Terms and conditions

OVERVIEW

Rules for the purchase and sale of goods in the online store www.cityrush.lt

SECTION 1 - ONLINE STORE TERMS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1.3.1. natural persons with legal capacity, i.e. persons who have reached the age of majority and whose capacity has not been restricted by a court;

1.3.2. minors between 14 and 18 years of age, only with the consent of their parents or guardians, except in cases where they independently dispose of their own income;

1.3.3. legal persons;

1.3.4. authorised representatives of all the persons listed above.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

SECTION 2 - GENERAL CONDITIONS

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement. In no case shall UAB Londesa company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless UAB Londesa company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at

Our contact information is posted below:

4.4. By consenting to the processing of their personal data for the purpose of selling goods and services in the Seller’s online store, the Buyer also consents to receiving, at the email address and telephone number provided, the informational messages necessary to fulfil the order.

4.5. A Buyer who does not wish their email address to be processed for direct marketing purposes must notify the Seller by email at info@cityrush.lt.

4.6. The Seller undertakes not to disclose the Buyer’s personal data to third parties, except to the Seller’s partners providing delivery or other services related to the proper fulfilment of the Buyer’s order. In all other cases, the Buyer’s personal data may be disclosed to third parties only in accordance with the procedure laid down by the legislation of the Republic of Lithuania.

4.7. An identity document presented by the Buyer to an employee of the Seller, and the Buyer’s data contained in it, are used solely for the proper identification of the person.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

5.1. The Seller has the right to change or suspend the functions of the website www.cityrush.lt, to change the arrangement of elements on the website, and to discontinue the operation of certain website functions.

5.2. The Seller has the right to change the scope or manner in which the services provided in the online store www.cityrush.lt are delivered, to suspend or discontinue the provision of the services or any part of them, and to charge for the services or any part of them.

5.3. If the Buyer attempts to harm the stability and security of the website www.cityrush.lt or fails to perform their obligations, the Seller has the right to restrict or suspend the Buyer’s access to the website www.cityrush.lt immediately and without prior notice.

5.4. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, having chosen the agreed payment method, does not pay for the goods.

5.5. Where the Buyer chooses to pay in cash upon delivery of the goods, the Seller has the right, in the event of any uncertainty regarding the information provided in the order, to contact the Buyer at the email address or telephone number given in the order. In that case the delivery period starts from the day on which contact was made with the Buyer. The Seller has the right to cancel the order without prior notice if the Seller is unable to reach the Buyer.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1. The Seller undertakes to enable the Buyer to use the services provided by the online store under the conditions set out in these Rules and in the online store.

6.2. The Seller undertakes to deliver the goods ordered by the Buyer to the address and on the date specified by the Buyer.

6.3. If, due to significant circumstances, the Seller is unable to deliver the goods ordered by the Buyer, the Seller undertakes to refund the money paid, provided that payment was made in advance.

6.4. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions set out in these Rules.

SECTION 7 - OPTIONAL TOOLS

7.1. Prices of goods in the online store and in the completed order are stated in euros, including the rate of VAT applicable under the law at that time.

7.2. The Buyer may pay for the ordered goods in one of the following ways:

7.2.1. by online banking;

7.2.2. by bank transfer;

7.2.3. in cash upon delivery of the goods on the first day of the order.

7.3. By confirming these Rules, the Buyer agrees that the purchase documents – VAT invoices – may be provided electronically to the email address given in the Buyer’s registration form.

7.4. The Buyer and the Seller agree that after the Buyer has placed an order and the Seller has confirmed it, the price of the goods may change in view of objective factors affecting that price, such as a technical error in the information systems and additional costs related to the sale of the goods to the Buyer. If in such a case the Buyer does not agree to purchase the goods at the new price, the Buyer has the right to terminate the contract with the Seller by notifying them by email at info@cityrush.lt. The parties agree that costs related to the termination of the purchase and sale contract are not reimbursed to the Buyer.

SECTION 8 - PERSONAL INFORMATION

8.1. When ordering goods, the Buyer may choose the method of delivery.

8.2. The delivery terms and charges are set out on the website www.cityrush.lt. Clicking the “Order” button means that the Buyer has read and accepts the delivery terms and charges.

8.3. Delivery of goods to the Buyer:

8.3.1. A Buyer who has selected the delivery service when placing the order undertakes to state the exact place of delivery.

8.3.2. The Buyer undertakes to accept the goods in person. Where the Buyer is unable to accept the goods in person and the goods have been delivered to the address given and on the basis of the other details provided by the Buyer, the Buyer has no right to bring claims against the Seller regarding delivery of the goods to the wrong person.

8.3.3. The Buyer agrees that in exceptional cases delivery of the goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In such a case the Seller undertakes to contact the Buyer without delay and agree on the terms of delivery.

8.3.4. In all cases the Seller is released from liability for a breach of the delivery deadlines if the goods are not delivered to the Buyer, or are delivered late, through the fault of third parties or due to circumstances attributable to the Buyer.

8.3.5. The goods are delivered by the Seller or their authorised representative.

8.4. Upon delivery of the goods, the Buyer must, together with the Seller or their authorised representative, inspect the condition of the consignment and of the goods and sign the delivery and acceptance document. Once the Buyer has signed the delivery and acceptance document, the consignment is deemed to have been handed over in proper condition, with no damage to the goods other than damage caused by a manufacturing defect, and with no discrepancies in the composition of the goods (of the kind that can be established by an external inspection). If the Buyer notices that the packaging of the consignment is damaged, that the goods are damaged and/or that the composition of the goods is incorrect, the Buyer must note this in the delivery and acceptance document and, in the presence of the Seller or their representative, draw up a free-form report on the damage to or discrepancies in the consignment and/or goods. If the Buyer fails to take these steps, the Seller is released from liability for damage to the goods, where the cause of such damage is not a manufacturing defect, and for discrepancies in the composition of the goods, where those discrepancies can be established by an external inspection.

8.5. The Buyer has no right to bring any claims against the Seller, and the Seller is not liable to the Buyer:

8.5.1. if the Buyer gave an incorrect delivery address for the ordered food;

8.5.2. if the Buyer gave an incorrect telephone number;

8.5.3. if the Buyer gave an incorrect preferred delivery time for the ordered food;

8.5.4. if the Buyer did not accept the ordered food for reasons not attributable to the Seller (did not open the door, did not answer the phone, etc.);

8.5.5. if the Buyer does not pay the Seller for the ordered food or refuses to pay for the ordered food without objective grounds;

8.5.6. for technical faults, outages or other kinds of disruption of the website www.cityrush.lt;

8.5.7. for faults, outages or other kinds of disruption of online banking;

8.5.8. The Seller has the right not to hand over the ordered food to the Buyer if any one of the conditions set out in clauses 8.5.1–8.5.7 of these Rules applies.

8.6. If the Buyer does not collect the goods within the set period or the goods cannot be handed over to the Buyer, and the Buyer has paid for the goods, representatives will contact the Buyer to agree on another delivery time and/or method. If the Buyer still does not collect the goods or they cannot be handed over, the goods are returned to the Seller and the order is cancelled. The money paid by the Buyer is not refunded.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

9.1. For different types of goods the Seller provides a quality guarantee valid for a certain period; the specific term and other conditions are stated in the descriptions of those goods.

9.2. The Seller is not liable for the fact that the goods shown in the online store may differ in size, shape, colour or other parameters from the actual size, shape, colour or other parameters of the goods because of the technical characteristics of the electronic device used by the Buyer.

9.3. Because of the specifics of food packaging and containers, the ordered food delivered to the Buyer may look different from the photographs of the dishes shown in the menu on the website.

SECTION 10 - PROHIBITED USES

10.1. If the Buyer has purchased goods of inadequate quality, or the inadequate quality of the goods manifests itself as a manufacturing defect that existed at the time of purchase or as a failure to meet the manufacturer’s specifications, the Buyer must return the goods and may, at their own choice, demand:

10.1.1. that the goods be replaced with equivalent goods of adequate quality, except where the defects are minor or arose through the Buyer’s fault;

10.1.2. that the purchase price be reduced accordingly;

10.1.3. that the Seller remedy the defects of the goods free of charge within a reasonable period, or reimburse the Buyer’s costs of remedying them, where the defects can be remedied;

10.1.4. The Buyer may choose only one of the available remedies. The Buyer must state their choice when returning the goods. If the Buyer chooses the remedy set out in clause 10.1.2 and the Seller is unable to provide it, the Seller shall offer an alternative remedy under clause 10.1. The Buyer has no right to change the remedy once chosen.

10.2. To return goods, the Buyer must comply with the following conditions:

10.2.1. notify the Seller by email at info@cityrush.lt; the notice must specify the goods being returned;

10.2.2. provide the document of purchase;

10.2.3. submit a free-form request.

10.2.4. The Buyer may exercise the right to return goods that do not meet quality requirements within 1 (one) working day of the date of delivery or collection of the goods.

10.2.5. All free gifts supplied together with the purchased goods must be returned at the same time.

10.2.6. The Seller has the right to refuse goods returned by the Buyer if the Buyer does not follow the return procedure set out in these Rules.

10.2.7. The goods must be returned to the Seller at the address stated by the Seller in the email sent to the Buyer confirming the return of the goods.

10.2.8. The money is refunded to the Buyer within 10 (ten) working days after the Seller receives the goods.

10.2.9. No refund is given for goods that were damaged intentionally or through negligence (exposed to open flame, high temperature, sharp objects, chemicals, water, etc.), or where the rules for using or storing the goods were breached, or where the goods were used improperly or for a purpose other than intended.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

11.1. The Buyer is fully responsible for the accuracy of the personal data they provide. If the Buyer provides incorrect or inaccurate personal data, the Seller is not liable for the resulting consequences and acquires the right to claim compensation from the Buyer for the direct losses incurred.

11.2. The Buyer is responsible for the actions taken while using the online store.

11.3. A registered Buyer is responsible for keeping their login details safe and/or for passing them on to third parties. If the services provided at www.cityrush.lt are used by a third party who has logged in to the online store using the Buyer’s login details, the Seller shall treat that person as the Buyer.

11.4. The Seller is released from all liability in cases where losses arise because the Buyer, disregarding the Seller’s recommendations and their own obligations, did not read these Rules even though they had the opportunity to do so.

11.5. Where the Seller’s online store contains links to third-party websites, the Seller does not guarantee that the information that can be viewed by following those links is correct, complete or accurate. Third parties are responsible for the content of the information they provide and for its correctness, completeness and accuracy. The Seller is not obliged to check external information that is transmitted or stored, or to identify unlawful acts.

12. Rules for using discount codes

12.1. A discount code is a special combination of letters and/or numbers that allows goods/services available in the online store at www.cityrush.lt to be purchased at a lower price.

12.2. The discount code is sent to the buyer’s email address, published on the www.cityrush.lt website, or distributed through other marketing channels while Cityrush is running an advertising campaign, under the terms of that campaign.

12.3. Cityrush sets the validity period of each discount code. Discount codes may have a limited validity period, which may be stated together with the code that is sent or displayed.

12.4. Cityrush reserves the right to change the validity period of a discount in view of the results of the relevant campaign, by shortening or extending that period.

12.5. A discount code may be subject to a minimum order value requirement. In that case the discount code will apply only to orders of the set value or higher. This value may differ each time and is stated in or next to the discount code.

12.6. The value of each discount code is set by Cityrush. The value of a discount code is shown in or next to the code itself.

12.7. A discount code grants a discount of a certain percentage. The Buyer has the right to use a discount code. Using a discount code is not mandatory.

12.8. A discount code may be applied to some of the services/goods available in the online store. A discount code is not valid when placing an Individual order or purchasing a Gift voucher.

12.9. Under the terms of the relevant campaign, Cityrush reserves the right to make a discount code valid only for purchases of services/goods in the online store at www.cityrush.lt. In that case the discount code will not apply to orders placed or extended by email, by telephone, via social networks or by other means of communication.

12.10. Discount codes cannot be combined. Only one discount code may be used per purchase.

12.11. Only a discount code or a gift voucher code may be used per purchase.

12.12. If the full amount stated in the discount code/gift voucher code is not used, the difference is not refunded.

12.13. Discount codes cannot be exchanged for money.

SECTION 12 - INDEMNIFICATION

13.1. The Seller has the right to amend and supplement these Rules. Each time before using the food ordering service, the Buyer must read the Rules and confirm that they agree to comply with them. If the Buyer has started filling in the order form, the Buyer is deemed to have agreed to all of the Food Ordering Rules. The Seller assumes no liability if the Buyer placed an order without having read these Rules or any part of them.

13.2 Only Buyers as defined in clause 1.3 of these Rules have the right to make purchases in the online store www.cityrush.lt. By confirming these Rules, the Buyer confirms that they have the right to purchase goods in the online store www.cityrush.lt.

13.3. These Rules have been drawn up in accordance with the legislation of the Republic of Lithuania. The law of the Republic of Lithuania applies to the relations arising on the basis of these Rules.

13.4. All disagreements arising over the performance of these Rules shall be settled by negotiation. If no agreement is reached within 30 (thirty) calendar days, disputes shall be settled in accordance with the procedure laid down by the legislation of the Republic of Lithuania.

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