1. Terms Used
1.1. Seller – Fenomen, SIA, registration No. 50203303631, legal and postal address: Riga, 21A-11 Elizabetes St.
1.2. Distance Contract – this contract, in accordance with which the Seller offers and sells to the Buyer a Digital Service in the course of the Seller’s economic activity.
1.3. Buyer – a legally capable person that is buying the Digital Service offered by the Seller and registering in the Digital Environment.
1.4. Digital Environment – website www.academy.taro.lv, where the Buyer can purchase the Digital Service.
1.5. Digital Services – access rights provided for a certain period of time to the videos posted in the Digital Environment and using them in the ways provided in the Distance Contract.
2. Subject of the Distance Contract
2.1. Upon concluding the Distance Contract, the Buyer buys the Digital service from the Seller and the Seller sells the Digital Service to the Buyer.
2.2. The Distance Contract is deemed concluded at the moment the Buyer buys the Digital Service and pays for it in accordance with the terms and conditions of the Distance Contract.
2.3. The Seller is entitled to unilaterally amend and supplement the provisions of the Distance Contract. Upon shopping in the Digital Environment, the Buyer is subject to the terms and conditions of the Distance Contract valid at the moment of buying the Digital Service.
2.4. The Seller is entitled to restrict the Digital Service used by the Buyer or cancel the Buyer’s registration in the Digital Environment without warning if the Seller justifiably assumes that upon using the Digital Environment the Buyer may violate or is violating the provisions of the Distance Contract, is attempting to cause damage to the Seller, to the operation and/or security of the Digital Environment, or to third parties.
3. Price of the Digital Service, its purchase and payment procedure
3.1. The price of the Digital Service is indicated with the value added tax in the amount provided by the regulatory enactments of the Republic of Latvia. Upon choosing the Digital Service, the Buyer agrees to pay the price of the Digital Service as it is indicated at the moment of buying the Digital Service.
3.2. At the moment of buying the Digital Service, the Buyer confirms that the data indicated by the Buyer (name and surname, phone number, email address or other requested personal data), which are necessary for the purchase of the Digital Service, are true and precise.
3.3. The Buyer pays for the Digital Service using the payment options provided in the Digital Service: credit card processing service provider Strip or PayPal platform.
3.4. Upon paying for the Digital Service, the Buyer confirms to have read the description of the chosen Digital Service and that the chosen Digital Service complies with the requirements of the Buyer.
3.5. Upon paying for the Digital Service, the Buyer confirms having read the Distance Contract and provisions therein, is aware of them, understands them and fully agrees with them.
3.6. The Buyer is not entitled to purchase the Digital Service without having read the terms and conditions of the Distance Contract or having agreed with them.
3.7. After the payment for the Digital Service is received, the Buyer receives in their indicated email the confirmation of the purchase of the Digital Service, the invoice from the Seller about the payment for the Digital Service and the link for registration in the Digital Environment.
4. Registration in the Digital Environment and using the Digital Service
4.1. The Buyer shall register in the Digital Environment and create their personal profile after the purchase of the Digital Service. Upon registering in the Digital Environment, the Buyer shall indicate their email and come up with a password.
4.2. The Buyer shall ensure that the Buyer’s password for access to the Digital Environment shall not be revealed to third parties. The Buyer shall bear responsibility for any actions performed in the Digital Environment on their behalf using their password. If the Buyer loses the access data to the Digital Environment, the Buyer can restore the data using the special tool available in the Digital Environment.
4.3. After the registration in the Digital Environment, the Buyer receives the access rights to the videos posted in the Digital Environment for the term specified in the description of the Digital Service and shall be entitled to watch those videos for unlimited number of times.
4.4. The Buyer is aware that the content of the videos posted in the Digital Environment is owned by the Seller and is protected in accordance with the procedures provided by the regulatory enactments of the Republic of Latvia. Any copying, reproduction, transformation of the videos posted in the Digital Environment or any other use of these videos in ways not provided by the Distance Agreement without prior consent of the Seller shall be deemed violation of the rights of the Seller as the author and is forbidden.
5. Withdrawal rights
5.1. If the purchased Digital Service has not been used yet, i.e., the Buyer has not started watching any of the videos in the Digital Environment, the Buyer, being a consumer in accordance with the regulatory enactments, is entitled in accordance with the regulatory enactments to exercise their right to unilaterally withdraw from the Distance Contract without providing a reason within 14 days after concluding the Distance Agreement.
5.2. In order to comply with the term of withdrawal rights, the Buyer’s notification about the invoking the withdrawal rights should be delivered to the Seller before the expiration of the withdrawal rights term.
5.3. In order to use the withdrawal rights, the Buyer should provide an unambiguous statement to the Seller (e.g. via post or via email letter) about the decision to withdraw from the Distance Contract. For the Buyer’s convenience, the Seller is offering to use the withdrawal application template available in the footer of webpage academy.taro.lv and constitutes a integral part of the Distance Contract.
5.4. Withdrawal rights cannot be used in the cases provided in the regulatory enactments, including if the Buyer has started and/or has finished watching the videos (one or all) in the Digital Environment before the expiration of the withdrawal rights term.
6. Refund procedure
6.1. In case the withdrawal rights are exercised, the Seller shall refund to the Buyer, who in accordance with the regulatory enactments is deemed a consumer, the price of the Digital Service without unreasonable delay and in any case not later than within 14 days since the day the Seller had been informed about the unambiguous and explicit notice, containing the information necessary for identifying the Buyer and stating a decision to withdraw from the Distance Contract with the Seller.
6.2. The price paid by the Buyer for the Digital Service shall be refunded by the Seller using the same type of the means of payment that was used by the Buyer upon paying for the Digital Service, except the case when the Buyer explicitly agreed to other means of payment and the Buyer shall not bear additional charges for using such means of refund.
7. Procedure of submitting complaints
7.1. The Buyer is entitled to submit complaints in writing about the improper Digital Service by filing an application to the Seller.
7.2. The Seller shall answer the Buyer’s complaint provided in writing regarding the improper Digital Service within 30 (thirty) days after receiving it, unless the issue requires establishing additional circumstances.
7.3. All disputes related to the provision of the Digital Service and other matters related to the Digital Service, shall be resolved by the Buyer and the Seller through negotiations. If an agreement cannot be reached, the dispute shall be taken for resolving to the court institutions of the Republic of Latvia.
8. Other provisions
8.1. If access to the Digital Environment, registration in the Digital Environment, purchase or use of the Digital Service is not available or is disrupted due to technical reasons or other reasons beyond the power of the Seller, the Seller shall not bear any responsibility for any losses incurred by the Buyer or any third party.
8.2. Upon providing the information about themselves in the Digital Environment, the Buyer grants the rights for the Seller as personal data controller to select, accumulate, systemize and use all the information and data the Buyer had directly and indirectly provided, using the Digital Service.
8.3. The personal data provided by the Buyer shall be processed in accordance with the regulatory enactments of the Republic of Latvia regulating the processing and protection of the personal data.
8.4. The Buyer’s personal data shall be used in order to identify the Buyer upon selling them the Digital Service, upon issuing any accounting documents and performing other obligations arising from the Agreement.
8.5. The personal data provided by the Buyer shall be used only by the Seller and their partners, with whom the Seller is cooperating upon administration of the Digital Environment and providing other services related to execution of the Buyer’s order. The Seller hereby confirms to not reveal the Buyer’s personal data to any third parties, except the cases provided in the regulatory enactments of the Republic of Latvia.
8.6. Personal data of the Buyer shall be stored no longer it is required by the stipulated data processing purposes.
© 2023 SIA FENOMEN, REG.N. 50203303631, 21A Elizabetes Street, Riga, LV-1010, Latvia