1.1. These General Terms and Conditions (the “T&Cs”) govern the entire relationship between you the Client and Fasting Solutions, UAB, company code 305493557, registered address at Antakalnio 17, Vilnius, Lithuania, office address at Antakalnio 17, Vilnius, Lithuania, e-mail: [email protected] a company incorporated under the laws of Lithuania, data about the company is stored and kept with the Register of Legal Entities of the Republic of Lithuania, who provides Services via the Website or the Mobile app. [Nevertheless, in cases the Client purchases Goods by using the Services, Client’s contracting party shall be Max Nutrition, UAB, company code 305420438, registered address at Gedimino pr. 1A-13, Vilnius, Lithuania, office address at Antakalnio 17, Vilnius, Lithuania, e-mail [email protected], a company incorporated under the laws of Lithuania, data about the company is stored and kept with the Register of Legal Entities of the Republic of Lithuania. Any conclusion of Agreement regarding the sale of Goods shall bind solely Max Nutrition, UAB that is the owner and seller of the Goods.
1.2. Before the Distance contract is concluded, the Client will be provided with the text of these T&Cs electronically or in durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way these T&Cs are available for Client`s review at the Company`s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client`s request.
1.3. The Client is obliged to carefully read these T&Cs before accepting them and using the Services of the Company.
1.4. The Client is also advised to read the answers to the “Frequently Asked Questions” which are published on our Website or Mobile app.
2.1. Part of the definitions are defined in the introductory part of these T&Cs. Unless these T&Cs provide otherwise, wherever used in these T&Cs, including the introductory part, the following terms when capitalized shall have the following meanings:
shall mean these T&Cs for providing Services [and/or Goods] concluded online by the Company and the Client.
shall mean the user of the Company’s Services [and/or the buyer of Goods] as explained in these T&Cs.
shall mean Fasting Solutions, UAB, company code 305493557, registered address at Antakalnio 17, Vilnius, Lithuania, office address at Antakalnio 17, Vilnius, Lithuania, e-mail: [email protected] a company incorporated under the laws of Lithuania, data about the company is stored and kept with the Register of Legal Entities of the Republic of Lithuania. [Notwithstanding the above, for the purposes of Sections 5.5 and 6.3-6.5, and any other provisions related to sale of Goods, the Company shall refer to Fasting Solutions, UAB, company code 305493557, registered address at Antakalnio 17, Vilnius, Lithuania, office address at Antakalnio 17, Vilnius, Lithuania, e-mail [email protected], a company incorporated under the laws of Lithuania, data about the company is stored and kept with the Register of Legal Entities of the Republic of Lithuania.]
shall mean the offer to enter into this Agreement of Services [and/or Goods] provided by Company to the Client through the Website or Mobile app.
shall mean the Digital content provided by the Company to the Client as well as the accessibility to the Website or Mobile app, including information, text, images offered or provided there.
shall mean individual digital meal plans and/or other digital content sold from time to time online by the Company.
shall mean supplements and/or other products in physical form sold online by the Company.
shall mean a contract concluded between the Company and the Client within framework of system organized for the distance sale of Digital content and/or Goods
shall mean the website of the Company available at dofasting.com.
the mobile application of the Company DoFasting, that may be downloaded by the Client from App Store and/or Google Play.
Submission of the Offer
3.1. The Company will provide the Client with a possibility of receiving an Offer.
3.2. The Client will be asked to provide certain information before receiving the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct and comprehensive information that is requested to be provided.
3.3. Upon submission of the information established in Section 3.2. of these T&C, the Client will be provided with the Offer. The Offer will include information on the following:
3.3.1. payment amount for the relevant Services [and/or Goods];
3.3.2. payment options: via credit card or other allowable payment form;
3.3.3. other information Company finds important to include in the Offer.
3.4. Accepting the Offer
3.4.1. The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions”. Once the Client agrees with the T&Cs, the Client will be required to press the button “Submit”.
4.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 3.4.1.
4.2. As the Client will accept the Offer electronically, the Company will immediately confirm receipt of acceptance of the offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client or on the Mobile app.
4.3. In case the Agreement between the Company and the Client consists of Digital content the Client agrees to lose his/her right of withdrawal of the Agreement.
4.4. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company`s Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
5.1. During the period of validity indicated in the Offer, the price for the Services [and/or Goods] being offered will not increase, except for price changes in VAT-tariffs.
5.2. The Client agrees to:
5.2.1. purchase Services [and/or Goods] by using valid credit card or other allowed form of payment;
5.2.2. provide the Company current and complete information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is inaccurate or incomplete, Company reserves the right to refuse to confirm Client`s payment at their sole discretion and Client forfeits any right to refund paid amount.
5.3. After the Client is transferred to the third party payment services, the risk of loss or damages will pass on the Client and/or third party service.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.
5.6. Your payments are processed by Kilo grupė, UAB, company code 303157579, registered address at Antakalnio str. 17, LT-10312 Vilnius, Lithuania. For a refund or a complaint, please contact [email protected]
Refund and Return Policy
6.1. Under the applicable legal acts, the Client has a right to change their mind and return delivered (received) goods within 14 (fourteen) days from the day of delivery. However, there is also an exception established by those legal acts, according to which, the right to return goods is not applicable for contracts regarding the supply of Digital content in case the provision of such Digital content has already commenced. Therefore, in case the Digital content is already provided to the Client as indicated in Section 4.2, the Client loses his/her right of withdrawal of the Agreement.
6.2. After the Digital content has already been provided to the Client as indicated in Section 4.2 [or in the event the Section 6.3 does not apply in case of the Goods], the Client is entitled to get a refund for it from the Company only if the Client proves the product [(either Digital content or Goods)] to be not as described or faulty. In such cases, Client must contact our customer support at [email protected] within 14 days upon purchase and provide detailed information proving Company’s product [(either Digital content or Goods)] fault (with visual proof attached). Once a refund is issued, Client no longer has the access to Company’s product [(either Digital content or Goods)]. All refunds are applied to the original method of payment. By purchasing the Services, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.
[6.3. Due to reasons related to health care and hygiene, the Client has a right to change their mind and return a delivered (received) Goods within 14 (fourteen) days from the day of delivery only if the following procedure is adhered:
6.3.1. The Client has notified the Company about his/her decision to return the Goods within 14 (fourteen) days from the delivery of relevant Goods at [email protected] and before returning the Goods.
6.3.2. Without undue delay and no later than within 14 (fourteen) days from the notice of his/her decision the Client has returned the Goods to the Company. The Client bears the costs of return.
6.3.3 The Goods are in the original packaging and unopened, in a condition fit for resale.
6.4. After receiving and inspecting the returned Goods, the Company will refund the price that the Client paid for the Goods (including the delivery costs) no later than within 14 (fourteen) days from the day on which the Company receives the Goods back.
6.5. In all cases the Company has a right to suspend the Client’s refund until the Company receives back and inspects the Goods.
Shipmonk c/o Max Nutrition LLC, 6010 N. Cajon Blvd., San Bernardino, CA 92407, USA
Intellectual Property Rights
7.1. All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other rights related to the Services are owned by the Company.
7.2. The Client is forbidden to reproduce, publish Services including but not limited to Digital content supplied and/or provided by the Company in whole or in part without Company`s prior written consent.
7.3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services.
Use of Digital content
8.1. All intellectual property rights specified in Article 6.1 and relating to Digital content are owned by the Company. The Client will only be granted a non-exclusive, non-transferable and non-sublicensable licence to the Digital content provided.
8.2. The term of this licence shall be granted for a term of 5 years from the date of receiving Digital content.
8.3. Unless expressly otherwise provided, Digital content must only be intended for personal and non-commercial use.
8.4. The Client is not authorised to edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Company.
8.5. The Company is authorised for the purpose of enforcing intellectual property rights, impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
8.6. If the Client acts in contravention of this article, the Company will be authorised to suspend access to the relevant Digital Content, notwithstanding Company`s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
Selling Digital content
9.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending copies online.
11.1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
11.2. The liability of the Company is limited to direct losses, unless otherwise provided under the applicable laws.
11.3. Due to the nature of Services [and/or Goods] that the Company provide and as the Company cannot control whether the Client sticks to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services [and/or Services].
11.4. As Fasting Solutions, UAB is only an administrator of the Website or Mobile App and provider of the Services while it is Max Nutrition, UAB, who owns and sells the Goods, Fasting Solutions, UAB shall not in any case bear any responsibility with respect to the Goods or delivery thereof. All claims, requests and other communication related to the Goods must be submitted directly to Max Nutrition, UAB. Accordingly, Max Nutrition, UAB shall not in any case bear any responsibility with respect to the Website and/or Services provided by Fasting Solutions, UAB.
11.5. When using Services the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. The Client acknowledges and agrees that the Company is not responsible for the availability of such websites or mobile apps. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites or mobile apps.
12.1. Before trying [meal plan or diet] [and/or Goods] by the Company, the Client health should be evaluated by his/her healthcare service provider or he/she should consult with a healthcare service provider.
12.2. The Company clearly states that it is not a medical organisation and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health. The Company encourages the Client to seek appropriate medical advice or assistance before using Company`s Services.
13.1. The Services are available only to individuals that can form legally binding contracts under EU law therefore the Client confirms that he/she is at least 18 years old. If the Client is accessing Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that person legal guardian and is responsible for that person`s compliance with these T&Cs and will indemnify Company for any losses or damages that Company will suffer as a consequence of failing to comply with these T&Cs.
Validity and Termination
14.1. Agreement comes into effect after the Client accepts it, and electronically expresses its consent to comply with them, and it shall remain in effect for an indefinite period until termination thereof.
14.2. The Company may terminate the relationship with the Client at any time in the following cases: (i) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
Changes to T&Cs
15.2. The Company shall give notice to the Client of any by sending an email to the primary email address provided by the Client. The changes will be also announced publicly on the Website or Mobile app.
15.3. The Client shall be notified about amendments to these T&Cs and any additional terms and conditions that may apply not later than 60 calendar days prior to the effective date of the amendments. The text of the amendments to the conditions shall be provided in English.
15.4. If before the effective date of the amendments the Client does not notify the Company of its disagreement with the amendments to the T&Cs, it shall be deemed that the Client agrees with these amendments. If the Client disagrees with the amendments to the T&Cs, it shall be entitled to terminate T&Cs free of charge by serving a prior notification to the Company by e-mail before the day on which the amendments will take effect
16.1. In general, the Company prefers communication by e-mail. By accepting these T&Cs, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information as stipulated in Section 3.2. The Company may publish information related to this Agreement or Services on the Website or Mobile app as well. The Client should check its e-mail messages as well as information provided on the Website or the Mobile app regularly and frequently. E-mails may contain links to further information and documents.
16.2. Where applicable laws require provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with download function to retain such information and documents permanently for future reference. The Client is requested to keep copies of all communications from the Company.
16.3. The Client may request a copy of these T&Cs or any other contractual document by contacting [email protected]
16.4. The communication with the Client will be made in English, unless the Company and the Client agree to communicate in another language.
16.5. The Client may contact us at any time by sending a message to [email protected]
17.1. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected] Any complaints in relation to the Goods provided to the Client should be addressed to Max Nutrition, UAB by contacting [email protected] By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. The relevant Company will send to the Client a complaint acknowledgement to the e-mail address from the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.
17.2. Client’s requests (complaints) shall be analysed by the Company free of charge.
17.3. If Company’s response to the Client’s complaint does not satisfy the Client or no answer has been provided thereto, the Client has the right to file claim with the regulatory institutions or courts.
18.1. No person other than the Client shall have any rights under these T&Cs.
18.2. Client may not assign any rights under the Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under the Agreement in full or in part to any third party.
18.3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of Lithuania, except where prohibited by the applicable laws.
18.4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.