General Terms and Conditions

These General Terms and Conditions (hereinafter: Terms) govern the relationship between the provider of digital content and guides [COMPANY NAME] (hereinafter: provider) and the buyer or user (hereinafter: buyer) when purchasing digital products through the website www.zivaplans.com (hereinafter: online store).

These Terms are drafted in accordance with the Slovenian Consumer Protection Act (ZVPot-1), the Electronic Commerce Act (ZEPT), the Personal Data Protection Act (ZVOP-2), the Act on Out-of-Court Resolution of Consumer Disputes (ZIsRPS), and applicable European Union legislation, including Directive 2019/770/EU on digital content and services and Directive 2011/83/EU on consumer rights.

By completing a purchase in the online store, the buyer confirms that they have read, understood and accepted these Terms. These Terms form an integral part of the sales contract between the provider and the buyer.

The provider reserves the right to amend these Terms. Any amendments take effect upon publication on the website. Purchases made before an amendment take effect are governed by the Terms that were in force at the time of purchase.

1. AVAILABILITY OF INFORMATION

In accordance with applicable law, the provider makes the following information available:

Identity and contact details of the provider (Section 14 of these Terms).
Description of digital products, their main features, and the intended purpose of each guide.
Prices of digital products expressed in euros (EUR), inclusive of all applicable taxes and levies. The provider is not registered for VAT under ZDDV-1, therefore no VAT is charged.
Information on the payment methods available to the buyer.
Information on digital delivery: access to the download link is provided immediately upon payment confirmation; each download link remains valid for 30 days from the date of purchase.
Information on the right of withdrawal and the conditions under which that right is lost (Section 7 of these Terms).
Information on the procedure for submitting a complaint or claim (Sections 8 and 11 of these Terms).
Information on the options for out-of-court dispute resolution (Section 13 of these Terms).
Information on personal data protection (Section 10 of these Terms and the Privacy Policy).

2. PRICES

All prices in the online store are expressed in euros (EUR). The provider is not registered for VAT under ZDDV-1; therefore, prices do not include VAT and VAT is not separately charged.

Prices are valid at the time the order is placed. The provider reserves the right to change prices without prior notice; however, any change does not affect orders that have already been placed and confirmed.

The sales contract between the provider and the buyer is formed at the moment the provider sends the buyer an electronic order confirmation. From that moment, the price and all other terms are fixed and any subsequent changes do not apply.

In the event of a pricing error (e.g. a technical fault), the provider reserves the right to notify the buyer and offer them the option to cancel the order. No contract is formed in such a case.

Promotional prices and discounts are valid only for the period and within the quantity of digital licences specified, unless expressly stated otherwise.

3. PAYMENT METHODS

The online store accepts the following payment methods:

Credit or debit card via the provider’s secure payment system [PAYMENT PROVIDER NAME]. The following cards are accepted: [LIST CARD TYPES].
[OTHER PAYMENT METHODS – ADD AS NEEDED]

Payment must be made in full before the digital product is delivered. The download link will only be sent to the buyer after successful payment confirmation.

All payment processes take place in a secure encrypted (SSL) environment. The provider does not store and has no access to the buyer’s payment card details.

4. DIGITAL PRODUCTS AND DELIVERY

4.1 Type of goods

ZivaPlans sells exclusively digital products in the form of guides, handbooks and e-books, available for electronic download (file transfer). No physical products are sold or delivered through the online store.

4.2 Delivery of digital content

After successful payment, the buyer receives at the email address provided:

a purchase confirmation, and
a unique download link giving access to the purchased digital guide.

Delivery is normally completed immediately after payment is confirmed. In the event of technical difficulties, delivery will be completed as soon as possible and will generally not exceed 24 hours from payment confirmation.

4.3 Download link validity period

Each download link is valid for 30 (thirty) days from the date of purchase. After this period, the link expires and access to the file is no longer possible.

The buyer must download the digital guide to their own device (computer, tablet or mobile phone) before the 30-day period expires. The provider cannot send reminders about an expiring download link.

The provider accepts no responsibility for loss of access to the guide after the download link has expired. In such a case, the buyer is not entitled to a free replacement link. Any re-issuance of a download link is handled on a case-by-case basis at the provider’s sole discretion.

4.4 Technical requirements

To download and use the digital guides, the buyer needs a device with internet access and software capable of opening the relevant file format (e.g. PDF). The provider is not responsible for any technical inability to download or open the file that is attributable to the buyer’s own device or software.

5. ORDER AND PURCHASE PROCESS

Purchases in the online store are available to adults who have the legal capacity to enter into contracts. By placing an order, the buyer confirms that they meet this requirement.

The purchase process takes place in the following steps:

The buyer adds the desired digital guide to the cart.
The buyer proceeds to checkout and enters the required personal details (first name, last name, email address).
The buyer selects a payment method.
Before completing the purchase, the buyer confirms acceptance of these Terms and, where required, provides consent to immediate delivery of the digital content, thereby acknowledging that they are aware that delivery will commence before the 14-day withdrawal period expires and that they will lose their right of withdrawal accordingly.
The buyer confirms the order by clicking the “Place Order” button.
The provider sends the buyer an order confirmation and a download link to the email address provided.

The provider reserves the right to refuse or cancel an order where there is a suspicion of fraud, where the details provided are incorrect or incomplete, or where payment has not been successfully confirmed.

6. SALES CONTRACT

The sales contract between the buyer and the provider is formed at the moment the provider sends an electronic order confirmation to the buyer’s email address. The contract is concluded in the Slovenian language.

The provider issues an invoice in electronic form, which the buyer receives together with the order confirmation. The electronic invoice forms part of the sales contract. The buyer agrees to receive invoices in electronic form.

Concluded contracts are stored by the provider in electronic form. Upon the buyer’s request, the provider is obliged to provide the buyer with a copy of the contract.

7. RIGHT OF WITHDRAWAL

7.1 General right of withdrawal

Under ZVPot-1 and Directive 2011/83/EU, a consumer ordinarily has the right to withdraw from a contract within 14 days of conclusion without giving any reason and without incurring any costs, except for those expressly provided for in ZVPot-1.

7.2 Special rules for digital content

Because ZivaPlans sells exclusively digital content not supplied on a physical medium, the following applies:

The consumer loses their right of withdrawal when:

they have expressly consented to the provider commencing performance of the contract before the 14-day withdrawal period expires, and
they have acknowledged that they thereby lose their right of withdrawal.

The buyer provides these consents during the purchase process by ticking the relevant checkbox at checkout (Section 5, point 4 of these Terms). The contract is fully performed upon delivery of the download link.

7.3 Withdrawal procedure (where the right has not been waived)

Where the buyer has not consented to immediate delivery and wishes to exercise their right of withdrawal, they must notify the provider within 14 days of conclusion of the contract. The notification must be sent to [PROVIDER EMAIL] and must include:

first and last name,
address and email address,
date of order, and
a clear statement of withdrawal from the contract.

The provider will refund the amount paid within 14 days of receiving the withdrawal notice, using the same payment method used by the buyer. The provider reserves the right to withhold the refund until it has verified that the downloaded digital content was not accessed or used.

8. DEFECTS AND COMPLAINTS

8.1 Non-conformity of the digital product

The provider warrants that digital guides conform to the contract at the time of delivery and are free of technical defects that would prevent their normal use. The buyer is required to check that the file is accessible and functioning upon receipt of the download link.

If the buyer finds that the downloaded file is inaccessible, damaged, or does not correspond to the product described, they must notify the provider as soon as they discover or ought to have discovered the defect. The complaint must be sent to [PROVIDER EMAIL] with the following information:

first and last name,
date of purchase and order number,
description of the defect, and
supporting evidence (e.g. a screenshot or error description).

8.2 Complaint resolution

The provider will acknowledge the complaint within 5 business days of receipt and inform the buyer of the next steps. Depending on the nature of the defect, the provider will offer the buyer:

rectification of the defect by providing a new or corrected file,
replacement with an equivalent digital product, or
a refund of the purchase price.

The complaint resolution process is based on ZVPot-1 and does not affect the buyer’s statutory rights.

9. INTELLECTUAL PROPERTY AND COPYRIGHT

All content in the ZivaPlans online store, including texts, photographs, graphics, logos and digital guides, is protected by copyright in accordance with the Slovenian Copyright and Related Rights Act (ZASP).

By purchasing a digital guide, the buyer obtains a non-exclusive, non-transferable, personal licence for private use. The purchased guide is intended solely for the buyer’s personal and non-commercial use. Without the provider’s express written permission, the following are prohibited:

reproducing, copying or mass-printing the content,
publicly publishing, sharing or distributing the content (including online or by email),
selling, sub-licensing or any commercial exploitation of the content,
editing, adapting or transforming the original content.

Infringement of intellectual property rights may result in civil and criminal sanctions under applicable law.

10. PERSONAL DATA PROTECTION

The provider collects and processes the buyer’s personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Slovenian Personal Data Protection Act (ZVOP-2). Personal data is collected exclusively for the purposes of processing the purchase, delivering digital content, communicating with the buyer and fulfilling legal obligations.

Detailed information on the processing of personal data, the buyer’s rights and how data is handled is available in the Privacy Policy of the ZivaPlans online store.

11. COMPLAINTS, CLAIMS AND DISPUTES

The provider complies with applicable consumer protection legislation and is committed to resolving all disputes and disagreements amicably.

The buyer may submit a complaint, claim or feedback:

by email to: [PROVIDER EMAIL], or
in writing to: [PROVIDER ADDRESS].

The provider will respond in writing or by email within 5 business days of receiving the complaint. If it is not possible to resolve the dispute within a reasonable timeframe, the provider will notify the buyer of the expected timeline and the reasons for any delay.

The buyer may also use the out-of-court consumer dispute resolution procedures described in Section 13 of these Terms.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the law of the Republic of Slovenia. Any disputes shall be subject to the jurisdiction of the court in the consumer’s place of habitual residence in the Republic of Slovenia or in [PROVIDER’S PLACE OF BUSINESS].

These Terms do not affect any rights that the consumer has under the mandatory provisions of applicable Slovenian and European Union law.

13. OUT-OF-COURT DISPUTE RESOLUTION

In accordance with the Slovenian Act on Out-of-Court Resolution of Consumer Disputes (ZIsRPS) and Regulation (EU) 524/2013 on online dispute resolution for consumer disputes, the provider informs buyers that the European Commission’s Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr.

The provider does not recognise any out-of-court consumer dispute resolution body as competent to resolve consumer disputes that a consumer may bring under ZIsRPS, except where this is in the consumer’s interest and both parties agree on the choice of body.

The buyer always retains the right to resolve a consumer dispute before a competent court, regardless of the existence of out-of-court dispute resolution mechanisms.

14. PROVIDER INFORMATION

[COMPANY NAME / FULL NAME (SOLE TRADER)]
Address: [ADDRESS], [POSTCODE] [CITY]
Email: [PROVIDER EMAIL]
Website: www.zivaplans.com
Company registration number: [REGISTRATION NUMBER]
Tax identification number: [TAX NUMBER]
Business account / IBAN: [IBAN]
Bank: [BANK NAME]

The provider is not registered for VAT under ZDDV-1.

Supervisory authority: Market Inspectorate of the Republic of Slovenia (TIRS), Dunajska cesta 160, 1000 Ljubljana, www.tirs.gov.si

These Terms were last updated: [DATE OF PUBLICATION]