Terms of Sale

Version: 1.0

Approved: 4 July 2026

Effective from: 4 July 2026

These Terms and Conditions of Sale (hereinafter referred to as the “Terms”) govern the purchase of goods through the website www.gastroware.lt, the ordering process, payment, delivery, acceptance of goods, the rights and obligations of the Parties, and other matters related to the sales contract.

General Provisions

2. Buyer and Scope of Application

3. Products and Technical Information

4. Placing an Order

5. Conclusion of the Sales Contract

6. Prices and Payment Terms

7. Product Availability

8. Delivery Terms

9. Acceptance of Goods

10. Transfer of Risk and Ownership

11. Installation and Connection

12. Warranty

13. Returns

14. Limitation of Liability

15. Force Majeure

16. Promotions and Special Offers

17. Intellectual Property

18. Governing Law and Dispute Resolution

19. Final Provisions

1. General Provisions

1.1. These Terms govern the purchase, sale and delivery of all goods sold through the website www.gastroware.lt, as well as all legal relationships related to such transactions.

1.2. The online store is operated by MB GastroWare (hereinafter referred to as the Seller).

1.3. By placing an order, the Buyer confirms that they have read, understood and agree to comply with these Terms.

1.4. The Seller reserves the right to amend or supplement these Terms at any time. Any amendments shall apply only to orders placed after the publication of the updated Terms.

1.5. Definitions

For the purposes of these Terms, the following definitions shall apply:

Seller – MB GastroWare.

Buyer – any natural or legal person purchasing goods.

Parties – the Seller and the Buyer collectively.

Goods – all equipment, spare parts, accessories and other products sold by GastroWare.

Website – www.gastroware.lt.

2. Buyer and Scope of Application

2.1. These Terms apply to both natural persons and legal entities unless otherwise specified in the relevant section.

2.2. Most of the products offered by GastroWare are professional commercial catering equipment intended for restaurants, hotels, cafés, bakeries, food production facilities, catering businesses and other HoReCa establishments.

2.3. Buyers purchasing goods for commercial, professional or business purposes are subject to Business-to-Business (B2B) terms.

2.4. Consumers purchasing goods for personal use are additionally protected by the consumer rights provided under the laws of the Republic of Lithuania.

3. Products and Technical Information

3.1. All technical information published on the Website is based on the information provided by the manufacturers.

3.2. The manufacturer reserves the right to change the product specifications, design, colour, technical characteristics or other product features, provided that such changes do not affect the main functionality of the product.

3.3. Product images displayed on the Website are for illustrative purposes only. The actual appearance of the product may differ slightly from the images shown.

3.4. Before placing an order, the Buyer is responsible for ensuring that the selected equipment is suitable for its intended installation location, complies with the required electrical, water, drainage, ventilation and gas supply requirements, and that sufficient access is available for transportation and installation.

3.5. If the Buyer has any questions regarding the technical specifications or suitability of the equipment, they must contact the Seller before placing the order.

4. Placing an Order

4.1. Orders may be placed through the Website, by email or by any other method specified by the Seller.

4.2. An order shall be deemed received once it has been registered in the Seller’s order management system.

4.3. The Seller reserves the right to contact the Buyer to clarify the details of the order, delivery arrangements, technical requirements or any other matters necessary for the proper fulfilment of the order.

5. Conclusion of the Sales Contract

5.1. A sales contract shall be deemed concluded when at least one of the following conditions has been met:

the Seller confirms the order in writing;
the Buyer accepts the commercial quotation;
the Buyer pays the Proforma Invoice;
the Parties sign a separate sales agreement.

5.2. The Seller reserves the right to refuse or cancel an order if:

the goods are no longer available from the manufacturer or supplier;
the product has been discontinued;
an obvious pricing or technical specification error has been identified;
fulfilment of the order has become impossible due to circumstances beyond the Seller’s control.

6. Prices and Payment Terms

6.1. Prices

All prices displayed on www.gastroware.lt are shown in Euro (EUR).

Unless otherwise stated on the product page, all prices are displayed excluding Value Added Tax (VAT).

The final amount payable, including applicable VAT, delivery charges, additional services and any other applicable fees, will be specified during the checkout process, in the commercial quotation or in the Proforma Invoice.

6.2. Commercial Quotations

Individual commercial quotations are valid only for the period specified in the quotation.

Once the validity period has expired, the Seller reserves the right to change:

product prices;
delivery times;
quotation terms;
product availability.

If, before the order is confirmed, the manufacturer’s or supplier’s prices, transport costs, customs duties, exchange rates or any other costs beyond the Seller’s control change, the Seller reserves the right to revise the quoted price and inform the Buyer before confirming the order.

Where the terms of an individual commercial quotation differ from these Terms and Conditions of Sale, the terms of the commercial quotation shall prevail.

6.3. Payment Methods

The Buyer may pay for the order using one of the following payment methods:

bank transfer;
online banking;
debit or credit card;
Proforma Invoice;
finance or leasing provider (where available);
any other payment method agreed in writing between the Parties.

6.4. Order Processing

Unless otherwise agreed in writing, order processing will commence only after the Seller has received full payment.

For certain products, custom-made equipment, special orders or products manufactured specifically for the Buyer, the Seller may require:

full payment in advance;
a deposit;
an additional advance payment before production or procurement begins.

6.5. Unpaid Orders

If the Buyer fails to pay the Proforma Invoice within the specified period, the Seller reserves the right, without prior notice, to:

suspend the order;
cancel the order;
revise the estimated delivery date;
recalculate the price based on the current manufacturer’s or supplier’s pricing;
release any reserved stock.

6.6. Credit Terms

Credit facilities or deferred payment terms are granted solely at the Seller’s discretion.

The Seller reserves the right at any time to:

refuse credit terms;
amend the approved credit limit;
require advance payment;
suspend further orders until all outstanding balances have been settled.

6.7. Late Payment

If payment is overdue, the Seller may charge late payment interest at the rate of 0.02% of the outstanding amount for each day of delay, unless otherwise agreed in writing.

In addition, the Seller reserves the right to:

suspend all current orders;
withhold delivery of goods;
withdraw any previously granted credit terms;
demand immediate payment of all outstanding amounts;
refer the debt to a third-party debt collection agency in accordance with applicable law.

The Buyer shall be responsible for all reasonable costs incurred in recovering overdue payments.

6.8. Pricing and Information Errors

The Seller makes every reasonable effort to ensure that all information published on the Website is accurate and up to date.

However, due to technical, system, human or third-party errors, incorrect information may occasionally be displayed regarding:

product prices;
technical specifications;
product images;
product descriptions;
delivery times;
product availability.

Where an obvious error has occurred, the Seller reserves the right to:

cancel the order;
offer the Buyer the opportunity to purchase the goods at the correct price or under the correct conditions;
refund any payment already received.

In such circumstances, the Seller shall not be deemed to be in breach of the sales contract.

An obviously incorrect price (for example, €10 instead of €10,000) shall not constitute a valid offer.

6.9. Price Changes

The Seller reserves the right to change product prices, promotions and discounts displayed on the Website at any time.

Price changes shall not affect confirmed and fully paid orders, except where an order was placed as a result of an obvious technical or human error.

6.10. VAT Invoices

VAT invoices are issued electronically.

Invoices will be sent to the email address provided by the Buyer or by any other method agreed between the Parties.

The Buyer must review the invoice and notify the Seller of any inaccuracies within 5 business days of receipt.

If no objections are received within this period, the invoice shall be deemed accurate and accepted by the Buyer.

7. Product Availability

7.1. Product Availability

The product availability information displayed on the Website is provided for informational purposes only and may change in real time.

Although the Seller makes every reasonable effort to keep stock information up to date, actual product availability may occasionally differ from the information displayed on the Website due to technical reasons or supplier inventory updates.

7.2. Products Ordered from Suppliers

Some products offered on the Website are ordered from manufacturers or official suppliers only after the Buyer has placed an order.

In such cases:

delivery times may be longer;
delivery schedules depend on the manufacturer or supplier;
the Seller will inform the Buyer of the estimated delivery time.

7.3. Product Unavailability

If, after an order has been placed, it becomes apparent that the ordered product cannot be supplied for reasons beyond the Seller’s control, the Seller will notify the Buyer without undue delay.

In such cases, the Seller may offer:

an equivalent or similar product;
an alternative delivery date;
a full refund of any amount already paid.

The final decision regarding any replacement product remains with the Buyer.

7.4. Product Reservation

Unless otherwise agreed in writing, products will only be reserved after receipt of the agreed advance payment or full payment.

The Seller does not guarantee stock reservation before payment has been received.

7.5. Special Orders

Products specially ordered, customised or manufactured specifically for the Buyer will only be placed into production or ordered from the supplier after the order has been confirmed and the agreed advance payment has been received.

Such products may be subject to extended production and delivery times.

7.6. Delivery Times

Delivery times indicated on the Website, in commercial quotations or in other documents are estimates unless otherwise agreed in writing between the Parties.

Delivery times may change due to:

manufacturer production schedules;
supplier stock availability;
transportation delays;
customs procedures;
logistics partner operations;
Force Majeure events;
other circumstances beyond the Seller’s control.

7.7. Supplier Responsibility

The Seller shall not be liable for delays or failures caused by manufacturers, suppliers, logistics companies or other third parties.

Where delivery times change significantly, the Seller will inform the Buyer within a reasonable time after becoming aware of such changes.

7.8. Partial Deliveries

Where part of the ordered goods is temporarily unavailable, the Seller may, subject to agreement with the Buyer:

deliver the order in separate shipments;
deliver all goods together at a later date;
offer alternative products;
refund the payment for any goods that cannot be supplied.

7.9. Order Cancellation

If fulfilment of an order becomes impossible due to circumstances beyond the Seller’s control, the Seller reserves the right to cancel all or part of the order.

In such cases, the Buyer will be refunded any payments made for goods that cannot be supplied.

The Seller shall not be liable for indirect losses, loss of profit, business interruption or any other damages arising from order cancellation or changes to delivery schedules.

The Seller also reserves the right to cancel an order if:

the Buyer cannot be contacted;
payment has not been received;
the product has been discontinued;
an obvious pricing error has occurred;
fraudulent activity is suspected;
fulfilment of the order has become objectively impossible.

8. Delivery Terms

8.1. General Provisions

The Seller organises the delivery of goods throughout the Republic of Lithuania and, where agreed separately between the Parties, to other countries.

The method of delivery, delivery time and delivery charges depend on:

the type of goods;
the size and weight of the goods;
the delivery address;
the selected delivery method;
any additional services requested.

Goods are delivered either by logistics partners selected by the Seller or by the Seller’s own transport.

8.2. Delivery Times

Estimated delivery times are provided on the Website, in the commercial quotation or in the order confirmation.

All delivery times are estimates unless otherwise agreed in writing by the Parties.

If the delivery time changes due to circumstances beyond the Seller’s control, the Seller will notify the Buyer as soon as reasonably possible.

A change in the estimated delivery time shall not in itself constitute a material breach of the sales contract.

8.3. Delivery Address

Goods will be delivered to the address specified by the Buyer when placing the order.

The Buyer is responsible for ensuring that:

the delivery address is accurate;
a valid contact telephone number is provided;
an authorised person is available to receive the goods at the agreed delivery time;
safe access for unloading is available.

If delivery cannot be completed due to incorrect information or any circumstances attributable to the Buyer, all additional transport and delivery costs shall be borne by the Buyer.

8.4. Standard Delivery

Unless otherwise agreed in writing, standard delivery is made to the address specified by the Buyer and to a location accessible for the safe unloading of goods by a delivery vehicle.

For apartment buildings, office buildings and similar premises, standard delivery is made to the main entrance or designated unloading area.

For private properties, standard delivery is made to the entrance gate, driveway or another location accessible to the delivery vehicle.

Standard delivery does not include:

carrying goods into the building;
carrying goods up or down stairs;
transportation using lifts;
moving goods within the premises;
unpacking;
installation;
connection to electricity, water, gas or other utilities;
removal of existing equipment;
removal or disposal of packaging materials or pallets.

If the Buyer requires carrying, lifting, installation or any additional services, these must be agreed in writing in advance, including availability, pricing and terms of service.

8.5. Buyer’s Responsibilities Before Delivery

Before delivery takes place, the Buyer is responsible for ensuring that the equipment can be safely transported to its intended installation location.

The Buyer must ensure:

safe access for delivery vehicles;
sufficiently wide doors, gates and corridors;
a suitably sized lift where equipment must be transported to upper floors;
an appropriate unloading area;
sufficient space to move the equipment;
additional personnel if required to move heavy equipment.

If delivery cannot be completed because of narrow access, staircases, lifts, restricted vehicle access, ongoing construction works or any other circumstances attributable to the Buyer, the Seller shall not be deemed to have failed to fulfil its delivery obligations.

In such cases, all additional costs relating to:

repeat delivery;
additional transportation;
specialised lifting equipment;
additional labour;
temporary storage of the goods,

shall be borne by the Buyer.

8.6. Large Equipment

Large or heavy equipment may be delivered on pallets or by specialised freight vehicles.

Where unloading requires additional equipment, such as a forklift, crane or other lifting machinery, the Buyer shall be responsible for arranging such equipment and covering the associated costs unless otherwise agreed in writing by the Parties.

8.7. Partial Deliveries

Where part of the ordered goods is temporarily unavailable or supplied at different times, the Seller may, with the Buyer’s agreement, complete the order through partial deliveries.

Partial delivery shall not constitute improper performance of the sales contract.

8.8. Failed Delivery

If delivery cannot be completed due to circumstances attributable to the Buyer, including but not limited to:

an incorrect delivery address;
inability to contact the Buyer;
the absence of an authorised person at the delivery location;
the unloading area not being prepared;
the inability to unload the goods safely;
the Buyer’s unjustified refusal to accept goods that conform to the order,

the Seller reserves the right to:

arrange a repeat delivery at the Buyer’s expense;
charge reasonable storage fees;
recover all additional transport, logistics and administration costs incurred.

8.9. Acceptance of Goods

Upon delivery, the Buyer must:

inspect the condition of the packaging;
verify the number of packages delivered;
check the product models and completeness of the delivery;
inspect the goods for any visible transport damage.

If any damage is identified, the Buyer must:

notify the courier or driver immediately;
complete a damage report or record the damage in the electronic delivery confirmation;
take photographs of the damaged goods and packaging;
notify the Seller without undue delay.

If the goods are accepted without any remarks, they shall be deemed to have been delivered without visible damage to the packaging or signs of transport damage.

8.10. Hidden Transport Damage

If damage caused during transportation is discovered only after unpacking, the Buyer must notify the Seller no later than 24 hours after receiving the goods.

The notification must include:

the order or invoice number;
a description of the damage;
photographs of the goods;
photographs of the packaging;
photographs showing the transport damage.

The Buyer must not use the damaged equipment until the Seller has assessed the claim.

8.11. Transfer of Risk

The risk of accidental loss, damage or destruction of the goods passes to the Buyer once the goods have been delivered to the Buyer or the Buyer’s authorised representative at the delivery location.

If the Buyer unjustifiably refuses to accept the goods or fails to take delivery at the agreed time, the risk shall pass to the Buyer from the moment delivery should have taken place.

8.12. Transfer of Ownership

Ownership of the goods shall pass to the Buyer only after full payment has been received, unless otherwise agreed in writing by the Parties.

Until full payment has been made, the goods remain the property of the Seller.

8.13. Delivery Restrictions

The Seller reserves the right to refuse delivery or amend the delivery arrangements where:

safe access to the delivery location is not available;
delivery would endanger the safety of employees or third parties;
specialised lifting equipment is required and the Seller was not informed in advance;
delivery cannot be completed due to circumstances attributable to the Buyer or third parties;
a Force Majeure event or any other circumstance beyond the Seller’s control occurs.

In such cases, the Seller and the Buyer shall agree on a new delivery date or alternative delivery arrangements.

9. Acceptance of Goods

9.1. General Provisions

The Buyer or the Buyer’s authorised representative must accept the goods upon delivery and inspect their condition before signing the delivery note, electronic proof of delivery or any other document confirming receipt of the goods.

9.2. Inspection of Packaging and Goods

Before accepting the goods, the Buyer must inspect:

the condition of the packaging;
any visible signs of transport damage;
any signs of moisture, tears or deformation of the packaging;
whether the number of delivered packages matches the delivery documentation;
whether the delivered goods correspond to the order.

9.3. Visible Transport Damage

If visible transport damage is identified upon delivery, the Buyer must:

immediately notify the courier or driver;
complete a transport damage report or record the damage on the delivery documentation;
take photographs of the damaged packaging, shipping labels and visible damage;
notify the Seller no later than 24 hours after delivery.

If transport damage is not recorded at the time of delivery, it may no longer be possible to submit a claim against the carrier.

9.4. Hidden Transport Damage

If transport damage is discovered only after unpacking the goods, the Buyer must:

immediately stop unpacking or using the equipment;
refrain from using the damaged goods;
notify the Seller within 24 hours of receiving the goods;
provide photographs of the damage, packaging and the goods.

The damaged equipment must not be used until the Seller has completed its assessment.

9.5. Inspection of Product Completeness

The Buyer must verify that all components supplied with the goods are present, including:

accessories;
optional items ordered separately;
operating manuals;
any other components supplied by the manufacturer.

Any missing items must be reported to the Seller within 3 business days of receiving the goods.

9.6. Refusal to Accept Goods

The Buyer may refuse to accept the goods if:

the delivered goods do not correspond to the order;
the goods have obvious transport damage;
the packaging has been significantly damaged, giving reasonable grounds to believe that the goods may also be damaged.

The reason for refusal must be clearly recorded on the delivery note or other delivery documentation.

9.7. Acceptance Without Remarks

If the Buyer accepts the goods without recording any remarks on the delivery documentation, the goods shall be deemed to have been delivered without visible damage to the packaging or signs of transport damage.

This provision does not apply to hidden defects or manufacturing defects that could not reasonably have been identified during the normal acceptance process.

9.8. Preservation of Packaging

Where transport damage has occurred or a transport damage claim is anticipated, the Buyer must retain the original packaging, pallet and all packing materials until the Seller or the carrier has completed the inspection.

Disposal of the original packaging may delay or prevent the successful processing of a transport damage claim.

9.9. Cooperation During Claims

The Buyer agrees to cooperate with the Seller during the investigation of any claim relating to transport damage or product completeness and, upon request, shall provide any additional information, photographs or documentation reasonably required.

Failure to provide the requested information within a reasonable period may delay or prevent the successful resolution of the claim.

10. Transfer of Risk and Ownership

10.1. Transfer of Risk

The risk of accidental loss, damage or destruction of the goods passes to the Buyer when the goods are delivered to the Buyer or the Buyer’s authorised representative at the agreed delivery location.

If the goods are accepted by a person designated by the Buyer, the goods shall be deemed to have been properly delivered.

10.2. Transfer of Ownership

Unless otherwise agreed in writing, ownership of the goods shall pass to the Buyer only after the Seller has received full payment for the goods, including all amounts payable under the order.

Until full payment has been received, the goods remain the property of the Seller.

10.3. Use of Goods Before Full Payment

Until full payment has been made, the Buyer agrees:

to use the goods responsibly and only for their intended purpose;
not to sell, transfer, pledge or otherwise encumber the goods in favour of any third party;
to maintain the goods in the condition in which they were delivered, allowing only for normal use.

10.4. Failure to Accept Delivery

If the Buyer unjustifiably refuses to accept conforming goods or fails to take delivery within the agreed period, the Seller shall be deemed to have fulfilled its delivery obligations.

In such circumstances, the Seller reserves the right to:

store the goods at the Buyer’s expense;
arrange a repeat delivery at an additional charge;
recover all reasonable transport, storage and administration costs incurred.

10.5. Storage of Goods

If the Buyer fails to collect or accept the goods after the agreed delivery date for reasons attributable to the Buyer, the Seller may store the goods at its own premises or at a third-party storage facility.

The Buyer shall be responsible for all reasonable storage, transportation and administration costs incurred as a result.

10.6. Compensation for Losses

If the Seller incurs additional costs as a result of the Buyer’s actions or omissions, including transportation, storage, logistics, administration or any other direct expenses, the Buyer shall reimburse the Seller for such costs in accordance with applicable law.

10.7. Partial Transfer of Ownership

Where an order is delivered in separate shipments, the transfer of risk and ownership for each shipment shall occur in accordance with the provisions of this section.

10.8. Third-Party Claims

Until ownership has passed to the Buyer, the Buyer must immediately notify the Seller if any third party attempts to seize, pledge or otherwise assert rights over the goods.

10.9. Damage After Delivery

Following the transfer of risk, the Buyer shall bear full responsibility for any accidental loss, damage or destruction of the goods, except where the damage results from the Seller’s fault or from a manufacturing defect.

10.10. Insurance

The Seller recommends that Buyers purchasing high-value professional equipment obtain appropriate insurance covering damage, theft, fire, flooding and other potential risks.

This recommendation does not affect the transfer of risk or ownership as set out in these Terms and Conditions of Sale.

11. Installation and Connection

11.1. General Provisions

Most professional equipment supplied by GastroWare is intended for commercial use and must be installed, connected and operated in accordance with the manufacturer’s instructions and all applicable legal requirements.

The Buyer is responsible for ensuring that the installation site is properly prepared before the equipment is installed.

11.2. Installation Services

Unless otherwise agreed in writing, the Seller does not provide:

equipment installation;
equipment assembly;
electrical connection;
water supply and drainage connection;
gas connection;
ventilation system connection;
commissioning;
equipment calibration;
staff training.

Additional services may only be provided following prior written agreement regarding their scope, availability and cost.

11.3. Proper Installation

The Buyer is responsible for ensuring that the equipment is installed and connected in accordance with:

the manufacturer’s instructions;
the laws of the Republic of Lithuania;
electrical safety requirements;
fire safety regulations;
applicable building regulations;
all other relevant technical standards.

Where the manufacturer requires installation by a qualified technician, the Buyer must comply with this requirement.

11.4. Site Preparation

Before installation, the Buyer must ensure that:

the electrical supply is suitable for the equipment;
proper earthing is available;
the water supply meets the manufacturer’s requirements;
the drainage system is suitable for the intended use;
adequate ventilation is provided;
the gas installation complies with applicable regulations (where applicable);
the floor is level and capable of supporting the equipment;
sufficient space is available around the equipment for servicing and maintenance.

11.5. Water Quality

Where the manufacturer recommends or requires water filtration, water softening or limescale prevention systems, the Buyer must install and maintain such systems.

The Seller shall not be responsible for faults resulting from:

hard water;
limescale build-up;
poor water quality;
missing or poorly maintained water filtration systems;
failure to replace filter cartridges as recommended.

11.6. Electrical Supply

The Buyer is responsible for ensuring that the electrical installation is suitable and complies with all applicable requirements.

The Seller shall not be liable for faults resulting from:

incorrect supply voltage;
voltage fluctuations;
overloaded electrical circuits;
inadequate or missing earthing;
incorrectly rated circuit breakers;
improper electrical connection.

11.7. Gas Equipment

All gas equipment must be installed by qualified personnel authorised to perform such work.

The Buyer is responsible for ensuring that the gas installation complies with all applicable legal requirements and the manufacturer’s specifications.

11.8. Initial Start-Up

Before operating the equipment for the first time, the Buyer must:

read the manufacturer’s operating instructions;
inspect the equipment for transport damage;
verify that all connections have been completed correctly;
ensure that the equipment is level and properly installed.

Where the manufacturer requires commissioning by an authorised service provider, failure to comply with this requirement may invalidate the warranty.

11.9. Prohibited Actions

Without the prior written approval of the Seller or the manufacturer, the Buyer must not:

modify the equipment;
alter the electrical system;
remove or disable safety devices;
break manufacturer seals;
use non-original spare parts;
carry out unauthorised repairs;
use the equipment for purposes other than those intended.

Such actions may invalidate the warranty.

11.10. Consumables

Where the equipment requires:

professional cleaning chemicals;
rinse aid;
water softening salt;
filters;
oils;
lubricants;
any other consumables recommended by the manufacturer,

the Buyer must use only original or manufacturer-approved equivalent products.

The warranty does not cover faults caused by unsuitable consumables.

11.11. Maintenance

The Buyer is responsible for carrying out routine maintenance in accordance with the manufacturer’s recommendations, including:

cleaning the equipment;
servicing and replacing filters;
cleaning refrigeration condensers;
removing limescale;
maintaining moving components;
any other maintenance specified by the manufacturer.

The warranty does not cover faults resulting from inadequate or neglected maintenance.

11.12. Limitation of Liability

The Seller shall not be liable for faults or damage resulting from:

incorrect installation;
improper connection;
work carried out by unauthorised third parties;
defective electrical installations;
poor water quality;
inadequate ventilation;
improper operation of the equipment;
failure to follow the manufacturer’s instructions;
failure to carry out proper maintenance.

Any installation or connection work carried out by parties other than the Seller or its authorised service partners is performed entirely at the Buyer’s own risk.

11.13. Additional Information

Detailed warranty procedures, warranty exclusions and service conditions are set out in the separate Warranty Terms, which form an integral part of these Terms and Conditions of Sale.

12. Warranty

12.1. Warranty Coverage

All products supplied by GastroWare are covered by the manufacturer’s warranty, provided that the equipment is used for its intended purpose and in accordance with the manufacturer’s instructions, technical requirements and these Terms and Conditions of Sale.

The existence of a warranty does not entitle the Buyer to suspend or delay any payment obligations under the sales contract.

The applicable warranty period is specified:

on the product page;
in the commercial quotation;
in the warranty documentation;
or in any other documents supplied with the goods.

12.2. Warranty Procedure

Warranty service is provided in accordance with the separate Warranty Terms, which form an integral part of these Terms and Conditions of Sale.

The Warranty Terms define:

the warranty service procedure;
how faults must be reported;
the process for warranty repairs;
warranty exclusions;
warranty repair timeframes;
the rights and obligations of the Parties.

12.3. Buyer’s Responsibilities

In order to benefit from the warranty, the Buyer must:

retain proof of purchase;
use the equipment in accordance with the manufacturer’s instructions;
ensure proper installation and connection of the equipment;
carry out routine maintenance recommended by the manufacturer;
immediately stop using the equipment if a fault is discovered that could result in further damage.

12.4. Warranty Exclusions

The warranty does not cover faults or damage resulting from:

improper use;
incorrect installation or connection;
mechanical damage;
normal wear and tear;
failure to carry out required maintenance;
failure to follow the manufacturer’s instructions;
any other circumstances specified in the Warranty Terms.

12.5. Scope of the Warranty

The warranty covers manufacturing defects in materials or workmanship only.

The warranty does not cover:

routine servicing;
cleaning and maintenance;
consumables;
replacement of parts subject to normal wear and tear;
equipment adjustments that are not related to a manufacturing defect.

12.6. Non-Warranty Repairs

If, following inspection, it is determined that the reported fault is not covered by the warranty, the Buyer shall be responsible for:

diagnostic charges;
service call-out charges;
transportation costs;
replacement parts;
repair labour in accordance with the Seller’s current service rates.

12.7. Limitation of Warranty Liability

Warranty service does not entitle the Buyer to claim compensation for indirect losses, including:

loss of revenue;
business interruption;
loss of profit;
loss of customers;
or any other indirect or consequential losses, unless otherwise required by the laws of the Republic of Lithuania.

12.8. Additional Information

Detailed warranty procedures are set out in the separate Warranty Terms, published on www.gastroware.lt, which form an integral part of these Terms and Conditions of Sale.

13. Returns

13.1. General Provisions

Returns are governed by the laws of the Republic of Lithuania, these Terms and Conditions of Sale and the separate Returns Policy, which forms an integral part of these Terms.

13.2. Business Customers (B2B)

For legal entities and individuals purchasing goods for commercial, professional or business purposes, the 14-day right of withdrawal applicable to distance selling contracts under Lithuanian consumer protection legislation does not apply.

Returns of goods that are free from defects are accepted only with the Seller’s prior written approval.

Each return request is assessed individually, and the Seller reserves the right to refuse the return of goods.

13.3. Custom and Special-Order Products

Goods that have been:

specially ordered for the Buyer;
custom configured;
manufactured to the Buyer’s specifications;
ordered directly from the manufacturer specifically for the Buyer,

cannot be returned unless they are found to have a manufacturing defect or another issue for which the Seller is legally responsible.

13.4. Conditions for Returning Goods

Where the Seller agrees to accept the return of goods, they must be:

unused;
uninstalled;
disconnected from electricity, water, gas and any other utilities;
in resalable condition;
in their original packaging;
complete with all supplied components;
free from mechanical damage.

The Seller reserves the right to refuse goods that do not meet these conditions.

13.5. Return Costs

Unless otherwise required by law or agreed in writing between the Parties, all costs associated with returning goods, including transportation, packaging, insurance and any related expenses, shall be borne by the Buyer.

13.6. Defective Goods

If the Buyer believes that defective goods have been supplied, the Buyer must notify the Seller without undue delay and provide:

the order or invoice number;
a description of the fault or defect;
photographs or videos where reasonably possible;
any additional information required to assess the claim.

Such claims shall be handled in accordance with the Warranty Terms and the applicable laws of the Republic of Lithuania.

13.7. Right to Refuse Returned Goods

The Seller reserves the right to refuse returned goods if:

the return procedure has not been followed;
the goods have been used, installed or connected;
the goods are no longer in resalable condition for reasons other than transport damage;
the original components or accessories are missing;
the return does not comply with these Terms or the Returns Policy.

13.8. Additional Information

Detailed return procedures, applicable time limits, exclusions, consumer rights and return requirements are set out in the separate Returns Policy, published on www.gastroware.lt, which forms an integral part of these Terms and Conditions of Sale.

14. Limitation of Liability

14.1. General Provisions

The Seller shall be liable for improper performance of the sales contract only to the extent required by the laws of the Republic of Lithuania.

14.2. Limitation of Liability

The Seller shall not be liable for:

indirect losses;
consequential damages;
loss of profit;
loss of revenue;
business interruption;
loss of data;
loss of customers;
reputational damage;
or any other indirect or consequential losses arising from the use of, or inability to use, the goods.

14.3. Buyer’s Responsibility

The Buyer is solely responsible for:

selecting the appropriate product;
ensuring that the equipment is suitable for its intended purpose;
proper installation and connection;
complying with the manufacturer’s instructions;
carrying out routine maintenance;
the safe operation of the equipment.

14.4. Third-Party Responsibility

The Seller shall not be liable for the acts or omissions of:

manufacturers;
suppliers;
carriers;
installation contractors;
service providers;
or any other third parties.

14.5. Technical Information

The Seller shall not be liable for errors or inaccuracies contained in technical documentation provided by the manufacturer where such errors are outside the Seller’s control.

14.6. Use of the Equipment

The Seller shall not be liable for any damage arising from:

improper use of the equipment;
incorrect installation;
improper storage;
failure to carry out maintenance;
unauthorised repairs;
modifications to the equipment;
the use of non-original spare parts;
failure to follow the manufacturer’s instructions.

14.7. Maximum Liability

Unless otherwise required by applicable law, the Seller’s maximum liability shall be limited to the purchase price of the specific goods giving rise to the Buyer’s claim.

15. Force Majeure

15.1. Force Majeure

Neither Party shall be liable for any total or partial failure to perform its obligations where such failure results from Force Majeure.

15.2. Force Majeure Events

Force Majeure includes, but is not limited to:

natural disasters;
fire;
flood;
earthquakes;
epidemics and pandemics;
war;
terrorist acts;
civil unrest;
strikes;
government restrictions;
sanctions;
disruptions to international logistics;
delays caused by manufacturers or suppliers;
power outages;
failures of information technology systems;
or any other circumstances beyond the reasonable control of the Parties.

15.3. Notification

A Party affected by a Force Majeure event shall notify the other Party within a reasonable period after becoming aware of the circumstances preventing performance.

15.4. Suspension of Obligations

The Parties’ contractual obligations shall be suspended for the duration of the Force Majeure event.

15.5. Extended Force Majeure

If a Force Majeure event continues for more than 90 calendar days, either Party may terminate the sales contract without any obligation to compensate the other Party for losses arising from such termination.

16. Promotions and Special Offers

16.1. General Provisions

The Seller reserves the right to organise promotions, offer discounts, issue promotional codes, introduce special offers or conduct other marketing campaigns at any time.

16.2. Promotion Rules

The terms and conditions of each promotion shall be published separately on the Website, in advertising materials or through other communication channels chosen by the Seller.

Where the terms of a specific promotion differ from these Terms and Conditions of Sale, the terms of the specific promotion shall prevail.

16.3. Promotion Period

All promotions are valid only for the period specified or while promotional stock lasts.

The Seller reserves the right to amend or terminate any promotion early for valid reasons, provided this complies with applicable law.

16.4. Combination of Discounts

Unless expressly stated otherwise, discounts, promotional offers, voucher codes and other special offers cannot be combined.

16.5. Obvious Errors

If, due to a technical, human or other error, a product is displayed with an obviously incorrect price, discount or promotional condition, the Seller reserves the right to correct the error and offer the Buyer the opportunity to purchase the product under the correct terms or to cancel the order.

16.6. Additional Information

Detailed rules governing promotions, discount codes, special offers, competitions and other marketing activities are set out in the separate Promotions and Campaign Terms, which form an integral part of these Terms and Conditions of Sale.

17. Intellectual Property

17.1. Copyright

All content published on www.gastroware.lt, including but not limited to:

text;
product descriptions;
photographs;
images;
logos;
trademarks;
graphics;
website design;
software code;
website structure,

is protected by the intellectual property laws of the Republic of Lithuania, the European Union and applicable international treaties.

17.2. Restrictions on Use

Without the Seller’s prior written consent, it is prohibited to:

copy Website content;
distribute Website content;
publish Website content;
modify Website content;
use product photographs or descriptions for commercial purposes;
use the GastroWare logo;
use any other intellectual property belonging to the Seller.

17.3. Third-Party Trademarks

All trademarks, logos and brand names displayed on the Website remain the property of their respective owners and are used solely for identification and informational purposes or under the appropriate rights or permissions.

17.4. Infringement of Rights

If any infringement of the Seller’s intellectual property rights is identified, the Seller reserves the right to require the immediate cessation of the infringement, removal of the infringing content and compensation for any damages in accordance with the laws of the Republic of Lithuania.

18. Governing Law and Dispute Resolution

18.1. Governing Law

These Terms and Conditions of Sale shall be governed by and interpreted in accordance with the laws of the Republic of Lithuania.

18.2. Resolution of Disputes

Any disagreements, disputes or claims arising out of or relating to these Terms and Conditions of Sale shall first be resolved through mutual negotiations between the Parties.

18.3. Out-of-Court Settlement

If the Parties are unable to reach an agreement through negotiations, they may use any other out-of-court dispute resolution procedures available under applicable law.

18.4. Court Jurisdiction

If a dispute cannot be resolved amicably, it shall be settled by the courts of the Republic of Lithuania in accordance with the laws of the Republic of Lithuania.

Where the Buyer is a consumer, the rules on jurisdiction applicable under consumer protection legislation shall apply.

18.5. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be replaced by a valid provision that most closely reflects the original intention of the Parties and complies with applicable law.

19. Final Provisions

19.1. These Terms and Conditions of Sale shall enter into force on the Effective Date specified above and shall apply to all sales contracts concluded after that date.

19.2. The Seller reserves the right to amend, supplement or update these Terms at any time.

Any updated version of the Terms shall become effective upon publication on www.gastroware.lt, unless a different effective date is expressly stated.

19.3. The following documents, published on www.gastroware.lt, also apply to the relationship between the Seller and the Buyer: