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DANCING QUEEN STUDIO
UTR No: 8099344409
 
E-mail: info@dqstudio.eu
Skype: dancingqueen
 
 

 

  

TERMS AND CONDITIONS

1. General provisions

1.1. These terms and conditions of purchasing and sales (hereinafter – Terms) is a document legally binding to the parties of purchasing and sales transaction establishing the mutual rights, obligations, liability and other conditions associated with the sales and purchasing of the good(s) in the Shop for the physical or legal entity (hereinafter – Buyer) purchasing the good(s) at the electronic shop at www.dqstudio.eu (hereinafter – Shop), and DANCING QUEEN STUDIO, UTR No. 8099344409 (hereinafter – Seller). 
1.2. Purchasing the good(s) at the Shop, the Buyer unconditionally agrees with the terms and conditions for the conclusion and fulfilment of the purchasing and sales transactions established by these Terms and commits himself to observe them. If the Buyer disagrees with the Terms, he shall not be allowed to conclude the purchasing and sales agreement and to acquire the good(s).
 

2. Conclusion of the purchasing agreement

2.1. The purchasing and sales agreement between the Buyer and the Seller shall be deemed to have been concluded as of the moment when the Buyer has selected the goods, formed the shopping basket and entered or marked all the required data pressing the link ‘Buy’ and it shall be valid until complete fulfilment of obligations under this agreement.
2.2. The Buyer and the Seller agree that after the Buyer has placed an order for an item and the Seller has confirmed it, the price of the item may change subject to objective indicators affecting the item price such as increase of the item cost, technical failure of information systems or additional expenses associated with the selling of the item to the Buyer. If the Buyer in this case disagrees to purchase the item at a new price, either of the Parties shall be entitled to terminate the purchasing and sales agreement of the item after notifying the other Party thereof and the money paid for the item shall be refunded to the Buyer. The Parties agree that the losses pertaining to the termination of the purchasing and sales agreement in accordance with the procedure set forth in this Paragraph shall not be reimbursed.

2.3. Each purchasing and sales agreement concluded in the way referred to in Paragraph 2.1 shall be registered and stored in the database of the Shop.

3. Rights of the Buyer

3.1. The Buyer is entitled to make purchases in the Shop in accordance with the procedure set forth in these Terms.

3.2. The Buyer has the right to waive the purchasing and sales agreement concluded at the Shop and to return the goods to the Seller within 14 (fourteen) working days from the receipt of goods notifying the Buyer thereof in writing.

3.3. The Buyer may exercise the right stipulated in Paragraph 3.2 of the Terms only on condition that the goods were not damaged, their appearance did not materially change and they have not been in use. If the Seller can prove that the defects of goods appeared due to the Buyer’s breach of the rules for the use or storage of goods, such goods shall not be eligible for replacement, rectification of defects free of charge and refund of money.

4. Obligations of the Buyer

4.1. Before concluding the first purchasing and sales agreement at the Shop, the Buyer shall be obligated to register, i.e. provide to the Seller all the required information and accept the provisions of these Terms.

4.2. After concluding the purchasing and sales agreement, the Buyer shall be obligated to pay the price for the goods and their delivery indicated in the order formed at the Shop.

4.3. The Buyer shall not disclose his log-in information to third persons. If the Buyer loses his log-in information, he shall immediately inform the Seller thereof. The failure to fulfil this duty shall not release the Buyer from the obligation to duly fulfil all purchasing and sales agreements, and if the Seller sustains losses as a result of the failure by the Buyer to fulfil this duty, the Buyer shall be obligated to cover them entirely.

4.4. After noticing any damage to the packaging of the parcel or item or the item itself, inferior quality or delivery of goods different from what he ordered and willing to exercise the right provided for in Paragraph 3.2 of the Terms, the Buyer shall be obligated to notify the Seller thereof without any delay.

4.5. The Buyer shall be responsible for the correctness of data submitted in the registration form. The Buyer shall assume liability for the consequences arising due to incorrectness or inaccuracy of the data submitted in the registration form. If the information of the Buyer submitted in the registration form changes, the Buyer shall be obligated to update it without any delay.

5. Rights of the Seller

5.1. The Seller has the right to unilaterally change, revise or supplement the Terms at any time. The changes of the Terms come into force as of the moment of their publishing at the Shop and shall be applied to all purchasing and sales agreements concluded as of that moment.

5.2. If the Buyer tries to undermine the stability and security of the internet shop’s operations or breaches his obligations, the Seller shall be entitled to restrict, suspend or cancel the possibility for the Buyer to use the internet shop immediately and without any notification, and shall not be liable for any losses of the Buyer associated therewith.

5.3. If the Buyer fails to fulfil any of his obligations stipulated in these Terms, the Seller acquires the right to refuse to deliver the goods ordered by the Buyer and to unilaterally terminate the purchasing and sales agreement and to claim for damages that appeared due to inappropriate fulfilment of contractual obligations by the Buyer.

5.4. The Seller may temporarily suspend or cease the operation of the Shop altogether under reasonable circumstances, at any time and without notifying the Buyer.

6. Obligations of the Seller

6.1. The Seller shall enable the Buyer to use the services provided by the Shop under the terms and conditions established in these Terms. The Seller does not provide any guarantees that the Shop will operate incessantly or that the transmission of data will be without any errors. The Seller shall not be liable for any losses of the Buyer associated with the shutdowns of the Shop operation and/or errors in data transmission, which occurred through no fault of the Seller.  

6.2. The Seller shall respect the privacy of the Buyer, protect the personal information provided by the Buyer to the Seller in the registration form and not disclose it to third persons.

6.3. The Seller shall deliver the goods ordered by the Buyer at the indicated address in line with the terms and conditions stipulated in Paragraph 8 of the Terms.

6.4. If the goods ordered by the Buyer cannot be delivered due to important circumstances, the Seller undertakes to offer analogical goods or such that approximate them by their features as closely as possible. Should the Buyer refuse to accept the analogical goods or such that approximate them by their features as closely as possible, the Seller shall refund the money paid by the Buyer within 14 (fourteen) working days from the receipt of the refusal of the Buyer in writing.

6.5. If the Buyer exercises the right provided for in Paragraph 3.2 of these Terms and the condition provided in Paragraph 3.3 of the Terms is fulfilled, the Seller shall reimburse the money paid by the Buyer within 14 (fourteen) working days from the receipt of the returned goods.

7. Payment procedure

7.1 The Buyer may pay for the goods by prepayment using the electronic banking services via the payment system PAYSERA.COM/MOKEJIMAI.LT or PayPal, or WebMoney system. When using these methods to pay for the goods, the payment shall be generated for the Buyer in the electronic banking or PayPal system according to the order being paid by him.

7.2. The Buyer may prepay for the goods making a bank transfer to the accounts indicated by the Seller from any bank after logging in to the electronic banking system of his bank or directly in the divisions of the bank; in this case, the Buyer will have to enter the payment information himself. 

7.3. The Seller shall start fulfilling the order for the goods only after the Buyer has paid for the goods and their delivery, and the money has entered the account of the Seller with the bank. The invoice for the goods purchased by the Buyer will be stored under ‘My Account’ section.  

7.4. The time during which the Buyer must pay for the goods in his basket is not limited; however, if the Buyer does not pay immediately for the goods he put into his basket, the Seller shall not be responsible for the Buyer eventually being unable to purchase the goods placed in the basket earlier due to the change of stock in the Shop.

7.5. The Buyer shall pay for the order within 3 (three) working days from the order confirmation date. The parcel will be prepared only after the payment for the goods has been received.

7.6. Should the Buyer fail to make the payment within 3 (three) working days or remit only a part of the amount, the order shall be cancelled. If the payment is transferred to the payment accounts of the Seller, it will be remitted back to the Buyer within 7 (seven) working days.  

8. Delivery of goods

8.1. The goods ordered by the Buyer shall be sent by priority registered mail and delivered to the address indicated by the Buyer in the order. The Buyer shall pay for the delivery of goods to the address given by him.

8.2. Purchases shall be delivered to the Buyer as per terms indicated by the provider of postal services. These are tentative terms and the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances outside the control of the Seller.

8.3. The Buyer shall accept the purchases himself. In the case when he cannot accept the purchases himself and the goods were delivered to the indicated address and in line with other information given by the Buyer, the Buyer shall not have the right to make any claims to the Seller regarding the delivery of the goods to the wrong subject.

8.4. If the person accepting the goods notices in the course of acceptance that the packaging of the goods or the goods themselves are in any way damaged, or goods different from those ordered by the Buyer have been delivered, he must note this in the acceptance – conveyance document of the goods and, in the presence of the representative of the postal services’ provider, draw up an act of free form on the damage of goods or delivery of goods different from those ordered. Should the person accepting the goods fail to perform these acts, the Seller shall be released from any liability to the Buyer regarding the damages of goods, if these appeared not due production defects, or regarding the delivery of goods different from those ordered, which can be noticed when examining them at the time of acceptance and conveyance.

8.5. In the case when only the packaging of the parcel is damaged, however there are no non-compliances in the quantity, assortment and quality of the goods, the Buyer must comply with the purchasing and sales agreement. In this case the person accepting the goods must accept them and also note the damage of the packaging in the conveyance – acceptance document of the goods. If the person accepting the goods accepted them, signed in the conveyance and acceptance document and made a note that the goods were delivered in a damaged packaging, it shall be deemed that the goods were delivered in a damaged packaging, but the quality, assortment and quantity of the goods comply with the terms and conditions of the purchasing and sales agreement.

8.6. Should any deviations of the quantity and/or assortment and/or quality of goods be established, the person accepting the goods may refuse to accept the goods and make a note about the defects of goods in the conveyance and acceptance document of the goods. In this case it shall not be considered that the Buyer who refused to accept the goods due to their defects breached the purchasing and sales agreement in any way whatsoever, and the Seller shall separately agree with the Buyer on the further proper performance, amendment or termination of the purchasing and sales agreement. If the person accepting the goods accepts them and signs in the document of conveyance and acceptance of the goods without making any notes about possible defects thereof, it shall be deemed that the Seller fulfilled the purchasing and sales agreement properly and completely, and the conditions for the release of the Seller from the liability towards the Buyer shall be applied as indicated in Paragraph 8.4 of the Terms.

8.7. If the Buyer refuses to accept the ordered goods or it is impossible to deliver the goods to the Buyer due to his indicating an incorrect address of delivery when placing the order, the Buyer shall indemnify any losses sustained by the Seller associated with the performance of the purchasing and sales agreement.

8.8. In all cases the Seller shall be released from liability for the breach of the terms for the delivery of the goods, if the goods are not delivered or are delivered to the Buyer not on time through the fault of the Buyer or due to the circumstances within the control of the Buyer.  

8.9. The Seller shall not be liable for non-delivery or delayed delivery of the goods ordered by the Buyer, if this occurred through the fault of third persons or due to the circumstances that could not have been foreseen and controlled by the Seller at the time of the purchasing and sales agreement conclusion, and the Seller could not have prevented these circumstances or their consequences from occurring.

9. Return of goods

9.1. If the item purchased online is not what you expected and you would like to return or exchange it, you should inform the Seller about this within fourteen working days from its receipt by email info@dqstudio.eu. In your message, please indicate the order number and the item you would like to return or exchange.

9.2. We suggest to send the good(s) for return or exchange by registered mail (the post office will give you a parcel number for tracking to see when we receive the parcel and you will also be able to locate it, should it get lost), because you are the one responsible for the goods being returned.

9.3. If you are sending the goods from outside of European Union countries, you have to fill in a customs declaration (please inquire about this in your local post office). You should also write clearly on the outside of the package RETURN/EXCHANGE. This is for the UK customs, who otherwise may stop the parcel and impose import duties, which would create additional problems.

9.4. Import and customs duties, if any, are not refundable. Please contact directly your local customs or import office for more detailed information.

9.5. The Buyer shall bear the return shipping costs of the goods except in the cases indicated in Paragraph 9.7 of the Terms.

9.6. When returning the goods, the Buyer must observe the following conditions:

9.6.1. The returned goods must be placed in original packaging that must be in good order (not applicable when the goods were received in a damaged packaging) or otherwise safely packaged;

9.6.2. The goods must be in unused and undamaged condition, and their marketable appearance may not have changed;

9.6.3. A copy of the purchasing document (invoice) must be enclosed to the returned goods.

9.7. Shipping costs of the goods being returned will be covered by the Seller, if the return pertains to goods of inferior quality or goods different from what the customer ordered. Goods of inferior quality should be returned for exchange, and if the Seller does not have the required goods on stock, the Buyer shall be issued a refund.

9.8. Money for the goods returned shall be refunded by payment order to the banking account of the Buyer. In the case when the Buyer and the payer are different persons, the money for the goods returned shall be paid to the banking account of the person who paid for the goods.

9.9. If the Buyer waives the purchasing and sales agreement of the goods invoking the right stipulated in Paragraph 3.2 of the Terms, the goods shall be returned at the expense of the Buyer, and the money paid by the Buyer for the goods will be refunded to the Buyer within fourteen working days from the return of the goods to the Seller.  

9.10. The Seller shall have the right not to accept the goods returned by the Buyer if he does not observe the return procedure established in these Terms.

9.11. If the Buyer in any way breaches any condition(s) indicated in the section of these Terms pertaining to the return of the goods, the Seller shall have the right not to agree with the wish of the Buyer to terminate the purchasing and sales agreement and not to accept the goods returned by the Buyer.  

9.12. Clearance items, special order items or items cut to size or made to measure (cut fabric lengths, sewing materials, accessories, adornments, clothes, shoes etc) cannot be returned for refund or exchange!

9.13. DANCING QUEEN STUDIO shall not be responsible for any packages lost by the Royal Mail or other shippers, delay in delivery or non-delivery to us for any other reason.

10. Quality of goods and guarantees

10.1. Features of all goods sold at the Shop are specified in the description accompanying each item.

10.2. DANCING QUEEN STUDIO does not guarantee that colours will be identical to those shown in the catalogue or website. Insignificant differences of colours are possible due to differences of lots being dyed and settings of the monitor used by the Buyer.  

10.3. The guarantee period issued by the Seller is 14 days.

10.4. In cases when the Seller does not provide a quality guarantee to certain types of goods, the guarantee stipulated by the appropriate legal acts shall apply.

10.5. The Seller cannot guarantee that the goods will arrive in time for your next competition due to problems with stock in the warehouse, customs, delivery etc. We insist that you should contact us by email info@dqstudio.eu before important competitions and specify the terms of order.

10.6. No guarantee will be provided unless a document corroborating the purchase has been produced.

11. Acknowledgement

All trademarks are the properties of their respective owners and are acknowledged.

12. Security guarantee

12.1. The Seller will make sure that your personal information will be safe and managed using secure measures protecting the information from illegal destruction, disclosure or other illegal acts.

12.2. Personal information of the Buyer (email address) may be used for direct marketing purposes (sending of newsletters) only after obtaining the consent of the Buyer (he has the right to withhold it). The Buyer shall confirm his consent by entering his email address in the newsletter order form or marking in the form that he agrees to receive the newsletters from the Shop. The Buyer will always have the possibility to withdraw this consent in line with the instructions given in the newsletter.

12.3. Cookies are small data files temporarily stored on the hard disk of your computer enabling you to form your shopping basket. Cookies do not allow saving personal information (such as individual’s name and address). In websites, cookies are used to record the statistics such as the number and flow of visits in the website. This kind of information is never linked with personal information. Using your browser settings, you can delete or block these cookies, but in this case a part of the website will not be operative.

12.4. The Buyer shall pay for the goods at the Shop via secure payment partners Mokėjimai.lt, PayPal, or by a bank transfer. Please be informed that the payment for the goods is made not at the Shop, but in the electronic banking system, secure bank server, after entering in the system the passwords and other information known to you only. Paying by credit card, you do not leave your information with us either, because you are redirected to make the payment operations to the secure server of certified service providers; thus your confidential information is not accessible to the Seller. In all cases of redirection, a secure  SSL (Secure Socket Layer) protocol and 128 bit encryption is used to transmit your data. If your bank data is somehow used by unauthorised persons, the majority of banks in such cases assume complete responsibility and indemnify the losses. 

13. Final provisions

13.1. The Seller shall send all notifications to the email address given by the Buyer in the registration form.

13.2. The Buyer shall send all notifications and questions to the address indicated in the contact information of the electronic Shop of the Seller.

13.3. All disputes, controversies and claims between the Buyer and the Seller, arising from this agreement or associated therewith, shall be examined and solved in negotiations. The beginning of the negotiations shall be the address of one Party in writing to the other party, indicating the subject of dispute, guilty acts of the Party breaching the rights of the other Party, and the way and terms for the elimination of breaches.

13.4. This contract shall be enforceable by the laws of UK and will be settled as such in the courts of UK.