Terms & Conditions
1. Introduction
1.1. These General Terms and Conditions (the "Agreement") governs the entire relationship between the Client and the Company.
1.2. Prior to the conclusion of the Distance Contract, the Client will be provided with the text of this Agreement in electronic form or in another durable medium. If it is not reasonably possible to provide the text in this way, the Company shall inform the Client, prior to the conclusion of the Distance Contract, how the Agreement may be reviewed at the Company's premises and that the Agreement will be sent free of charge to the Client upon request, as soon as possible.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT THEIR USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
1.4. This Agreement contains dispute resolution provisions that, as further set forth in Section 18 below, establish procedures for resolving disputes in accordance with Lithuanian law and EU regulations.
2. Definitions
2.1. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
(a) Agreement – shall mean the agreement for the provision of Services and/or Goods concluded online between the Company and the Client.
(b) Client – shall mean the user of the Company's Services and the buyer of Goods as explained in this Agreement.
(c) Company – shall mean UAB Kernel Commerce, a company registered in Lithuania under company code 307062242, with its registered address at J. Savickio g. 4-7, LT-01108 Vilnius, Lithuania, and email address support@agecapsule.com.
(d) Offer – shall mean the offer to enter into this Agreement of Services and Goods provided by the Client to the Company through the Website.
(e) Privacy Policy – shall mean the privacy policy of the Company published on the Website.
(f) Services – shall mean the Digital Content provided by the Company to the Client as well as the accessibility to the Website, including information, text, images offered or provided there, and also the subscription to the Goods.
(g) Goods – shall mean supplements and/or other products in physical form sold online by the Company.
(h) Digital Content – shall mean individual digital content sold from time to time online by the Company.
(i) Distance Contract – shall mean a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Goods and/or Digital Content.
(j) Website – shall mean the website of the Company, available at https://agecapsule.com.
3. Submission of the Offer
3.1. The Company will provide the Client with a possibility of submitting an Offer.
3.2. The Client will be asked to provide certain information to submit 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 this Agreement, the Client will have submitted 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. available payment options, including credit card or other accepted payment methods;
3.3.3. other information Company deems important to include in the Offer.
3.4. Acceptance of the Offer
3.4.1. All Offers are subject to acceptance by the Company. The Company reserves the right to reject or cancel any Offer to purchase Services and/or Goods through the Website, in whole or in part, for any reason or no reason, in the Company's sole discretion. The Company reserves the right to request and/or verify additional information before accepting any Offer or shipping any Goods.
3.5. The Goods sold on the Website are intended for personal use only and not for resale. The Client is prohibited from reselling any Goods purchased through the Website without the Company's separate written consent. The Company reserves the right to cancel orders that appear to be for resale purposes.
4. Distance Contract
4.1. The Distance contract will be concluded at the moment when the Company accepts the Offer and as indicated in Section 3.4.1.
4.2. The Company will confirm 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.
4.3. 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 guarantee 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.
4.4. From time to time and without prior notice to the Client, the Company may change, expand and improve the Services. The Company may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in the Company's sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client's use of the Services does not entitle the Client to the continued provision or availability of the Services.
4.5. The Client furthermore agrees that:
4.5.1. they shall not access the Services (including for purchasing Goods) if they are under the age of 18;
4.5.2. the Client will deny access to the Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors;
4.5.3. The Client is an end user and does not intend to resell the Goods.
5. Payments
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. pay all additional costs, fees, charges, applicable taxes, and other charges that may be incurred by the Client;
5.2.2. purchase Services and/or Goods by using a valid credit card or other allowed form of payment;
5.2.3. provide Company current, correct and complete information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, accurate or complete, Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and Client forfeits any right to refund paid amount.
5.3. Once the Client is redirected to the third-party payment service provider, the risk of loss or damages will pass on to the Client and/or the third-party service. The Client's online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive data related to the payment will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to the third-party payment services. The Company reserves the right to change the third-party payment service provider at its sole discretion.
5.4. All prices and costs are in EUR 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 the Offer is accepted by the Company. Shipping costs and payment fees are recognized before confirming the purchase. If the Client is under 18 years old the Client must have parents' permission to buy from the Company.
5.6. All transfers made through the Company are handled and processed through dedicated third-party gateways to ensure Client protection. Card information is not stored, and all card information is handled via SSL encryption. The Client must read the terms and conditions of the payment gateway selected for the transaction, as payment gateway is responsible for the transactions made.
5.7. Your payments are processed by UAB Kernel Commerce. Please note that local charges (sales tax, customs duty, VAT) may occur, depending on the Client's region and local customs duties. These charges are at the Client's own expense. If you need a refund or want to file a complaint, please contact support@agecapsule.com.
6. Subscription
6.1. In order to ensure that the Client does not experience an interruption or loss of Services, Goods, or Digital Content for subscription purchases, all subscription purchases (Services, Goods, or Digital Content) are offered on AUTOMATIC RENEWAL.
6.2. EXCEPT FOR THE REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE UPON THE EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD THAT IS EQUAL IN LENGTH TO THE MOST RECENT SERVICE PERIOD. For example, if the Client's last service period was for 3 months, the renewal period will typically be for 3 months.
6.3. Unless the Client cancels the subscription, the Company will automatically renew the applicable subscription when it comes up for renewal and will take payment from the payment method associated with the Services, Goods, or Digital Contents in the Client's account.
6.4. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company's then current rates, which Client acknowledges and agrees may be higher or lower than the rates for the original service period. Limited time offers might be subject to different terms of automatic renewal.
6.5. IF THE CLIENT DOES NOT WANT THE SERVICE TO AUTOMATICALLY RENEW, they can choose to cancel the subscription at least 48 hours before the end of the current period. (SUBSCRIPTION CAN ONLY BE CANCELED AFTER THE SECOND SUBSCRIPTION CHARGE IS MADE (AS SPECIFIED IN SECTION 6.6.)) In such a case, the subscription will be terminated upon the expiration of the current term unless the Client manually renews the subscription before that date. PLEASE NOTE THAT DIGITAL CONTENT SUBSCRIPTION AND SUPPLEMENTS SUBSCRIPTION ARE MANAGED SEPARATELY AND CLIENT WILL NEED TO CANCEL THEM SEPARATELY OR INDICATE TO CUSTOMER SUPPORT THAT CLIENT WANTS TO CANCEL BOTH SUBSCRIPTIONS. THE CUSTOMER WILL BE ASKED TO AUTHORIZE THE CHARGE THROUGH SELF SERVICE.
6.5.1. If the Client fails to cancel at least 48 hours before the end of the current period, the subscription will automatically renew, and any cancellation will be effective at the end of the renewed period. For digital content subscriptions, the Client will continue to have access to digital content for the duration of the renewal term. For physical Goods (such as supplements) subscriptions, the Client will continue to receive recurring shipments of supplements.
6.6. IN CASE THE CLIENT PURCHASED A SUBSCRIPTION AND WISHES TO CANCEL THE SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE IS MADE, THEN THE COMPANY WILL REQUIRE THE CLIENT TO RETURN ALL DISCOUNTS APPLIED. OUR SUBSCRIPTION PLANS ARE OFFERED AT A DISCOUNTED PRICE COMPARED TO THE SINGLE PURCHASE PRICE. CLIENTS WHO WISH TO CANCEL THEIR SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE WILL BE REQUIRED TO PAY THE DIFFERENCE OF THE SUBSCRIPTION PLAN PRICE AND THE REGULAR PRICE TO THE COMPANY, IN CASE CLIENT SELECTS THE TERMINATION, THEN THE CLIENT WILL BE ASKED TO AUTHORIZE THE CHARGE THROUGH SELF SERVICE. This measure is taken by the Company to avoid circumvention attempts by the Client.
6.7. The Client also has a right to pause their subscription at least 48 hours before the end of current period, Client can do it by contacting the Company. The subscription will be paused for a 30 days period, afterwards the subscription will automatically renew according to the terms then applicable.
6.8. The Client may cancel the subscription by contacting the support team at support@agecapsule.com.
6.9. If the Client has purchased a subscription for Goods, they may change their shipping address for recurring shipments by contacting the support team at support@agecapsule.com at least 72 hours before the end of the current period. If the shipping address changes have not been made or have been made in violation of the procedure outlined and the recurring shipment has been shipped, the Company is not responsible for any damages the Client has incurred or may incur as a result.
6.10. The Company may, from time to time, offer short term trials, promotions or other offers ("Special Deals") that may include additional terms and conditions applicable in conjunction with this Agreement.
6.10.1. The Company may offer trials of paid subscriptions for a limited time at a special price or without payment ("Trial"). At the end of the Trial period, the Company will automatically begin charging the Client for the subscription on a recurring basis at the interval disclosed in the Special Deal, as chosen by the Client. If the Client does not wish to be charged, they must cancel the subscription before the end of the Trial period.
7. Return Policy
7.1. The Client has the right to return delivered (received) Goods for a refund within 30 days from the date of delivery, as described in this Return Policy, in accordance with EU Consumer Rights Directive. A refund will be issued if the product is a) unopened and in its original packaging and in a condition fit for resale or b) not as described or faulty. Please note that in the case of subscription purchases, refunds for products that are unopened and in its original packaging will only be issued for the initial purchase and not for recurring subscription goods.
7.2. If the Goods are not as described or faulty, The Client must notify the Company of their decision to return the Goods within 30 days of delivery by sending an email to support@agecapsule.com and provide detailed information proving the Company's product fault (with visual proof attached) and valid proof of purchase in the form of a receipt or invoice that clearly states the date and location of purchase. After inspection the customer success team will provide a prepaid shipping label to the Client at the cost of 15 EUR, which will be deducted from the final refund. The package with the Goods must be sent using the prepaid shipping label within 30 days of notifying the Company. The pre-paid shipping label provided by the Company must be used due to warehousing requirements and the Company cannot provide a refund if the Client uses a separate shipping label.
7.3. If the product is in its original packaging, unopened, and in a condition fit for resale (required for the reasons of health and hygiene) the Client has a right to return the delivered (received) Goods by notifying the Company of their decision to return the Goods within 14 days of delivery by sending an email to support@agecapsule.com and provide valid proof of purchase in the form of a receipt or invoice that clearly states the date and location of purchase. After inspection the customer success team will provide a prepaid shipping label to the Client at the cost of 15 EUR, which will be deducted from the final refund. The package with the Goods must be sent using the prepaid shipping label within 30 days of notifying the Company. The pre-paid shipping label provided by the Company must be used due to warehousing requirements and the Company cannot provide a refund if the Client uses a separate shipping label.
7.4. Once the Company receives and inspects the returned Goods, a refund will be issued and authorized by the same payment method used for the purchase to the Client for the price they paid for the Goods (excluding the return costs) within 30 business days in accordance with EU regulations. Please note that, after that, it may take an additional up to 30 working days for the refund to appear in the Client's bank account. If the Client fails to meet the deadlines outlined in our Return Policy, the Company will be unable to offer a refund.
7.5. The Company reserves the right to suspend the Client's refund until the Company receives and inspects the Goods. Goods will not be refunded if the product has been altered, abused, misused, lost, damaged by accident, damaged by unauthorized adjustment, damaged from shipping or normal wear and tear and/or damaged by failure to provide reasonable and necessary care.
7.6. The Company will not be responsible for refunding or reshipping the order to a different address if the Client did not provide correct or full delivery or contact information (including delivery address and email address).
7.7. The Company's return policy covers ONLY products purchased directly from the Company or from resellers or distributors authorized by the Company who respect our quality control standards. Some Company products may be sold by unverified companies or individuals. The Company cannot ensure the authenticity, effectiveness, quality, safety, or proper storage of products sold by any unverified seller.
7.8. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT THAT IS NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO WAIVE THEIR RIGHT OF WITHDRAWAL FROM THE AGREEMENT IN ACCORDANCE WITH EU CONSUMER RIGHTS DIRECTIVE ARTICLE 16(M).
7.8.1. The Company's policy is not to offer refunds for purchased Digital Content, except in cases where the Digital Content is found to be not as described or faulty. If this is the case, the Client must contact our customer success at support@agecapsule.com within 30 days of delivery and provide detailed information proving that the Digital Content is faulty (with visual proof attached). Once a refund has been issued, the Client will no longer have access to the Company's content. All refunds will be applied to the original method of payment. By purchasing Digital Content, the Client agrees to this return policy and waives any right to challenge it, whether through questions, judgment, or legal actions.
7.8.2. By purchasing Digital content, the Client confirms that they have accepted these Rules, and by accepting these rules Client acknowledges that they hereby lose right of withdrawal.
7.8.3. By purchasing Digital Content, the Client provides consent to begin the performance of this contract, and the Company has fulfilled its obligation to provide the Client with such Digital Content.
7.8.4. Considering the above-mentioned, the Client has explicitly waived their right of withdrawal during the 30 days period as all the preconditions stipulated in the applicable EU legislation were met.
8. Intellectual Property Rights
8.1. With respect to the relationship between the Company and the Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights stemming from or relating to the Services and the content associated with the Services, are owned by the Company.
8.2. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display, perform, publish, or otherwise make available the Services, including but not limited to the Digital Content, in whole or in part, without the Company's prior written consent.
8.3. The Client hereby grants the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, with the right to sublicense (through multiple tiers) and assign to third parties to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works from, adapt, modify and otherwise use, analyze and exploit in any way, whether currently known or discovered in the future, the Client's User Content (excluding User Trademarks) and all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights they may have regarding any User Content. "User Content" means any User Trademarks, communications, images, writings, creative works, sounds, and all other material, data, and information that the Client uploads, transmits, or submits through the Services or that is uploaded or transmitted by other users. By uploading, transmitting, or posting any User Content, the Client affirms, represents, and warrants that such User Content and its uploading, transmission, or submission is a) accurate and not confidential, b) not in violation of any applicable laws, contractual restrictions, or other third-party rights; and that the Client has the permission of any third party whose personal information or intellectual property is contained or embodied in the User Content, and c) free of viruses, adware, spyware, or other malicious code.
8.4. No part of this Agreement is intended or should be construed as a transfer of any intellectual property rights relating to the Services or any content associated with the Services, except as expressly set forth in Section 9.1. below.
9. Use of Digital Content
9.1. All intellectual property rights specified in Section 8.1. and relating to Digital Content are owned by the Company. Digital content is licensed pursuant to this Section 9 and is not sold. The Client will be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use any Digital Content provided by the Company solely for personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
9.2. The license granted under this Agreement shall be valid for a period of 5 years from the date of the Client's receipt of the applicable Digital Content unless earlier suspended or terminated in accordance with this Agreement.
9.3. Unless expressly stated otherwise, the Client must not use any Digital Content for commercial purposes.
9.4. The Client must not edit, reproduce, transmit, lend, or make the Digital Content available to any third parties or use it to perform any acts that exceed the scope of the license provided in this Section 9 by the Company.
9.5. The Company may impose restrictions on the scope of the license or the number or types of devices on which Digital Content can be used.
9.6. If the Client violates this Section 9, the Company may suspend access to the relevant Digital Content without limiting any of the Company's rights or remedies under this Agreement or applicable law, including the Company's right to recover from the Client any losses suffered as a result of or in connection with the infringement, including any incurred expenses.
10. Sale of Digital Content Prohibited
10.1. The Client is prohibited from selling, offering for sale, sharing, renting out, or lending Digital Content or copies of Digital Content.
11. Privacy Policy
11.1. The processing of the Client's personal data is governed by the Privacy Policy and applicable EU data protection regulations, including GDPR. It is recommended that the Client prints and keeps a copy of the Privacy Policy together with this Agreement.
12. Indemnity
12.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's breach of this Agreement or use of the Services, or the Client's violation of any law or the rights of a third party in conjunction with the Client's breach of this Agreement or use of the Services.
13. Liability
13.1. THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT'S SPECIFIC USE, AND IT IS THE CLIENT'S RESPONSIBILITY TO VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE WEBSITE OR RECEIVED THROUGH THE CLIENT'S USE OF THE SERVICES ARE SOLELY THE CLIENT'S RESPONSIBILITY.
13.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES, (iv) CLIENT'S RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT'S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED THE AGGREGATE AMOUNT PAID BY CLIENT TO COMPANY FOR THE GOODS IN THE TRANSACTION(S) THAT CAUSED THE DAMAGES.
13.3. A party to this Agreement shall be released from responsibility for non-fulfillment if it can prove that the non-fulfillment was due to force majeure. The Company shall not be liable for any losses caused by force majeure, including riots, war, natural events, or other occurrences for which the Company is not responsible (such as strikes, lockouts, traffic delays, or administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure that prevents the fulfillment of this Agreement within 30 calendar days from the date of such circumstances. The Company shall notify the Client about the occurrence of force majeure by email or on the Website if possible.
13.4. UAB Kernel Commerce is the sole company responsible for the Website administration, provision of Services, ownership and sale of Goods, and management of subscription services, payments, refunds, and chargebacks. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
13.5. As the nature of the Services and/or Goods provided by the Company is such that the Client's adherence to the provided use instructions cannot be controlled, the Company provides no warranty as to any results or outcomes arising from the use of the Services and/or Goods.
13.6. The Company may provide links to websites that are not owned or controlled by the Company as part of the Services. These links are provided "as-is", and the Client acknowledges and agrees that the Company is not responsible for the operation of such links. The Company does not guarantee or endorse the content, advertising, products, or other materials available through these links, and the Client acknowledges that the Company will not be held responsible for any damage or loss resulting from the use or reliance of such content, goods, or services. The Client agrees that the Company will not be held directly or indirectly liable for any claims arising from or in connection with the use of any such websites.
14. Medical Disclaimer
14.1. PRIOR TO USING ANY GOODS, SERVICES, OR DIGITAL CONTENT PROVIDED BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH THEIR HEALTHCARE SERVICE PROVIDER.
14.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NO CONTENT, STATEMENT, OR ADVICE IN RELATION TO OR WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO IN PLACE OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM PROFESSIONAL HEALTHCARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING THEIR HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTHCARE PROVIDER.
14.3. The Company encourages the Client to seek appropriate medical advice or assistance before using the Company's Services.
14.4. The Client should not disregard medical advice or delay visiting a medical professional because of something they read on the Company's Website or through other communication channels.
15. Validity and Termination
15.1. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.
15.2. The Company may terminate the relationship with the Client at any time in the following cases: (1) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement, suspected misuse (e.g., unauthorised reselling activities), or for business or operational reasons; (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.
16. Changes to Agreement
16.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time, and such changes shall be effective immediately upon being posted on the Company's Website.
16.2. The amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice of any upcoming changes to the Client by sending an email to the primary email address provided by the Client or by notifying through the Website.
16.3. The Client understands and agrees that any continued use and access to the Services after the changes to the Agreement have been made publicly available means the Client voluntarily agrees to be bound by the new version of this Agreement. If the Client does not agree to be bound by the updated Agreement, they should stop using the Services.
17. Communication
17.1. The Company generally prefers communication by email, and the Client accepts such communication by accepting this Agreement. To ensure effective communication, the Client must have a valid email address and provide it as required in Section 3.2. The Company may also publish information related to the Agreement or Services on the Website. The Client is responsible for checking their email and the Website regularly and frequently, as emails may contain links to further information and documents.
17.2. If applicable laws require providing 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 a download function to retain such information and documents permanently for future reference. The Client is responsible for keeping copies of all communications from the Company.
17.3. The Client may request a copy of this Agreement or any other contractual document by contacting support@agecapsule.com.
17.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
17.5. The Client may contact us at any time by sending a message to support@agecapsule.com.
18. Dispute Resolution
18.1. Governing Law. This Agreement is governed by the laws of the Republic of Lithuania and EU regulations, regardless of the Client's location, and without regard to its principles of conflicts of law.
18.2. Consumer Rights. For consumers residing in the EU, this Agreement does not affect your statutory consumer rights under applicable EU consumer protection legislation.
18.3. Informal Dispute Resolution. Before filing a formal claim against the Company, the Client agrees to participate in informal dispute resolution.
18.3.1. Complaints in relation to the Goods and Services provided to the Client should be addressed to UAB Kernel Commerce by contacting support@agecapsule.com.
18.3.2. The Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances of the complaint. Upon receiving the complaint, the Company will send an acknowledgment to the email address from which the complaint has been received. The Company will consider the complaint and respond to the Client within 14 calendar days of receipt of the relevant complaint.
18.4. Jurisdiction. For any disputes that cannot be resolved through informal dispute resolution, the courts of Lithuania shall have jurisdiction, except where EU consumer protection laws provide for jurisdiction in the consumer's country of residence.
18.5. Alternative Dispute Resolution. EU consumers may also access out-of-court dispute resolution through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/.
19. Miscellaneous
19.1. Only the Client and the Company have rights or claims under this Agreement. Unless decided otherwise by the Company, third parties shall not have any rights to enforce or benefit from the terms of the Agreement.
19.2. The Client is not permitted to assign any rights or obligations under this Agreement to any third party without the prior written consent of the Company. However, the Company may assign or transfer this Agreement, in whole or in part, to any third party at its sole discretion.
19.3. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
19.4. THE USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK, AS THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES TO THE EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EU CONSUMER RIGHTS MAY OVERRIDE CERTAIN EXCLUSIONS. THE COMPANY MAKES NO GUARANTEE THAT THE SITE OR SERVICE WILL MEET THE CLIENT'S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS. THE CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT THEIR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE USING THE SERVICES, SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS. THE CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY DEPENDING ON APPLICABLE EU AND NATIONAL LEGISLATION.
19.5. BY USING OR ACCESSING THE SERVICES, THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
20. Authorized Reseller Requirement
20.1. Authorized Sellers Only: Our products and services may only be sold by authorized retailers and distributors. The unauthorized resale of our products and services is strictly prohibited.
20.2. Legal Action: We reserve the right to take legal action against individuals or entities engaged in the unauthorized resale of our products and services. This includes, but is not limited to, pursuing claims for trademark infringement, breach of contract, and violations of any other applicable laws.
20.3. No Return: Products purchased from unauthorized sellers are not covered by our Return policy.
20.4. Company Responsibility: Our Company does not take responsibility for any issues related to the unauthorized resale of our products and services.
21. Final Provisions
21.1. This Agreement constitutes the entire agreement between the Client and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
21.2. This Agreement has been prepared in English. In case of translation into other languages, the English version shall prevail in case of any discrepancies.
21.3. Any notices required under this Agreement shall be sent to the email addresses provided by the parties.
21.4. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, subject to the limitations on assignment set forth herein.
Last Updated: 2025 September
Contact Information:
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Company: UAB Kernel Commerce
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Email: support@agecapsule.com
For EU consumers: This Agreement complies with applicable EU consumer protection directives and regulations. Your statutory consumer rights are not affected by this Agreement where such rights cannot be waived under applicable law.
