Terms of Use
Last update: November 27, 2023
These Terms of Use describe the terms and conditions of use of the Company's Website and Services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For purposes of these Terms of Use:
Account means a unique account created for You to access our Service or parts of our Service.
Company (herein referred to as either "Company", "We", "Us" or "Our") means La Florterra or Liubov Miroshnichenko, a sole proprietorship registered in the Republic of Lithuania.
Country refers to: Lithuania
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the features provided to you by the Website.
Digital Goods means photos and videos that you access upon payment or free of charge on this Website in accordance with the Digital Goods Access Terms.
Guaranteed period means a period of time up to two (2) years from the date of purchase of the Digital Goods, during which the Service undertakes to provide access to the Digital Goods with the application of these Terms of Use and Terms of Digital Goods Access Terms.
Digital Goods Access Terms mean conditions that describe the specifics of accessing the Digital Goods, such as time limits on access or the need to complete tasks.
Physical Goods means goods in the usual sense of the word, i.e. a physical item that you purchase on this Website by placing an order.
Delivery Terms mean terms and conditions describing the cost and procedure for shipping the Physical Goods to the Buyer.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Squarespace - A Service Provider who is the hosting provider for this Website and who performs critical functions directly responsible for the operation of the Website.
Website refers to La Florterra, accessible from https://laflorterra.com.
You or User means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Use of the Service
Digital Goods
In the event of any inconsistency between these Terms and Conditions and EU Directive 2019/770 "On certain aspects concerning contracts for the supply of digital content and digital services", the EU Directive shall prevail. These Terms of Use are not exhaustive.
Procedures for purchasing and accessing Digital Goods
The Website enables you to purchase Digital Goods by making a purchase in the relevant areas of the Website. You make your own decision to make a purchase based on the description of the Digital Goods and the Digital Goods Access Terms on the publicly accessible pages of the Website. The Digital Goods are supplied as is and cannot be changed at your request.
Access to purchased Digital Goods is made through an Account, the creation of which is mandatory and requires acceptance of the Service's Privacy Policy and these Terms of Use. You are personally responsible for the security of your Account and the credentials to access it. Access to the Service and purchased Digital Goods requires logging into your Account when required by the Squarespace account system. Access to purchased Digital Goods is granted automatically upon receipt of payment by the Service. You agree to receive electronic receipts for purchased Digital Goods.
Payment for Digital Goods is charged in the specified currency (Euro, €). The Service undertakes not to charge additional commissions related to the acceptance or processing of payments, all the specified prices are final. However, the Service is not responsible for financial losses associated with currency conversions or commissions that may be withheld by the bank or service-issuer of your means of payment. The Website uses services of third party Service Providers (PayPal, Stripe) to accept payments and may redirect to the relevant websites. The Service is not responsible for errors, failures, downtime and other malfunctions of Service Providers' systems, as well as governmental, corporate restrictions or sanctions that may prevent you from making a payment and/or gaining access to purchased Digital Goods.
Access to Digital Goods may or may not be time limited. The Company shall indicate the Digital Goods Access Terms by posting the relevant information on publicly accessible pages of the Website.
The Company agrees to provide guaranteed access to the Digital Goods, access to which is not limited in time, for a minimum of two (2) years from the date of purchase and not to revoke it during this Guaranteed Period under any circumstances, except in the case of Your violation of these Terms of Use, at the request of a court or other authorized authorities. After the expiration of the Guaranteed Access Period, the Company undertakes to maintain access to the purchased Digital Goods, except for the above-mentioned cases, as well as in the case of liquidation (shutdown) of the Website, Service or Company.
The Company undertakes to provide access to the Digital Goods, access to which is time-limited, during the access period in accordance with the Digital Goods Access Terms. Upon expiration of the term, access to the Digital Goods will be terminated and the Digital Goods will need to be re-purchased to regain access, unless an extension service is provided.
The Company reserves the right to change Service Provider or Website, but undertakes to maintain access to purchased Digital Goods for the Guaranteed Period on this or another Website and/or hosting provider's site. The Company does not guarantee, however, that the transfer of access rights to purchased Digital Goods will be automatic, but undertakes to facilitate the transfer process at your request. In the event of a request to transfer access rights to another Website or hosting provider's site, you may be required to resubmit personal data for identification purposes. You have the right to request an extension of the period of access to the Digital Goods with a limited period of access for a period corresponding to the period of unavailability of the goods through the fault of the Service, but the Service reinstaites that it is not responsible for errors, failures, downtime and other malfunctions of the systems of Service Providers, communication providers, etc., which may prevent access to the purchased Digital Goods.
The Company undertakes to take all necessary measures to provide unimpeded access to the Digital Goods, but reserves the right to carry out maintenance and technical works aimed at improving the operation of the Website, User experience and the quality of the Services provided, which may temporarily limit access to the Digital Goods.
Refunds and Returns
You have the right to withdraw from the purchase of the Digital Goods within 14 days of the conclusion of the contract (payment). Simply submit your request for withdrawal using the contact form available on this Website or send it to hello@florterra.com. The date of sending the request will be used to calculate the eligibility term for withdrawal from the purchase. Refunds will be requested by the Company from the Service Provider (Stripe, PayPal) within three days or other reasonable timeframe required to complete this action, however the actual timeframe for refunds to the final means of payment may depend on the Service Provider and/or your bank. If you cancel your purchase, access to the purchased Digital Goods will be terminated by removing the Digital Goods from your Account.
Copyright
Any Digital Goods, whether paid or free of charge, distributed on this Website include photographic and video materials that are intellectual property and subject to copyright under EU Directive 2019/790 of the European Parliament and of the Council of April 17, 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, as well as international copyright laws. Any materials, except those explicitly designated otherwise, distributed on this Website are copyrighted, to be considered the intellectual property of their author Liubov Miroshnichenko or the “Rights Holder” or “Licensor”, and are protected by European and international copyright laws.
Upon your purchase of the Digital Goods, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Digital Goods. You may not, for commercial purposes or not, extract, copy, distribute, sell, resell, lease, reuse (outside of this Website) any materials, including but not limited to video tutorials, video courses, video footage, and photographs, without the express written consent of the Licensor. Violation of the Terms of Use and/or copyright may result in revocation of the license and revocation of the right to access the Digital Goods through removal of the Digital Goods from your account, as well as taking measures provided by law.
Materials designated as distributed under a Creative Commons or other license are the property of their respective owners and may be used by you only in accordance with the applicable license.
The Service respects the intellectual property of others. If you believe that the Website is using any material in a way that may raise concerns about copyright infringement, please send appropriate notification using the contact form on this Website or by e-mail to hello@laflorterra.com.
Physical Goods
In the event of any inconsistency between these Terms of Use and EU Directive 2019/771 “On Certain Aspects Concerning Contracts for the Sale of Goods”, the EU Directive shall prevail. These Terms of Use are not exhaustive.
Procedures for the Purchase of Physical Goods
This Website enables you to purchase Physical Goods by making a purchase in the relevant sections of the Website. You make your own purchasing decision based on the details of the Physical Goods and the Terms of Delivery available on the publicly accessible pages of the Website. The Physical Goods are supplied as is and cannot be changed at your request.
Payment for Physical Goods is charged in the specified currency (Euro, €). The Service undertakes not to charge additional commissions related to the acceptance or processing of payments, all the specified prices are final. However, the Service is not responsible for financial losses associated with currency conversion and commission fees that may be withheld by the bank or service-issuer of your means of payment. The Website uses services of third party Service Providers (PayPal, Stripe) to accept payments and may redirect to the relevant websites. The Service is not responsible for errors, failures, downtime and other malfunctions of Service Providers' systems, as well as governmental, corporate sanctions or restrictions that may prevent you from making a payment.
The Company provides retail sales of Physical Goods in quantities that meet the needs of the average customer within the target audience of the Website. The Company does not provide and is not capable of providing services for the sale of goods in wholesale quantities.
Delivery of Physical Goods
The Company shall deliver Physical Goods strictly within the terms and territories specified in the Physical Goods card on the Website or other publicly accessible areas of the Website. You are responsible for the correctness of the data that you provide to the Company to process the delivery. The Company may request compensation for the difference in delivery charges if the rate paid under the Delivery Terms differs from your actual address, or cancel the sales contract at the Company's discretion. Shipments are not insured by the Service, but you may be provided with a tracking code.
The Company undertakes to make all arrangements to dispatch the Physical Goods within seven (7) calendar days of receipt of payment. The Company, however, reserves the right to terminate the contract of sale or postpone the fulfillment of the obligation to deliver the Physical Goods at Your discretion due to unforeseen circumstances, whether due to the fault of third parties or its own fault (among other things, such circumstances may include shortages or unsatisfactory quality of the goods).
Exports
You agree that you will not transfer, export or re-export the Digital Goods or Physical Goods that you purchase from this Website to individuals, companies, corporations or other kinds of legal entities in countries where such export is prohibited in whole or in part by law. You also agree not to purchase Digital Goods or Physical Goods if such prohibition applies to you.
Technical Support
The Company does not provide technical support within the framework of services provided by hosting providers Squarespace, Vimeo or services provided by other Service Providers, in particular, payment systems Stripe, PayPal, etc.
Communication
The Website may allow you to communicate with other users through comments. By using the communication facilities on the Website, you agree that your comments do not contain content that could be construed as obscene, unlawful, abusive, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to the Company or third parties, politically motivated or inflammatory, commercial or is any form of “spam". The Company reserves the right, but is under no obligation (unless requested to do so), to remove any such content and to restrict the use of appropriate means of communication by offenders.
Law Enforcement
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Lithuania, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Both the Company and You agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Lithuania, which means that you may bring an action to protect your consumer rights in connection with these Terms of Use in the Republic of Lithuania or in the EU country in which you reside. The European Commission provides an online platform for dispute resolution, which you can access at https://ec.europa.eu/consumers/odr/. The Company prefers to address any questions or concerns you may have directly with you.
Violation of these Terms of Use gives the Company the right, but not the obligation, to take immediate action against violators. The Company may exercise this right in the future.
User's Age
Our Service is not intended for anyone under the age of 13. If you are a parent or guardian and you are aware that your child is using the Company’s Services, please contact us.
Changes to These Terms of Use
We may update our Terms of Use from time to time. We will notify you of any changes by posting the new version of the Terms of Use on this page.
We will notify you by email and/or a prominent notice on our Service before the change takes effect and update the date in the “Last Updated” field at the top of these Terms of Use.
You are advised to review these Terms of Use periodically for changes. Changes to the Terms of Use are effective upon posting on this page.
Contact Us
If You have any questions regarding these Terms of Use, You may contact Us at hello@laflorterra.com.