Article 1

Subject of subscription

Hereby shall be determined the general conditions for the conclusion of a subscription between:

& Andrea Solomun, a sole proprietorship for marketing, consulting, artistic and creative work as the owner and service provider of the website andreasolomun.com (hereinafter: & Andrea),

and the Subscriber (the Party ordering the subscription, hereinafter: the Subscriber) for access to the contents of the website andreasolomun.com (hereinafter: the Service), designed and maintained by & Andrea.

The provisions of the Consumer Protection Act of the Republic of Croatia, the Civil Obligations Act of the Republic of Croatia as well as all relevant regulations of the Republic of Croatia in force on the day of conclusion of the subscription, i.e. after that day, apply to all mutual conditions not regulated by this Agreement.

 

Article 2

Subscription conditions

Subscribers to & Andrea services can be natural and legal persons.

The Subscriber is obliged to submit a subscription order (the Request) and pay for the subscription. Ordering and payment is done via the website andreasolomun.com. The order can also be submitted in writing by sending the order by e-mail, fax or letter. In that case, the subscription shall be concluded based on the receipt of the subscription payment.

The order shall contain the following information:

  1. Subscriber name and surname
  2. Subscriber’s address
  3. Subscriber’s country of residence
  4. Subscriber’s e-mail address
  5. telephone number
  6. legal person’s name
  7. legal person’s PIN
  8. type of subscription/service

 

Article 3

Duty to inform about the change of data stated in the subscription request

The Subscriber shall inform & Andrea of any change in the personal or identification data specified in the order within 8 days from the occurrence of such change.

Notification of the change of data is made by the appropriate entry of the change on the page of the Subscriber’s account on the website andreasolomun.com.

If the Subscriber does not make a change or does not inform & Andrea about the change of personal or identification data within the period provided for in the previous paragraph and if, due to such omission, the notice or other correspondence cannot be delivered to the Subscriber, the delivery shall be considered valid, and & Andrea shall not bear any responsibility for any damage suffered by the Subscriber as a result.

In the event that the Subscriber is unable to make changes in the manner specified in the second paragraph of this article, they shall submit a notice of change by e-mail to info@andreasolomun.com.

& Andrea shall respect the change of data from the moment they receive the notification of the change of data in the manner provided for in this article.

 

Article 4

Conclusion of subscription

The conditions for concluding a subscription between & Andrea and the ordering party are the following:

  1. & Andrea received a duly completed order with all the necessary information;
  2. receipt of payment of the required amount of money to the account of & Andrea;
  3. implementation and authorization of payment of the required amount of money in favour of & Andrea in case of payment by PayPal or payment card.

Subscription shall be concluded by:

  1. registering on the website andreasolomun.com;
  2. paying a subscription to the Service Provider;
  3. selecting/assigning and confirming/delivering the username and password to the Subscriber;
  4. sending an electronic subscription notification.

The rights and obligations from the subscription between & Andrea and the Subscriber start when & Andrea submits an electronic confirmation, after the notification of the payment has been made, for the selected subscription package. From that moment on, it shall be considered that the Subscription Agreement has been concluded.

The assigned username and password together with this Agreement and the General Terms and Conditions constitute a fixed-term subscription agreement. The obligatory duration of the Agreement is four months or one month from the day of concluding the Subscription Agreement, depending on the subscription package.

The subscription shall be concluded for a fixed period of time and last until the expiration of four months, three months or one month from the date of concluding the Subscription Agreement, depending on the subscription package. The subscription shall end on the last day of the subscription. The subscription shall be extended or can be extended for the next subscription period in accordance with the terms of this Agreement.

 

Article 5

Rejection of subscription order

& Andrea reserves the right to reject a subscription order or terminate an existing subscription in the following cases:

  1. if during the previous subscription period, the Subscriber has in any way misused the contents, data and/or materials of & Andrea or unauthorizedly provided them to other (natural or legal) persons for inspection and disposal;
  2. if the Subscriber is a minor or if their legal capacity is in any way limited and the valid approval of the legal representative has not been given;
  3. if there is a reasonable suspicion that the Subscriber or a third party is abusing or intending to misuse the & Andrea Services or if they allow the misuse of these Services by third parties or if the Subscriber has already misused or concealed or failed to report fraudulent actions of third parties in connection with these Services;
  4. if there is a suspicion that the Services will be used by a third party in respect of which there are grounds for refusing the request set out herein;
  5. if bankruptcy, liquidation or restructuring proceedings have been initiated against the Subscriber or if the Subscriber becomes insolvent or over-indebted or if there is any overdue and outstanding claim of & Andrea against the Subscriber or if, according to & Andrea, the Subscriber reasonably has any other difficulties in its business or settling obligations to creditors, unless the Subscriber provides adequate security for the payment of the subscription, including but not limited to an advance, a bank guarantee and acceptance of the restriction on the use of the service set by & Andrea;
  6. if previously, the ordering party in the capacity of a visitor/user of the andreasolomun.com website has in any way unauthorisedly accessed or attempted to access or misuse the contents, data and/or materials of & Andrea or unauthorizedly provided them to other (natural or legal) persons for inspection and disposal.

In the event that the subscription, i.e. fee for the use of the & Andrea Services is paid, and the username and password for the use of the Services & Andrea are not assigned due to the rejection of the Subscription Request, & Andrea undertakes to return the paid subscription fee(s) for the use of & Andrea Services.

In the event of a breach of the terms of this Agreement and the General Terms and Conditions by the user, & Andrea may immediately and without notice terminate this Agreement and disable the usernames and passwords used by the Subscriber.

In the case referred to in the previous paragraph, the Subscriber shall not be entitled to a refund of the subscription fee or a proportional reduction of the subscription fee for the period from the termination of the Agreement until the expiration of the period for which the Agreement was concluded. The same applies in the event that the Subscriber terminates the Agreement by a unilateral statement without guilt of & Andrea. In that case, the subscription fee shall be considered a contractual penalty.

 

Article 6

Activation, duration and username and password notification

Upon receipt of payment, & Andrea will assign/confirm a username and subscriber password for use and notify the Subscriber of this information.

& Andrea shall inform the Subscriber electronically about the assigned username and password immediately after the payment is made, and no later than within eight days.

Unless the parties have agreed otherwise, the period of use of the Service begins on the same day after the notification of the assigned username and password.

 

Article 7

& Andrea services

& Andrea service covers a different range depending on the type of subscription package. Subscribers can choose between three subscription packages – & Body, & Body Premium and & Body Specific.

& Body subscription package includes and entitles the Subscriber to the following:

  1. watching and using the video materials and written electronic materials that make up the contents of the package;
  2. the Newsletter to the registered mail address;
  3. assistance to the Subscriber in accessing andreasolomun.com;
  4. discount on certain & Andrea Services and products such as new programs/subscription packages, professional lectures, discounts with sponsors and friends of & Andrea projects, which are occasionally published on andreasolomun.com.

& Body Premium subscription package includes and entitles the Subscriber to the following:

  1. everything included in the & Body subscription package;
  2. three online consultations lasting up to 45 minutes (initial evaluation and two teaching consultations);

& Body Specific subscription package includes and entitles the Subscriber to the following:

  1. watching and using the video materials and written electronic materials that make up the contents of the package, which refer to specific parts of the body (such as hips, shoulders etc.) or skills (such as the split);
  2. the Newsletter to the registered mail address;
  3. assistance to the Subscriber in accessing andreasolomun.com;
  4. discount on certain & Andrea Services and products such as new programs/subscription packages, professional lectures, discounts with sponsors and friends of & Andrea projects, which are occasionally published on andreasolomun.com.

The & Body and & Body Premium subscription packages are concluded for an initial minimum duration of four months at the beginning of the subscription (four-month subscription) .nd after the automatic renewal for a minimum duration of one month (monthly subscription), The & Body Specific subscription package is concluded for a minimum duration of one month (monthly subscription).

Customers of a subscription with quarterly billing via PayPal service can stop the quarterly payment and switch to monthly payment at any time.

The & Andrea Service also includes the possibility of purchasing the use of individual materials intended for andreasolomun.com users, as well as the offer of educational videos.

& Andrea reserves the right to develop additional options and services that are only available to certain users at an additional cost.

 

Article 8

andreasolomun.com content

The contents of andreasolomun.com in terms of subscribers include video materials, written electronic materials and other electronic content that is individually listed in the content of each offered package.

Article 9

& Andrea and subscriber obligations

& Andrea shall ensure the quality, accuracy and timeliness of the content. The liability of the service provider for any damage that may occur to the user due to possible incorrect, out-of-date or otherwise inappropriate content and data on andreasolomun.com is completely excluded.

Subscribers accept that & Andrea provides the Service within the technical and operational capabilities of its systems and that therefore the Service may not be available at any time and in any place.

& Andrea shall ensure the greatest possible availability of andreasolomun.com, as a rule 24 hours a day, every day of the year. For technical reasons, for the purpose of maintenance or replacement of equipment, & Andrea reserves the right to briefly terminate the rules of permanent availability.

& Andrea shall eliminate possible disturbances and disturbances in its system as soon as possible, in accordance with the relevant norms and recommendations.

& Andrea shall inform the Subscriber of any interference and/or potential technical difficulties in the event of their prolonged duration.

& Andrea shall in no way be responsible for material or non-material damage that may occur to the subscriber or user due to interruption or difficult access to andreasolomun.com.

Neither party shall be liable for any damage resulting from force majeure or events that could not have been prevented, avoided or remedied.

The Subscriber shall not be entitled to unilaterally terminate the Agreement if andreasolomun.com is not available in certain places or at certain times.

Subscribers use andreasolomun.com at their own risk and shall be responsible for the use of the content in legal and business relations in their entirety.

The Subscriber and the Subscriber’s user may not sell or otherwise transfer the username and/or password to third parties.

The Subscriber shall not be authorized to distribute any content of andreasolomun.com or to transfer it to third parties. The legal consequences arising from the possible unauthorized use of data will be borne by the Subscriber who takes such unauthorized actions.

The Subscriber shall be liable to & Andrea for possible misuse of the username or password by unauthorized users or third parties.

 

Article 10

Disclaimer

& Andrea shall not be responsible for problems with access to andreasolomun.com caused by an error of the Internet provider, the Subscriber’s computer or a problem caused by the Subscriber’s Internet connection.

& Andrea shall assume no responsibility for any damage caused to the Subscriber by using andreasolomun.com and related content.

& Andrea shall ensure the quality, correctness and timeliness of the content, data and services at andreasolomun.com at all times. The liability of & Andrea for any discomfort or damage that may occur to the user due to possible incorrect, lacking or otherwise inappropriate content and data on andreasolomun.com is completely excluded. & Andrea shall not guarantee the accuracy and completeness or adequacy of the content, data and other services on andreasolomun.com.

 

Article 11

Prices and payment

Prices of & Andrea Services shall be determined by the price list published on andreasolomun.com. Subscription prices always refer to the subscription and the duration of the subscription provided by an individual package, regardless of the terms of payment.

The basic price of one user’s subscription to & Andrea Services shall be determined by the price list.

One Subscriber shall mean one user with the possibility that the Subscriber-legal entity can subscribe to several usernames and passwords.

& Andrea is authorized to change prices and shall publish and make them available in the usual and accessible way (published on the website andreasolomun.com).

The price list may provide for special tariff models as well as additional services. & Andrea may change or cancel subscription packages and special service fees. In the event of a change & Andrea shall give prior notice of the price change at least three days before the change occurs. Notice to Subscribers of the change shall be made in the usual and accessible manner by posting on andreasolomun.com.

Article 12

Value Added Tax and invoice

The basic price of one user’s subscription to & Andrea Services shall be determined by the price list. Value added tax is not included in the basic price but is charged to subscribers-customers, legal entities and individuals with residence/registered office in the Republic of Croatia or the European Union, when prescribed, in accordance with applicable regulations on value added tax.

The amount of value added tax, if prescribed, shall be shown during the ordering and payment procedure at the appropriate place and on the invoice.

The invoice in electronic form shall be delivered electronically to the Subscriber’s e-mail address provided during registration and payment.

An electronic invoice is available to all subscribers. Upon request, the Subscriber shall also receive an invoice in printed form in accordance with special regulations.

Article 13

Subscription renewal and change of subscription package

The subscription is renewed upon its expiration and shall be paid in the same way as the first subscription was ordered and paid.

The Subscriber with a subscription that has a minimum duration of four months shall be notified of the upcoming automatic renewal of the subscription in the period of 30 days and no later than 15 days before the subscription expires. During this time, the Subscriber may terminate the automatic renewal of the subscription by accessing their user account.

A Subscriber with a subscription that has a minimum duration of one month may terminate the automatic renewal of the subscription at any time by accessing their user account.

After the subscription expires, the Subscriber loses access to the subscriber content, but can re-subscribe to & Andrea services at any time.

The Subscriber can change their subscription package at any time by upgrading to a higher package. After making a payment for a higher subscription package, the subscription period shall start from the day when the payment for the higher subscription package was made.

Article 14

Payment

Payment of subscription and other & Andrea services shall be made by payment to a transaction account, via PayPal service or using a payment card.

Payment shall be done in Croatian kuna (HRK). If the Subscriber resides in a foreign country, the payment is made in the equivalent in euros (EUR) or their local currency by converting the kuna (HRK) amount by the bank of the payment card issuer or PayPal service according to the exchange rate of the payment card issuer or PayPal service.

The Subscriber shall cover the costs of all commissions of the institutions where the payment is made.

The receivable shall be considered settled only after the payment has been authorized and executed in the correct manner and the funds have been transferred to the & Andrea account.

 

Article 15

Compensation requests

& Andrea shall, except for reasons unrelated to its operation, respect the subscription period and provide its Services for the entire duration of the subscription.

If it is not possible to access the contents of andreasolomun.com for more than three days, & Andrea shall extend the duration of the subscription during which the Subscriber is denied access.

In the event that the use of andreasolomun.com is not possible, & Andrea shall refund the fee paid in the amount corresponding to the remaining period of the subscription after determining the permanent inability to use the services of andreasolomun.com This amount is reduced for processing and transfer costs.

 

Article 16

Storing subscriber data

& Andrea shall keep all personal and identification data about Subscribers confidential, and shall use them only for their own needs as well as those specified by law, all in accordance with the Privacy Policy.

By concluding this Agreement, the Subscriber confirms that they have read, understood and accepted the Privacy Policy and the General Terms and Conditions of & Andrea.

 

Article 17

Transfer of subscription

In case of death of the Subscriber-natural person or termination of the Subscriber-legal entity, the legal successors of the Subscriber, if they want to transfer the subscription, must submit a subscription request and proof of legal succession no later than 30 days before the subscription expires.

 

Article 18

Termination of subscription

The subscription shall be terminated in the following cases:

  1. upon the expiration of the subscription period, and one or both parties do not wish to renew the subscription;
  2. for the reasons set out in Article 5 of this Agreement;
  3. in the event that the subscription payment is not made by the payment card issuer or PayPal service for any reason or is disputed by the Subscriber due to unauthorized use of the payment card or PayPal service;
  4. in case of death of the Subscriber or termination of the Subscriber-legal entity, if there is no interest of the successor in the transfer of the subscription, the subscription shall be considered terminated on the day of death/termination of the Subscriber;
  5. in the event that the Subscriber terminates the automatic renewal of the subscription by accessing their user account in accordance with the provisions of Art. 13 13. of this Agreement.

In the case referred to in item 3 of the previous paragraph, the claim against the Subscriber for the services used until then, or an aliquot part of the subscription from the day of the order until the day of termination of the subscription, does not cease.

Any agreement concluded by means of remote communication to which the rules contained in the Consumer Protection Act apply, may be terminated by the Subscriber within 14 days from the date of conclusion of the agreement. By placing an order and making a subscription payment, the Subscriber has given their explicit prior consent to the start and fulfilment of this agreement immediately after & Andrea accepts the subscription and provides the Subscriber with electronic notification of the subscription or assignment/confirmation of username and password.

In case of concluding this agreement, the deadline from the previous paragraph starts from the day when the Subscriber received the notification of the username and password, or from the day when the electronic notification of the subscription was submitted to the Subscriber.

The contract is terminated by sending a notice of termination to andbody@andreasolomun.com. The contract shall be terminated the moment & Andrea received notice of termination.

Videos, electronic materials and documents by & Andrea are digital content that is not delivered on physical media. Delivery is made by electronic means immediately upon receipt of notification of payment, i.e. by enabling the user to access such content. By concluding an agreement on such purchase, the user-consumer gives their explicit prior consent to the start and fulfilment of the agreement and by concluding that agreement or payment confirms that they are aware that they shall have no right to unilateral termination of the agreement in accordance with the Consumer Protection Act.

If the Subscriber is entitled to a refund, the refund shall be made without delay no later than 14 days from the date of receipt of the notice of termination of the subscription. The refund shall be made in the same way as the payment was received.

In the event that the subscription amount for the automatic renewal is not paid to the & Andrea account in full or on time, the service provider reserves the right to immediately and without notifying the Subscriber, suspend the Subscriber’s username or usernames. According to the agreement between the service provider and the Subscriber, it shall be possible to re-establish the validity of the suspended user name or usernames, provided that the Subscriber fully settles all overdue obligations to the service provider and submits a written confirmation. The service provider shall, as a rule, re-establish the validity of the suspended user name or usernames, the next working day after the day on which they received a written confirmation that the Subscriber has settled the overdue obligations.

 

Article 19

General Terms and Conditions, their changes and changes in the terms of the subscription

In addition to this agreement, the subscription shall be governed by the general terms and conditions set out in the General Terms and Conditions and the Privacy Policy. The General Terms and Conditions and the Privacy Policy shall be published on the andreasolomun.com website.

& Andrea shall publish and make available in the usual way all amendments to this agreement, general terms and conditions and privacy policy, and the consolidated text of the amended agreement and/or general terms and/or privacy policy shall be published on andreasolomun.com. These changes shall take effect on the day of publication.

 

Article 20

Username and password

The Subscriber shall keep the assigned username and password as a business secret and ensure that one username and password is always used by the same user.

The Subscriber shall be liable to & Andrea for possible misuse of the username or password by unauthorized users or third parties.

Pretplatnik je dužan, u slučaju da sazna za razloge koji upućuju na mogućnost zloporabe korisničkog imena i/ili lozinke, o tome odmah obavijestiti & Andrea.

 

Article 21

Subscriber support

During their working hours, the service provider shall provide andreasolomun.com users with ongoing free technical and content support when using andreasolomun.com, by phone, fax or e-mail.

The service provider shall make every effort to provide technical and/or substantive support to the user during their working hours immediately upon receipt of the written request. In the case of a complex form of support, the service provider shall try to provide technical and substantive assistance within two working days, in accordance with technical possibilities.

 

Article 22

Dispute resolution

Disputes arising from this Agreement, including disputes regarding the interpretation, application or execution of this Agreement and the General Terms and Conditions, shall be resolved by mutual agreement between & Andrea and the Subscriber. If the contracting parties fail to resolve their disputes in the manner described, the competent court shall be the court in Zagreb.

 

Article 23

Final provision

This Agreement shall be deemed concluded in accordance with the provisions of Article 4 Conclusion of subscription.

By concluding this Agreement, the Subscriber declares that they have read, understood and accepted all provisions of this Agreement, the General Terms and Conditions and the use of the website andreasolomun.com and the Privacy Policy and undertakes to act in accordance with them.

 

Amended on 8 August 2022