Conditions / Distance Contract 

 

KIM Project Ltd. Terms and Conditions of Purchase of Electronically Available Gift Cards – Distance Contract

 

  1. General information
    1. KIM Project Ltd. reg.No 40103361044, legal address Salaspils Street 18 / 3-7 is the owner of Old Riga Garra Rufa SPA, Riga (Old Town), 39 Kalēju Street (hereinafter – salon).
    2. SIA “KIM Project”, through the website www.oldrigaspa.lv, provides the sale of the gift cards (hereinafter – gift cards) for visiting the salon procedures.
    3. Internet users who purchase gift cards through www.oldrigaspa.lv (hereinafter referred to as Buyers) undertake to abide by the following terms and conditions of gift card purchase and use.
    4. Purchasing gift cards on www.oldrigaspa.lv is considered to be a distance contract if the Buyer is a consumer within the meaning of the Consumer Rights Protection Law (a person who expresses a wish to purchase, purchase or could buy or use a good or service for a purpose not related to it economic or professional activity).
    5. Purchase of gift cards at Old Riga Garra Rufa SPA is not considered a Distance Contract and is not subject to the Cabinet of Ministers Regulations No.255 “Regulations on Distance Contracts” and is not subject to these Regulations.
    6. When purchasing a gift card, the Buyer confirms that he / she is familiar with and agrees with the terms of the Distance Agreement. The distance contract is in accordance with the legislation of the Republic of Latvia.

 

  1. Responsibilities and duty of KIM Project Ltd. and Buyer
    1. For the purchase of gift cards, the Buyer may choose a particular gift card value or service.
    2. The buyer is responsible for the truthfulness of the information provided.
    3. The buyer must make a payment using a payment card (VISA, VISA Electron, Maestro, MasterCard). Use of payment card and / or payment card data issued to another person, including for the purchase of goods and services, is illegal.
    4. The Buyer is responsible for the use of the Gift Card within specified term and to use the services according to his / her wishes and according to the working hours of the salon, which is determined on the website www.oldrigaspa.lv.
    5. KIM Project Lid. is responsible for ensuring the process of trading gift cards and storing and administering the Buyer’s data in accordance with the laws and regulations of the Republic of Latvia.
    6. KIM Project Ltd. is entitled to cancel any purchase if there are reasonable suspicions about the possible fraudulent nature of the transaction.
    7. At the moment of making a purchase, KIM Project Ltd. does not check the Buyer’s right to purchase gift cards with a discount. Gift vouchers with discount are only valid with a personal identification document. A gift card purchased with an unjustified discount is invalid. Purchasing such a gift card does not guarantee the receipt of services.
    8. In case of uncertainty arising from the possibility of purchasing gift cards on www.oldrigaspa.lv, the Buyer may contact KIM Project Ltd. by calling +371 29340341 ​​(on working days 11: 00-20: 00) or by e-mail info@oldrigaspa.lv.
    9. KIM Project Ltd. does not check the accuracy of the Buyer’s data and is not responsible for the consequences if the Buyer has provided incorrect data, including incorrect e-mail address for receipt of gift card, erroneous gift card type or salon service.
    10. 2.10.KIM Project Ltd. is not responsible for the absence of the Buyer in the salon for the receipt of services at a previously booked time, except in cases when the customer has warned the employee of the salon by calling the salon administration no. +371 29 340 341, for non-attendance and cancellation or transfer of the visit at least 24 hours before the booked time. In this case, the gift card is considered as being used and the money for the gift card is not refunded.

 

  1. Receipt, validity, types and use of gift cards
    1. Paid gift cards are sent to the e-mail address specified by the Buyer no later than one hour after purchase. The gift card is automatically generated after payment. The Buyer shall be responsible for the safe storage of the sent gift card in the Buyer’s e-mail and / or storage media or in printed form. The Salon shall not be liable for the cases when the Ticket sent to the Buyer from the Buyer by e-mail, data carrier or printout becomes available to third parties and is used without the consent of the Buyer.
    2. Before arriving at the salon, the Buyer must print the gift card and make sure that the gift card text and gift card code are clearly legible and available for presentation before the service is received in the salon.
    3. If the Gift Card is not successfully generated within the hour (not received by e-mail), the Buyer is invited to contact KIM Project Ltd. by calling +371 29340341 ​​or writing an e-mail to info@oldrigaspa.lv.
    4. The validity period of the electronic gift card is 3 months from the date of purchase.
    5. It is possible to use the electronic gift card in the services provided by Old Riga Garra Rufa SPA in Kalēju Street 39, Riga and pay for them.
    6. Gift cards are not exchanged for money.
    7. The website www.oldrigaspa.lv can be used to purchase electronic gift cards for a particular service provided in the salon or at the nominal value of a gift card.
    8. The description of the gift cards and what is included in each of the offers is indicated on each of the electronic gift card profile descriptions before entering the purchase information.
    9. To use the gift card you need to make a note of the procedure by calling the salon administration number +37129340341 ​​at least a week in advance.
    10. 3.10.Upon arrival, a printed gift card must be presented in the salon.
    11. 3.11. Gift vouchers cannot be used after the expiration date if it has expired more than 5 business days.
    12. 3.12.The electronic gift card can be used in the form of a specific procedure specified on the gift card, or in full or in part by paying for the selected procedure, provided that the gift card shows its nominal value and only then can the buyer choose any of the procedures offered by the cabin at his sole discretion.
    13. 3.13.In case the service indicated on the gift card is not available in the salon, the buyer can choose another service of the same value or less value or more valuable and bear the difference there even in the salon on the spot before the procedure. In the event that the buyer does not find another service to replace the gift card, it is possible to exercise the right of withdrawal in accordance with the procedure referred to in paragraph 4.
    14. 3.14.It is forbidden to use the purchased gift cards for commercial purposes, incl. in advertising or marketing campaigns without the written permission of  KIM Project Ltd.
    15. 3.15.Gift card copying and resale is prohibited.
    16. 3.16.By purchasing gift cards for the procedures provided by the cabin, the Buyer confirms that the Buyer is familiar with the rules of the visitor and undertakes to comply with them. You can get acquainted with the rules of the salon visitors at the salon Kalēju Street 39, Riga and at the website: oldrigaspa.lv.

 

  1. Right of recall
    1. According to the Cabinet of Ministers 20.05.2014. Clause 22.12 of the Regulation No.255 “Regulations on Distance Contracts” on the purchase of electronic gift cards shall not be subject to the right of withdrawal provided for in the Consumer Rights Protection Law, which allows to waive the purchased service within 14 days if the service is purchased through a distance contract. Purchased gift cards are not accepted and changed by KIM Project Ltd., except when it is not possible to receive the service indicated on the gift card in the salon.
    2. For the buyer the money for the electronically purchased gift card, KIM Project Ltd. shall be repaid not later than within 10 (ten) business days from the day of receipt of the application to the Buyer’s bank account specified in the application.
    3. In order for the Application for Gift Card Refund to be valid, it must be accompanied by an unused gift card with an active validity period of at least 14 working days from the date of submission of the application. After the gift card is handed over to KIM Project Ltd., it is no longer valid for a cabin visit.
    4. KIM Project Ltd. only refunds to the Buyer the nominal value of the gift card for which the gift card was purchased. No other additional expenses, such as transport costs, postage, and other costs incurred by the buyer, will be refunded.

 

  1. Data processing
    1. KIM Project Ltd., when processing personal data, complies with the requirements of the General Data Protection Regulation No. 2016/679 (hereinafter – Regulation), as well as other requirements of regulatory enactments in force in Latvia. With the KIM Project Ltd., the Privacy Policy Buyer can be found on the company’s website www.oldrigaspa.lv.
    2. The Buyer must use, indicate and provide only the personal data or personal data of those who have given him such authority. By providing information and data to KIM Project Ltd., the Buyer confirms that he is the owner (subject) of the personal data provided or the person who has a legitimate right to provide such data.
    3. The provided information (personal data) is used by KIM Project Ltd only in the interests of the Buyer for the purpose of providing the ticket sales service. For third parties, information about the Buyer is available only in accordance with the procedure specified in the Regulation.
    4. When entering personal data during the ticket purchase, the Buyer agrees that KIM Project Ltd. processes the submitted data in accordance with the procedure and amount specified in these Regulations.
    5. SIA “KIM Project” undertakes not to disclose the personal data of the Buyer to third parties, except if direct, unambiguous consent of the Buyer for disclosure of personal data has been received, as well as for law enforcement institutions in accordance with the procedures specified in regulatory enactments of the Republic of Latvia;
    6. SIA “KIM Project”, in accordance with the data protection requirements of natural persons, performs the processing of personal data submitted by the Buyer with the aim of providing a gift card sales service. Manager – SIA “KIM Project”, Salaspils Street 18/3 -7, Riga, LV-1057, contact info – info@oldrigaspa.lv
    7. “KIM Project” Ltd., through internal organizational and technical means, ensures that the personal data provided by the Buyer to SIA “KIM Project”, ”is protected from any illegal activity: unlawful exchange of personal data, detection or destruction, identity theft, fraud, also that the level of protection of personal data complies with the requirements of regulatory enactments of the Republic of Latvia.
    8. The Buyer has the right to receive the following information:
      1. what information the Buyer has obtained, the source of the data when the information contained in the data has been changed (if permitted by law);
      2. the purpose for which the processing of personal data was carried out, information on the recipients of the personal data;
      3. whether the data has been processed automated.
      4. Any request or reference relating to the processing of personal data by the Buyer must be made by SIA KIM Project in accordance with the privacy policy. KIM Project Ltd. shall provide the Buyer with a response within 30 (thirty) calendar days of receiving the Buyer’s request.
      5. The personal data of the buyer will be kept for no longer than the requirements of regulatory enactments. The purchaser has the right to request the deletion of personal data, the restriction of the processing of personal data, the objection to the processing of personal data, the correction of personal data in accordance with the provisions of the Regulation.
    9. Information on purchases made by the Buyer is stored for 2 calendar years from the date of use of the Gift Card.

 

  1. Other terms
    1. All disputes and disagreements that arise between the parties in the course of the performance of the contract shall be settled by mutual negotiations. If no agreement is reached, the dispute shall be settled in the court of the Republic of Latvia in accordance with the legislation of the Republic of Latvia. Place of hearing of the case – Riga, language of the case – Latvian.
    2. The Agreement is drawn up in accordance with the legislation of the Republic of Latvia. The Parties agree to submit to the jurisdiction of Latvian courts in the event of any type of dispute arising directly or indirectly under the Agreement.
    3. Neither Party shall be liable for failure to comply with the Contract if it is caused by force majeure circumstances that the Party could not foresee, control or prevent and for which the Party is not at fault. Force majeure conditions include natural disasters, fires, warfare, civil unrest, rebellion, strikes, epidemics, embargo, restrictions on energy supply, government decisions, and similar circumstances beyond the control of a Party.
    4. In the event of force majeure, the Parties shall immediately inform the other Party if this is affected.
    5. This agreement is made electronically and is valid without signature.

Old Riga Garra Rufa Spa Administration