Terms and Conditions

Version: 2021-11-01

These general terms and conditions (hereinafter referred to as “Terms and Conditions”) apply to purchase of services and products provided by Company on the website www.foog.com.

These terms and conditions are binding for all persons who intend to place orders and/or offers for purchasing the services and products provided by Company on the website www.foog.com.

Any person placing an order or offer for the services and products on the website www.foog.com automatically and unconditionally accepts these terms and conditions and undertakes to fulfil them and be bound by them.

These terms and conditions are standard, that is, prepared by Company in advance for general multiple use, not harmonised with another party, and incontestably applicable to legal relations between persons placing orders or offers on the website www.foog.com and Company.

Any person whom these terms and conditions are unacceptable or incomprehensible in their entirety or in part has should not place orders or offers or purchase services and products on the website www.foog.com.

  1. Concepts used in the Terms and Conditions.
    1. For the purposes of these Terms and Conditions:
      1. Company - Technobela, UAB with its place of business at Gedimino pr. 45 – 4, LT-01109 Vilnius, Republic of Lithuania, registration number 305676010, VAT payer code LT100013724510.
      2. Client – a natural or legal person that enters into an agreement with Company, places orders with the Company or to whom the Company has submitted an offer to purchase any of Products provided by Company on the website www.foog.com.
      3. Products - all products and/or services for which an order has been placed via the website www.foog.com.
      4. Contract – an agreement between the Client and the Company concluded by providing an order or an offer by one Party and providing an acceptance by the other Party via the website www.foog.com.
      5. Website – the www.foog.com website.
      6. Order – Client’s request submitted via the website www.foog.com for to purchase any of Products.
      7. Terms and Conditions – these Terms and Conditions as well as any annexes to it, which are referred to in the Terms and Conditions.
      8. Party – either the Company or the Client.
    2. Where contextually appropriate, concepts used in these Terms and Conditions in singular also mean plural and vice versa.
  2. Subject matter. Applicability
    1. These Terms and Conditions govern mutual legal relations between the Client and the Company regarding purchasing of the Products via the Website.
    2. Deviations from these Terms and Conditions are only valid if both parties expressly agreed upon it in writing. Any terms and conditions or other terms and conditions of the Client are not valid. The applicability thereof is expressly rejected by the Company.
    3. If any provision of the Terms and Conditions is null and void or annulled, the other provisions of the Terms and Conditions shall remain in full force. Company shall take necessary actions to replace invalid or annulled provision with a new provision, having the same, as far as it is possible, purpose and purport. If the interpretation or content of one or more provisions of the Terms and Conditions is unclear, they must be interpreted 'in the spirit' of the Terms and Conditions.
    4. Should Company do not always require strict compliance with the Terms and Conditions, this would not mean that the Company would waive its rights or that the provisions of the Terms and Conditions do not apply, or that the Company would lose the right to demand strict compliance with the provisions of the Terms and Conditions in other cases to any degree.
    5. The Company is entitled to amend or supplement any provision of the Terms and Conditions. Minor changes may be made at any time. Substantive changes shall be made with prior notification of the Clients via the Website.
  3. Conclusion of Contract
    1. A Contract is valid as soon as the Company’s acceptance of the Order has reached the Client. By placing an order, the Client declares that he agrees with the applicable statement of the Terms and Conditions and, if necessary, waives an applicable statement of his own terms and conditions. Acceptance shall be effected after payment for the product(s) in question.
    2. The Company reserves the right, without giving reasons, to reject an Order and/or a Contract.
    3. Any notice given under or pursuant to the Contract will be made available in writing by email to the other Party at the address stated on the Order.
    4. The Company is not bound to verbal agreements if these have not been confirmed by the Company in writing.
    5. The Parties note that all and any actions (transactions) performed by the Client on the Website and related to entering into Contract, which have been confirmed in line with relevant instructions provide on the Website are valid and causing the same legal effects as actions (transactions) formalized by a paper document signed by the Client.
  4. Reflection period and right of withdrawal
    1. An already placed Order cannot be cancelled. The reflection period and revocation period of 14 days is not applicable in view of the digital nature of the Products to be delivered. Thus, there is no reflection period and revocation period. The Client therefore agrees to a direct delivery of the Product after payment (both before and after) and explicitly renounces the reflection period and the right of revocation.
    2. The reason for deviating from the right of withdrawal is that a Product cannot be returned because it cannot be ascertained whether the Product has already been used. After all, it concerns digital products of which the seal is broken immediately after delivery. The nature of digital products makes any reflection period and the right of withdrawal impossible, except in case of delayed payment. In that case, the code has not yet been sent by the Client nor received by the Company and the product could still be revoked. For this, it is the Client who bears the burden of proof.
  5. Execution of Contract.
    1. The Company may make use of discounts and offers, in which case the period of validity shall always be stated. This may include so-called 'discount codes' (paid or unpaid). These discount codes are specifically valid for a period of one year; if they are not used within the specified period, the redeemability and validity of the code lapses.
    2. If a term has been agreed or specified for the delivery of certain Products, this is never a strict deadline. If a term is exceeded, the Client must give the Company written notice of default. The Company must be given a reasonable period in which to still execute the Contract.
    3. If, during the execution of the Contract, it appears that it is necessary to amend or supplement the provisions of it, the Parties will proceed to amend the Contract in good time and in mutual consultation.
    4. Without being in default, the Company may refuse a request for amendment, supplementation or withdrawal of the Contract, if this could have consequences in qualitative and/or quantitative terms, for example for the Products to be delivered in that context.
    5. Under no circumstances will the Company be liable for any delay in the delivery of Products, except in the event of intent or gross negligence. Company guarantees to deliver a working Product code, in the absence of which a new code will be delivered (free of charge). Evidence for the malfunctioning of the code lies with the Client.
  6. Suspension and dissolution
    1. The Company has the right to declare every Contract with the Client dissolved without judicial intervention, if:
      1. the Client is declared bankrupt;
      2. the Client applies for a provisional suspension of payments;
      3. if the Client is manifestly unable to fulfil his financial obligations.
    2. As a result of the dissolution, the mutual claims become immediately due and payable. The Client is liable for the damage suffered by the Company.
    3. If the Company has reason to doubt the payment capacity of the Client, the Company is entitled to postpone the delivery of Products until the Client has provided security for the payment. The Client is liable for the direct and indirect damage to be suffered by the Company for this delayed delivery.
  7. Payments
    1. Charges and procedure for payments under Contracts are indicated on the Website. The Client must pay the Company at the rates indicated on the Website and applicable at the time of acceptance of the relevant Order.
    2. The Company may change the rates charged at its own discretion and at any time by modifying these Terms and Conditions in accordance with the procedure established in paragraph 2.5 of these Terms and Conditions.
    3. Every financial transaction can be detained if there is a suspicion of a financial risk. If no claim is made by the buyer within 30 days, this transaction will be considered to be overdue. A claim on the transaction can be made from the buyer via [email protected].
  8. Complaints procedure
    1. Complaints about the work performed must be made known to the Company, stating the reasons, within 7 days after the complaint arose, or within 7 days after delivery of the Products, via the email address [email protected], whereby an attempt will be made to give a response within 14 days. After expiry of the aforementioned periods, the Client will be deemed to have accepted the work performed.
    2. If a complaint is well-founded, the Company has the option of repairing the defect in the Product. If this is not possible, the Company must change the amount paid in proportion to the complaint.
  9. Information storage.
    1. The Company undertakes to store essential information related to entering into and fulfilment of the Contract for its own needs for at least ten (10) years in durable media of its choice.
    2. On the other hand, in order to have proof of actions taken in fulfilment of the Contract the Company should save appropriate information and store it in durable media of its choice.
    3. The Company undertakes to make appropriate efforts in accordance with usual practice in safekeeping information related to the Contract (including the Client’s data), however it cannot guarantee total security of the information and data. The Company is liable for any negative consequences to the Client suffered as a result of loss of information and data on the Website only if the Company is found guilty for that.
  10. Intellectual property rights.
    1. The Terms and Conditions and any transactions entered into on the basis of them are not copyright transfer agreements. The Parties do not transfer and do not grant any copyrights or neighbouring rights to each other.
  11. Confidentiality.
    1. The Parties commit themselves not to disclose any confidential information that comes to their knowledge in the course of carrying out the Contract to any third parties. This commitment is for an indefinite period and survives the expiration of the Contract. The provision of confidentiality does not apply when the information is provided to a Party’s lawyers, auditors or other persons providing services to that Party and obliged by law or written documents to honour the provision of confidentiality, as well as to supervisory bodies and other authorities that have a right to access this information in accordance with the conditions set out by the law.
  12. Force majeure
    1. The Company is not obliged to fulfil any obligation towards the Client if he is hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which he is not responsible by virtue of the law, a legal act or generally accepted practice.
    2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which the Company has no influence, but as a result of which the Company is unable to fulfil his obligations (e. g. internet failures, interruptions in the payment service, etc.).
    3. In the event of force majeure, the Client shall immediately notify the Company in writing, stating the cause of the force majeure.
    4. The Company has the right to invoke force majeure if the circumstances that prevent (further) performance of the agreement occur after the Company should have performed his obligation.
    5. The Company has the right to suspend his obligations under the agreement during the period that the force majeure lasts.
    6. Following notification of force majeure on the part of the Company, the Client has the right to cancel the order in writing.
  13. Liability
    1. The Company's liability shall be limited to the damage that can be regarded as an immediate and obvious consequence of the fulfilment or faulty fulfilment, all this limited to the amount covered by the Company’s insurance policy. If in any case the insurance company does not pay out or the damage is not covered by the insurance company, the liability will be limited to the amount relating to the invoice amount or the period of the invoice amount to which the damage relates.
    2. Company is never liable for indirect damage. Indirect damage is understood to mean: consequential damage; loss of profit; missed savings; damage due to business or other types of stagnation.
    3. Company shall never be liable for damage as a result of failure to perform work carried out by third parties or goods delivered by third parties.
    4. The limitations of liability contained in these Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of the Company and/or its subordinates.
    5. Company is never liable if the Client's website goes offline for any reason whatsoever or if something happens to the website that causes damage to the Client.
  14. Law governing the Contract and the relations arising therefrom. Jurisdiction.
    1. These Terms and Conditions have been prepared with reference to the law of the Republic of Lithuania. The Contracts resulting from the Terms and Conditions and the legal relations resulting therefrom or in relation to them are governed by the law of the Republic of Lithuania.
    2. Any legal disputes arising from or in relation to the Company based on these Terms and Conditions shall be handled at a court of the Republic of Lithuania for the seat of the Company.