Rules for ordering and providing services in the e-shop of PLLC "Sapiegos clinic"

1. GENERAL PROVISIONS

1.1. The Rules for ordering services to UAB Sapiegos clinic, legal entity code 303433522, address V. Grybo str. 17, Vilnius (hereinafter referred to as the Service Provider), in the e-shop https://sapiegosklinika.lt/ (hereinafter referred to as the “E-Shop”) (hereinafter referred to as the “Rules”) are a legal document binding on the Parties, establishing the rights, obligations of the Service Provider and the person (hereinafter referred to as the Service Receiver) ordering distance health care services and remote consultations (hereinafter referred to as the Services) and  liability when the Service Receiver remotely orders in the E-shop and the Service Provider remotely provides the ordered Services.

1.2. The Service Provider shall only provide remote Services by means of information and electronic communication technologies that are capable of identifying a person. Specifically, the Service Provider shall provide the Remote Services to the telephone number provided by the Service User

1.3. The Service Provider has the right to update the Terms and Conditions at any time, taking into account the needs of the Service Provider and the statutory requirements. The Service Provider shall inform the Service Recipient of any update to the Terms and Conditions in a clear and prominent manner by displaying the updated Terms and Conditions in the Service Provider’s Online Shop. The Service Recipient shall read the Terms on a case-by-case basis before subscribing to the Services. The version of the Terms in force at the time of ordering the Services shall apply to the Service User.

1.4. You have the right to order services in the E-shop of the Service Provider only:

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

1.4.2. legal entities.

1.5. The Agreement between the Service Recipient and the Service Provider shall be concluded in electronic form remotely. The Agreement between the Service Receiver and the Service Provider shall be considered concluded from the moment when the Service Receiver, having formed a basket of desired Services in the E-shop, confirming that he is familiar with the Rules and the Privacy Policy, clicks on the “Payment” button and actually pays the advance invoice for the ordered Services. The Service shall be deemed to have been paid for when the Service Receiver receives confirmation to his/her e-mail address.

2. RIGHTS AND OBLIGATIONS OF THE SERVICE RECIPIENT

2.1 The Service Recipient is entitled to order the Services in accordance with the terms and conditions set out in the Terms and Conditions of the Service Provider’s Online Shop and Privacy Policy.

2.2 The Service Recipient is entitled to receive quality Services from the Service Provider.

2.3 The service recipient has the right to receive information about his/her health condition in a language he/she understands;

2.4 The Service Recipient shall, at the time of the provision of the Services, provide the Service Provider with full and complete information, to the best of the Service Recipient’s knowledge, about his/her state of health, past and present illnesses, allergic reactions, medications and other circumstances that may affect the provision of the Services. He/she shall also comply with the instructions of the Service Provider’s professionals and staff.

2.5 If the Service Recipient does not select a health care professional, the Services will be provided by a health care professional selected at the discretion of the Service Provider.

2.6 The Services may be provided to the Service Recipient by a health care professional other than the Service Recipient’s chosen health care professional if the Service Recipient’s chosen health care professional is unable to provide the Services at the time desired by the Service Recipient and the Service Recipient has been informed of this.

2.7 The Service Recipient must inform the Service Provider if he/she is unable to attend the service at the appointed time.

2.8 The Service Recipient shall have the right to unilaterally terminate the contract between the Parties within 14 calendar days if the Service Provider has not yet commenced the provision of the Services.

2.9. By entering into this Agreement, the Service Recipient confirms that it has read and accepts the Service Provider’s internal rules of procedure.

2.10. The Service Recipient shall maintain the accuracy of his/her personal data and, in the event of a change in the personal data provided by the Service Recipient in the registration form, the Service Recipient shall update it without delay. If the Service User’s data has not been updated and this has caused damage to the Service Recipient, the Service Provider shall not be held liable for this damage.

2.11. The Service Recipient undertakes to keep his/her login personal data secure and not to disclose these data to any third party. If the Service Recipient loses his/her login data, he/she must immediately inform the Service Provider by the means of contact indicated in the “Contact” section. The Service Provider shall not be liable for any damages resulting from the loss of the Service Recipient’s login data.

2.12. The Service Recipient shall be obliged to pay for the Services provided to him/her in due and timely manner.

2.13. By using the Service Provider’s Online Shop, the Service User agrees to the Terms and Conditions, the Privacy Policy, and undertakes to comply with them and not to violate them and the legislation of the Republic of Lithuania.

3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

3.1 The Service Provider undertakes to provide quality Services in a language that the Service Recipient understands.

3.2 The Service Provider undertakes to respect and ensure the Service Recipient’s right to privacy and the protection of personal data, to treat all information received as confidential and to process the personal data received only in accordance with the procedures set out in the Privacy Policy and the applicable personal data protection laws.

3.3 The Service Provider undertakes to provide all the conditions for the proper use of the Services provided in the Online Shop by the Service Recipient, but the Service Provider shall not be liable for any disruption of the Online Shop caused by any fault beyond the Service Provider’s control.

3.4 If the Service Recipient attempts to undermine the stability and security of the Service Provider’s Online Shop or violates its obligations, the Service Provider shall have the right to restrict or suspend the Service Recipient’s access to the Online Shop or, in exceptional cases, to terminate the Service Recipient’s registration immediately without notice.

3.5 The Service Provider shall be entitled to receive payment for the Services in due and timely manner.

3.6 The Service Provider shall have the right to obtain true, accurate and up-to-date personal data of the Service User necessary for the conclusion and proper performance of the contract between the Parties.

4. ORDER AND PAYMENT OF SERVICES

4.1 The Service Recipient may order the Services 24 hours a day, seven days a week in the Online Shop, but the Service Provider shall not be liable for any inactivity or temporary malfunction of the Online Shop due to the fault of third parties and/or for reasons beyond the control of the Service Provider.

4.2 The contract concluded remotely between the Service User and the Service Provider shall become effective from the moment the Service User actually pays for the Services by clicking on the “Payment” button. The Service shall be deemed to be paid when the Service User receives a confirmation to his/her email address. Once the Services have been ordered and paid for, the Service Provider will contact the Service Recipient within 1 hour on the telephone number provided by the Service Recipient in order to arrange the provision of the Services ordered;

4.3. the Services shall be provided on working days from 9.00 a.m. to 7.00 p.m.

4.4 Subject to paragraph 4.2 of the Terms and Conditions, the Services shall not be commenced until the Service Recipient has provided the consents required by law for the Service Recipient to commence the provision of the Services. The Service Recipient undertakes to obtain all necessary consents and/or authorisations.

4.5 The final prices of the Services in the Online Shop and in the order placed shall be in Euros.

4.6 The Service Provider shall pay for the Services by electronic banking and by transfer to the account specified by the Service Provider. In order to use electronic banking, the Service Recipient must have an electronic banking agreement with any bank or other company providing electronic payment services. The payment for the Services shall be made by the Service Recipient to the Service Provider’s current account. In this case, the responsibility for data security rests with the respective bank or other electronic payment service provider.

5. PROCEDURE FOR THE PROVISION OF SERVICES

5.1 The Services purchased by the Service Recipient shall be valid for a period of 6 (six) months from the date of payment for the Services.

5.2 The Service may be withheld if, prior to the commencement of the Service, reasons are identified why the Service cannot be provided. In this case, the Service Recipient may choose another Service provided by the Service Provider for the amount of money paid or apply in writing for a refund of the money paid.

5.3 At the commencement of the provision of the Services, the relevant specialist of the Service Provider shall first ascertain the subjective state of health of the Service Recipient (based on the data provided by the Service Recipient) and decide on the further provision of the Services.

5.4 If the Service Provider, having ascertained the subjective health condition of the Service Recipient, and having evaluated the information and data provided by the Service Recipient, decides that the veracity of the health data provided by the Service Recipient cannot be ascertained and/or the data on the health condition of the Service Recipient is insufficient and/or the health condition of the Service Recipient cannot be remotely assessed without examination or additional tests, the Service Recipient shall be offered to register for a consultation in the usual manner;

5.5 The Service Recipient understands and agrees that the Service shall be deemed to have been properly rendered from the moment the Service Provider, having assessed the Service Recipient’s condition, makes a reasonable decision, whatever it may be: to prescribe treatment, to refer the Service Recipient for a consultation with another specialist, to recommend that the Service Recipient attend for a routine consultation etc. For example, if it is decided that the Service Recipient should be registered for a routine consultation, the Service (teleconsultation) in which the decision on the necessity of a routine consultation has been made after assessing the Service Recipient’s condition shall be deemed to have been provided to the Service Recipient in an appropriate and quality manner, to which the Service Recipient agrees and has no objection.

5.6 The Service User understands that if the Service Provider decides that the Service User should be provided with a routine consultation, the Service Provider will be liable to reimburse the Service User for such consultation at the then prevailing rates.

5.7 In all cases, the Service Provider shall be exempt from liability for breach of the time limits for the provision of the Service if the Services are not provided to the Service Recipient or are not provided in a timely manner due to the fault of the Service Recipient or due to circumstances beyond the Service Recipient’s control.

6. CANCELLATION AND REFUND

6.1 The Service Recipient shall have the right to unilaterally terminate the Contract between the Parties within 14 calendar days from the moment of conclusion of the Contract and to recover the money paid, if the Service Provider has not yet started to provide the Services. In the event that the Service Recipient wishes to terminate the Contract but the Service Provider has already commenced the performance of the Services, the money paid by the Service Recipient for the Services shall not be refunded.

6.2 The latest date of cancellation is 5 (five) Business Days before the commencement of the provision of the Service. Thereafter, no refunds shall be made. Withdrawal from the Service may be made by the means of contact specified in the “Contact Us” section of these Terms. Cancellation of the Service shall be formalised by a written request for a refund. Refunds shall be made by bank transfer to the bank account specified by the Service Recipient no later than 14 calendar days from the date of receipt of the refund request. If the Service Recipient chooses a new Service which is cheaper than the one purchased, the price difference shall be refunded in accordance with the procedure set out in this Clause. If the Service Recipient chooses a more expensive Service than the one purchased, the Service Recipient shall pay the difference by bank transfer.

6.3 If the Service Recipient does not use the purchased Service within 6 (six) months, the Service shall be deemed cancelled. In this case, no refund shall be made to the Service Recipient for the Services purchased.

7. RESPONSIBILITIES OF THE RECIPIENT AND THE SERVICE PROVIDER

7.1 The Service Recipient is fully responsible for the accuracy of the personal data provided by the Service Recipient. If the Service Recipient fails to provide accurate personal data to the Service Provider, the Service Provider shall not be liable for the consequences thereof and shall be entitled to claim direct damages from the Service Recipient.

7.2 The Service Recipient shall be liable for any actions taken through the Service Provider’s Online Shop that are contrary to these Terms and Conditions, the Privacy Policy and the law.

7.3 If the services provided by the Online Shop are used by a third party who has logged into the Online Shop using the Service Recipient’s login credentials, the Service Provider shall be deemed to be the Service Recipient.

7.4 The Service Provider shall not be deemed to be at fault and shall be exempt from any liability in cases where the loss is caused by the Service Recipient’s failure to familiarize himself with these Terms and Conditions and/or acting in breach of any other requirements as referred to in paragraph 6.2 of the Terms and Conditions, notwithstanding the stated obligation.

7.5 The Service Provider shall not be deemed to be at fault or liable as referred to in paragraphs 2.7, 3.3, 4.1, 5.7 of the Terms and Conditions.

7.6 In the event of damage caused by the wrongful act or omission of one of the Parties, the Party at fault shall indemnify the other Party only for direct losses.

8. PERSONAL DATA PROTECTION

8.1 The Service Recipient may order the Services in the Online Shop by registering in the Online Shop, i.e. by entering the Service Recipient’s personal data requested in the registration.

8.2 When ordering the Services, the Service Recipient shall specify the Service Recipient’s personal data necessary for the proper execution of the order of the Services in the relevant information fields provided by the Service Recipient: name, surname, personal identification number, address, contact telephone number and e-mail address;

8.3. the Service Recipient is informed that the Service Recipient’s personal data will only be processed for the purpose of concluding and executing the Service Agreement. The Service User is informed that for the purpose of the proper conclusion and performance of the Contract, the Service Provider will use the Service User’s telephone number and e-mail address to send the information messages necessary for the conclusion and performance of the Contract.

8.4 By entering into a Service Agreement with the Service Provider, the Service Recipient confirms that he/she has read the Privacy Policy adopted by the Service Provider and agrees to the processing of the Service Recipient’s personal data in accordance with the terms and conditions set out in the Service Recipient Privacy Policy.

8.5 The Service Recipient shall ensure the implementation of the obligations set out in paragraphs 2.8, 5.3 of the Terms and Conditions.

9. DIRECT MARKETING

9.1 The Service Provider may, at its sole discretion, initiate various promotions in the Online Shop.

9.2 The Service Provider has the right to unilaterally change the terms and conditions of the promotions, as well as to cancel them, without prior notice, and the Service Recipient must always familiarize himself with the terms and conditions of the promotions and their validity. Any modification or cancellation of the terms and conditions of the Promotion shall be effective only prospectively, i.e. as from the moment of its execution.

10. COMMUNICATION BETWEEN THE PARTIES

10.1 The Service Recipient shall send all communications and enquiries to the contacts indicated by the Service Provider: by email to [email protected] and/or by telephone – +370 655 50 200;

10.2 The Service Provider shall not be deemed to be at fault if the Service Recipient does not receive the information or confirmation messages sent due to disruptions in the Internet connection, failures in the networks of the email service providers, inappropriate settings or other acts or omissions of third parties.

11. FINAL PROVISIONS

11.1 These Terms and Conditions are made in accordance with and subject to the legislation of the Republic of Lithuania.

11.2 All disputes arising from the improper performance and non-performance of the Terms and Conditions shall be settled by negotiation between the Parties. In the event that the Parties are unable to reach an amicable agreement, disputes shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania.