Terms & Conditions

Last update: November 2024

Please carefully read our commercial terms before placing an order. Using the website https://digitalsiesta.com/ and placing an online order constitutes your acceptance of the conditions below.

The following general terms and conditions apply to all sales of goods by TOFMIND CREATIVE SRL through the online store https://digitalsiesta.com/ and to the purchase of subscriptions, digital products, and participation in our affiliate marketing program. These terms may be updated at any time by TOFMIND CREATIVE SRL. For any other concerns, please contact us via email at digitalsiesta@gmail.com

Definitions

  • Buyer – the individual or legal entity placing an Order.
  • Seller – TOFMIND CREATIVE SRL, with its registered office located in Romania, Trade Registry Number 45759931, VAT number RO45906331.
  • Goods and Services – any product or service mentioned in the Order, to be supplied by the Seller to the Buyer.
  • Order – an electronic document serving as a form of communication between the Seller and the Buyer, whereby the Seller agrees to deliver the Goods and Services, and the Buyer agrees to accept these Goods and Services and make payment for them.
  • Contract – a confirmed Order from the Seller.
  • Intellectual Property Rights (IPR) – all immaterial rights such as know-how, copyright, database rights, design rights, model rights, patents, registered trademarks, and domain names for any of the aforementioned.
  • Specifications – all specifications and/or descriptions of the Goods and Services as stated in the Order.

Order Placement:

Through our website, we offer:

  • Subscriptions: access to a video library, with download options.
  • Digital Products: downloadable digital materials.
  • Affiliate Program: users can participate to promote our products and earn commissions based on discount codes.

For purchasing subscriptions or digital products, users must provide accurate and complete information. All transactions are processed through secure payment providers.

By placing an electronic or phone Order on the website mentioned above, the Buyer agrees to the communication method (phone or email) that the Seller uses to conduct operations.

The Order will consist of the following documents, in order of importance:

  1. Order (with clear details on delivery and billing data) and its specific conditions
  2. Buyer’s Specifications (where applicable)
  3. Terms and Conditions

If the Seller confirms the Order, this will imply complete acceptance of the Order terms. The Seller’s acceptance of the Order is considered final when the Seller issues a verbal (phone) or electronic (email) confirmation to the Buyer, without requiring a confirmation receipt from them. The Seller does not consider an unconfirmed order as having the status of a Contract.

Prices and Payments

Prices are displayed in EUR and exclude VAT. Payments are made through the available methods on the site. Affiliate program commissions are calculated based on sales generated through unique discount codes or as explained on the affiliate marketing page.

The price, payment method, and payment term are specified in the Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered. The Buyer must provide all necessary information for the invoice issuance, following applicable laws. By purchasing a membership plan, you authorize us to charge your credit card automatically each month, based on the membership plan you have chosen.

Seller’s Obligations

The Seller will use its professional and technical knowledge to achieve the results stipulated in the Order and deliver Goods that meet the Buyer’s requirements, needs, and specifications. The information presented on the Seller’s websites is for informational purposes and may be modified by the Seller without prior notice.

Additionally, for reasons related to space and coherence of information structure, product descriptions may be incomplete. However, the Seller strives to present the most relevant information so that the product can be used within the parameters for which it was purchased.

Cancellation and Return Policy

For subscriptions and digital products, you have the right to request a cancellation within 14 days from purchase, according to consumer protection laws, only if digital materials have not been downloaded.

Purchase Terms and Conditions

At TOFMIND CREATIVE SRL, we strive to ensure clarity and transparency in all our transactions. By placing an order on our website, you agree to abide by the terms detailed below. Please review these terms carefully.

Order Acceptance and Cancellation

TOFMIND CREATIVE SRL reserves the right to decline or cancel any order for reasons including, but not limited to, product or service availability, pricing errors, order discrepancies, multiple orders or requests from the same user, and suspicions of fraudulent or unauthorized activity. We also reserve the right to cancel orders that we believe are intended primarily to obtain reimbursement, or any other misuse of our purchase terms.

Should there be any changes in pricing, they will be effective at the time of order acceptance. If a price modification affects your order, you will have the opportunity to cancel or adjust your purchase accordingly.

Payment Authorization

By purchasing from us, you authorize TOFMIND CREATIVE SRL and its trusted third-party payment providers to charge your chosen payment method for the full amount of the purchase. We take payment authorization seriously to ensure secure, legitimate transactions.

Please note that initiating any unauthorized chargeback will result in your agreement to resolve and cancel any disputes with your payment provider. You may also be responsible for any costs related to resolving disputed payments, including any collection fees or legal expenses.

Privacy and Security of Transactions

For your convenience and security, payment details may be processed by third-party vendors. While we carefully select these vendors for their reliability, we are not responsible for their privacy policies or practices. It’s advisable to review their privacy standards directly on their respective platforms.

After placing an order, you will receive confirmation via email, which will include any downloadable items or access details for digital courses. If you notice any errors in the confirmation details, it is your responsibility to inform us promptly so we can address the issue. If you purchase a product or service and fail to complete payment, you remain responsible for the outstanding balance, including any applicable interest and collection fees, such as legal costs and attorney’s fees

Affiliate Program

The affiliate program allows you to earn commissions by promoting https://digitalsiesta.com/ products. For each purchase made using your affiliate code, you will receive a commission, and the customer using the code will receive a discount. Commissions will be paid based on the terms of our affiliate program.

Intellectual and Industrial Property Rights

All materials on the site are protected by intellectual property rights. Unauthorized use of our content is prohibited. You are permitted to download and print certain materials strictly for your personal or commercial use, in line with the agreed purpose of the product. Any further use, such as copying, framing, mirroring, linking, or replicating any part of our products or services, is strictly prohibited without our explicit written consent.

License to Use

By purchasing products or services from TOFMIND CREATIVE SRL, you are granted a limited, non-transferable, non-sublicensable, revocable license to use the specific product or service you purchased. This license is solely for personal use, and you may not share, distribute, or disclose our products, courses, or services to any other party. You are strictly forbidden from creating derivative works, leveraging knowledge from our products to develop similar offerings, or producing content that replicates our intellectual property. In other words, you agree not to use insights or materials obtained from TOFMIND CREATIVE SRL to create any products that you would not have been able to develop without access to our resources.

Prohibited Uses and Penalties

You agree not to sell, resell, reproduce, or exploit any part of our website, products, services, or the content within, without our explicit written permission. If you breach these terms by redistributing or reselling our products, we reserve the right to revoke your license, terminate your access, and take further legal action if necessary. Additionally, any profits derived from unauthorized products based on our intellectual property must be returned to TOFMIND CREATIVE SRL.

Non-Disparagement Agreement

By engaging with TOFMIND CREATIVE SRL, you agree not to make any defamatory, derogatory, or disparaging statements about our company, team, products, or services, either publicly or privately. This includes directing others to make such statements. You are welcome, however, to provide us with constructive feedback directly. This clause remains effective even after the termination of your access to our products and services

Non-Disclosure and Confidentiality

By accessing our products and services, you agree to treat all provided materials as confidential. You must not disclose, distribute, reproduce, or utilize any proprietary knowledge, trade secrets, technical specifications, designs, or other confidential information except as permitted. This duty of confidentiality extends beyond the termination of your use of our products and services.

Enforcement of Terms

TOFMIND CREATIVE SRL reserves the right to investigate suspected violations of these terms. We may issue warnings, suspend or terminate access, or take legal action at our sole discretion if we find a breach of this agreement. Any actions taken, including termination of access, are non-refundable.

Confidentiality

Information of any nature provided by the Buyer to the Seller will remain the property of the Seller. They may only be used to execute the contract/Order.

Liability and Risks

In any dispute or claim arising from the use of our products or services, the maximum liability of TOFMIND CREATIVE SRL shall be limited to 90 euro. This cap on damages is agreed upon as the sole remedy for any action or claim. If any legal dispute arises between us and leads to court proceedings, the prevailing party will have the right to recover all associated costs, including attorney’s fees, from the other party

By using our products, services, or any associated information, you accept that you do so at your own risk and voluntarily. TOFMIND CREATIVE SRL is not liable for any direct or indirect harm, damage, or losses to your business, finances, health, or personal life that may arise from reliance on our products, services, or recommendations. We encourage you to consult relevant professionals for personalized advice and guidance.

While we strive to deliver high-quality products and services, TOFMIND CREATIVE SRL cannot guarantee specific outcomes or results, as these depend on numerous factors outside our control, such as your engagement, circumstances, and application. The purchase of our products or services does not guarantee results, and lack of desired results is not grounds for a refund, partial or otherwise.

Promotional Offers

Discounts or promotions released after your purchase do not retroactively apply to prior purchases. Any future discounts are provided solely at our discretion, and we reserve the right to change or cancel promotional offers without prior notice.

Delivery

The Seller is obligated to send the Goods and Services online to the email address specified by the Buyer or to offer access in the Buyer’s account from where digital services or products purchased can be accessed.

Acceptance and Transfer of Ownership

Acceptance will occur when the Goods comply with the technical specifications mentioned in the Order. If the Buyer discovers that the delivered products do not meet the specifications, the Seller will bring the products to compliance.

Ownership of the Goods and Services will transfer upon delivery, after payment by the Buyer at the location specified in the order/online in the Buyer’s account. For courier deliveries, the courier is not authorized by the Seller to allow the Buyer to open packages before signing for delivery, only afterward.

User Conduct

By using our site and products, you agree to avoid illegal activities, harmful behavior, spamming, false identities, and inappropriate content, ensuring a respectful and lawful experience for all users; content is for personal and commercial use only, and transferring videos or products to others is prohibited.. 

Testimonials Disclaimer

Our website and products may include testimonials from users sharing their personal experiences. These are independent opinions and do not reflect TOFMIND CREATIVE SRL’s views or guarantee similar results. We do not compensate these individuals, and individual results will vary.

Responsibility

The Seller is not liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order or for damages arising from the use of the Goods and Services after delivery.

Personal Data Processing

In accordance with the requirements of Law No. 677/2001 on the protection of individuals regarding the processing of personal data, as modified and completed, TOFMIND CREATIVE SRL has the obligation to administer your personal data safely and solely for specified purposes, as per the GDPR policy available on the website https://digitalsiesta.com/.

Service Availability

The administrator of https://digitalsiesta.com/ reserves the right to modify the structure and interface of any page or subpage of the website https://digitalsiesta.com/ at any time and for any period chosen, having the right to temporarily or permanently, partially or completely suspend the services provided to the public through this website without prior individual or general notice.

Force Majeure

Neither party will be liable for the non-fulfillment of its contractual obligations if such non-fulfillment is due to a force majeure event, an unforeseeable event outside the control of the parties and which cannot be avoided.

This contract is subject to Romanian law. Any disputes arising between TOFMIND CREATIVE SRL and users/customers/buyers will be resolved amicably or, if this is not possible, disputes will be resolved by the competent Romanian courts.