Terms & Conditions

GENERAL

These terms and conditions (the Terms) constitute an agreement between UAB Esoftus, registration number 305960338, registered domicile at Eglinės Sodų g. 83, Vilnius 11132, Lithuania (the Seller) and you, based on which the Seller will make it possible for you to purchase third-party software (the Software), other digital content, for example, courses, trainings (the Content), or services rendered by the Seller, for example software installation services (the Services) (altogether, the Products) sold at online store available at http://www.esoftus.lt/ or http://www.esoftus.com/ (the Store).

You may communicate with the Seller using the following contact information:

Phone: +(370) 625 20000 Email address: info@esoftus.com Address: Eglinės Sodų g. 83, Vilnius 11132, Lithuania

You have the right to purchase at the Store only if you have the capacity to enter into a binding agreement with the Seller under the applicable laws and if you agree to comply with these Terms and the applicable laws. If you are under 18 years of age, you may purchase at the Store only with the consent of your parents or other legitimate representatives. By placing an order of the Products at the Store (the Order), you confirm that you are 18 or more years of age or that you have the consent from your parents or other legitimate representatives, or if you act on behalf of a legal person, you confirm that you are the legal representative of that legal entity and have the right to assume obligations on its behalf.

PURCHASING

Whenever you visit the Store and select the Products, a shopping cart will be created based on your choices (the Shopping Cart).

Once the Shopping Cart has been created, you will have to enter the information necessary for the provision of the Products selected. Make sure that the submitted information is correct and that the ordered Products comply with your wishes. You will have an option to correct errors, if any, before confirming the Order. Personal data provided by you will be processed in accordance with the Privacy Policy.

You agree that by placing an Order with the Store, you undertake to pay the price for the Products indicated in the Order. The price specified by the Store and on the Order includes all taxes. All prices at the Store and on the Order are indicated in Euros.

You may pay at the Store in the following ways: e-banking, credit card, wire transfer, PayPal, as well as all the payment methods offered by Paysera. Payment must be made immediately after placing the Order.

Following your confirmation of the Order, the Seller will receive full information about the Order. The Order will be deemed placed when received by the Seller, which will mean, at the same time, an agreement made between you and the Seller. Nevertheless, the Seller’s obligation to carry out such agreement will not arise unless the Seller receives a payment service provider’s confirmation of payment for the Order.

Once the Order has been placed and paid for, an email letter (contract confirmation) will be sent to the address indicated by you to specify the content of the Order and the details provided by you.

Having received the confirmation of payment for the Order, the Seller undertakes to carry out your Order.

Unless otherwise stated in the description of the Software, the Software shall be made available electronically by way of Electronic Software Delivery (ESD), by providing you with the Software download link and its activation code. Other Products are provided in the manner indicated in the description of the Products or elsewhere on the Store and/or by the Product developer.

CHARACTERISTICS AND QUALITY OF THE PRODUCTS

Characteristics of the Products will be included in each description of the Products provided at the Store. The Seller will seek to ensure that the Products comply with the legal requirements and are suitable for their intended use.

The Seller undertakes to deliver the Products which correspond to the information given in the description of the Products provided at the Store.

All information about the functionality of the Software, including applicable technical safeguards, compatibility with hardware and software, is provided by the Software developer. Please read this information before placing your Order.

Software updates are provided by the Software developer during the license period in accordance with the procedures established by the Software developer.

The Software and other Products may be owned by third parties and they may be provided through third party services. The Seller will take all the actions within its powers in order to ensure that the third-party services are duly performed and do not impede the provision of the Products; however, the Seller shall not be responsible for the actions or inactivity of such third parties. If the Product may not be duly delivered due to the reasons attributable to third parties, the Seller shall offer means to eliminate such deficiencies.

PRODUCT USE

Upon purchase of a Product, you are granted a right (license) to use the Product under the following main conditions that you undertake to adhere to (unless other rights are expressly granted by the developer of a particular Product):

· To use the Product only under the conditions, purposes and scope set by the developer of the Product.

· To use the Product only personally and you do not have the right to copy, transfer (for or without remuneration) or grant others the right to use (for or without remuneration) the Product (or any part thereof).

· You do not have the right to modify, change, translate the Product to other languages, remake the Product or create any derivatives.

· The rights granted to you are non-exclusive.

· You may use the Product for as long as specified in the license or description of the Product.

INTELLECTUAL PROPERTY

By using the Store, you understand and acknowledge that: (a) all intellectual property rights in the Products and individual parts thereof; (b) all trademarks or other marks affixed to the Products; (c) all trademarks and logos used in the Store, the domain name, the Store itself and the website on which it is hosted, or websites or services for the presentation of the Products; (d) all their individual elements, including texts, photographs, drawings and all materials, (e) the presentation, image and design of any page of the Store or website, and (f) all intellectual property rights in them exclusively belong to the Seller and/or other persons. You undertake not to copy, modify or otherwise use these intellectual property objects without the separate written consent of the Seller or another rightsholder.

CONTRACT WITHDRAWAL

This part of the Terms applies only if you purchase at the Store as a consumer (i.e., a natural person, who is acting outside the scope of an economic activity (trade, business, craft, etc.)). If you purchase at the Store as an entrepreneur or a representative of a legal entity, you do not have the right to withdraw from the contract, unless it is expressly agreed with the Seller.

If you purchase Software or Content at the Store, the contract begins to be performed (that is, the Software or Content is provided to you) immediately after the payment of the Order made by you. Therefore, in accordance with Article 6.228(10) part 2 item 13 of the Civil Code of the Republic of Lithuania, you are not entitled to withdraw from the contract.

You have the right to withdraw from the contract within 14 (fourteen) calendar days in the following cases and conditions:

· If you purchase Content the provision of which has not begun immediately after the payment of the Order made by you, the right of withdrawal is valid only until the provision (performance) of the Content has begun, and the 14 (fourteen) days term starts to run from the date of placing the Order with the Seller.

· If you purchase the Services on the Store, the right of withdrawal is valid only until the Services are provided, and the14 (fourteen) days period starts to run from the date of placing the Order with the Seller.

If you wish to exercise this right, you must contact the Seller by e-mail and attach a proof of purchase within the indicated time limits.

If you withdraw from the contract, the Seller undertakes to return to your specified bank account any money paid by you for the Content or Services no later than within 14 (fourteen) calendar days from the date on which you notified the Seller of the withdrawal by e-mail.

By purchasing at the Store, you confirm that you agree that the supply (performance) of the Software or Content begins or that the Services be provided before the expiry of the 14 (fourteen) days term and acknowledge that you will lose your right of withdrawal.

LIABILITY

The Seller’s liability for the quality of the Products is determined in the applicable laws and regulations.

You must install and maintain the Software yourself in accordance with the procedures established by the Software developer. The Seller shall not be liable for the proper functioning of the Software, errors, as well as any damages that may arise to you as a result of your use of the Software, including loss or damage to data. All claims in this connection must be made directly to the Software developer.

You purchase and use the Products at your own expense and at your own risk. The Seller shall not be liable for and shall not compensate your losses if it turns out that the Product is not suitable for your specific activities or does not meet your needs. If you are not sure about choosing a Product, consult a professional in the relevant field.

You must provide the Seller with the requested information which must be accurate and complete and adhere to these Terms.

You are responsible for the security of your username, password or other data that allow you to access the Store or use the Products. However, if you notice that someone is using your username and password in an unauthorized way, please contact the Seller immediately.

MODIFICATION AND DISCONTINUATION

The Seller will be free to modify these Terms from time to time. The latest (valid) version of the Terms will always be available at the Store. You must read the Terms then in effect before confirming your Order. When confirmed, the Order will be governed by the Terms in effect on the confirmation date.

The Seller will be allowed to stop selling online (close the Store) at any time. Such discontinuation of activity will not affect any Product sale and purchase agreement then in effect.

MISCELLANEOUS

The laws of the Republic of Lithuania will apply to the execution and interpretation of these Terms and of each sale and purchase agreement.

Any dispute, disagreement or claim arising out of, or in connection with, these Terms or any sale and purchase agreement concerned (including any breach, termination, or validity of the same) shall be settled by negotiation. If the parties fail to agree, disputes shall be settled in accordance with the laws of the Republic of Lithuania. The subject of out-of-court settlement of consumer disputes, which is competent to resolve consumer disputes arising from these Terms, is the State Consumer Rights Protection Authority (address: Vilniaus g. 25, LT-01402 Vilnius, tel. +37052626751, e-mail tarnyba@vvtat.lt; website http://www.vvtat.lt) or http://ec.europa.eu/odr/.

All notices and other communications relating to the purchase at the Store and to these Terms will be delivered via email (if to the Seller – at the email address indicated above, and if to you – at the email address given when placing your Order).

If any provision of these Terms is or becomes invalid (either in whole or in part) that will not affect the validity of the remaining provisions.

These Terms were last updated on 14 June 2022