Terms & Conditions

Welcome to the website of VYSHNIAUSKAS .

By accessing this website, any person purchasing goods or services through this web portal shall be subject to the Terms and Conditions that regulate the use of the virtual space provided by the platform.  www.vyshniauskas.com . Users will be able to purchase products and services displayed on the website, operating the platform as a way for consumers and sellers to meet.

These terms of service apply to all users of the site, including but not limited to users. Please read these terms of service carefully before accessing or using our website. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

I - GENERAL INFORMATION 

The present general conditions of use regulate the terms and conditions of access and use of www.vyshniauskas.com , owned by VAVYMA S.A.S., domiciled in the city of Barranquilla, Colombia, and with Tax Identification Number - Nit # 901.406.182.-4.

Contact: If you have any doubts, questions or suggestions, please contact us at our e-mail address info@vyshniauskas.com .

II - TERMS AND USE OF WEB SITE

The user of the site must read and accept to use all the services and information provided from the website.   The mere access and/or use of the site, of all or part of its contents and/or services means the full acceptance of these general conditions of use.

• You must be at least 18 years of age to use this site. By using this site and agreeing to the terms and conditions, you warrant and represent that you are at least 18 years of age.
• Refrain from disseminating content or propaganda of a racist, xenophobic, pornographic, illegal, terrorist or human rights nature.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate the laws of your jurisdiction (including but not limited to copyright laws).
• You must not transmit viruses or any code of a destructive nature. A breach or violation of any of these terms will result in termination of your services.
• The website, and all of its material including text, images, illustrations, designs, icons, photos, video clips, audio clips, other content and other intellectual property (the "content") are controlled, licensed and owned by VYSHNIAUSKAS and its affiliates. The site and its content is for personal use only, you may not reproduce, publish, distribute, modify or create derivative works to sell or exploit in any way the contents or the website.

VYSHNIAUSKAS reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, VYSHNIAUSKAS shall not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

By using this website, you agree that the exclusions and limitations of liability set forth herein are reasonable. If you consider them to be unreasonable, you should not use this website.

III – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or any contact on our website: www.vyshniauskas.com through which the service is provided, without our express written permission. The headings used in this agreement are for convenience only and shall not limit or affect these Terms.

All trademarks, emblems, logos, names, computer, graphic, advertising, photographic, multimedia, audiovisual and/or design material, as well as all contents, texts, databases and any other distinctive signs, made available on this site, as well as utility models and/or industrial designs and other elements of industrial or intellectual property inserted, used and/or displayed on this site are the exclusive property of VYSHNIAUSKAS.

The use or browsing through our website, only grants the customer a personal, non-transferable and non-exclusive right to deploy www.vyshniauskas.com on the screen of a computer or PDA device under your control, and to copy the proprietary contents of VYSHNIAUSKASThe contents of this web site are for personal, non-commercial use only, provided that the customer does not modify the contents in any way and that the customer retains all copyright and other proprietary legends contained therein. The authorization herein conferred shall in no case be understood as a concession or grant of any authorization, license or any other right to use or dispose of the industrial property in any way, without the written permission of VYSHNIAUSKAS or the holder of the rights thereto.

All the contents of this website are protected by Industrial Property and Copyright regulations, as well as by all applicable national and international regulations. Any act of copying, reproduction, modification, creation of derivative works, sale or distribution, exhibition of the contents, in any way or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or any other means, is prohibited without the prior written permission of VYSHNIAUSKAS. Any unauthorized use shall constitute a violation of these terms and conditions and of applicable national and international industrial property and/or copyright laws.

IV - INTEGRITY, ACCURACY AND TIMELINESS OF INFORMATION

We are not responsible if the information 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 is not necessarily current and is provided for your reference only.

V - REGISTRATION

Through VYSHNIAUSKAS, the USER will be able to acquire the products and services displayed. Therefore, the USER must comply with the following:

• If the USER decides to purchase any of the products and services mentioned on the website, he/she may do so through the payment gateway available, for this, it will be necessary to provide personal information, such as, citizenship card number, address where you receive invoices, telephone and address to which you want your products to be sent, among other data, along with your financial information for the respective payment.
• In the event that the USER Register in the website, it must follow the steps indicated, providing your personal data that allow your identification. Once completed, a secret password will be assigned, which will allow access to your profile. The USER shall be responsible for the reservation and administration of this secret password.
• The USER by entering his/her personal data declares under oath that such data is truthful and current.
• The information provided by the USER through the aforementioned means must be accurate, correct and true. Likewise, the latter undertakes to VYSHNIAUSKAS to notify any change or variation in the same. The USER shall be solely responsible for any damage caused by providing false or incorrect information.
• The user name and password are personal and non-transferable. The assignment, loan or transfer of the user name and password is strictly prohibited. The USERS will be solely responsible for the confidentiality and the use they make of their username and password. VYSHNIAUSKAS shall not be liable for any damages caused by or related to the theft and/or improper use of the user name and/or password.
• The USER is obliged to notify immediately through the means and addresses offered by VYSHNIAUSKAS, with respect to any unauthorized use of your user name, password or any other product related to the website or with VYSHNIAUSKAS. VYSHNIAUSKAS reserves the right to reject any application for registration or to cancel an existing registration.
• At any time and for any reason the USER may deactivate his/her account by logging in and selecting the option "deactivate my account". VYSHNIAUSKAS reserves the right to terminate the account of any user who violates the Terms and Conditions of Use.

 VI- MODIFICATIONS TO THE SERVICE AND PRICES

VYSHNIAUSKAS reserves the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

Prices of our products are subject to change without notice. We will not be liable to you or any third party for any modification, price change, suspension or interruption of service. The applicable prices are those indicated on the website on the day of your order, which are listed under each item. Once the order is completed and before making the payment, you will have a preview identifying the items purchased and the final price. The final price may vary due to the Terms and Conditions of the payment platform, and intermediaries involved in processing your payment or the postal service. You as a user agree and acknowledge that VYSHNIAUSKAS is not responsible for variations caused as a result of precedents. In any case, it is recommended that you periodically consult these terms of use, as they may be modified.

VII - PRODUCTS OR SERVICES

Certain products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that the display of any color on your computer monitor will be accurate. If you have any doubt about the color of any item please contact us at our email address info@vyshniauskas.com 

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in service will be corrected.

VIII - PROCEDURE TO MAKE YOUR PURCHASE THROUGH THE WEBSITE   

VYSHNIAUSKAS exhibits through the website products that are available to the USERS for their knowledge, as a reference for the purchase and sale. The steps to be followed to purchase products through the website are as follows:

1. Login: By logging in to www.vyshniauskas.com implies the USER's express acceptance of all policies set forth in the Terms and Conditions.
2. Selection of the product and/or services: Once selected, the characteristics and the total value of the product are made available to the consumer, by means of photographs, which allow the full individualization of the product for the USER.
3. Product validation: Once the previous step has been completed, the USER will be shown a summary of the product, showing the general conditions, care and presentation of the product.
4. Shopping cart: The entry of the product to the shopping cart, manifests the unequivocal will of the USER in acquiring a certain product. It is understood at this point, that the USER, has all the sufficient information of the product, and has the possibility of acquiring it or not, with total autonomy to limit the entry of product to the shopping cart on the occasion of the quantity.
5. Value: As a final step, the CONSUMER will see in the summary the value to be paid for the purchase of the products and services acquired. This value reflects: the value of each product, the shipping cost, and the total value to be paid.
6. Payment: The USER, must fill in the necessary data to make the payment, which will be made through the virtual payment gateway provided by VYSHNIAUSKAS for this purpose. The USER understands and accepts that he/she must abide by the terms and conditions of the payment gateway.
7. Shipping: Once all the data corresponding to the transaction and the scope of product delivery coverage has been verified, it will be delivered to the address provided and within the term defined at the end of the transaction.
8. The USER is responsible for the provision of personal data, therefore, VYSHNIAUSKASis not responsible for any mistakes or inaccuracies in the data provided.

IX - CONSENT TO PURCHASE AND PAYMENT PROCEDURE

The USER at the moment of accepting the purchase steps of the web site, manifests the consent for the acquisition of these products, which is perfected with the final acceptance of purchase once the USER reviews the respective order summary.

VYSHNIAUSKAS is a virtual space operating as a meeting point between USER and seller. The business of buying and selling occurs when consumers pay the price of the product and/or service, including shipping costs, through the electronic payment system available on the website.

The payment gateway available on the website allows the consumer to choose the payment method he/she prefers, which may be: (i)credit card, (ii) cash from online banking, (iii) or through physical collection points such as Efecty or Davivienda branch, among others.

The USER agrees to make payments through the payment gateway available on the website, shall be obliged to verify the data you register according to the procedure stipulated and available in this, subject to the terms and conditions of the payment gateway. The invoice will come in the name of the person or company placing the order, in which the mail confirming the purchase is attached.

 X - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. 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, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary. For more details, please see our Return Policy. You authorize the issuance of an electronic invoice. VYSHNIAUSKAS will issue an invoice that will be included in your order. Please note that invoices cannot be modified once they have been issued.

XI - OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor or have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising out of or relating to your use of optional third party tools. Any use you make of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party providers. We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

XII– USER OBLIGATIONS AND PROHIBITED USES

The user expressly declares that he/she will use the website in a diligent manner and assumes any liability that may arise from non-compliance with the rules. The USER with the acceptance of the present terms and conditions is obliged to:

• By entering your data you declare under oath that they correspond to truthful and current information.
• The delivery of the secret key to third parties or its use by such third parties shall not entail any liability whatsoever for VYSHNIAUSKAS. The user will have the possibility of changing the password, for which he/she must follow the procedure established on the site.
• Immediately inform the website in the event of any misuse of the data.
• Refrain from impersonating other consumers.
• Enable the use of pop-up windows during operation.
• Verify if the products and services selected correspond to those required.
• Be informed about the instructions for use of the products.
• In general, all those conducts necessary for the execution of the legal business.
• You understand and agree to be bound by the terms and conditions of the payment gateway.
• In case of using bank cards, they are subject to the existing contract between the user and the issuing Bank, without VYSHNIAUSKAS has responsibility in relation to the aspects indicated in such contracts.
• The user shall not use this site in any way that causes, or may cause, damage to the site or impairment of access to or availability of the site; or in any way that is unfair, unlawful, fraudulent or harmful, or in connection with any unfair, unlawful, fraudulent or harmful purpose or activity.
• Likewise, the user may not use the website to transmit, store, disseminate, promote or distribute data or content that contains viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any computer or telecommunications program or equipment.
• You must not conduct any systematic or automated data collection activities on or in relation to this site without the express written permission of VYSHNIAUSKAS.
• You may not use this site for any marketing purposes without the express written permission of VYSHNIAUSKAS.
• You are prohibited from using the site and its content to send spam, phishing, pharm, pretext, spider, crawl or scrape.
• The user is prohibited from inferring or circumventing the security features of the service or related website, other websites or the Internet.
•  We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 XIII– WEBSITE OBLIGATIONS VYSHNIAUSKAS

The USER acknowledges and accepts that the website does not grant any warranty of any nature, whether express or implied, on the data, content, information and services incorporated and offered.

Except where otherwise expressly required by law, and only to the extent and extent required by law, the website does not warrant or assume any liability for any damages caused by the use and utilization of the information, data and services.

In any case, the website excludes any liability for damages that may be due to the information and/or services provided or supplied by third parties different from VYSHNIAUSKAS. All liability shall be the responsibility of the third party supplier or collaborator.

IX – THIRD PARTY LINKS

In the event that VYSHNIAUSKAS links or hyperlinks to other Internet sites, VYSHNIAUSKAS shall in no event be liable for any loss or damage related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.

Carefully review the third party's policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

XIV - RETRACT

Only for purchases in Colombia and in accordance with the provisions of art. 47 of the Consumer Statute (Law 1480 of 2011) the customer may return the purchased goods within five (5) business days from the date of delivery of the goods. To exercise the right of withdrawal, the customer must return the product to VYSHNIAUSKAS by the same means and in the same conditions in which it was received. At the time of coordinating the return of the product with the customer, he/she will be informed of the costs derived from its transportation, specifying at that time who will be responsible for such transportation costs.

In accordance with the provisions of the aforementioned Consumer Statute, the following are exempt from the Right of Withdrawal, and depending on the corporate purpose of the Company VYSHNIAUSKAS, the following cases:

• In contracts for the supply of goods made to the consumer's specifications or clearly personalized.
• In contracts for the acquisition of goods for personal use (underwear, socks, swimming shorts or others).

VYSHNIAUSKAS will return to the customer all sums paid without proceeding to make discounts or deductions for any concept, within a maximum period of thirty (30) calendar days from the time in which the right was exercised. To manage the return of your product, you must communicate to info@vyshniauskas.com.

XV - REVERSAL OF PAYMENT

Colombian law provides that in sales made through electronic commerce mechanisms, such as the Internet, and where a credit or debit card or any other electronic payment instrument has been used to make the payment, the participants in the payment process must reverse payments requested by the consumer when it is the object of fraud, or corresponds to an unsolicited transaction, or the product purchased is not received, or the product delivered does not correspond to what was requested or is defective.

In order to proceed with the reversal of payment, within five (5) business days from the date on which the consumer became aware of the fraudulent or unsolicited transaction or should have received the product or received it defective or not corresponding to what was requested, the consumer must submit his request through our email address info@vyshniauskas.com For this request, the client must provide a photocopy of his/her identity card or identification document, bank certificate of the account (Savings - Current).

The result of the study of the payment reversal request (Appropriate or Inappropriate), will be informed to the client by e-mail. If the reversal of the payment is approved, the customer will be informed of the documents and/or additional information that must be provided in order to proceed with the reversal process.

Additionally, in order to process the reversion, the customer must return the product (in cases where the product is in his possession), applying the provisions of our "Shipping, exchange and warranty policy".

Within this process, the issuer of the electronic payment instrument used to make the purchase will be notified of the claim, which, together with the other participants in the payment process, will proceed to reverse the transaction to the buyer. In any case, by accepting these terms and conditions, the customer understands that the reversal of the payment is subject to the conditions of the bank or entity used to make the payment.

XVI – GUARANTEES

The warranty covers manufacturing defects, the term of the warranty is one (1) day for products purchased in promotional activities and thirty (30) calendar days for other products. The term of the warranty is counted from the day of delivery of the product to the customer. The warranty does not cover normal deterioration of the product, improper use, or damage caused by not following the care or maintenance instructions of the products.

To make effective the warranty of any of the products purchased through our website, the customer can make the request via e-mail info@vyshniauskas.com , The buyer's full name and identification card number, order number, document number equivalent to invoice and other information considered pertinent for the attention of the warranty.

VYSHNIAUSKAS will review the request and, if appropriate, request the return of the product for review.

Product collection will be coordinated with VYSHNIAUSKAS or with the carrier that made the delivery, as indicated to the customer.

Based on the analysis carried out, a formal response will be sent to the customer, informing him/her whether the warranty claim is valid or not.

In the event that the guarantee proceeds, VYSHNIAUSKAS will indicate the procedure to make it effective. In the event that the product warranty claim does not proceed, the reasons why it will not be effective will be explained to the customer, making the return of the product(s) to the initial shipping address or to the address indicated by the customer.

XVII – DELIVERY

It is understood that any person at the delivery address is authorized by the customer to receive the order. VYSHNIAUSKAS is responsible for the delivery as long as it is made at the place registered at the time of purchase. If no one receives the order at the registered location, the carrier will return the package to its facilities.

The customer will be obliged to contact the carrier to reschedule the delivery. If the customer does not contact the carrier to reschedule the delivery, VYSHNIAUSKAS will return the product to its offices and the customer will be obliged to contact us within a maximum period of 5 calendar days for us to proceed with the shipment again. All costs generated by the return and reshipment of the product shall be borne by the customer.

If the customer does not request a new order, VYSHNIAUSKAS may withdraw from the business and shall only be obliged to refund the amount paid for the products, deducting transportation costs.

XVIII - RETURNS / EXCHANGES

Sales of promotional items will be final sales. The sale of promotional items cannot be returned for exchange or refund, unless the product is defective. Any returns of promotional items will be shipped back to the customer at the customer's expense. The return policy operates in two (2) events detailed below detallados a continuación:  

Return by size or by will of the client: VYSHNIAUSKAS offers free returns on orders placed in Colombia for values over $250 USD and that are subject to return. In order for the product to be returned, it cannot be goods for personal use, such as, but not limited to, underwear, bathing suits, girdles or stockings, lycra, etc. The product being exchanged must be unused, with tags, in perfect condition, must have the original packaging and with the original customs documents (if applicable). No returns with marks, smells or stains of use will be accepted. The garment cannot be washed or altered in any way. Products that are soiled, worn, damaged, or received in poor condition will not be accepted and will be returned to the customer.

No return or refund of money or credits will be accepted for products that are damaged, missing packaging materials or found to be altered. Refunds or credits will not be processed until the items are returned and inspected. Refunds are generally processed within 2-4 weeks of receipt of the returned item.

XIX – PROMOTIONS / DISCOUNT COUPONS

Promotional items are final sale items, no exchanges or returns are made on promotional items. Any promotional items we receive will be rejected and returned to the customer, shipping will be at the customer's expense. The benefits, promotions, offers and / or discounts, apply to the products and services displayed at VYSHNIAUSKAS.

The coupons apply only for those products and services selected for it. Under no circumstances may the customer assign, transfer, partially or totally, to any other person, the discount coupons or the rights and obligations arising therefrom. The non-fulfillment will be cause for the cancellation of the coupon, without the refund of the money. Under no cause will be reimbursed the values not caused by the coupons not redeemed and if it is not used within the term of the benefits, it will be understood that the bearer or beneficiary has waived his right to use it and in no case there will be refund of money.

It is not cumulative with other coupons, and once the term has expired without having redeemed the benefits of the coupon, there will be no refunds, and it will not be cumulative on a monthly basis. No refunds will be made for consumption less than the value of the coupon and if the consumption is higher than the value of the product and/or service offered, the customer must pay the difference. It must be subject to the terms and conditions of sale of each product and services of VYSHNIAUSKAS.

XX- COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium any comments you send to us. We do not and will not have any obligation (1) to maintain the confidentiality of the Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that may in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

XXI- PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Users/consumers, authorized on behalf of themselves and/or the company they represent or whoever represents their rights or holds in the future the quality of creditor, hereby state that I have been informed by VYSHNIAUSKAS, who will act as responsible for the personal data. The users/consumers, as the Holder can access our Policy of Treatment of information, which is published digitally on our website, www.vyshniauskas.com  If you have any questions, please contact VYSHNIAUSKAS in the email info@vyshniauskas.com . For more information, please see our Privacy Policy.

XXII- ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the service or any related website is inaccurate at any time without notice (including after you have submitted your order). We undertake no obligation to update, modify or clarify any information on the service or any related website, including but not limited to pricing information, except as required by law. No update specified or update date applied on the service or any related website should be taken to indicate that all information on the service or any related website has been modified or updated.

XXIII - DISCLAIMER OF WARRANTIES AND LIMITATION OF RESPONSIBILITY

VYSHNIAUSKAS shall not be liable in any case for damages of any kind that may cause, but not limited to: errors or omissions in the content, your use of our service to be uninterrupted, timely, secure or error-free. 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 or inability to use the service is at your own risk. The delivery of the secret key to third parties or its use by such third parties, shall not imply any liability whatsoever for VYSHNIAUSKAS.

The service and all products and services provided to you through the service are provided (except as expressly stated by us) 'as is' and 'as available' for your use, without any representation, warranty or condition 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 event shall VYSHNIAUSKAS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall 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 revenues, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or products purchased through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

XXIV – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VYSHNIAUSKAS 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 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.

XXV – DIVISIBILITY

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 by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

XXVI – COMPLETE AGREEMENT, EFFECTIVENESS AND NULLITY

In the event that one or more of the provisions contained in these terms and conditions shall be deemed void, illegal or ineffective in any respect, the validity, legality, enforceability or effectiveness of the remaining provisions contained herein shall not be affected or nullified by such circumstance.

XXVII – APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Colombia.

XXVIII – MODIFICATIONS IN THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. VYSHNIAUSKAS reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. www.vyshniauskas.com . It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. In the event that you do not agree to any changes made to these Terms of Service, you agree to be bound by such changes. VYSHNIAUSKAS , you may request cancellation of your account. The use of the site and its services implies the acceptance of these Terms and Conditions of use of VYSHNIAUSKAS.

XXIX – CONTACT

Questions about the Terms of Service should be sent to info@vyshniauskas.com

XXX – ACCEPTANCE OF TERMS

With the purchase of any of our products through the website : www.vyshniauskas.com , the USER acknowledges having read and understood these terms of use and agrees to be bound by them and to comply with all applicable laws and regulations that are part of the Colombian legislation. In addition, when the USER uses any service offered or to be offered on this site, he/she will be subject to the rules, guidelines, policies, terms and conditions applicable to that particular service.

These terms and conditions are subject to change without notice at any time. Accordingly, all transactions entered into between us and you are subject to change without notice. VYSHNIAUSKAS and the USER will be governed by the document in force at the time of purchase and in any case will have the option to consult them in the order confirmation email: info@vyshniauskas.com .