Terms of Use
Effective: February 28, 2024
1. Definitions
User – a legally competent natural person aged 18 or over who uses the Application. Partner – means a merchant who has signed a collaboration agreement with MB Gera ferma and who sells their products through the Application. Account – the User's account in the Application, containing information that the User provides and enters in their profile in the Application, and by using which the User can access the functionalities provided by the Application. Purchase Contract – a contract for the purchase of Partner Products and possible delivery services under an Order, which were ordered using the Application. Upon placing an Order through the Application, the Purchase Contract becomes a binding contract between the Partner and the User. Products – means food products and other consumer goods that the Partner makes available for purchase through the Application. Privacy Policy – the privacy policy of the Nuar Application, posted in the Application. Application – the mobile application created by MB Gera ferma for iOS and Android devices, in which Users can order Products from Partners using the Application's functionalities. Contract – a contract between the User and MB Gera ferma for the provision of services related to the Application, under which Nuar assumes certain obligations towards the User regarding the ordering of Products and the use of the Application. Parties – MB Gera ferma and the User. Each of them separately is referred to as a "Party". Terms – these terms of use of the Application, which establish the basic conditions and procedures for using the Nuar Application, as well as the rights and obligations of the Parties. MB Gera ferma – MB Gera ferma, legal entity code 306670786, address: Krivių g. 5, Vilnius, Republic of Lithuania, which created the Application, Platform and Website and administers them. MB Gera ferma acts as the Partner's representative-commercial agent.
2. General Provisions
The Terms are a legally binding document. Every person using the Application must comply with the Terms, regardless of whether they are a registered User. The Application can only be used after familiarizing yourself with the Terms and committing to abide by them. If a User does not agree with the Terms (or part of them), they cannot use the Application. When the User downloads the Application to their device, performs the necessary registration steps, familiarizes themselves with the Terms and confirms their familiarity with the Terms in the manner specified in the Application, the Terms become a valid and legally binding Contract between the User and MB Gera ferma. MB Gera ferma may change the Terms if the Application is improved or changed, if MB Gera ferma's business or service provision model changes, or if changes to the Terms are necessary due to changes in legislation or instructions from state authorities. Users will be informed of changes to the Terms by a notification in the Application, in the User's Account and by email. If the User uses the Application after changes to the Terms are published, they are deemed to fully and unconditionally agree to the changes. Through the Application, the User can order Products from a Partner. The Parties clearly understand and confirm that Products are provided not by MB Gera ferma, but by the Partner. In relations with Users, MB Gera ferma acts only as the Partner's representative-commercial agent, providing a technological solution – the Application.
3. Application Download and Registration
The Application is a virtual space connecting Users and Partners. The Application allows placing Product orders from various Partners with delivery service. MB Gera ferma is not a store, parcel delivery or Product manufacturing company. To use the Application, the User must download it from the official marketplaces (platforms) "App Store" or "Google Play" and create an account in it. Downloading the Application is free. To register in the Application, the User can enter and/or confirm the following mandatory data in the registration form: first name, surname, phone number, email address. To confirm registration in the Application, the User will receive a temporary code to the phone number provided by the User for registration confirmation. The Account in the Application is created personally for the User and they cannot transfer it or otherwise grant third parties the right to use it. The User is responsible for ensuring that the data provided during registration or later in the Account is accurate, correct and complete. Registration using someone else's data is prohibited. If the User provides incorrect, incomplete or inaccurate data, MB Gera ferma has the right not to register the User in the Application, cancel the User's registration, restrict or suspend the User's ability to use the Application's functionalities.
4. Using the Application
Partners provide information about Products through the Application, including information about Product characteristics and prices. If the User has questions about the Products, the User should contact the specific Partner. When using the Application, the User may be subject to a minimum required Order value. The Partner determines the assortment and price of Products that can be purchased through the Application at their own discretion. When using the Application, the User must: • Ensure they have the necessary connection or network access for using the Application and maintain connection stability • Use the original operating system provided and supported by the manufacturer • Periodically check for updated versions of the Application and use the latest available version • Comply with the Terms and the laws of the Republic of Lithuania The User undertakes: • Not to use the Application for activities related to illegal or criminal purposes • Not to use the Application for activities aimed at harming other Users or third parties • Not to collect, accumulate, publish or distribute data of other Users • Not to store, publish, send or distribute content prohibited or restricted by law • Not to distribute unsolicited advertising or malicious software
5. Order Cancellation
The User cannot withdraw or cancel an Order once they have placed it, unless otherwise expressly stated in these Terms. Before placing an Order, the User must carefully review the Product selection. The User does not have the right to cancel the Order for these Products: • Food products and goods that, due to their nature, cannot be resold or that quickly spoil or become outdated • Products that, due to their nature, become an inseparable part of other products once received Notwithstanding the above, the User has the statutory right to cancel a Product Order within 14 (fourteen) days after receiving these Products. The User can cancel the Order by contacting the Partner within the cancellation period mentioned above and returning the Products to the location specified by the Partner. The User pays the direct costs of returning the Products. Returned Products must be unused and in a condition suitable for resale.
6. Payment for Products
The User pays the purchase price specified in the Order directly to the Partner according to the conditions set by the Partner. The Partner is responsible for preparing and issuing invoices to the User. MB Gera ferma is not responsible for collecting or processing payments from Users on behalf of the Partner.
7. Intellectual Property
All intellectual property rights to the Application, the data stored therein, names, logos, Service names, descriptions, trademarks, software, designs, as well as all their updates, changes, improvements, additions, corrections and new versions belong to MB Gera ferma and these rights are not transferred or assigned to the User. The User grants MB Gera ferma the right to use all content provided by the User in or in connection with the Application, including comments and reviews, free of charge, for an unlimited time, in an unlimited territory. The User has no right to make any changes, modifications to the Application's program code or other components of the Application, apply reverse engineering or perform any other actions that may affect the operation or integrity of the Application.
8. Personal Data
Personal data related to the Application is processed by MB Gera ferma as specified in the Privacy Policy, with which the User must familiarize themselves. MB Gera ferma acts as the data controller for Users' personal data, as the processing of personal data is exclusively related to the Application's functionalities and services that MB Gera ferma provides to the User.
9. Parties' Liability
If a Party's unlawful actions cause damage to the other Party, the guilty Party undertakes to compensate the other Party's direct losses. MB Gera ferma is not liable for: • Errors and failures in the communication systems used by the User • Application use disruptions due to cyber attacks or viruses • Failures or loss of the User's device • Improper operation of the operating system used by the User • Improper operation of the Application due to failure to follow its installation or update instructions • Improper operation of the Application that arose from not updating it in time • Improper operation of the Application that arose due to the User's intent or gross negligence The Application operates on "as is" and "as available" principles. MB Gera ferma does not guarantee that access to the Application will be uninterrupted or error-free.
10. Exchange of Information
All notices, requests, other documents related to the Terms are sent to the User to their Application Account and/or to the email address provided in the Application. The User must immediately inform MB Gera ferma of any changes to their contact details by updating the data in the Application. The User must send notices to MB Gera ferma to the contact email robertas@nuar.app.
11. Final Provisions
The Terms and Contract are governed by the law of the Republic of Lithuania. All disputes arising between the Parties regarding the Terms shall be resolved through negotiations. If the Parties fail to resolve the dispute through negotiations within 30 (thirty) days, disputes shall be finally resolved in accordance with the laws of the Republic of Lithuania. A User who is considered a consumer may also resolve disputes with MB Gera ferma electronically without going to court. First, such User must contact MB Gera ferma in writing by email at robertas@nuar.app. If MB Gera ferma does not respond to the consumer's claim or does not satisfy the consumer's claim within 14 days of receiving the claim, they may submit a request and/or complaint to the State Consumer Rights Protection Service (Vilniaus g. 25, 01402 Vilnius, by email tarnyba@vvtat.lt, www.vvtat.lt) or fill out a request form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. MB Gera ferma Krivių g. 5 Vilnius, Lithuania Company code: 306670786