will remain unchanged, except for adjustments due to alterations in VAT
tariffs.
In contrast to the preceding paragraph, the trader retains the option to present products or
services with variable prices, particularly in cases where these prices are subject to fluctuations
within the financial market beyond the trader’s control. The offer must explicitly reference these
fluctuations and indicate that any mentioned prices are suggested prices.
Price increments within 3 months following contract conclusion are only admissible if they result
from statutory regulations or stipulations.
Price increments occurring more than 3 months after contract conclusion are only permissible if
explicitly stipulated by the trader and either:
- arise from statutory regulations or stipulations; or
- grant the consumer the authority to terminate the contract on the effective date of the
price increment.
Prices stated in product or service offers include VAT.
Section 12 – Contract Fulfillment and Supplementary Warranty
The trader ensures that the products and/or services meet the terms of the contract,
specifications outlined in the offer, reasonable reliability and/or performance criteria, as well as
the legal provisions and/or government regulations in effect at the time of contract conclusion. If
agreed upon, the trader also assures that the product is suitable for purposes beyond its normal
designation.
An additional guarantee provided by the trader, manufacturer, or importer shall not diminish the
consumer’s statutory rights and claims against the trader under the contract, should the trader
fail to fulfill their obligations.
An additional guarantee is defined as any commitment from a trader, supplier, importer, or
manufacturer that grants the consumer rights or claims surpassing those mandated by law, in
cases where the trader falls short of their contractual obligations.
Section 13 – Delivery and Execution
The trader will exercise utmost care in receiving and fulfilling orders for products, as well as
evaluating applications for service provision.
The address provided by the consumer to the company will be considered the place of delivery.
Taking into account the content of Article 4 in these general terms and conditions, the company
will promptly fulfill accepted orders, with delivery occurring efficiently and no later than 30 days,
unless an alternative delivery period has been agreed upon. If delivery is delayed, incomplete,
or impossible, the consumer will be informed within 30 days of placing the order. In such
instances, the consumer retains the right to cancel the contract without charge and claim
possible damages.
Upon dissolution in accordance with the preceding paragraph, the trader will promptly refund the
sum paid by the consumer.
The responsibility for product damage and/or loss lies with the trader until the moment of
delivery to the consumer or a designated representative announced to the trader, unless
explicitly agreed otherwise.
Section 14 – Transactions of Prolonged Duration: Duration,
Termination, and Extension
Termination
The consumer has the perpetual right to terminate an open-ended contract established for the
regular supply of products (including electricity) or services, adhering to agreed-upon
termination rules and a notice period not exceeding one month.
The consumer has the perpetual right to terminate a fixed-term contract established for the
regular supply of products (including electricity) or services at the conclusion of the fixed term,
observing agreed termination rules and a notice period not exceeding one month.
For contracts described in the first two paragraphs, the consumer can:
- terminate them at any time, unrestricted to specific periods;
- terminate them using the same method as used for contract conclusion;
- terminate them following the same notice period stipulated for the trader.
Extension
A fixed-term contract established for the regular supply of products (including electricity) or
services must not be automatically extended or renewed for a predefined duration.
In contrast to the previous paragraph, a fixed-term contract for the regular supply of daily or
weekly newspapers or magazines may be automatically extended for a maximum period of
three months, provided the consumer retains the freedom to terminate the extended contract
toward its conclusion, with a notice period not exceeding one month.
A fixed-term contract for the regular supply of products or services may only be automatically
extended indefinitely if the consumer always maintains the right to terminate, with a notice
period not exceeding one month, and, in the case of daily or weekly newspaper or magazine
supply contracts occurring less frequently than once per month, a notice period not exceeding
three months.
A fixed-term contract for the introductory provision of daily or weekly newspapers and
magazines (trial or introductory subscriptions) will not be automatically extended and will
conclude automatically at the conclusion of the trial or introductory period.
Duration
If a fixed-term contract surpasses one year, the consumer maintains the perpetual right to
terminate the contract after one year, observing a notice period not exceeding one month,
unless principles of reasonableness and fairness deem that premature contract termination
would be unjustifiable.
Section 15 – Payment
Unless specified otherwise in the contract or additional conditions, amounts owed by the
consumer must be settled within 14 days following the initiation of the withdrawal period, or in
the absence of a withdrawal period, within 14 days following the contract conclusion. For service
contracts, this 14-day period commences on the day after the consumer receives confirmation
of the contract.
In sales to consumers, general terms and conditions may never mandate an advance payment
exceeding 50%. In instances where advance payment is stipulated, the consumer cannot assert
any rights pertaining to the execution of the order or related service(s) until the specified
advance payment is made.
The consumer is obligated to promptly notify the trader of any inaccuracies in provided payment
data.
Should the consumer fail to fulfill payment obligations in a timely manner, following notification
of delayed payment by the trader, the consumer has 14 days to fulfill the payment obligation.
Failure to comply within this 14-day period will result in the accrual of statutory interest on the
outstanding sum, and the trader retains the right to impose reasonable extrajudicial collection
costs. These collection costs will amount to, at most: 15% of unpaid sums up to €2,500; 10% for
the subsequent €2,500; and 5% for the subsequent €5,000, with a minimum charge of €40. The
trader may deviate from these sums and percentages in favor of the consumer.
Section 16 – Procedure for Handling Complaints
The trader shall establish a transparent complaints procedure that is appropriately publicized
and shall address complaints in accordance with this procedure.
A consumer who identifies deficiencies in the execution of a contract must promptly and
comprehensively submit any complaints to the trader, providing clear descriptions.
The trader shall respond to complaints received within a 14-day period, starting from the date of
receipt. In cases where a complaint necessitates a lengthier processing time, the trader shall
acknowledge receipt within 14 days and provide an estimated timeframe for a more detailed
response.
The consumer is advised to allow the trader a minimum of 4 weeks to collaboratively address
and resolve the complaint. Following this period, unresolved complaints shall be considered
disputes subject to the dispute resolution mechanism.
Section 17 – Resolution of Disputes
Contracts between a trader and a consumer governed by these general terms and conditions
shall exclusively adhere to Lithuanian law.
All disputes, including those unilaterally perceived as such by either party, arising from or related
to the agreement covered by these terms and conditions, or concerning the terms and
conditions themselves, their interpretation, or implementation, whether factual or legal in nature,
shall be exclusively litigated before the competent court unless Audiostatus chooses to submit
the dispute to the competent court in the domicile/establishment of the purchaser.
Section 18 – Additional or Alternate Provisions
Any additional or differing provisions from these general terms and conditions that do not
disadvantage the consumer shall be documented in writing or a format that allows consumers to
retain them conveniently on a durable medium.
The European Commission offers an Online Dispute Resolution (ODR) platform accessible at
https://ec.europa.eu/consumers/odr/. However, we do not intend to engage in dispute settlement
proceedings before a dispute resolution entity.
