Terms and Conditions of Use of the Online Store www.zemapzinasspeks.lv – Distance Contract
This English translation is provided for convenience only. In the event of any discrepancy, inconsistency or difference in interpretation between the Latvian and English versions, the Latvian-language version shall prevail.
1. GENERAL PROVISIONS
1.1. These Terms and Conditions (hereinafter – the Terms) apply to purchases made through the online store www.zemapzinasspeks.lv (hereinafter – the Online Store), including membership in various groups on the Facebook platform, individual consultations, in-person group meetings, descriptions of various card readings, the personalised product “A Letter to a Woman’s Soul”, as well as other digital, personalised or consultation-related services offered in the Online Store (hereinafter – the Services).
1.2. By purchasing a Service through the Online Store, a distance contract (hereinafter – the Contract) is concluded between the person ordering the Service (hereinafter – the Buyer) and the Service Provider, Vita Katkova, taxpayer registration number 03047310406, legal address: Rīga, Sesku iela 11, k-4-60, LV-1035 (hereinafter – the Service Provider).
1.3. By placing an order through the Online Store, the Buyer confirms that they have read and agree to the terms of the Contract. If the Buyer does not agree with all or part of these Terms, they must not place an order.
2. CONCLUSION OF THE CONTRACT
2.1. The Contract shall be deemed concluded when the Buyer has placed an order through the Online Store and has paid for the Service. The Contract shall remain in force until it has been fully performed.
2.2. Under the Contract, the Service Provider undertakes to provide the ordered Service, while the Buyer undertakes to accept the Service and pay the Service fee specified in the Online Store.
2.3. The concluded Contract shall be stored in the Service Provider’s database.
3. RIGHTS AND OBLIGATIONS OF THE BUYER
3.1. Rights of the Buyer
3.1.1. If the Buyer is a consumer within the meaning of the Latvian Consumer Rights Protection Law, the Buyer may exercise all rights provided for in the Consumer Rights Protection Law, including the right of withdrawal provided for in Section 12 thereof, allowing the Buyer to withdraw from this Contract (hereinafter – the Right of Withdrawal). The Buyer loses the Right of Withdrawal from the day on which the Service has been fully performed.
3.1.2. The Buyer has the right to use the Service solely for their personal needs, without infringing the moral or economic rights of the authors involved in providing the Service.
3.2. Obligations of the Buyer
3.2.1. To accept the Service.
3.2.2. To pay the Service fee, as well as any other payments, where applicable and specified at the time the Contract is concluded. The Buyer shall pay for the Service by making payment to the Service Provider using one of the payment methods specified in the Online Store.
4. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
4.1. Rights of the Service Provider
4.1.1. In special circumstances, to temporarily or permanently suspend the provision of Services through the Online Store without prior notice to the Buyer.
4.1.2. To suspend the Buyer’s access to the Online Store or cancel the Buyer’s registration without prior notice if there are reasonable grounds to suspect that the Buyer is attempting to interfere with the operation of the Online Store.
4.1.3. To unilaterally amend, update and supplement these Terms.
4.2. Obligations of the Service Provider
4.2.1. To provide all necessary conditions for the Buyer to properly use the Services offered by the Online Store.
4.2.2. To provide the Buyer with the ordered Service in accordance with the procedure and within the time limits specified in the Contract.
4.2.3. If, for justified reasons, the Service Provider is unable to provide the ordered Service to the Buyer, the Service Provider shall offer the Buyer an equivalent Service or refund the amount paid for the Service within 30 days.
5. PROCEDURE FOR THE PROVISION OF SERVICES
5.1. The provision of a Service may include preparatory work before the Service is delivered to the Buyer.
5.1.1. Delivery of digital content begins automatically after the order has been confirmed and payment has been received. By placing an order and agreeing to these Terms, the Buyer agrees to the commencement of delivery of the digital content before the expiry of the 14-day withdrawal period and acknowledges that, once delivery of the digital content has begun, the Right of Withdrawal may no longer be exercised in the cases provided for by applicable laws and regulations.5.2. The Service shall be provided to the Buyer as follows:
5.2.1. The Service shall be completed no later than within 30 days from the date the order and all information required for fulfilling the order have been received.
5.2.2. The Service shall be provided to the Buyer by sending it to the email address and/or contact telephone number indicated by the Buyer.
5.3. Product “A Letter to a Woman’s Soul”
5.3.1. The product “A Letter to a Woman’s Soul” may be provided in one of the following ways chosen by the Buyer and indicated in the Online Store at the time the order is placed:
5.3.1.1. as a digital letter in PDF format sent to the email address provided by the Buyer;
5.3.1.2. as a printed letter prepared by the Service Provider and sent by post or parcel locker to the address specified by the Buyer.
5.3.2. In certain cases, the printed Letter may be supplemented with handwritten elements.
5.3.3. When placing the order, the Buyer shall choose the delivery method and pay the corresponding delivery fee. If the delivery method chosen and paid for by the Buyer does not correspond to the delivery address provided—for example, delivery within Latvia has been selected, while the delivery address is outside Latvia—the Service Provider reserves the right not to send the physical Letter. In such a case, the Service Provider shall provide the Buyer with a digital version of the Letter in PDF format or offer the Buyer the option to pay the difference in delivery costs.
5.3.4. The Service Provider shall not be responsible for the actions of third parties, including postal operators, courier services or parcel locker operators, or for delivery delays or loss of the shipment.
5.3.5. If the printed Letter has not been received, the Buyer shall inform the Service Provider thereof within one month from the date of payment for the order.
5.3.6. If the printed Letter has not been received and the Buyer has informed the Service Provider within the time limit specified in Clause 5.3.5, the Service Provider shall, after receiving the Buyer’s notification, provide a digital version of the Letter in PDF format.
6. PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
6.1. The Buyer may exercise the Right of Withdrawal within 14 days from the date of conclusion of the Contract only to the extent and in the cases provided for by the Latvian Consumer Rights Protection Law, taking into account the exceptions set out in this Contract.
6.2. The period for exercising the Right of Withdrawal shall be calculated as follows:
6.2.1. in the case of the provision of Services – from the date of conclusion of the Contract.
6.3. The Buyer may not exercise the Right of Withdrawal if:
6.3.1. delivery of digital content that is not supplied on a tangible medium has begun, and the Buyer has agreed to the commencement of delivery before the expiry of the withdrawal period and has acknowledged that they will thereby lose the Right of Withdrawal;
6.3.2. the provision of the Service has been fully completed and the performance of the Service was commenced with the Buyer’s express consent, with the Buyer acknowledging that they will lose the Right of Withdrawal once the Service has been fully performed;
6.3.3. the Contract has been concluded for entertainment activities and the Service Provider undertakes to provide the Service on a specific date or during a specific period;
6.3.4. another exception to the Right of Withdrawal provided for by applicable laws and regulations applies.
6.4. The period for exercising the Right of Withdrawal expires 14 days after the date of conclusion of the Contract. If the final day of the period falls on an official public holiday, the Right of Withdrawal may be exercised until the end of the following working day, inclusive.
6.5. In order to exercise the Right of Withdrawal, the Buyer must inform the Service Provider of their decision to withdraw from the Contract by means of an unequivocal statement sent by post or email, using the form provided in the Annex.
6.6. In order to meet the withdrawal deadline, it is sufficient for the Buyer to send the notification concerning the exercise of the Right of Withdrawal before the withdrawal period has expired.
6.7. If the Buyer withdraws from this Contract, the Service Provider shall reimburse all payments received from the Buyer without undue delay and in any event no later than 14 days from the date on which the Service Provider was informed of the Buyer’s decision to withdraw from the Contract. The reimbursement shall be made using the same means of payment as the Buyer used for the original transaction.
7. LIABILITY OF THE PARTIES
7.1. The Parties undertake:
7.1.1. To duly perform their obligations under the Contract and to refrain from any actions that may cause harm to the other Party.
7.1.2. The Buyer is fully responsible for the accuracy of the information provided in the registration form. If the Buyer provides inaccurate or incomplete information in the registration form, the Service Provider shall not be liable for any consequences arising therefrom.
7.1.3. The Buyer is responsible for any actions carried out through the Online Store.
7.1.4. The Service Provider shall be released from liability in cases where losses arise because the Buyer, despite the Service Provider’s recommendations and the Buyer’s own obligations, has failed to familiarise themselves with these Terms, although they had the opportunity to do so.
7.1.5. The Service Provider shall not be responsible for information provided on the websites of other companies, even if the Buyer accesses such websites through links available in the Service Provider’s Online Store.
8. PROCESSING OF PERSONAL DATA
8.1. By clicking the “Confirm Order” button, the Buyer confirms that the Buyer and their representatives, where applicable and with the representatives’ consent, agree that:
8.1.1. During the visit to and use of the Online Store, the Service Provider may receive information containing personal data:
– directly, for example, when the Buyer completes a registration form or places an order;
– indirectly, for example, through cookies and other technical means used to monitor the use of the Online Store.
8.2. The Buyer’s personal data shall be processed in accordance with the requirements of applicable laws and regulations governing data processing and protection. When processing and storing the Buyer’s personal data, the Service Provider shall use organisational and technical measures designed to protect personal data against accidental or unlawful disclosure, alteration, or any other unlawful processing.
8.3. By ordering a Service through the Online Store, the Buyer agrees and authorises the Service Provider to register, record, store, organise, use and otherwise process the Buyer’s personal data, as well as any data subsequently provided by the Buyer to the Service Provider, to the extent necessary for the following purposes:
– where the processing of data arises from the Buyer’s orders or contractual obligations, or where processing is necessary for entering into the relevant Contract;
– where the data is necessary for identifying and keeping records of the Buyer;
– where the data is necessary for sending commercial communications, but only on the basis of the Buyer’s separate consent to receive such communications;
– where the data is necessary for the performance of other obligations arising from contractual relationships or duly concluded contracts.
8.4. The Service Provider shall ensure the protection and security of the Buyer’s personal data and shall not disclose such data to third parties, except to the Service Provider’s cooperation partners involved in providing Services through the Online Store, and only to the extent necessary for the performance of contractual obligations.
8.5. The Buyer has the right to request that their personal data be supplemented or corrected, and may also request that the processing of such data be discontinued or that the data be deleted where the personal data is incomplete, outdated, inaccurate, or no longer necessary for the purpose for which it was processed.
The Buyer may amend or delete the information entered in their user account or inform the Service Provider by email at: [email protected].
8.6. Upon submitting a reasoned written request, the Buyer has the right to receive the following information:
– what information about the Buyer has been obtained, the source from which it was obtained, and when the information contained in the data was changed;
– the purpose for which the personal data was processed and information about the recipients of the personal data;
– information on whether the data has been processed by automated means.
8.7. The Buyer’s data shall be retained no longer than required by applicable laws and regulations. The Buyer may request the deletion of their data at any time.
8.8. The Service Provider is entitled to use anonymous and generalised text excerpts created in the course of providing the Services for educational, informational or inspirational purposes, provided that such excerpts do not contain personally identifiable information and do not make it possible to identify a specific person.
8.9. Where a Service is purchased as a gift for a third party, the Buyer confirms that they are entitled to provide the Service Provider with information about that person and that the use of such information for the purpose of providing the Service does not infringe the rights or privacy of the third party.
9. FINAL PROVISIONS
9.1. The Service Provider shall send all notices to the email address provided by the Buyer in the registration form.
9.2. The Buyer shall send all notices and questions to the Service Provider at the following email address: [email protected].
9.3. Any disputes arising from or in connection with the Contract between the Buyer and the Service Provider shall be resolved through negotiations. If no agreement can be reached, the dispute shall be resolved in accordance with the laws and regulations of the Republic of Latvia.
9.4. The Buyer confirms that they have read these Terms, understood their content and consequences, and agree to be bound by them.