1. General Provisions
1.1. This agreement defines the procedure for the Seller's sale of certificates through the online store and constitutes a public offer from the Seller, addressed to an indefinite number of individuals, both residents and non-residents of the Republic of Latvia.
1.2. By accepting the terms of this agreement (i.e., the public offer), the individual accepting the offer becomes the Buyer. Payment by the Buyer in accordance with the terms of the agreement is considered acceptance of the offer, which is equivalent to the conclusion of the Agreement under the terms outlined in the offer.
1.3. In this offer, unless the context requires otherwise, the following terms have the following meanings:
1.3.1. "Customer" – the person paying the nominal value of the Card to the Supplier. The Customer has the right to transfer the Card to another person, who will accordingly become the Cardholder.
1.3.2. "Service Provider" – the person who directly provides the service to the Cardholder.
1.3.3. "Card" – a bearer document containing an individual activation code, certifying the Customer's right to receive goods/services from the Service Provider in accordance with the terms specified on the Card, a booklet (catalog, list) containing a brief description of the Service Package corresponding to the Card.
1.3.4. "Activation Code" – a code consisting of no more than 8 (eight) characters placed on the Card, intended for service reservation (activation of the card).
1.3.5. "Service Package" – the set of services corresponding to each type of Card that the Supplier may organize for the Cardholder.
1.3.6. "Nominal Value" – the amount of money defined by the Supplier and communicated to the Customer at the distribution points (by appropriate labeling on price tags or in another similar manner) or on the website https://extrareality.lv, which the Customer must pay to the Supplier for accepting the Agreement.
1.3.7. "Cardholder" – any individual presenting the Card to the Service Provider to receive the service. The Cardholder is not the owner of the Card.
1.3.8. "Accompanying Documents" – receipts, invoices, packaging, any inserts in the packaging and/or catalog provided with any Card to the Customer and containing information about the nominal value, the procedure for fulfilling the Supplier's obligations.
1.3.9. "Acceptance" – the Customer's payment of the nominal value of the Card to the Seller by transferring money to the Seller's account, through the "Stripe" system, using a bank card via a payment terminal located at the point of delivery, or by depositing cash.
2. Subject of the Agreement
2.1. The Seller undertakes to provide the Customer with the services specified on the Card.
2.2. The date and time of the service provision are to be agreed upon by the Customer and the Service Provider.
3. Acceptance
3.1. The acceptance and conclusion of the Agreement are confirmed by the cashier receipt issued to the Customer immediately after receiving the payment of the nominal value of the Card and the transfer of the Card.
3.2. By accepting the offer, the Customer is considered to have fully and completely familiarized themselves with the terms of this Agreement.
4. Rights and Obligations of the Service Provider
4.1. Obligations of the Service Provider:
4.1.1. The Seller undertakes to provide the Customer with the services specified on the Card through the Service Provider.
4.2. The Seller has the right to:
4.2.1. Change the content and terms of the service specified on the Card, including replacing the service if it is unavailable at the time of activation. The Seller must inform the Cardholder about this change when the Card activation is agreed upon. Changes may include the time, location, content of the service, and the service provider.
4.2.2. Refuse to fulfill the Agreement if, according to the rules of the Service Provider, the nature of the chosen service, legislation, or due to the age, health condition, or other personal features of the Cardholder, the chosen service cannot be provided. However, in this case, the Cardholder has the right to request from the Service Provider an alternative service from the same Service Package.
5. Rights and Obligations of the Customer
5.1. Obligations of the Customer:
5.1.1. The Customer must use the service within 90 calendar days from the moment of acceptance.
5.2. Rights of the Customer:
5.2.1. The Customer has the right to replace the service with any other service listed on the page https://extrareality.lv/lv/riga/certificates within the nominal value, after prior agreement with the Seller.
5.2.2. The Customer has the right to return the Card in good condition to the Seller within 14 days from the moment the Card is transferred to them.
6. Performance of the Agreement
6.1. The Cardholder is considered to have confirmed their intention to use the Service according to the Card at the moment they inform the Seller in any manner:
The reservation code contained in the corresponding Card;
Information about the Service according to the Card they wish to receive;
Any personal information necessary for the identification of the Cardholder according to applicable legislation and business practice.
6.2. After the Service Provider or the Seller informs the Cardholder of the time, location, and procedure for receiving the chosen Service, the Cardholder must arrive at the specified place at the agreed time to receive the Service from the specified Service Provider.
6.3. Before receiving the corresponding Service chosen by the Cardholder, the Cardholder must present and provide the Card to the Service Provider. If this condition is not met, the Service Provider has the right to refuse to provide the Service.
6.4. If the Customer does not approach the Service Provider to receive the Service at the designated time and location, the Seller is considered to have fully fulfilled its obligations to the Customer, and the Customer loses the right to receive any Service from the corresponding Service Package. In this case, the Card is considered used.
6.5. If the Card presented by the Cardholder does not conform to the form of the Card established by the Seller, it will be deemed invalid.
6.6. The validity period of the Card, confirming the Seller’s obligation to perform the obligations to the Customer, starts from the date of acceptance and ends 90 calendar days thereafter.
6.7. The Seller’s obligations under the Agreement are considered fully performed (whichever occurs first):
Upon the expiration of the Card's validity period, if the Customer has not confirmed their desire to use any Service from the corresponding Service Package;
At the moment the Cardholder presents or transfers the Card to the Service Provider for the purpose of receiving the Service, provided that the Cardholder has confirmed their intention to use any Service from the corresponding Service Package before the expiration of the Card’s validity period;
In the case of invalidity of the Card;
If the Cardholder, after expressing their intention to use any Service from the corresponding Service Package, does not approach the Service Provider to receive the Service. In this case, the Card can no longer be used by the Customer.
7. Liability of the Parties
7.1. The liability of the parties for obligations arising from the Agreement is governed by the legislation of the Republic of Latvia.
7.2. The Customer and the Cardholder bear the risk of damage to and loss of the Card.
7.3. The Seller is responsible for the accuracy of the information and prices provided by the Service Provider to the Seller.
7.4. The Seller is not liable for any harm caused to the life, health, or property of the Cardholder during the provision of the service if such harm was caused by the fault of the Service Provider.
7.5. The Seller is not liable for any harm caused to the Cardholder during the provision of the service in the case of the Cardholder's own fault or failure to comply with the behavior and safety rules they were warned about.
7.6. The Seller is liable for the fact of providing the services specified on the Card within the period indicated on the Card.
7.7. The Seller is not liable for the quality of services provided by the Service Provider, nor for the purchase of additional services without the Seller's involvement. In the case of poor-quality services, the Seller may assist in resolving the dispute between the Cardholder and the Service Provider.
7.8. A party that fails to perform or improperly performs its obligations under this Agreement is liable unless it proves that proper performance was impossible due to force majeure, which are circumstances that prevent the fulfillment of the obligations under this Agreement. In this case, the performance of the parties' obligations under this Agreement is postponed for the duration of these circumstances.
8. Dispute Resolution Procedure
8.1. Disputes and disagreements that may arise in the course of performing this Agreement will be resolved, if possible, through negotiations between the parties.
8.2. The deadline for reviewing a claim under the Agreement is 14 days from the receipt of the claim.
8.3. In the event of an inability to resolve disputes through negotiations, all disputes shall be resolved in accordance with the legislation of the Republic of Latvia.
9. Other Terms of the Agreement
9.1. In the event that the Customer refuses to fulfill the Agreement, the nominal value of the Card will be refunded by the Seller to the Customer, minus the actual expenses incurred by the Seller in fulfilling the terms of this Agreement, as well as the Commission Fee. Any income received by the Seller related to the use of the nominal value remains the property of the Seller.
9.2. The Card can be used by the Customer only once and for a single transaction.
9.2.1. In case of returning the gift card after 14 days from the purchase, the Seller has the right to return the nominal value of the gift certificate to the Customer, minus marketing expenses amounting to 30% of the nominal value.
10. Final Provisions
10.1. This Agreement becomes valid after it is posted on the Website.
10.2. The company will consider itself to have concluded the Agreement with any person who has provided Acceptance, and the Agreement must be fulfilled.
10.3. The Seller has the right to make any changes to the text of the Agreement at any time, terminate it, or post a new public agreement.
10.4. Any information provided in any kind of Accompanying Documentation is valid only if it is directly confirmed by the text of this Agreement.
10.5. For all matters not regulated by this Agreement, the parties shall be guided by the current legislation of the Republic of Latvia.
10.6. The Customer consents to receiving promotional mail in all forms.
10.7. This Agreement is a public contract.
11. Seller's Details
LLC "GOESCAPE"
TAX ID NUMBER: 5252990401
Warsaw, Długa str., 29, ZIP code: 00-238
PKO Bank Polska: 20102010420000820205796166
IBAN: PL80102010420000890205782133
BIC SWIFT BPKOPLPW
info@extrareality.lv
